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06/01/1982
MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Non-agenda Informational Items DATE: May 27 , 1982 1 . Enclosed is an amended 1982 Budget , please bring your old ' 82 copy to the meeting to turn it in unless you wish to keep it for some reason. 2 . Joe Topic ' s request for dust control has been taken care of . Joe and his neighbors are paying for it directly. Should you have requests like this in the future this will be how we will handle them. 3 . Delores Lebens and I have received calls regarding the volunteer firemen using the facility for private parties held by a member of the department . Butch Ring indicated that the department (not the City) has had a 20+ year policy permitting such use when ok' ed by the Chief and supervised by the volunteer making the request . If the callers pursue this by asking City Council to review and/or justify such "private use" of public facilities Jack Coller indicates that we have but one choice , end the 20+ year policy and prohibit such usage . While this is a questionable use of the fire department , there have been no problems in the past and I do not plan to change the policy unless citizens pursue it . Citizens , Councilmembers , and other City employees cannot use the facility under the pre- sent Fire Department policy. 4. The City has entered into a letter of agreement with Shakopee Sand and Gravel over usage of the Roberts Pit . We will put in place berms to stop vehicles from getting into the pit for dump- ing, and in return we will have the right to use it for "clean fill" . They will still have to address the rat problem and they are still responsible for keeping the site clean. We are placing the letter on file. 5 . The joint auction with Scott County was successful . Tom reported that we netted $1 ,057 . 95 after all expenses . Other cities have expressed an interest in participating next year ( see letter attached) . 6 . The Jackson Town Board has decided to appeal the declaratory judgment of the District Court Judge in the By-Pass lawsuit . We have agreed to allow them to substitute a $500 deposit for the $500 bond required by the Court to file the appeal . 7 . The City application for Levee Drive Park has been scored by the Metropolitan Council staff under its "Criteria for Review of Local Park Grant Applications - FY 1983" . The preliminary ranking ( subject to correction by each City) gives Shakopee 355 of a potential 400 points . The next highest ranking for a freestanding growth center is 337 . This ranking must be combined with the City' s housing ranking for a composit Metro Council ranking. The State does its own ranking, with final funding determined after a meeting and agreement of the staffs of the two agencies . Non-agenda Informational Items Page 2 May 27 , 1982 8 . The Met Council is seeking applicatns for 13 vacancies on its regional Arts Advisory Committee and 4 vacancies on its Emergency Medical Services Advisory Committee. If you know of anyone who would make a good appointment please contact them and send me the names to forward to the Met Council . 9 . Attached is a thank you letter from Jim Karkanen to the MWCC for the 190 green ash and 103 silver maple we received. They are in a "City nursery" just east of Lions Park. 10 . Attached is a thank you letter from Senator Bob Schmitz. 11 . Attached is a letter from Tom Hagedorn regarding the Boulder Decision. 12 . We are beginning to do some internal pricing of smaller items we purchase over a 12 month period. Attached is an example of printing prices . The list will be more comprehensive next year and we are staying primarily with present suppliers while test- ing quality by buying a few items from different suppliers . These items are not available thru Hennepin County' s group purchasing. 13 . Attached is a letter from Adrian Herbst responding to Council ' s questions about wireless TV. 14. Attached is the agenda for the League Conference in Rochester. 15 . May 14th was the deadline for Mr. Wiggin to file the final plat of Mn Valley 6th pursuant to the second extension granted by Council . On May 14th he called the City Clerk and informed her that he had decided not to file the plant at this time (memo attached) . 16 . Attached is a copy of the brochure Savage has put together that is discussed in the ICC minutes and a letter from Gary Eastlund to the Mayor. 17 . Attached is the bid tabulation for the May 17th bid opening that shows the amount of the bid included in the hearing resolution passed May 18 , 1982 . 18 . Attached for your information is a copy of the letter to contrac- tors and developers being sent out on behalf of the Downtown Committee. 19 . Attached are the minutes of the April 14, 1982 ICC meeting. 20 . Attached are the minutes of the May 6 , 1982 Planning Commission meeting. 21 . Attached is a copy of the agenda for the June 3 , 1982 Board of Adjustment and Appeals and Planning Commission meeting. Non-agenda Informational Items Page 3 May 27 , 1982 22 . Attached is a copy of the monthly calendar for June. 23 . We 've had a major foul-up ! We had a tab charge issued on Al Rybak. After Bo and I discussed it with him we decided to drop the tab charge and just double the permit fee for the street cut permit which was taken out late. We forgot then to stop the tab charge , Al Rybak failed to show up at the hearing and then arrest papers went out and he was forced to post $100 bail . Jack, Bo and I worked to drop the charges and refund the money Thursday and Friday and we 've apologized to Al Rybak, however, it could become a version of "false arrest" . I ' ll keep you posted. SCOTT COUNTY CENTRAL SERVICES COURT HOUSE 104 SHAKOPEE, MN. 55379 (612)445 7750, Ext. 157 May 26, 1982 Mr. Tom Brownell, Chief of Police CITY OF SHAKOPEE 476 Gorman St. Shakopee, MN 55379 Re: City and County Auction Tom: Congratulations on the very successful Auction that was completed last Saturday here at the Court House. Everything seemed to go exceptionally smooth from our viewpoint. All items, except one, were cleared out of the garage by Monday afternoon, so Ed Monnens was exceptionally pleased that he didn't have to make a "Dump Run". Thank You again for your help and cooperation, and I am looking forward to future cooperative ventures with the City of Shakopee. Regards, Cil)S:)•&. 1 m Slavik :astral Services Officer JRS/js An Equal Opportunity Employer '74,4\40.-41 CITY OF SHAKOPEE INCORPORATED 1870 /x " 129 E. First Ave. - Shakopee, Minnesota 55379 (612) 445-3650 7�� KQ :` ?' 'is 6 May 4, 1982 Dave Hawes Twin City Tree Trust 4100 Vernon Ave. South St. Louis Park, Minn. 55416 Dear Mr. Hawes, The City of Shakopee would like to take this opportunity to thank the Twin City Tree Trust and the Metropolitan Waste Control Commission for the 293 Green Ash and Silver Maple trees provided us recently from your tree farm located at 3850 E. River Road. The courtesy and cooperation of yourself and Nick Snyder of the MWCC was greatly appreciated by our Park Dept. personnel. The trees, valued at approx. $5 to $6 each, (Wholesale) were placed in our Shade Tree nursery to be used as replacement trees in our • Dutch Elm reforestation program this fall and next year. Again, please accept, our appreciation for your efforts and cooperation in this transaction between our agencies . Sincerely, 0/aL-7-2-e4,./ Jim Karkanen, Supt. Public Works Dept. City of Shakopee cc. John Anderson, City Administrator The Heart of Progress Valley An Equal Opportunity Employer /6 ROBERT .1. ti(II1Ii'/ lotdan, M11innr.ota 5535? Senate 23lice: 1 7 }9B2 X35 State Capitol MAY A St. Paul. Minnesota 55155 State of Minnesota Phunr: (hl�l ?9h-7157 CITY OF SHAKOPEE May 14, 1982 Mayor Eldon Reinke City of Shakopee 129 East First Avenue Shakopee, MN 55379 Dear Eldon: As vice chairman and host legislator of the Joint Legislative Commission on Metropolitan Governance, I want you to know that I personally appreciated very much your testimony at the meeting in Shakopee on May 5. Your testimony "hit the nail on the head" and provided support for those of us who have continual problems with the Metropolitan Council at the State Legislature. I know you made a good impression on the legislators and, hopefully, the impression will result in some legislative policy next session. Sincerely, 1f Robert J. Schmitz Vice Chairman Joint Legislative Commission on Metropolitan Governance RJS/cf COMMITTEES • Chairman, Veterans Affairs • Rules& Administration • Transportation • 'Taxes & Tax Laws • Elections & Reapportionment 1/ TOM HAGEDORN DISTRICT OFFICES: 2ND DISTRICT,MINNESOTA P.O.Box 3148 MANKATO,MINNESOTA 58001 COMMITTEES: (507)387-8226 PUBLIC AGRIWORKSRAND E Congre55 of the Efniteb Otate5 211 SOUTH NEWTON STREET ALBERT LEA, MINNESOTA 56007 TRANSPORTATION (507)377-1676 30oute of iteprecientatibel RONALD K.ENCE WASHINGTON OFFICE: 11 ADMINISTRATIVE ASSISTANT 2344 RAYBURN HOUSE OFFICE BUILDING �1(Ji NA�ry btngton,�.W(�. 20515 WASHINGTON,D.C. 20515 li (202)225-2472 IrA$ rt 4 May 20, 1982 ...:;ligrn ! MAY..2 4198 CRY OP:SH:AKOPEE Mr. John K. Anderson City Administrator City of Shakopee 129 E. First Avenue Shakopee, Minnesota 55379 Dear Mr. Anderson: Thank you for your letter expressing concern over the Supreme Court's Boulder Decision. The Boulder case raises substantial anti-trust issues which I agree should be of concern to the Congress. I am advised that the Chairman of the Monopolies and Commercial Law Subcommittee, Peter Rodino, has instructed his staff to collect background information and to prepare for a possible hearing on the local government anti-trust liability issues raised by the Boulder Decision. I appreciate your sharing your thoughts on this most important matter and your comments will be kept in mind. Best wishes. Sincerely yours, om Hagedorn Member of Congress TH;sdh 1°7 PRINTING QUOTES May 14, 1982 MN Dept . of Clay ' s Link Corrections Inspection Report ( 2 M) $159 .60 $ 74. 55 $ 76 . 19 Building Permit ( 2 M) 226 . 65 190 .00 183 .09 Plumbing & Heating Permit ( 2 M) 192 . 55 140 .00 127 .49 Certificate for Connection by Utility ( 2 M) 254. 60 200 .00 173 . 94 Invoice ( 2 M) 168 . 65 160 .00 111 . 58 Letterhead ( 2 M ) 105 . 60 64 . 90 65 . 71 Purchase Order ( 2 M) 294. 90 255 . 00 193 . 74 " " ( 3 M) 424. 95 455 . 00 424. 93 3 Part Reply Memo ( 2 M) 159 .00 No Quote No Quote • HERBST & TRUE, LTD. ATTORNEYS AT LAW 2030 NORTHWESTERN FINANCIAL CENTER TELEPHONE 7900 XERXES AVENUE SOUTH (6 TE EPHONE34 12) 835-24 DANIEL E. HERBST BLOOMINGTON, MINNESOTA 55431 DANIEL D. THUF. �y,, 3 GARY R.MATZ `I-�2� 5 �r JOHN F. GIBBS 1982 :,.r,:.,�.-; *:ate LEGAL AS$ISTA*7T • May 24 , MAY 2 51982 CITY OF SHAKOPEE Ms. Jeanne Andre c/o Shakopee City Hall 129 East First Avenue Shakopee, Minnesota 55379 RE: Our File Number 81-1026G Dear Jeanne: At the City Council meeting on Tuesday, Councilwoman Delores Labens asked me a question with regard to whether or not wireless TV would be competitive with cable TV. Further, i understood she had a concern about if indeed it would be competitive, it would cause an impact on the profitability of the system proposed for Shakopee and by virtue of that, result in a liability problem for the City. I was not entirely certain at the time of the Council meeting as to exactly what in particular she was referring to. The term "wireless TV" has been used to apply to several different types of technologies currently available. However , whethet or not any of the technologies would, in fact, impact on the profitability of the cable system proposed for Shakopee is uncertain and further , if one of them did, that fact tewould not cause a liability situation for the City of The technolithethat followingavailable amrawarecurrently being considered include 1 . DBS (direct broadcast satellite) . This is a technology which would make it possible for a home to have a small sized, inexpensive antenna receiver on the roof of a microwave dish style that could pick up signals directly from a fixed satellite. Currently, there are in excess of thirty channels being applied for before the Federal One Com- munications Commission to permit DBS programming. One aul company is the Hubbard Broadcasting Company in St.They intend to acquire three satellites to put into space and further, to provide programming for three channels. A number of other companies in other parts of the United States have similar applications pending before the FCC j HERBST- & TRUE, LTD. Ms. Jeanne Andre Page Two May 24 , 1982 and with those other companies, in addition to the Hubbard Broadcasting Company, there could conceivably be programming to provide in this method for in excess of thirty channels. You should know that DBS has not yet proven to be workable and furthermore, the FCC has not yet acted upon the pending applications. Additionally, this technology may not be totally competitive with cable inasmuch as cable TV provides a broader range of services including satellite programming, network programming, two-way interactive programming, data transmission, local origination and access. 2. MDS (multi-channel , multi-point distribution service) . I have enclosed a recent article with regard to this technology. It may well be that this technology of "wireless cable" will be more competitive than any other technology with cable TV. This is so due to the fact that it is intended that there will be interactive services offered in addition to programming. As you cap see from the article, an application is pending before the FCC. However, no action has been taken on it and it is uncertain as to when that will occur. Furthermore, I am not aware of any application that would have an impact on the Shakopee area. Again, with regard to this technology, although it will be competitive with cable, it still would not have the full broad range of services as does a cable TV system. This is so particularly from the standpoint of the community ser- vices that are offered by cable. 3. Low Power TV. At the present, there are hundreds of applications for low power television stations pending before the FCC. A low power television station could broad- cast programming to a short range distance of receivers. I understand that normally the range is five mile radius from the station. Low power TV stations also are not equipped to provide the full range of services of a cable TV system and, in addition, are mainly intended to be located in the rural or outlying areas. Furthermore, at this time, I am not aware of any proposed low power station for the Shakopee area. This additional information should be of assistance to you and the City Council . However, if you do need more infor- mation'or comment relative to these technologies or the impact on the Shakopee system, I recommend that Anita Benda be con- sulted with regard to those questions. Ver t ' y , All,- A 40i4 R(12 Adrian E. Herbst AEH:ndr cc: Anita Benda p 'yCht'lnc t Ntws-N+a v 1C 1984 /3 return on an urban cable system. ming and home security serv- icroband MDS System . The cost for the entire Micro Programming offered via the band project as envisioned multichannel MDS operations Set To Compete with Cable would ny about 135 million,the could include movies, sports. company said. news. video games, data and By Stewart Schley _ Mr. Franco said the company To compete with cable tele- teletext, said Mr. Franco. Nest Coast Bureau Chief • also analy7,ed a proposal to build vision in interactive services of- He added that Microband IAS VEGAS—A multichannel the cable system in Brooklyn fit- fered, Microband said it would does not envision programmers multipoint distribution service ed by Warner Amex Cable Com- use the telephone-based corn- deciding to provide services ex- network proposed by common munications Co.and found that puler and data network of elusively to cable. When pro- arrier Microband Corp. would the rate of return on investment parent company"I'ymshare Inc. gram suppliers realize the Ilow MDS to compete "head available to a multichannel to provide transactional services potential of a new market, he MDS operation would exceed such as home shopping and to said. .they will pursue that ln ' with cable television for Sul>scritx'r dollars in the nation's by more than 20 percent the offer pay-per-view program- market. ❑ -op 50 markets, Microband of- ficials said here. • A ill day comment period on , • the company's proposal filed Protect your with the Federal Communica- tions Commission began May 3 ththFedofficial noticeRter. Med in- convertor investment the Federal Register. Micro- sand submitted it..• plan for an urban "wireless cablenetwork Pay•TV's most compa .\'ewskets . Feb. 1982,Multichannel Multi Level cra ti'eun, Feb. IS. lyti2, p. I I. • s D Microband president Don Franco said the company ex- - the7iceingz-. ® 21 peels opposition from sup- porters of Instruction Television Fixed Service,which is allocated _ spectrum space Microband's • proposal would need to increase - .. the number of MDS channels ' authorized in a given market. . lie added that the company does . not anticipate opposition from . the cable television industry. Microband's proposal, out- ,....„ - hned before the common carriers affiliates in a meeting here, calls for an increase in the . number of MDS channels avail- - - able to a carrier from one to five. . Microband also suggested that • , three earners be allowed in each ,`�-� market, a plan that could allow `_•'.:,Z,•""- r ' up to IS MDS channels in a Single market. :! - If MDS is to survive as an in- - " - dnstr',Microband said in its fil -�` "" - iiig with the FCC., it must be ~1'�`'` able to cx,mpete with cable vision in major cities. And ANiXiE . has it, According to Microband • . chairman Mark Foster, the • "wireless cable"proposal would Hamlin's MLD-1200 Multi-Level Descrambler offers Pay-TV operators enhance MDS to compete"head • most reliable way to keep pace with the growing variety of pay progrt to head with the cable industry."iKn eacon the proposed project, Micro- The Hamlin MLD-1200 is compat- space.The band commissioned a study by ible with multichannel convertors vides the be Browne Bortz & Loddington . " -tow in use. If you are currently -The MLD-1200 is another available. that found five channels of pro- using multichannel convertors ' example of Hamlin's leadership The Ham gramming would satisfy the ma- .such as Hamlin,Oak,Jerrold, in innovative products for the maximum v jority of consumer needs. (In a Sylvania or R.C.A.,the MLD- Pay-TV operator. Reliable built-in system alio separate study done by the same - , • 1200 will immediately add 12 . security.Control information is in vidualized r consulting firm for the National levels of scrambled Pay-TV•r_ the vertical interval.Needs no : to each of y Cable Television Association, - - ~ v... + results said pay TV delivery syn- - - Find out how theHamlin MLD-1200 Descrambler can add to your Pay- terns other than cable television Call our toll free "Hot Line" 800-323-04361 could erode five to 20 percent of _ cable's subscriber market.) In an emergency,weekends and holidays or after 5 p.m.,call toll free 1-{80 CORPORATE OFFICES:ANIXTER BROS.,INC_4711(Ion Road,Skokie,L 60076(112)67 Please turn to page 86 for . .- A.NIX subscription information. - - - - - C Mlxler Bros.,Inc.1D62 • J1/ AGENDA All events at Kahler Hotel, Rochester, unless otherwise noted -- Registration on Lower Level. Tuesday, June 15 5:00 p.m. - 7:30 p.m. Registration Open 7:00 p.m. SPECIAL KICK-OFF PROGRAM Dealing Positively with Change Karen Kaiser Clark 9:00 p.m. RECEPTION/Cash Bar Wednesday, June 16 8:00 a.m. - 5:00 p.m. Registration Open 8:30 a.m. - 5:00 p.m. EXHIBITS Open 8:30 a.m. - 9:00 a.m. Continental Breakfast -- Exhibit Area 9:00 a.m. OPENING SESSION Welcome to Rochester Mayor Chuck Hazama Keynote Address Robert Biller 10:15 a.m. Refreshment Break 10:30 a.m. - 11:45 a.m. THREE CONCURRENT TRACKS 1. Creative Financial Management -- Part I The Fiscal and Personal Impact of Budget Cuts 2. Creative Organizational Approaches -- Part I Making an Organization Work -- Guidelines for Cities 3. Creative Personnel Management -- Part I Introduction to Labor Relations 11:45 a.m. - 1:15 p.m. LUNCHEON -- Exhibit Area 1:30 p.m. - 5:00 p.m. THREE CONCURRENT TRACKS 1 . Creative Financial Management -- Part II Managing With Less -- Strategies and Case Studies 2. Creative Organizational Approaches -- Part II Goal-setting/Teambuilding/Forecasting -- Strategies and Case Studies 3. Creative Personnel Management -- Part II A Guide to Labor Negotiation and Mediation *Special Feature: Mock Session 6.30 p.m. CITY NIGHT -- Civic Auditorium Reception, Western Buffet, Dancing! Thursday, June 17 Mini-Conference Day program and General Conference Program 8:00 a.m. - 5:00 p.m. REGISTRATION Open 8:30 a.m. - 5:00 p.m. EXHIBITS Open 8:30 a.m. - 9:00 a.m. Continental Breakfast -- Exhibit Area 9:00 a.m. - 11:40 a.m. FOUR CONCURRENT TRACKS 1. Creative Financial Management -- Part III The Entrepreneurial City *Innovative Revenue Sources *Public-Private Partnerships (OVER) -2- 2. Self-Help for Small Cities Understanding Your Financial Condition Warning Signs Capital Improvement Programming 3. Specialized Management Problems -- Part I Cable TV Using Telecommunications in the Public Sector 4. Creative Personnel Management -- Part III Effective Use of Volunteers Effective Use of Advisory Commissions 12 Noon - 1:30 p.m. MAYORS ASSOCIATION AND MINI-CONFERENCE LUNCHEON Grand Ballroom, Holiday Inn Downtown (All conference participants are invited.) 1:45 p.m. - 3:15 p.m. FOUR CONCURRENT TRACKS 1. Creative Financial Management -- Part IV A Creative Look at Public Enterprises 2. The Minnesota Connection -- Small Cities Legislative Update Enhancing Your City's Role in State Policymaking 3. Specialized Management Problems -- Part II Increasing Profits from Your Municipal Liquor Store 4. Personal Development -- Part I Unleashing Your Creativity 3:30 p.m. - 5:00 p.m. LEAGUE OF CITIES ANNUAL MEETING Special Guest: Don Benninghoven 6:30 p.m. LMC Reception/Banquet -- Civic Auditorium C.C. Ludwig Awards Special Entertainment Friday, June 18 NO EXHIBITS 8:00 a.m. - 9:30 a.m. Registration Open 8:30 a.m. - 10:55 a.m. THREE CONCURRENT TRACKS 1. Creative Financial Management -- Part V Organizing and Financing Downtown Redevelopment 2. The Minnesota Connection -- Larger Cities Legislative Update Enhancing Your City's Role in State Policymaking 3. Personal Development -- Part II Avoiding Professional Burnout 11:00 a.m. WRAP-UP BRUNCH Sponsored by Minnesota Women in City Government Speaker to be announced 12:30 p.m. Adjourn 111 IIII 1111 WI league of minnesota cities May 17, 1982 TO: Mayors, Managers and Clerks FROM: Donald Slater, Executive Director RE: By-Law Amendments to be Considered at 1982 LMC Annual Conference Below please find constitutional amendments proposed and approved by the LMC Board of Directors for consideration by the membership at the LMC Annual Meeting, Thursday, June 17, 1982, at 3:30 p.m. at the Kahler Hotel in Rochester. 1. Amendment to Article III, Section 3: ARTICLE III Section 3. Any municipality which shall have failed to pay, er-made-a-eemmItmeat to-pay; its dues by the first of January following the due date, shall be stricken from the membership roll. Approved by LMC Board of Directors, March 18, 1982. 2. Amendment to Article IV, Section 1: ARTICLE IV OFFICERS AND COMMITTEES Section 1. The officers of the League shall be an elected president, an elected vice president, the immediate past president ex officio, the president of the Association of Metropolitan Municpalities ex officio, the president or a vice president of the National League of Cities if a Minnesota city official ex officio, and twelve elected directors. Approved by LMC Board of Directors, May 13, 1982. 3. Amendment to Article IV, Section 3: "To be eligible to be elected and to serve, or continue to serve, as an elected officer of the League, a person shall be an officer of a member municipality. Unexcused non-attendance at three consecutive League Board of Directors meetings shall constitute an abandonment of office. The Board of Directors by two-thirds vote of all its members, for good cause, before or after the absence, may excuse any member from any Board meeting. Any vacancy in an elective office shall be declared by resolution of the Board of Directors and be filled for the remainder of the term by the Board of Directors subject to the approval of the membership at the next annual meeting, except that a vacancy in the office of the president shall be filled by the succession of the vice president. A vacancy in the office of Director occurring at the annual convention shall be filled by election at the convention for the remainder of the term." Approved by LMC Board of Directors, October 9, 1981. 1 88 university avenue east, st. paul, minnesota 551 01 [612) 227-5600 DS:rmm ;117111-111 11111111 league of minnesota cities May 17, 1982 TO: Mayors, Managers and Clerks FROM: Donald Slater, Executive Director RE: Articles of Incorporation Amendment LMC Research Foundation Proposed Amendment to the Articles of Incorporation of the League of Minnesota Cities Research Foundation, Inc. to be submitted at the Annual business meeting of the Foundation held in conjunction with the Annual business meetingeof the erLeague of Minnesota Cities on Thursday, June 17, 1982, at 3:30 p.mat Hotin Rochester. The board of directors taand emembershthe ip aas well as the annual meeting date the Foundation are identic l with Stricken language is lined out; new language is underlined. ticles f The Board of Directors gogeneral membership `,rInc. beo amended to Incorporation of the League ofMinnesota CitiesResearchFoundation read as follows: ARTICLE II. The purpose of this corporation shall be: Te-veeeIve;-keI4 -mertgage;-an4-eensey feal-estate-ani-ethet-preperty-€ees�see epg.�nnese�e�6esggenene}y�an��e€�mem�e�sRan�he eevperstien;-te-fettlCeftk�e ntet asseeiates-e€-the-Eeagee-a€-44}nneseta-Gltles-15y-eeneeetIng-feseareh-aet v} }es-and prem 4}eg-a4viee;- n€ermat4en;-ass stanee;-sere}ees;-and-seppert-te-Hee+e pal gevetnmentst-te-aeeept;-feee}ve;-a4m etef;-and-4}sbetee-grants,-flees;-eentraet-€ees; and-ether-menet'-te-eendeet-getlyi }es-e€-tk s-eerperatlen;-te-4e-everyt }8e-heeeseafy e-4es fable-te-earry-eet-the-pefpeses-a€-the3se-ett eIes-an4-everyth}ng- eie per ttee-by-Iaw-te-eeyperat4cens-a -thIs-k}ne7 "This foundation is organized exclusively for charitable, educational or scientific purposes, including for such purposes, the making of distributions tothe organizations that qualify as exem•t organizations under etonf501an (c) (3)ure oof the Internal Revenue Code of 1954 (or the corresponding provisions States Internal Revenue Law.)" Approved by the LMC Board of Directors, March 18, 1982. DS:rmm 'I 83 university avenue east, st. paul, minnesota 551 01 (612) 227-5600 RECEIVED MAY 191982 CITY OF SHAKOPEE SPECIAL REMINDER Spouses be sure to register in advance for the Spouse and Children' s events at the 1982 LMC Annual Conference. Attached please find a list of special conference events. Note times and locations of planned activities and mail your reservation form before June 7 to be sure to reserve a place! IIII 1-17 illi e 4 league of minnesota cities April 19, 1982 TO: Mayors, Managers, Administrators and Clerks of Member Cities We welcome you to join Minnesota city officials at the 1982 LMC Annual Con- ference June 15-18, in Rochester. This year's theme, "Let's Manage Cities Creatively", provides consideration of concerns most on the minds of city officials; namely, creative financial management; self-help for smaller cities; and enhancing cities' role in state policy making. The program will focus on both the fiscal and personal impact of budget cuts as well as ways to make organizations (cities) work and managing with less, along with a host of other topics designed to bring you new approaches to the challenges we face. Workshops such as "The Entrepreneurial City", "Under- standing Your Financial Condition"; "Specialized Management Problems"; and "A Creative Look at Public Enterprises" will provide an opportunity to learn skills needed to provide services at a time of diminished resources. In addition, a mix of other sessions on topics such as dealing with change, unleashing your creativity, and professional burnout will also be offered during the conference. This year, programs of interest to smaller cities have been scheduled right along with the full conference program as they were in 1981. Sessions scheduled for Thursday, June 17, offer city officials a "Mini-Conference Day" full of practical and problem-solving workshops on innovative revenue sources; public-private partnership; and increasing profits from your municipal liquor store. The LMC Annual Meeting will also be held on Thursday, June 17 (at 3:30 p.m.) to encourage city officials to come together to participate in the discussion of future League programs and election of Board members. Don Benninghoven, Executive Director of the California League of Cities, will be our special he guest. He fallpaskwith us about a framework fortpolicyldevelopmenttuPlan will and action by adopted last California cities and CLC. Advance registration is requested whenever possible. Early registration provides essential attendance figures for program and meal activities. Full conference registration is $80 in advance; $85 at the conference. Advance Mini-Conference registration (including all sessions and the luncheon on Thursday) is $35; on-site registration is $40 for the program. The League's enabling act (M.S. 465.58, Subd. 1) permits the use of municipal funds to pay for attendance at League meetings as well as LMC dues. (OVER) 1 83 university avenue east, st. paul, minnesota 551 01 (6123227-5600 Member Cities Page two April 19, 1982 Enclosed you will find reservation forms for not only the Conference, but also for housing and spouse events as well. We hope you will be able to join us in Rochester at the Kehler Hotel for an extraordinary opportunity to use your valuable time to learn and participate in an outstanding conference. Si erely, / / CUUrt Donald Slater Executive Director DS:rmm Enc. SPECIAL CONFERENCE EVENTS FOR SPOUSES AND CHILDREN 1 TUESDAY, JUNE 15 - 1:00 P.M. - GOLF TOURNAMENT Gold Tournament - Soldier's Field Golf Course Complimentary tickets for golf, tennis and recreation center will be available at the Rochester City Desk (in the registration area) throughout the conference. WEDNESDAY, JUNE 16 - 9:00 A.M. ; 12:45-4:00 P.M. - MORNING COFFEE/WALKING TOUR 9-10 a.m. - Coffee and rolls on the Kahler Hotel Mezzanine level, compliments of the City of Rochester (Delegates' Continental Breakfast at the same time in the Exhibition Hall) Rain or Shine Walking Tour 12:45 p.m. - Meet at West Entrance, Kahler Hotel 1:00 p.m. - Medical Museum Tour 2:00 p.m. - Mayor Clinic - Guided Tour 3:00 p.m. - Shopping at Riverside Dessert and coffee at Rochester's newest French Restaurant, Le Bristro. Sample French pastries on the outdoor terrace and stroll along the riverwalk bordering the Zumbro River. THURSDAY, JUNE 17 - 8:30 A.M. ; 9:30 A.M.-2:00 P.M. - MORNING COFFEE/BUS TOUR 8:30-9:30 a.m. - Coffee and rolls on the Kahler Mezzanine level, compliments of the City of Rochester (Delegates' Continental Breakfast at the same time in the Exhibition Hall) 9:30 a.m. - Depart by double-decker bus from Kahler Hotel for Olmsted County Historical Society, then on to Mayowood, historic estate of Dr. Charles Mayo. 12 Noon - Mix and mingle afterwards at the Plummer House and enjoy lunch, entertainment and fashions by Julius Estess. Drawings for door prizes! 2:00 p.m. - Return to Kahler Hotel. (ADVANCE RESERVATIONS ARE NECESSARY. SEND CHECK FOR $8.75 FOR THIS PACKAGE TOUR!) CHILDREN'S ACTIVITIES - THURSDAY, JUNE 17 - 10:00 A.M.-2:00 P.M. - POOL PARTY 10 a.m.-2 p.m. - Pool Party atop the Kahler Hotel - Bring your swim suit! Box Lunch (cost: $4.25, including soft drinks) . Lifeguard - courtesy of Rochester Park and Recreation Department. SPOUSE AND CHILDREN'S ACTIVITIES REGISTRATION FORM Please check one: include number of persons participating. TUESDAY, JUNE 15 - GOLF TOURNAMENT Yes No # persons WEDNESDAY, JUNE 16 - WALKING TOUR Yes No # persons THURSDAY, June 17 - BUS TOUR Yes No # persons (Make advance reservation by mailing check payable to Mayor's Contingency Fund: $8.75 per person) THURSDAY, JUNE 17 - POOL PARTY Yes No # persons $4.25 payable at Rochester City Desk Registration NAME Mail form and Advance Reservation ADDRESS check to: Suzanne Norris CITY ZIP Mayor's Assistant 215 City Hall Rochester, MN 55901 CONFERENCE REGISTRATION FORM ) t 1982 General Delegate Registration June 15-18, 1982 -: Y,A CE REGISTRATION $80.00 Registered delegates to the General Conference are ',Received on or before June 1, 1982) welcome to attend Mini-Conference sessions and DO NOT NEED TO PURCHASE SPECIAL REGISTRATIONS. T RA T ION AT CONFERENCE $85.00 Pgistration fee includes a badge and admission to Extra Conference Meal Tickets ,;;oral sessions and workshops and tickets for the Mini-Conference registration DOES NOT INCLUDE any meal ;unctions listed on the official program - meals except Thursday luncheon. ;;;,allay continental breakfast in exhibit area, Extra tickets may be ordered below. Be sure to indicate ,:,�"y t :c ,,i hursday continental breakfast in ex- the name of the person(s) for whom the tickets are toThursday-r 7. banquet, and Friday brunch. Extra ordered,or the name of the delegate who should receive ;�;; �<,i functions, including MAYORS WN- .the extra tickets. .-; DN, may be purchased separately (at right). If you NUMBER FOR WHOM TOTAL - in advance, you will receive a postcard rt which you must present at the Wednesday -?E _tr ti-,n, desk. Continental Breakfast-$2.00 $ \:,_-...‘;' ,--,f Wednesday . f Cit; Luncheon-$7.00 $ s,': wish to purchase advance registration Thursday s at $83.00 each for the following persons: _Continental Breakfast-$2.00 $ <>L-t. ,e name Name of spouse if attending Thursday __Mayors Luncheon-$10.00 Thursday Mini-Conference Luncheon - $ $10.00 --- Thursday Banquet-516.50 $--- ----- Friday $ --- Brunch-$8.00 _.__._ Mini-Conference Thursday, June 17 ADVANCE REGISTRATION $35.00 Name of City iECISTRATION AT CONFERENCE $40.00 We wish to purchase advance registrations *.t $35.00 each for the following persons: ;i you plan to attend the Thursday banquet, please order Print or type name Name of spouse , tickets in the second column above. and position: if attending J;; Thursday, June 17, there will be a full day of Mini- Conference programming. The registration fee includes - a 'cadge, registration,and luncheon. If you register in ad- va ice, you will receive a postcard acknowledgement .,4-,!ch you must present at the prepaid registration desk. Total Advance Registration Order (Must be received on or before June 1, 1982) AMOUNT NUMBER � 5 Advance general delegate registrations at$80.00 5 Advance Mini-Conference registrations at$35.00 S Extra tickets for conference meals and reception S TOTAL 21 April 1932 i t Housing Information SINGLE DOUBLE Hoer:l, 20 Second Ave. N.W • $38.00 $48.00 . $5.00 for each additional person Inn Downtown, 220 South Broadway $36.00 $42.00 $600 for each additional person 'i v: y Motor Lodge, 151716th Street S.W $35.00 $45.00 $3.00 additional for poolside rooms f a ockt Inn, 1625 South Broadway $33.00 $38.00 i 9 E: The Kehler Hotel is the Headquarters Hotel. IMPORTANT INSTRUCTIONS zooms will be reserved on a first-come, first-served basis. The earlier you make your reservations, better chance you will have of getting your first choice hotel. The hotels will hold room blocks only until JUNE 1, 1982 after which regular room rates will be in effect. A deposit equal to one night's lodging per room must accompany this housing form. Return housing - ...; and deposit to: League of Minnesota Cities Housing Bureau Rochester Convention & Visitors Bureau 212 First Avenue S. E. Rochester, MN 55901 Attn: Kathy Freeman You will receive an acknowledgement of your reservation from the assigned hotel. ALL CHANGES in reservations or CANCELLATIONS MUST be made through the Housing Bureau in writing. Except for guaranteed pay for later arrival, room deposits will be refunded if reservations are canceled. NO reservations will be accepted by phone. { Housing Reservation (Please Print or Type) Title: sanization: Ni _: State: Zip: e Arrival Time: Departure Date: Hotel Preference r = Second: Third: S ci i k'iq,uirernents: Names LJ Ail Occupants: li Do you wish to guarantee pay for arrival after 6:00 p.m.? Yes_ No— 0 Enclosed is a deposit equal to one night's lodging per room. (Make check payable to the hotel of your choice.) Mail to: League of Minnesota Cities Housing Bureau Rochester Convention & Visitors Bureau 212 First Avenue S. E. Rochester, MN 55901 Attn: Kathy Freeman ; /45' MEMO TO: Don Steger, City Planner FROM: Judith S . Cox, City Clerk' ,l RE: Final Plat of Minnesota Valley 6th Addition DATE: May 14, 1982 The second extension for filing the final plat of Minnesota Valley 6th Addition expires today May 14. Mr. Wiggin advised me by phone this noon that he does not wish to file the plat at this time . He will pursue the platting process from the beginning at a later date . The attached developers agreement was not executed and returned to us , nor the 10% deposit required under payment method E( 1 ) . The agreement with S.P.U.C. for street lighting was not returned to S .P.U. C . The abstract was not re-examined ( it being almost a year since the attorney gave a title opinion) since Mr. Wiggin decided not to file the plat at this time . Other conditions in the resolution of final plat approval , are in order. You may wish to ask Mr. Wiggin to pick up the plat , since there is no need for the City to hold it any more . It has been all signed except by the Clerk/Administrator so it is unrecordable . JSC/jms 1 Gary Eastlund r Executive Vice President RECEIVED APP` 2 21982 SCOTTLAND INC. CITY OF 'SHAKOPEE April 21, 1982 Mayor Eldon Reinke City of Shakopee 129 East First Avenue Shakopee, MN 55379 Dear Eldon: I am enclosing information that I received from the City of Savage that might be of interest to you because of your continued efforts in supporting development in Shakopee. Competition between communities in attracting new development has been strong in the past but because of the economic conditions will even be stronger in the future. The immediate problem we have in Shakopee is getting the school ref- erendum passed on May 4, 1982. If this is not passed our community will be at a disadvantage in trying to attract new industry and keep existing industry when they need to expand. I am very happy to see the effort being put forth by the Citizen's Committee and the various organizations in support of the referendum. As soon as we get further along on our promotion of Valley Industrial Park and the City of Shakopee I will be inviting you out to review what we are proposing and ask for your suggestions on how we can make it a success. Sincerely, Gary Eahtlund GE/ds Enclosure 5244 Valley Industrial Boulevard South, Shakopee, Minnesota 55379/612-445-3242 0). K � � � � CO SSU a O � U) = O ' ow � O ° <• cm �7c0D ° a3 � = m < oo ° p0Dca s1)0 c . w � mo O m O S O -1 (n O cn C2 -1 n cow (p m • ._+ = 3 c -• 0Li)L -. < (D c� � m •cn � m cr Sw '. � S 0 5 a -, cn - < O ., 3� m DC 3 0 a) O cn p- o w w c w < 'act) " O w m 0. 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DS/jiw Attachment .fes . CITY ® F SHAKOPEE ( �..lit VA INCORPORATED 1870 INIONIMELIMIRIMMINmagamimi '�. 129 E. First Ave. - Shakopee, Minnesota 55379-1376 (612) 445-3650 -;Kai May 17, 1.9 • ' TO ALL INTERESTED CONTRACTORS AND DEVELOPERS : The City of Shakopee is soliciting interest from developers for redevelopment projects in downtown Shakopee. The City ' s goal is to actively work with a dcv l oper( :: ) to ,r:iu,>c this construction of office, retail and multi-family housing developments within the Central Busines District . Background In an effort to initiate development/redevelopment activities in the downtown, the Shakopee City Council appointed an advisory Ad Hoc Downtown Committee in the Spring of 1981. After months of discussion and planning, the Committee formulated a Downtown Concept Plan which provides direction to future downtown develop- ment activities . This Concept Plan was adopted by the City Council in Fall of 1981. The Concept Plan delineates the Central Business District and provides for office , retail and housing developments. Housing projects would consist of higher density developments such as townhouses, condominiums and apartments . Combinations of the various land uses are also encouraged. In an effort to assist a developer(s ) to the greatest extent, the City Council will consider using Tax Increment Financing, Revenue Bonds and other financial assistance mechanisms where appropriate. General_Information - Community and Downtown Area The City of Shakopee is a free-standing growth center located in the Southwest fringe of the Twin Cities Metropolitan area. Shakopee' s 1970 and 1980 population figures of 7,716 and 9,941 respectively , represent an increase of nearly 30 percent for the past decade. The 1981 population estimate of 10, 160 is projected to double during the next 18-20 .years. Because of the geographic location of the City and the availability of large amounts of prime development land for residential , commercial and industrial The Heart of Progress Valley An Equal Opportunity Employer • -2- ld land uses , it is anticipated that Shakopee will experience one of the fastest growth rates within the Metropolitan area. Past development in Shakopee has provided a sound and secure base upon which the future growth of the City can occur. A high quality industrial park, which has already attracted a diverse industrial 'community, contains large acreages of develop- able lana with both highway and rail access. In addition, the community has attracted large-scale recreational facilities , such as the Valley Fair Family Amusement Park and the Renaissance Festival, which draws families from a wide area throughout the Upper Midwest . With its well diversified industrial , recreational, residential and supportive commercial base, the City of Shakopee is in a position to offer significant development opportunities within the Central Business District . The Central Business District is located in the Minnesota River Valley and centered around the intersection of State Trunk Highways 169 and 101. The downtown is bordered on the north by the Minnesota River, which provides a natural amenity for enhancing the redevelopment effort . The combination of high traffic volumes and an aesthetic setting should provide the necessary components to be attractive to certain developments. Shakopee' s downtown offers another incentive to developments ; that is , its proximity to a major market area and major metropolitan facilities. Through either Highways 169 or 101, the Central Business District is only 30 minutes from both downtown Minneapolis and St . Paul, 15-20 minutes from the south and west suburbs and 20 minutes from the International Airport. In addition, Shakopee ' s downtown is capable of serving the smaller cities and rural popula- tion of the south and west portions of the 7-County Metropolitan area. ,• Type and Scope of Development As mentioned previously , projects involving office, retail, housing or a combination of these land uses are being sought . Through the removal of buildings and relocation of tenants , a variety of development sites of varying sizes would be available . The City of Shakopee seeks either small or large scale projects, including phased developments. In summary , all interested developers and contractors are invited to contact John K. Anderson, City Administrator, or myself for additional information regarding Shakopee' s downtown redevelop- ment effort . Our phone number at City Hall is (612)445-3650. • erely, 4 on , te er City Planner DS/j iw Enclosures : Shakopee Location Map Downtown Location Map �.J 1 i . v. i t _I . f • .-.t'• 11' t \ "' "'" - -.----_ i. Eli. \ . /1 � /�.1-� . -.... v \ ' - . . ' . �: � [ 1 —�, �"�Al ,� . r �'-. --_� --r*•, , / ,,Pr i ' ll- '.T,--i---T-.. -7--:.:,,..;;-- - -- ; --.-. . i.::.--.1. : �'\ E Ali7.71_,..•-•,. 1 __ - ,/.►x'41• • - � yj ��. �__` -•y.- - I . '' ‘ ..:.. ',• 11" 1.13AWM r —7 1 1 -4....... ' ir—o4,4.7 \ 't I CC r . .H LTA[41 .1.51L--E-i-__ ..„,........7 \ ' 0 ',1.1 II v .. rii „47.- -.ii5.--H- 1 , u±....ra _,_, cr0 fli : r,' s+ 1it1%11„Do MIs al$ — 7 ; _ . z u") .‘.1q3:04\''' eri.fSA -''' "'-' ii-Er—ri.:7__.: ; ; 1 w w I tit ilAVB , .li,;;‘el.., .. \ rrn 111 . . i . t 3/,:g,pernivin ,,,......... •a; 111 n , - --- - ......,1 u) - .- ,5 A IIMV.i la 116 IN a7r7" F,-..1 . .. , __'-.__ . 'I 1 . 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MINUTES INDUSTRIAL COPM1MMMERCIAL COMMISSION Shakopee , MN April 1 , 1982 Chairman Jim O ' Neill called the meeting to order at 5 : 15 p .m. in the Council Chambers of City of Shakopee , MN Present : John Manahan , Gary Eastlund , Paul Uermerskirchen , Jim O ' Neill , Al Furrie , Jane Dulois . gill Wermerskirchen , Liason Guests : Mayor Reinke City Clerk Judy Cox City Administrator John Anderson John Schmitt Rich Logeois Minutes of the 'larch 10, 1982 meeting were approved by a motion made by John Manahan , seconded by Gary Eastlund and passed. School Committee representative Chairman O ' Neill introduced John Schmittas a representative from a group of concerned parents regarding the status of co—curriculur activities in the Shakopee school system , impact of the quality of the local school system upon the industrial sector and recent school board action which resulted in the setting of a mill levy increase referendum to be held May 4 , 1982 . The mill levy increase will increase the general mill levy by 11 mills and if passed will be matched with a reduction of 6 mills for capital expenditures and bond repayment , netting an increase in levy to schools of five mills . The resulting revenues will replace ;332 , 000 of the 5942 ,000. deficit and be effective for three years . Gary Eastlund stated that the Chamber of Commerce is in support of the school board resolution and referendum. Motion was made by John Manahan, seconded by Gary Eastlund to support the referendum, and passed. Invest in America ' s Cities Mayor Reinke discussed the international conference being promoted by the U .S . Conference of Mayor 's scheduled for 1983. Participation in the conference would expose Shakopee ' s assets for industrial development to int.;rnational companies . Jim O ' Neill questioned the participation of Minnesota cities in past conferences and, after discussion , it was decided to have the city prepare a survey of past participation by Minnesota localities with the results to be brought back to the ICC . � cr page 2 April 10 , 1982 Minutes Standard Developer.' s Agreement Review of the developers agreement currently under revision by the City was undertaken. Discussion included payment method for assessments , should the developer or city be responsible for preparing "as—built" plans , should the mortgagee also sign the developers agreement , pass through of assessments to buyers , etc. John Anderson stated that based on the discussion of this group , staff review and comments from developers , he will be presenting an alternative developers agreement to the City Council next Tuesday. Gary Eastlund requested that John Anderson forward his alternatives to all ICC members prior to presenting them to the City Council and this was agreed upon. Economic Research Council John Anderson explained some information he received which may be of interest to the ICC on behalf of the City. The ICC concensus was that they are not interested in joinging this group. Motion was made by John Manahan , seconded by Paul Wermorskirchen and passed to adjourn the meeting. Next meeting is scheduled for - May 12 , 1992 . Respectfully submitted Glenda D. Spiotta PROCEEDINGS OF THE PLANNING COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA MAY 6, 1982 Chrm. Schmitt called the meeting to order at 7:33 P.M. with Comm. Rockne, Czaja, Koehnen, Stoltzman and Coller present. Comm. Perusich arrived later. Also pre- sent were Don Steger, City Planner and Cncl. Vierling. Because the meeting opened earlier than scheduled, the City Planner went over a couple of informational items. He informed the Commissioners that he had enrolled them as members of the Minnesota Planning Association for a year. He suggested at the end of the year that membership be evaluated to determine its merit. Comm. Coller stated that in the minutes of April 15, 1982 on the first page, 7th paragraph, the maker of the motion should be Coller instead of Colligan. Rockne/Coller moved that the minutes of April 15, 1982 be approved as amended. Motion carried unanimously. Koehnen/Coller moved to accept staff's favorable review of Conditional Use Permit Resolution No. 273, John Gerold, applicant, mobile home as temporary living quar- ters while assisting with the family farming operation in an AG Zone. Motion carried unanimously. PUBLIC HEARING CONTINUATION - LATOUR CONDITIONAL USE PERMIT (PC 82-12C) Coller/Koehnen moved to continue the public hearing on the request for a conditional use permit for a shoe repair shop as a home occupation in a garage. Motion carried unanimously. The City Planner stated that this request was tabled to receive additional informa- tion regarding the requirements necessary to upgrade the garage to "business" standards. He stated the Building Official met the applicant at the site and explained the specific conditions that need to be met to allow this use in his garage. Chrm. Schmitt asked Mr. Latour if he understood the code requirements. He stated they were explained to him by the Building Official and he agreed to upgrade his garage to these specifications. He then asked more specifically about the business sign he wanted displayed and if there were any requirements about where it had to be placed. The City Planner responded that the sign should be limited in size to one two square foot name plate, and that the code does not specify any location. Chrm. Schmitt added it could not be in the boulevard. Chrm. Schmitt read a statement signed by George, Lori Ann, Mark and Richard Flanders, 330 So. 5th, stating as close neighbors, they did not have any objection to Mr. Latour's proposed use of garage. Mr. Latour stated these neighbors are located immediately to the east, closest to the garage. Coller/Stoltzman moved to close the hearing. Motion carried unanimously. Stoltzman/Coller offered Conditional Use Permit Resolution No. 298, to operate a shoe repair service as a home occupation, and moved for its adoption subject to the following conditions: 1 . Any sign shall be limited to one 2-square foot name plate; Shakopee Planning Commission May 6, 1982 Page 2 2. No over-the-counter sales of any merchandise is allowed. 3. No exterior indication of the business is permitted (other than a sign). 4. Any change in the business as proposed will require a new Conditional Use Permit. 5. The Conditional Use Permit be reviewed in six months. Motion carried unanimously. The City Planner informed Mr. Latour of the 7 day appeal period, during which time anyone can appeal the approval of this Conditional Use Permit. If no one appeals this decision, he may apply for a building permit after that 7 day period. Mr. Latour inquired about the recommended six month review, and the City Planner explained the procedure for a staff review. PUBLIC HEARING - LAURENT CONDITIONAL USE PERMIT (PC 82-15C) Coller/Rockne moved to open the public hearing on the request for a Conditional Use Permit to construct a second-story addition for apartment dwellings. Motion carried unanimously. The City Planner explained that the applicants are Gary and Randy Laurent, who intend to add a second-story to their existing building located at the southwest corner of 1st Avenue and Fuller Street, which will be used for three new apartments. The City Planner stated that contrary to what was in the report, the City does not routinely issue parking permits for the Municipal Parking Lots for apartment residents in the downtown area. Issuance of such parking permits was only extended to those buildings in existence at the time the Municipal Lots were installed. Therefore, the applicants will not be providing off-street parking for the tenants of these proposed apartments. However, he pointed out uses in the B-3 Zone are exempt from providing parking stalls. Discussion followed regarding the conse- quences of not providing off-street parking for these tenants. General consensus was that residential parking generally off-sets business parking. The City Planner stated there is usually a greater conflict when there are snow emergencies, etc. He added that in discussing the whole concept of downtown park- ing at the City Council meeting last Tuesday, they referred the non-mandatory parking requirement to the ICC for review and recommendation. He stated that the Planning Commission members will probably be asked for input regarding whether or not they want a change in policy. Czaja/Koehnen moved to close the public hearing. Motion carried unanimously. Rockne/Stoltzman offered Conditional Use Permit Resolution No. 300, allowing for a multiple family structure in a B-3 Zone and moved for its adoption. Motion carried unanimously. The City Planner informed the applicants regarding the 7 day appeal period. Comm. Czaja asked if Shakopee has designated "No Parking" at the bus stops. The City Planner will check on the specific parking policies, especially at designated "Park and Ride" areas. Shakopee Planning Commission May 6, 1982 Page 3 PUBLIC HEARING - SHAKOPEE CODE AMENDMENT REGARDING MOBILE HOMES Stoltzman/Coller moved to open the public hearing to_ amend Shakopee City Code, Sec. 11.05, Subd. 8, entitled, "Mobile Homes". Motion carried unanimously. The City Planner stated the proposed amendment would allow mobile homes on a farmstead for additional five year terms, at the discretion of the Planning Commission. Comm. Perusich arrived at this point, 8:10 P.M. '11!a' City Planner briefly mentioned a new arae haw which wi_i.l be effective August 1st whereby mobile homes may be allowed on any residential lot as long as they meet City Code. However, the law is unclear and needs legislative clarifica- tion so several groups and governmental agencies are now in the process of trying to get this clarified. Bruce Bongards, 616 W. Shakopee asked for clarification of this law. City Planner explained further as to his interpretation or what this law designates. Chrm. Schmitt asked if anyone from the audience wished to comment on this amend- ment to the code. There was no response. Rockne/Coller moved to close the public hearing. Motion carried unanimously. Rockne/Czaja moved to recommend to City Council that the Shakopee City Zode, Zoning Ordinance, Section 11.05, Subd. 8 be amended under Item D to read: "The mobile home may be placed on the property for one 5 year term and reissued for additional 5 year term(s) at the discretion of the Planning Commission. " Motion carried with Comm. Coller opposed and Comm. Perusich abstaining because of not participating in the full discussion. FINAL PLAT OF HAUER'S 2ND ADDITION The City Planner stated the Final Plat of llauer's 2nd Addn. has no major changes over that which was presented as a Preliminary Plat and approved in Ocotber 1981. Staff recommends approval with conditions. Mr. Hauer stated that his attorney advised him that "Trail Easement" is not a legal term to be put on a plat. It was suggested the issue of trail easement be referred to the City's legal counsel for recommendation. Mr. Hauer addressed several concerns regarding specifications for paved walkway and lot line easements, which were explained by the City Planner. Chrm. Schmitt expressed his concern about the walkway being on one lot only. He thought it should be divided between the two adjoining lots to help insure develop- ment. The City Planner advised against that as the other lot is not developed and the City may only get a half of a walkway. Chrm. Schmitt thought the walkway would channel a lot of traffic from young people between two houses, which he didn't think would be advisable. Comm. Perusich stated the purchaser of that lot should just accept that as part of the property, just like owners of corner lots. Further dis- cussion ensued. Comm. Coller questioned why 11th Avenue and Park Ridge Drive were not connecting. Chrm. Schmitt explained that a hearing was held on that issue and both the residents of Park Ridge Drive and others in the area and the City Council agreed they did not want through traffic by connecting those two streets. Shakopee Planning Commission May 6 Page 4 Mr. Hauer stated that within the last six months someone had been conducting a survey of the residents in the area to see if they want Park Ridge Drive opened up, and everyone said no. He asked if that was a City survey, and the City Planner stated not to his knowledge. Mr. Hauer stated that all concerned stated they did not want the streets connecting, and he could not see why it should be gone over again. Comm. Coller mentioned his concern with access for emergency vehicles to Park Ridge Drive, and said he would like the reasons for not connecting the streets reviewed again. Further discussion ensued. Mr. Hauer stated that he already wasted a month in trying to get approval of this Final Plat because City staff told him the wrong deadline for getting his materials in, and he could not see why his plat should be held up again by reviewing an issue that has already been reviewed and resolved. Perusich/Stoltzman moved to approve the Final Plat of Hauer's 2nd Addition, with the following conditions: 1. Approval of a Title Opinion by the City Attorney. 2. Park dedication be in cash, payable at the time of the Building Permit issuance, with any unpaid amounts due by January 1, 1993. The City Attorney shall deter- mine the amount of cash which is applicable to this subdivision. 3. The railroad trestle be removed prior to recording the plat. 4. Execution of a Developer's Agreement for the construction of the required improvements: a. Street lighting be installed in accordance with the requirements of the Shakopee Public Utilities Commission; b. The water system be installed in accordance with the requirement of the Shakopee Public Utilities Commission. In addition, if the two existing water service "stubs" to the plat do not match the planned lots, they must be removed; c. Sanitary and storm water sewer systems be installed in accordance with the requirements of the City Engineer; d. Street improvements be made in accordance with the requirements of City Engineer. Curb and gutter must be installed throughout Austin Court, in addition to Austin Street; e. Street signing, if needed, be installed in accordance with City regulations; f. A paved walkway, linking 11th Ave. and Park Ridge Drive, be provided along the north property line of Lot 1. 5. The easement along the southern portion of Lots 4 and 5 be retitled "utility, drainage and trail easement. The wording regarding "trail" is subject to inter- pretation of the City legal counsel. 6. An easement be included on the hardshells to accommodate a drainage swale across Lots 1, 2 and 3. This easement shall be approved by the City Engineer prior to recording the subdivision. 7. The signature block must be changed to conform to the City Code. 8. No land disturbing activities shall occur within the southern-most utility and drainage easement on Lots 4 and 5, unless approved by the City Engineer. 9. The five foot drainage and utility easements along the side property lines must be increased to 10 feet. Coller/Koehnen moved to table the motion to approve the Final Plat of Hauer' s 2nd Addition pending further research into connecting 11th Ave. and Park Ridge Drive. Roll Call: Ayes: Coller, Koehnen Noes: Perusich, Stoltzman, Czaja, Rockne, Schmitt Motion failed Shakopee Planning Commission -5- May 6, 1982 Upon question from the Chair, shall the motion to approve the Final Plat of Hauer's 2nd Addition, subject to above-referenced conditions, now carry? Roll Call: Ayes: Rockne, Perusich, Stoltzman Noes: Koehnen, Czaja, Coller Abstain: Schmitt (due to his concern with walkway requirements) Motion failed Coller/Czaja moved to table approval of the Final Plat of Hauer's 2nd Addition and direct staff to: a) thoroughly research an access between 11th Ave. & Park Ridge Drive; b) research the City Council' s position regarding its previous decision to eliminate a roadway between the two streets; c) direct legal research into the trail easement issue. Mr. Hauer stated the issue of the connecting roadway should be dropped right now. He stated no one wants to open up that street; no one wants to pay for it; it was already voted on. Further discussion ensued. Motion carried with Comm. Perusich and Stoltzman voting "no". Chrm. Schmitt gave direction to have staff, or Cncl. Vierling as liaison, up this issue of connecting streets as a discussion item at the next City Council meeting. Mr. Hauer commented that 11th Avenue is not even relevent to his plat; it is all to the south of it. Even if you want that investigated, it shouldn't hold up his plat. The City Planner stated the assumption of connecting these two streets with- out disturbing this plat should not be made without an Engineer's expertise. DISCUSSION: RESIDENTIAL LOT SIZE REQUIREMENTS The City Planner stated that through a lack of communication, the ICC requested the City Council to investigate the possibility of reducing residential lot sizes. The City Council referred the item to the Planning Commission. The City Planner stated he does not feel Shakopee's requirements are excessively high. Gary Eastlund, of the ICC, stated that the City Admr. and the City Engineer brought a report prepared by Met Council regarding lot sizes to an ICC meeting and wanted it discussed. He suggested the item be tabled to get their input. Coller/Stoltzman moved to table discussion of residential lot size requirements, pending further discussion. from the ICC. Motion carried unanimously. INFORMATIONAL ITEMS The City Planner stated there will be soon a request by St. Francis Hospital to vacate a street, and this request could be considered along with the parking lot item. Colter/Czaja moved to table annual review of Conditional Use Permit Resolution No. 275, which granted St. Francis a parking lot in an R-2 Zone. Motion carried unanimously. The City Planner informed the Commissioners that the City Council decided not to issue a moratorium on building permits for property not abutting public roadways. This decision was based on the ramifications for the City regarding Dean's Lake Road. However, language revisions are under consideration by the City Attorney on this subject. The City Planner asked for a consensus regarding a requirement to have parking spaces hard-surfaced. Considerable discussion ensued, with the general consensus being not in favor because of the cost involved, which would increase housing costs. Comm. Czaja suggested as a compromise requiring an apron which is hard-surfaced on parking areas that abut hard-surfaced streets. The City Planner stated he would Shakopee Planning Commission May 6, 1982 Page 6 inform the City Engineer of the discussion and ask him if he would like to pursue the matter. The City Planner showed a sketch illustrating the establishment of a Tax Increment District and Redevelopment District in the downtown area. He stated the City has to move quickly to capture funds for the establishment of these districts before the time allowances change to be able to include the 1st National Bank pro- ject. The districts would encompass the 1st National Bank, Moonen building and Laurent building, and may enable the City to receive funds to re-do the parking lot on Second Avenue and do some street-scape along Holmes. The City Planner showed a sketch of a proposed street-scape along Holmes Street which would entail narrowing the street and putting in plantings. General dis- cussion followed centering on the idea that the concept is nice to make the entrance to Shakopee more attactive, but it was generally thought there was too much traffic in that area on Holmes to be able to narrow the street at all. Con- siderable discussion ensued. It was decided that Comm. Stoltzman could take the concerns and ideas of the Planning Commission members to the Downtown Committee. There was additional discussion regarding expanding the Redevelopment District from downtown to the area around the Courthouse and St. Francis Hospital, so that in the future a separate Redevelopment District would not have to be established. The City Planner announced that he is taking a 90 day leave of absence, effective June 1, 1982, to deal with a health problem. He reported this was approved by the City Council and staff is working on alternatives for staffing during this period. Comm. Coller asked the City Planner to check on the value of the units being built by Dick Wiggin, as he thought the value was too low as represented on the building permit. Comm. Stoltzman asked staff to check with someone to get the big dip on 12th Ave. in front of Wiggin's construction not far from Kmart taken care of. Cncl. Vierling reported the City Attorney is in correspondence with the owner's attorney to try to get Shakopee Sand & Gravel property cleaned up. Comm. Koehnen reported she attended a meeting regarding the Joint Legislative Com- mission on Metro Governance and asked if the Planning Commission had any concerns or complaints regarding how the Comp Plan was handled by Met Council. Discussion followed. It was suggested the Planning Commission support the position of the City Council. Chrm. Schmitt suggested the City Admr. look at the original challenge letter sent by the Met Council regarding the Comp Plan to see if all that was asked and required was within their jurisdiction. Comm. Czaja inquired about the Shiely Operation. The City Planner stated the City Attorney indicated that in order for Shiely to expand its operation it would have to come to the City to request a permit, and this would come before the Planning Commission. Perusich/Czaja moved to adjourn. Motion carried unanimously. Meeting adjourned at 10:55 P.M. Don Steger City Planner Diane S. Beuch Recording Secretary :,;?/4 TENTATIVE AGENDA Shakopee Planning Commission Regular Session Shakopee, Minnesota June 3 , 1982 Chrmn. Schmitt presiding 1) Roll Call at 7 : 50 P .M. 2) Approval of May 6 , 1982 Meeting Minutes. 3) 7 : 50 P .M. PUBLIC HEARING CONTINUED : Request for a Conditional Use Permit to occupy a mobile home as temporary living quarters while assisting in the family farming operation in an AG Zone. (PC 82-6C) . Applicant : Roger Whipps , Route 1, Box 333 Action : Move to continue the public hearing from April 15th; and Approve/Deny Conditional Use Permit Res . No. 296 4 ) Final Plat of Hauer' s 2nd Addition, plat lying E. of Austin St . , W. of Hauer' s 1st Addition & So. of 11th Avenue. (PC 82-14P) . Developer: Gene Hauer, 2088 Hauer Trail Action : Recommendation to City Council 5) 8 : 00 P .M. PUBLIC HEARING: Request for a Conditional Use Permit to construct a structure which exceeds the height limitation of 45 ' in an I-2 Zone. (PC 82-17C) . Applicant : Owens-Illinois , 3900 St . Hwy. 101 Action: Approve/Deny Conditional Use Permit Res . No. 302 6 ) 8 : 05 P.M. PUBLIC HEARING: Request for a Conditional Use Permit to move in a house with attached garage in an R-1 Zone. (PC 82-180) . Applicant : Gordon & Lavon Grannes , 2301 E. 362 St . , Mpls . 55406 Action: Approve/Deny Conditional Use Permit Res . No. 303 7) 8 : 15 P.M. PUBLIC HEARING : Amendment to Shakopee City Code, Section 11. 05 , Subd. 9, "Moving of Structures" . Applicant : City of Shakopee Action : Recommendation to City Council TENTATIVE AGENDA June 1 , 1982 Page -2- k] Urban Corp Work-Study Agreement 1 ] Reacquisition and Sale of Shakopee Old Wastewater Treatment Plant m] Firemen' s Fitness Program (bring item 9g of May 4th agenda) 11] Consent Business: None 12] Other Business : a] 1983 Budget Schedule (bring 12a of May 18th agenda) b] Sewer Fund Position (bring 12b of May 18th agenda) c] d] e] 13] Adjourn to Tuesday, June 8th at 7 :00 P.M. for Board of Equalization John K. Anderson City Administrator 1 TENTATIVE AGENDA Housing and Redevelopment Authority in and for the City of Shakopee Shakopee , Minnesota Regular Session June 1 , 1982 Chairman Leroux presiding 1 . Roll Call at 7 : 00 P.M. 2 . Approval of Minutes of April 6 , 1982 3 . Correspondence : League of Minnesota Cities Action Alert Small Cities CDBG Program Regulations 4. Authorize Execution of Easement , Macey Second Addition 5 . Other business 6 . Adjourn Jeanne Andre Executive Director PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY REGULAR SESSION SHAKOPTE, MINNESOTA APRIL 6, 1982 Chrm. Leroux called the meeting to order at 7:05 P.M. with Comm. Vierling, Lebens, Wampach and Colligan present. Also present were Jeanne Andre, HRA Director; John K. Anderson, City Admr. and Judith S. Cox, City Clerk. Colligan/Lebens moved to approve the minutes of March 23, 1982 as kept. Motion carried unanimously. Lebens/Vierling moved 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. Motion carried with Cncl. Colligan opposed. The HRA Director stated that Goodwin Builders has provided the HRA with increased letter of credit as requested, and a final buyer was approved, and they are just waiting for the weather to improve to begin construction on this part of the Fourth and Minn. Neighborhood Revitalization Project. Chrm. Leroux stated that the Ad Hoc Downtown Redevelopment Committee may request the establishment of a Downtown Redevelopment District at some point in the future. Discussion followed. Colligan/Lebens moved to adjourn. Motion carried unanimously. Meeting adjourned at 7:15 P.M. Jeanne Andre HRA Director Diane S. Beuch Recording Secretary . , . . . . . . • .. . • 1 =7,11) = �Itl 1 vt.,=== ien IIIIE league of minnesota cities MAY 2 81982 3 CiT1f' OF SHAKOPEE. May 2o, 1982 TO: Mayors , Clerks/Administrators Community Development Directors FROM: Donald A. Slater, Executive Director Jan Roe, CDBG Project Director RE: Small Cities CDBG Program Regulations As you know, the Small Cities CDBG program has undergone major changes in the past year. Beginning in 1982, states have the option to administer the program in place of the HUD Area Offices. After significant delays due to conflicts between HUD, OMB and Congress , regulations for the state-administered CDBG program were issued in March which allowed states to begin the grant application process. In Minnesota, the Department of Energy, Planning and Development chose not to administer the FY82 program due to the extensive state rule-making process required, but plan to administer the FY83 program. Minnesota is one of approximately 15 states which did not opt for administration of the FY82 program, in which case the HUD Area Office continues to have responsibility for FY82 program administration. However, regulations for the HUD-administered CDBG program have not yet been issued, so the HUD Area Office can not begin the FY82 application process. Due to these circumstances the grant cycle has been significantly delayed and grants may not be awarded until late this fall . For Minnesota cities whose CDBG programs include public facilities, housing rehab or other outdoor construc- tion activities , they will likely have to postpone such activities until the spring of 1983 which may result in higher costs and scheduling difficulties. Most if not all of Minnesota 's 1982 construction season may be forfeited if the regulations are not issued in the very immediate future. Another unfortunate result of the delays is that the staff capacity developed over several years in many cities may be lost if CDBG grants are not awarded very soon. Positions being funded through the CDBG program may have to be terminated and perhaps reinstated when the funds are finally available. As you know, such disruptions in staff capacity have extremely negative effects on the overall administration of CDBG programs. (OVER) 300 hanover building, 480 cedar stre saint paul, minnesota : 51 O1 161 2] 222-2861 -2- It is the League staff's understanding that the regulations are currently being held in the office of HUD's General Counsel . In view of the need for Minnesota cities to receive the grant awards as soon as possible, we encourage local officials and administrators to contact the U.S. Senators and Representatives immediately to urge that they put pressure directly on the HUD General Counsel to issue the regulations so the HUD-administered Small Cities CDBG program can proceed without further delay. The major point to be emphasized is the importance of the CDBG program to Minnesota cities; and the importance of utilizing this year's construction season and maintaining staff capacity. Specific difficulties which your city is encountering due to the delays should also be emphasized. Your participation is essential if this issue is to be resolved. Please feel free to contact the League office if you desire further information on the current status of the FY82 and/or FY83 CDBG programs. The Senators and Representatives can be contacted at the following addresses: Senator Dave Durenberger Senator Rudy Boschwitz 550 E. Butler Square 210 Bremer Arcade Bldg. 100 6th Street North 419 Robert Street North Minneapolis, MN 55403 St. Paul , MN 55101 (612) 725-6111 (612) 221-0904 353 Russell Senate Office Bldg. 2107 Dirksen Senate Office Bldg. Washington, DC 20510 Washington, DC 20510 (202) 224-3244 (202) 224-5641 1st District--Arlen Erdahi 2nd District--Tom Haggedorn 1518 Longworth Office Bldg. 2344 Rayburn Office Bldg. Washington, D.C. 20515 Washington, D.C. 20515 (202) 225-2271 (202) 225-2472 3rd District--Bill Frenzel 4th District--Bruce Vento 1026 Longworth Office Bldg. 230 Cannon Office Bldg. Washington, D.C. 20515 Washington, D.C. 20515 (202) 225-2871 (202) 225-6631 5th District--Martin Sabo 6th District--Vin Weber 426 Cannon Office Bldg. 514 Cannon Office Bldg. Washington, D.C. 20515 Washington, D.C. 20515 (202) 225-4755 (202) 225-2331 7th District--Arlan Stangeland 8th District--James L. Oberstar 1519 Longworth Office Bldg. 2351 Rayburn Office Bldg. Washington, D.C. 20515 Washington, D.C. 20515 (202) 225-2165 (202) 225-6211 DS:UR:rmm 2:7/ MEMO TO: Shakopee Housing and Redevelopment Authority (HRA) Commissioners FROM: Jeanne Andre , Executive Director RE: Expanded Utility Easement in Outlot A, Macey Second Addition DATE: May 26 , 1982 Introduction The Shakopee Housing and Redevelopment Authority is asked to grant an expanded utility easement to the City of Shakopee in Outlot A, Macey Second Addition, beyond what exists in the recorded plat . Background The HRA has already agreed in principal to grant an easement as outlined in the attached document prepared by the City Attorney. Shakopee Public Utilities ( SPUC) requested this expanded ease- ment to match the 20 . 5 foot easement on Lot 3 , Block 3 , Macey Second Addition granted for the electrical services already exist- ing on these parcels . The attached map demonstrates the location of the expanded easement . SPUC requested the easement at this time due to a City policy which allows construction on outlots without a replatting procedure . Alternatives 1 . Grant the easement . 2 . Do no grant the easement . Recommended Action Authorize appropriate officials to execute an easement to the City of Shakopee for utilities , drainage and other public purposes over and across the northerly 5 . 5 feet immediately adjacent to and southerly of an existing 15 foot drainage and utility easement over and across Outlot A of Macey Second Addition, Scott County, Minnesota. JA/jms I � 4 11:11,1' ' `{if { I t/ I II f :1"1I. vv '- Ill �/r / 1 ll ....._-- ' ,. - 2.,„ c•. ' ' 7nRafe/ ACCOPtA aitoei h*Pi• . -- 241-; i _ G — -; 1,44 ., ''', '.'.''.,' ,:foor7 '''; \.,1 1'C , ; yj 1'.1' • , 1 . • 1 v01 1 Ex n ' 1 1 1'•i ', k'.i. 1 -� ,,. — _,.1 . . \ .1 j � i 1' j .—�^' ,,, 6 418.7.ell , . • ( f/i/J N e 0 GRANT OF EASEMENT ------------------ This Easement made and entered into this _---- day of 1982, by The Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota, a corporation situated in Scott County, Minnesota, party of the first part to the City of Shakopee, a municipal corporation in Scott County, Minnesota party of the second part: In consideration of One Dollar ($1.00) and other good and valuable consideration in hand paid by the party of the second part, the receipt and sufficiency of which the party of the first part does hereby acknowledge, said party of the first part does hereby grant, convey and sell to the party of the second part, its successors - and assigns, an easement for utility, drainage and other public purposes over and across the northerly 5.5 feet immediately adjacent to and southerly of an existing 15 foot drainage and utility easement over and across Outlot A of Macey Second Addition, Scott County, Minnesota, together with the right to construct, install, maintain, repair, use, enlarge, modify and service any installation for utilities, drainage and other public purposes herein described. IN TESTIMONY WHEREOF, the party of the first part has caused these presents to be executed in its corporate name by its Chairman and its Secretary the day and year first above written. THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA By Its Chairman— `-- -- --��- By ---- Its. Secretary � �-----'--+` STATE OF MINNESOTA) ) ss COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of --- ----_—' 1.982 by and of The Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota, a corporation situated in Scott County, Minnesota, onbehalf of the corporation and said corporation does not have a seal. Notary Public This instrument was drafted by Julius A. Coller, II 211 West First Avenue Shakopee, Minnesota 55379 !1'1:11] MEMO TO: Shakopee Housing and Redevelopment Authority Commissioners FROM: Jeanne Andre , Executive Director RE: Information Items DATE: May 26 , 1982 The following items are presented for your information. 1 . The Community Development Block Grant for the Fourth and Minne- sota Neighborhood Revitalization Project has been successfully closed out . The attached "Certificate of Completion" gives the final dollar breakdown of grant expenditures . 2 . A survey of neighborhood residents was recently undertaken along Second Avenue as background for a possible fiscal year 1982 Small Cities Community Development Block Grant . Less than half of the surveys have been returned - a summary of findings will be pro- vided when all questionnaires are received. The federal govern- ment has not yet published the new regulations for HUD - adminis- tered small cities grants . The grant cycle cannot begin until these regulations are published, and should be open for approxi- mately 90-120 days following the publication. The State of Minne- sota plans to undertake the small cities block grant program in fiscal year 1983 , and has started the rule-making process to allow them to take on the program. 3 . The attached letter from the State of Minnesota Department of Revenue outlines repercussions of state revenue problems for the Shakopee HRA. The specific dollar impact will be presented with the budget discussion. JA/jms � — Form Approved "" u-s. DEPARTMENT oFHOUSING AND URBAN DEVELOPMENT A. NAME orRECIPIENT oma No.ssn'`ao COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ' / . B. APPLICATION/GRANT ^nnscwswrwuwocn CERTIFICATE OF COMPLETION � C. FINAL STATEMENT OF COST TO BE TO RE COMPLETED BY RECIPIENT COMPLETED oY *uo PROGRAM ACTIVITY CATEGORIES PAID UNPAID TOTAL COSTS APPROVED COSTS COSTS (Col. b.+ c.) TOTAL COSTS (a) (b) (c) (d) (e) C-1 Acquisition f Real Property c ---------- --'—'--------' " Improvements C-3 Code Enforcement C-4 Clearance Demolition Rehabilitation ---- ! C-5 _Rehobilitation Loans and Grants C-6 Special Projects for Elderly and Handicapped C-7 Payments for Loss of Rental Income C-8 Disposition of Real Property C-9 Provision of Public Services C-10 Panent of Non-Federal Shores C-11 Completion of Urban Renewal/NDP Projects C-12 Relocation Payments and Assistance C-13 Planning and Management Development C-14 Administration ----C-15 — {-lf Continuation of MoJe/ Cities ------ it -------------------- ------ --- ' --- ies C-l6 Total Program Cost (Lines C'/ thru C-/5) -- ' C-17 Less: Provom Income Applied to P — —�------- ------' — C-18 Equals: Grant Amount Applied to Program Costs ---' ----- --- ----- ' D. COMPUTATION OF GRANT BALANCE TO BE TO BE COMPLETED BY COMPLETED RECIPIENT BY HUD DESCRIPTION AMOUNT APPROVED AMOUNT ("} (b) (c) D-1 Grant Amount Applied to Program Costs!xom Lin, ;a/ D-2 Estimated Amount for Unsettled Third-Party Claims -- ---- D^3 Sv6mtn| ^ — -------- — ------ D-4 Grant Amount per Grant Agreement(s) D-5 Unutilized Grant to 6nCancelled (Lute D-1 minus D-3) D-6 Grant Funds Received ---' — -- D-7 Balance of Grant Payable(Line /+; */""^ //-m* ---- / *//Line D'hexceeds Line D-3, enter the amount o/ the excess on Line D-7 as a negative amount. This amount shall , 6orepaid x^ HUD 6rcheck. E. uwpmocoorSmvouwssrrLsor*/no'pAnr, cLx/ws LIST ANY UNPAID COSTS AND UNSETTLED THIRD-PARTY CLAIMS AGAINST THE RECIPIENT'S GRANT. ossce/oe CIRCUMSTANCES AND AMO UN TS IN VOL V ED. . • [_]'CHECK /p CONTINUED ON ADDITIONAL SHEET AND ATTACH. Page 1 of 2 pages HuD-4011 (2-77) • —� � . - of TH4 • y1,{7 RECEIVED Lh ZNN E� MAY 2 61982 STATE OF MINNESOTA DEPARTMENT OF REVENUE CITY OF SHAKOPEE CENTENNIAL OFFICE BUILDING SAINT PAUL, MINNESOTA 55145 • PHONE (612) 296-2246 • May 25, 1982 TO: ALL SPECIAL TAXING DISTRICTS This letter 1 ) announces a cut in the total dollar amount of the homestead credit which will be paid to all Special Taxing Districts for 1982; 2) reviews the method for estimating the levy limit amount for Special Taxing Districts for property tax payable in 1983; and 3) explains how the homestead credit will be applied to each homeowner's property tax bill for property tax payable in 1983. In its regular 1982 session, the legislature passed a law which requires the Department of Revenue to reduce by $2 million the total dollar amount of the homestead credit payment we will make to all Special Taxing Districts for the year 1982. As a result of this law, we estimate that the total dollar amount of the homestead credit payment which each individual Special Taxing District in the state will be receiving for 1982 will be approximately sixteen percent less than the amount each Special Taxing District would have received if the reduction had not been required. Your Special Taxing District and all other Special Taxing Districts will receive payment of the 1982 homestead credit according to the usual schedule--six monthly payments beginning July 15, and ending December 15. However, we will not be able to determine the exact dollar amount which will be cut from each Special Taxing District's total homestead credit payment for 1982 until we prepare the checks for the September 15th payment. The estimated sixteen percent reduction in the total dollar amount of each Special Taxing District's homestead credit payment for 1982 will be made by reducing the dollar amount of each of the last four monthly payments--beginning with the September 15th payment. Except for this reduction in the amount of the homestead credit payment to Special Taxing Districts, the legislature has taken no action to reduce the amounts of any other aids and credits the Department of Revenue will pay to Special Taxing Districts for 1982. However, you may wish to keep in mind that there is a possibility--only a small possibility, we believe--that the dollar amounts of any or all of the aid and credit payments you will receive from the Department of Revenue this year may be reduced for a different reason. (Over) AN EQUAL OPPORTUNITY EMPLOYER You will recall that state law provides that if the total statewide cost of any of these aid and credit programs is greater than the amount appropriated for the program by the legislature, the dollar amount of the payment for the aid or credit which is made to each unit of local government by the Department of Revenue must be reduced. If it turns out that such reductions are necessary this year, the full amount of the reduction will be made by reducing only the December 15th payment for the -aid or credit. We will not be making reductions--if any--in your earlier payments because we will not be able to determine the total statewide cost of these programs until November. The second topic of this letter is your levy limit amount. The levy limit amount for your Special Taxing District--the exact dollar amount of property tax your Special Taxing District will be permitted to collect for 1983, except for special levies--will be mailed to you in early August by the Department of Revenue. You will receive a letter from the Department of Revenue showing your levy limit amount. The method for determining each Special Taxing District's levy limit amount for the property tax payable in 1983 is slightly different than the method used for 1982. For 1982 Special Taxing Districts had the choice of levying the amount required to pay the principal and interest on bonded indebtedness either by means of a special levy or by including it as part of the general levy. For 1983, however, the amount required to pay the principal and interest on bonded indebtedness can be levied only as a special levy. Accordingly, you can estimate your Special Taxing District' s levy limit amount for property tax payable in 1983 by following these steps: From the total dollar amount of property tax your Special Taxing District levied for 1982, subtract the total dollar amount of all special levies. Also, subtract any amount you may have levied to pay the principal and interest on'bonded indebtedness if you did not levy the amount as a special levy. Increase the resulting amount by a percentage equal to the percentage increase in the number of homesteads in your Special Taxing District as listed by the county auditor on the abstract of tax lists for 1982 as compared to the number of homesteads listed on the abstract of tax lists for 1981 . Increase the resulting amount by eight percent. The third topic of this letter requires no action by your Special Taxing District, but may be of general interest to you. For property tax payable in 1982, a state law was in effect which provided that if the total amount of property tax collected by a Special Taxing District for 1982 was more than eight percent over the amount collected by the Special Taxing District for 1981 , the state would apply the homestead credit only to a part--not all--of each homeowner's property -2- tax bill . The remaining portion of the homeowner's property tax bill had to be paid fully by the homeowner--without the help of any contribution from the state. This law expires with the end of the 1982 property tax year. For property tax payable in 1983--regardless of the percentage by which a Special Taxing District increases the amount of property tax it will collect--the state will apply the homestead credit to each homeowner's entire property tax bill. Each homeowner of the Special Taxing District will have his or her property tax bill reduced by a contribution from the state of 58 percent (up to a maximum credit amount of $650) of the entire property tax bill . If you have any questions, please write me at the Local Government Aids and Analysis Division, Department of Revenue, Centennial Office Building, St. Paul , Minnesota 55145, or telephone me at (612) 296-2246. Very truly yours, Jai a.c5‘. (� . '\3c,S1&. WALLACE 0. DAHL, Director Local Government Aids and Analysis Division WOD:DJE:dlw -3- 3 —____— OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA MAY 18, 1982 Mayor Reinke called the meeting to order at 8:00 P.M. with Cncl. Wampach, Lebens and Vierling present.' Cncl. Colligan arrived later, and Cncl. Leroux was absent. Also present were Julius A. Coller, City Attorney; H. R. Spurrier, City Engineer; John K. Anderson, City Admr. and Jeanne Andre, Admin. Ass't. Lebens/Vierling moved to approve the minutes of April 26, April 27 and May 4, 1982 as kept. Motion carried unanimously. The City Admr. stated the City does not plan to make any changes in the insurance package regarding the Utilities Commission. Duane Marschall, 300 Jackson Park, which is West 6th Street, stated he would like to add a garage addition to his house. His problem is with a sanitary sewer which runs through the property. There is no other way to position the garage but to place it over the sewer line and on the easement. He distributed plans to Council. The City Engineer stated he is aware of the proposal, but hasn't seen any survey that physically locates the pipe with respect to the proposed structure, other than some measurements the City took that indicate that any addition of a garage would undoubtedly be built over the sewer. The City Engineer indicated there is no way the City could ever reconstruct that line in a reasonable fashion. The City would have to go to some expense in locating the sewer around the structure, or removing the structure. This is a very deep line, so it may be less prone to problems, but it still could happen. The City Engineer stated the most dangerous consideration about this application is the setting of a precedent of building over utility easements. He stated that because the line is so deep there, the farther structures are from the pipe the better, as they would have to open a very big trench for any re-construction. Mr. Marschall stated the pipe is buried 21 feet down and is 4 foot in diameter; it is his opinion the likelihood of problems is nil. He stated he would take full responsibility for moving the garage if the pipe had to be worked upon. He also stated he would transfer this responsibility to the next owner, if there should be one. He does not now have any intention of selling the property. The City Engineer responded the manhole is 4 foot in diameter, but he thought the pipe was 9"-10". He is still concerned about the precedent this would set. He stated there are not that many other properties that have this sane situation, but there are similar situations; this is not unique. He stated another concern is the amount of time necessary to clear the way to repair the line. This pipe serves most of the new construction in the west of Shakopee. And if there is a multipli- city of these situations, a lot of time could be lost in repairs. Vierling/Wampach moved to direct staff to research the legal implications and ramifications of setting a precedent and briefly determine how many other situations are similar to this in the City. The City Attorney stated the legal complications are that it is the usual procedure to not place anything of a permanent nature over an easement. If an agreement is entered into prior to the erection of a permanent structure that would provide for the owner to remove the structure in the event it becomes necessary to get down to the easement immediately upon notice, at his own expense, and this was agreed to between the owner and the City and so worded that it would bind the owner, his heirs and assigns, and placed on record in the Courthouse so anyone buying the pro- perty was aware that this is an encumbrance on the property, this could take care of the legal problem. He stated this does not address the engineering concerns. Motion carried unanimously. Walter Harbeck stated he lives next door to Mr. Marschall, and he stated he doesn't put much credence in the argument of loss of time to make repairs to the pipe, be- cause before Mr. Marshall's request the City didn't even know where that line was located. He also stated the pipe was 4 foot, because he was around when it was put in. As a property owner in the area, he didn't see any big concern. He stated the City already has a precedent of building cement slabs over easements. He does not think it is precedent-setting, he thinks it is a concession to a man trying to use his property to the best advantage. Dennis Hron stated he is aware of the proposed plan by Mr. Marschall, and wanted the Council to be aware this garage is a separate, free-standing building, so it • Shakopee City Council ' May 18, 1982 Page 2 can easily be removed if necessary. He stated this was not uncommon in the past to put in structures that encroached on easements, and in the County this was entered on the titles of property. He stated he is speaking in favor of Mr. Marschall's proposal. John Goihl went over several items in the financial report of the Shakopee Hockey Assoc. Cncl. Colligan arrived at this point, 8:30 P.M. Mr. Goihl stated that people in Prior Lake and Chaska want to maintain this area concept of ice. He stated that some of the people and schools in the area would like to contribute towards the expenses of the Bubble, but they are reluctant to do so if the City will be completely taking it over so that they will lose any controls. He suggested some negotiating could be done regarding that aspect. He stated the insurance liability is by far their largest expense. He added the next major expense will be a new bubble, Lebens/Vierling moved to receive the financial report of the Shakopee Hockey Assoc. and place it on file. Motion carried with Cncl. Colligan abstaining. Mrs. Beagstrom, 409 Clay Street, explained to Council the problem she has with water freezing in the street in front of her house. Discussion followed. Lebens/Wampach moved to direct staff to verify the facts creating the problem for Mrs. Beagstrom, and come back to Council, with a recommendation. Motion carried unanimously. Mr. Topic made a request to have the City apply dust control measures to 11th Ave. , from Spencer to Main. He stated that road is so bad, he is not even sure if there is supposed to be a road there. He stated that no one who lives along there parks in front, because the road is so bad. He asked if the City would like to close the street. The City Admr. stated that staff only addressed the dust control request, and he didn't know if the residents in the area had ever considered improvements to the street. Mr. Topic inquired if the residents themselves could do anything if the City does not approve applying dust control measures. The City Engineer stated that some people do provide their own dust control. The principle problem with this is often they use an unacceptable material, like oil, which ruins the structure of the base. If calcium chloride is used, this would be acceptable. Discussion followed, with the City Admr. remarking that this could be a viable alternative for the City providing services; if certain residents wanted additional services, they could pay for them. Colligan/Vierling moved to reject the request of dust treatment for 11th Avenue, but if the residents in the area would like to do something themselves for dust control, they should work that out with the City. Motion carried unanimously. Liaison reports were received from Councilmembers. Mayor Reinke asked if there was anyone present in the audience who wished to address the Council on any item that is not on the agenda. Dick Briemhorst, 528 West 3rd, explained that his property is Lot 9, Block 4, right behind the County garage. He wanted to know what the City planned to do for 3rd Avenue. He stated there is water standing in the street, and there is no drain there at all. He said the alley is the same problem. A member of the Engineering Dept. explained that he visited the site one-two weeks ago, and Mr. Briemhorst wanted to know when the City is going to do some major re-construction work on 3rd Ave. The City Engineer explained the City is now rating all the streets by condition, with the worst streets on the top of the list for reconstructive measures. He stated this rating will be completed in about a month, at which time he will be able to see where 3rd Ave. falls in relation to other streets. If it is a minor problem, it can be handled by maintenance, but if it needs major repair, it will have to find its place on the Capital Improvement Plan. Shakopee City Council ' May 18, 1982 Page 3 Mr. Briemhorst stated he thought part of the reason the street is in bad shape is because the load limits were not enforced. Colligan/Vierling moved to direct staff to check on the problem, notify Mr. Briemhorst and report back to City Council. Mr. Briemhorst asked about the problem in the alley, and the City Engineer res- ponded that alleys have a very low priority right now. Dennis Hron stated he thinks Mr. Briemhorst has two concerns: one being the prob- lem of water in the street right now; and the other to have the street improved at some future date. Motion carried unanimously. Colligan/Vierling moved to open the public hearing on the proposed amendments to the 1982 Revenue Sharing Fund Budget. Motion carried unanimously. The City Admr. briefly reviewed the changes from the original budget. He explained that the Shakopee Avenue drainage problem is being taken care of by the City from another fund, not from the Revenue Sharing Fund. Mayor Reinke asked for comments from the audience. There were none. Colligan/Lebens moved to close the public hearing. Motiai carried unanimously. Colligan/Wampach offered Resolution No. 2006, A Resolution Amending the 1982 Budget, and moved its adoption. Roll Call: Ayes; Vierling, Wampach, Colligan, Reinke Noes; Lebens Motion carried. Colligan/Lebens moved to open the public hearing on the proposed improvements to Levee Drive from Scott to Atwood and Lewis to Sommerville. Motion carried unanimously. The City Engineer stated he had prepared a Feasibility Report as ordered by the Council.for this improvement. The purpose of the improvement was to connect the semaphore at Scott Street with the existing Levee Drive at the Elderly Highrise, and to complete that part of Levee Drive that was begun several years ago. The City Engineer stated that the report pointed out that this project, if funded entirely by adjacent property, is not feasible, based on conversations with the City Building Official, who stated there is not sufficient activity to certify that the properties adjacent to this improvement are benefited in an amount equal to the assessments. Therefore, the report states that some other combination of funding is needed to make the project feasible. The City Engineer stated that one alternative is Tax Increment Funding. The City has cleared the way for Tax Increment Funding (TIF) in the westerly segment, which links the highrise to a semaphore on the west side. There is no such funding for the easterly side. The cost for the westerly project is estimated at $62,740 and $34,900 for the easterly project. He then gave the estimated assessment figures for the adjacent properties. He stated these assessment figures are estimates, and do not reflect the actual final costs which will only be established at the assess- ment hearing when the costs are final and the precise formula for assessments is adopted by Council. Jim Groth stated he represented Northern States Lumber, and said he cannot feel their lots in the area could represent that kind of a bill. He thought it looks like it is a private drive-way for the highrise. He doesn't think Levee Drive is used that much. A daughter of Mrs. Art Pass asked what the long range plans are for this area, and questioned the activity of Levee Drive. The City Engineer explained the legal test that a property must increase in value equal to the amount of the assessment for the improvement. Mayor Reinke stated this was just one stage of improving the downtown area to keep business downtown. The City Admr. stated the Ad Hoc Downtown Committee has a con- cept plan that has been endorsed by the City Council, Planning Commission and In- dustrial/Commercial Commission which outlines what they want to see happen in down- town Shakopee. He further explained the impact this would have on Levee Drive. Jim Groth stated he can't see putting all that burden of re-development on 4 pro- perties which will not benefit that much. • Shakopee City Council May 18, 1982 Page 4 The City Admr. stated that if TIF is used, the assessments for the property owners will be a lot less. Jim Groth stated that depending on the numbers, he may not speak against the project at that point. Chuck Pass asked when this will take place, and if there is still a possibility it will not go through. He was answered it still may not go through. The City Engineer stated the schedule the City is looking at is that the improvements be completed by November or December in order to take advantage of TIF. The daughter of Mrs. Art Pass asked what type of dollars would be provided with TIF. The City Admr. stated there is a sufficient amount of dollars from the highrise to deal with the construction in the west end. The City Council would have to direct staff to determine what the benefit amount would be, and that would be presented at another hearing. Chuck Pass stated he can't see how it can benefit the City that much to spend so much money in this area, when there are a lot of other places around the City it could be spent. He was answered that this money can only be used in the Tax In- crement District around the highrise; it cannot be used elsewhere in town. Lois Schmitt, another daughter of Mrs. Art Pass, stated if the highrise can pay for it all, that would be fine, but otherwise it was ridiculous. She asked what the Coun- cil was thinking of to expect an 87 year old woman to pick up $9,000. She stated if the highrise could pay for all of it, fine, the surrounding properties should be left completely out of it. She stated she thought the City was spending money like there was no tomorrow. Mayor Reinke stated there is a provision in the City Code for a Senior Citizen's deferred assessment. Ms. Schmitt stated that was great, but somebody still has to pay for it at some time. Further discussion ensued. Mayor Reinke asked if there were any other comments from the audience, and there were none. Colligan/Lebens moved to continue the public hearing until the appropriate reso- lution is brought back to Council. Motion carried unanimously. Colligan/Vierling moved to direct staff to consider costs and bring back the entire Levee Drive project, east and west. Motion carried unanimously. The City Admr. stated according to the City Clerk the application for On Sale and Sunday Intoxicating Liquor License by C.R.E. Restaurant Co. is in order. Steve Solomon, applicant's attorney, stated he is requesting the City give consid- eration to his request to reduce the license fee due to unusual circumstances. He stated his client perceives an inequity in the fee schedule, and requests an amendment which could then be the basis for a refund after the fee schedule is amended. Discussion followed. The City Attorney stated that any action the City takes tonight regarding a license fee would have to follow the City Code. If on a subsequent date, the Council wants to amend the Code or change it to provide a different percentage for liquor licenses, that is fine, but it won't relieve this applicant because that would provide a re- fund of a license payment, and State law forbids a fee refund except in limited circumstances that do not apply to this case. Mr. Solomon answered that he is not familiar with that portion of State law, and at this time is only asking the Council to consider this request. He would like the opportunity to consider the statements made by the City Attorney. Mayor Reinke asked if there were any comments from the audience, and there were none. Colligan/Wampach moved to approve the applications and grant an On Sale Intoxicating Liquor License and a Sunday Liquor License to C.R.E. Restaurant Company, 1583 E. First Ave. , upon surrender of the existing license for the same location, if sur- rendered within seven days. Motion carried unanimously. The City Engineer stated that the Planning Commission, in conjunction with the consideration of Hauer's Second Addition, requested the City Council to study the Shakopee City Council May 18, 1982 Page 5 possibility of connecting 11th Ave. and Park Ridge Drive. He stated the City has studied that matter on several occasions, and each time a majority of resi- dents in the area objected to the connection. Based on these surveys and hear- ings, he would recommend that 11th Avenue not be connected with Park Ridge Drive. Cncl. Vierling asked if there was any problem with the connecting walkway between Park Ridge Drive and lith Avenue. The City Engineer answered that was no porblem. Further discussion ensued about the sidewalk construction and the City Admr. stated that staff was recommending to the Planning Commission that a sidewalk be required when the Hauer 2nd Addition is platted. Colligan/Wampach moved not to take any further action regarding the connection between ll.th Avenue and Park Ridge Drive, and to so advise the Planning Commission. A resident of Park Ridge Drive stated she has had cars and trucks drive over her front yard frequently, so there may as well be a road there. She asked what could be done to prevent this. Discussion was held regarding landscaping techniques, etc. , and the effect of further development in the area. Motion carried unanimously. Lebens/Wampach moved for a five minute recess at 10:00 P.M. Motion carried unanimously. Vierling/Colligan moved to re-convene at 10:08 P.M. Motion carried unanimously. Colligan/Vierling moved to authorize payment to Mr. Adrian Herbst for up to 30 hours of additional work beyond his contract for legal services for the prepara- tion of the cable ordinance. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Vierling offered Resolution No. 2003, A Resolution Appointing An Acting City Planner, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Wampach moved to authorize the proper City officials to enter into a Letter of Agreement with Rob Chelseth for consulting planning services. Motion carried unanimously. Lebens/Wampach moved to refer the proposed amendment to the City Code Sec. 11.03, Subd. (7i), which would permit issuance of building permits to certain private streets, to the Planning Commission for a public hearing. Motion carried unanimously. Vierling/Colligan offered Ordinance No. 93, (Fourth Series), An Ordinance of the City of Shakopee, Minnesota, Amending Shakopee City Code Chapter 11 entitled "Land Use and Regulation (Zoning)" by Repealing D of Subd. 8, Sec. 11.05 and Enacting a New D Subd. 8, Sec. 11.05 as herein Set Out and Adopting By Reference Shakopee City Code, Chapter 11 and Section 11.99 Entitled "Violation a Misdemeanor", and moved its adoption. The City Admr. summarized the Ordinance. Roll Call: Ayes; Wampach, Vierling, Colligan, Reinke Noes; Lebens Motion carried. Colligan/Wampach offered Resolution No. 2002, A Resolution Giving Preliminary Ap- proval To a Proposed Industrial Development Project By the Cornelius Company Under the Municipal Industrial Development Act and Authorizing Submission of an Applica- tion to the Commissioner of Energy, Planning and Development For Approval Thereof, and moved its adoption. Colligan/Wampach moved to amend Resolution No. 2002 by adding a new paragraph No. 9 as outlineiby the Ass't City Attorney in his memo dated May 18, 1982. Motion to amend carried unanimously. Roll Call on Resolution 2002 as amended: Ayes; Vierling, Wampach, Colligan, Reinke Noes; Lebens Motion carried. Colligan/Vierling offered Resolution No. 2005, A Resolution Declaring The Cost to Be Assessed and Ordering the Preparation of Proposed Assessment 1982-2, Valley Indus- trial Blvd. South, County Road 83 to the East Line of Valley Park 2nd Addition, The City Admr. summarized the resolution. Roll Call: Ayes; Unanimous Noes; None Motion carried. Shakopee City Council May 18, 1982 Page 6 All members of the Ad Hoc Cable Communications Committee (CCC) and the consult- ing attorney, Mr. Adrian Herbst, were seated at the table for the discussion of the cable franchise. The Admin. Ass't gave an over-view of the deliberations of the CCC in recommend- ing one company and proposal for the cable franchise. She stated the conclusion to recommend Zylstra-United (ZU) and Assumption II for a cable franchise was strong. Mayor Reinke went through the Resolution of Findings of Fact, Conclusions and Recommendations of the CCC category by category, asking for comments on each page. The comments were as follows: Cncl. Wampach asked about the City's liability if the cable company fails. Mr. Herbst replied that the language about the City being the franchising authority is only to make it clear that it is not the CCC that is awarding the franchise. He stated that the fact that the City awards a franchise to a particular cable company does not subject the City to any legal liability in the event the busi- ness does not succeed. Cncl. Lebens asked if in the future if the company needs further financing would it be required to divulge the financer. Mr. Herbst answered that would probably not be required except possibly in a rate increase request where it would have to justify rate of return. Cncl. Wampach asked if the CCC is comfortable with a 60% penetration figure. Zee Davis answered that compared favorably with the needs assessment the CCC undertook. Further discussion was held regarding the City's liability if a competitor took over the cable company's business even before the system was constructed. Mr. Herbst stated he thought any other similar business would have to go through the franchise procedure and a needs assessment would have to be completed before a second franchise could be awarded. This cable franchise the City is awarding is a non-exclusive franchise. He added that a construction bond, performance bond, security deposit and liquidated damages are all required and provided for in the franchise ordinance to protect the City at various stages of construction and system operation. He stressed the business is taking the risk, and there is no legal liability to the City in granting the franchise if the business did not succeed. The City Admr. added that this is a new type of franchise for the City, but as far as liability, it is no different than other utilities such as the gas company or telephone company, where the City has no liability for their success. A discussion was held regarding system design, with Eileen Christensen and Barry Kirchmeier stating the consultant went into this area in a lot of detail regard- ing the additional traps and service calls that would be required under the Pro- gress Valley (PV) proposal, which would result in subsidizing increased costs. Mr. Herbst added that the system design would be rolled into the franchise ordi- nance. He also stated the City would have the capability of utilizing consul- tants for performance testing at periodic times. He said there will be money set aside for system updating. Discussion was held regarding rates and increases. Mr. Kirchmeier stated the rates are frozen for the first two years. After that the company has to come before the City Council to request a rate increase. Mr. Herbst stated there are a number of standard procedures to go through for the rate increase request. Basically, the law provides that the company is entitled to a fair rate of return. If they pro- vide documentation that that is lacking, an increase may be granted. He clarified that only the basic rate can be regulated by the City. The additional pay services (such as Home Box Office) are the most profitable for the company, and they are not regulated by the City. Mr. Herbst explained the complaint process and built-in protections the City has to insure the business is run competently. He added that if the company does not perform at all there is also a revocation process provided for. Gene Foudray asked if either of the companys could guarantee their construction schedule. Eileen Christensen answered that the franchise ordinance does address penalties if construction falls behind schedule, and stated they had researched the past performance records of each company, and found both companys had the capa- bility as stated. Mr. Herbst stated he would not recommend additional questions be asked of the applicants at this stage in the process. Shakopee City Council May 18, 1982 Page 7 Cncl. Colligan asked Mr. Foudray if he had any comments to make on the minutes of the May 4, 1982 and May 12, 1982 CCC meetings where he appears to be almost the only voter against ZU. Mr. Foudray stated the CCC did previously vote not to accept a minority recommenda- tion, but to present a unanimous vote for the company that was recommended. He added that personally he felt the consultant's evaluation was only an opinion, and when it came down to applying the criteria he judged against an outstate com- pany and for a Minnesota company. He felt that due to the State 's economics at this time he wanted to give the local people and our State the benefit of the doubt. He added he felt the differences between the two bids were so minor, he gave his vote to the Minnesota company to keep Minnesota money in Minnesota. He stated they were evaluating the consultant's report only, which was an opinion. Eileen Christensen stated this was not true, the CCC was evaluating the proposals. Lee Davis stated that personally the only place he really used the consultant's report was in system design, as he felt comfortable with his knowledge in the other areas. Mr. Foudray again stated he agreed that a majority vote ruled and the CCC would go with a unanimous recommendation. Eileen Christensen stated they spent a lot of time on these proposals and were very careful to give an objective evaluation. Mr. Kirschmeier stated usually each member gave a rationale pro and con for each vote. He stated the recommendation was not just based on the consultant's report. He stated they read the proposals, studied them, asked a large number of questions, toured facilities and requested follow-up by staff. He stated he could speak for himself and the other four members of CCC that none of them felt the proposals were close at all. They tried to be very objective and very fair. Cncl. Wampach stated he felt it was unfortunate the coverage in the newspaper which he thought made it seem like a foregone conclusion that ZU would be awarded the franchise. Eileen Christensen stated the CCC has no control over what is put in the newspaper, as these were all public meetings. However, she stated that way back when the process began, the paper endorsed the local investors, so she felt they had been on both sides. Randy Gorman stated that a great deal of emphasis was put on the consultant's re- port. But he stated it must be remembered that this was not just done by one woman with an opinion. She is a representative of the largest cable consulting company in the U.S. , and is backed up by a battery of experts on staff. Colligan/Lebens moved to table awarding of a franchise until there is a full Council. Mayor Reinke stated he would anticipate this would be at the June 1, 1982 meeting. He commended the CCC, staff, consultant and Mr. Herbst for their fine work on this matter. Motion carried unanimously. Colligan/Lebens offered Ordinance No. 92, Fourth Series, An Ordinance Amending the City Code Setting Boundaries Between All Precincts of the City of Shakopee, and moved its adoption. The City Admr. summarized. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Wampach offered Ordinance No. 95, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending Shakopee City Code Chapter 7 Entitled "Streets and Sidewalks Generally" by adding a New Provision to Sec. 7.07, Subd. 3B and By Adopting by Reference Shakopee City Code Chapter 1 and Sec. 7.99, and moved its adoption. The City Admr. summarized the ordinance. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Vierling moved to approve Change Order No. 2 for Hauer Trail Laterals Contract No. 80-1 for installation of 4" PVC service pipe. The contract shall be increased $2,449.00 and the completion date shall not be changed. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Lebens moved to approve Semi-Final Partial Estimate Voucher No. 5 for Hauer Trail Laterals in the amount of $4,397.39 for Parrott Construction, Inc. Roll Call: Ayes; Unanimous Noes; None Motion carried. Shakopee City Council May 18, 1982 Page 8 Colligan/Vierling mored to direct staff to implement a noise abatement program using $1,000.00 of Revenue Sharing Funds for the purchase of one noise monitor- ing device, and recommend the adoption of an appropriate Noise Abatement Code. Roll Call: Ayes; Unanimous Noes; None Motion carried. A brief discussion was held regarding the establishment of a Downtown Redevelop- ment Project and Tax Increment District. The City Admr. explained the City would not acquire any property unless it had a pre-signed contractual arrangement with a company or firm to develop the property. He stated this action is not to spend any money on the project, just to get the paperwork started. Colligan/Wampach moved to approve the creation of a Downtown Redevelopment Pro- ject and a Tax Increment District as outlined in the memo from the Ass't City Attorney dated May 13, 1982. Motion carried with Cncl. Lebens opposed. Colligan/Wampach moved to direct staff to take all the necessary action to assist in the creation of the project and district outlined above. Motion carried with Cncl. Lebens opposed. • Vierling/Colligan moved to request that the H.R.A. commence the creation of the project and district and enter into an agreement with a bond counsel to manage the project and district. Motion carried with Cncl. Lebens opposed. Colligan/Vierling moved to employ the firm of O'Connor and Hanahan as consultant for the project and district, to the extent that they may do some work between now and the June 1, 1982 meeting. Roll Call: Ayes; Wampach, Vierling, Colligan, Reinke Noes; Lebens Motion carried. Lebens/Colligan moved that the bills in the amount of $179,823.23 be allowed and ordered paid. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Wampach moved the consent business as follows: 1. Direct staff to remove the "No parking during school hours" signs from the south side of East 5th Avenue between Holmes and Lewis Street and replace them with signs prohibiting parking between the hours of "2 PM and 4 PM dur- ing school days. 2. Direct proper City officials to make payment to Parrott Construction Co. , Inc. in the amount of $4,868.91 for 80-10 Halo 2nd/81-2 Bluff Avenue Improvements. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Vierling moved to adjourn. Motion carried unanimously. Meeting adjourned at 11:55 P.M. Judith S. Cox City Clerk Diane S. Beuch Recording Secretary MEMO TO: John K. Anderson, City Administrator FROM: Jeanne Andre , Administrative Assistant RE: Selection of Cable Communications Proposal DATE: May 27 , 1982 Introduction and Background The Ad Hoc Cable Communications Committee has presented its findings of fact regarding the selection of a cable communications proposal to the City Council . The City Council decided to table the selec- tion until all Council members are present . Alternatives 1 . Accept the Committee ' s findings and recommendation. 2 . Accept the Committee ' s findings except for the selection of Assumption II . 3 . As a City Council prepare a separate findings of fact to reflect the Council ' s findings beyond those brought forward by the Committee . 4. Refer remaining questions to the Committee , staff or consultants for further study and clarification. Recommended Action Approve selection of Zylstra-United ' s proposal as recommended by the Ad Hoc Cable Communications Committee and further, to authorize the Ad Hoc Committee to prepare a final franchise ordinance granting a franchise , using Assumption II , to Zylstra-United. The final fran- chise ordinance prepared by the Ad Hoc Committee to be considered by the City Council in accordance with the ordinance requirements of the City of Shakopee . JA/jms Honorable Council Weinandt Acres In October, 1980 Weinandt Acres was assessed $67,000 for road improvements which were to be completed by November 1 , 1980 and if not completed a $200 per day penalty would be imposed. This work was not completed and the $200 per day was not imposed. The 1982 tax statement now includes 2 months interest for 1980 on $67,000, 12 months for 1981 on $67 ,000 and 12 months interest for 1982 on $67,000. If the 2 months interest for 1980 and the 12 months interest for 1981 would have been on my 1981 tax statement and the road was not completed until November, 1981 , then I do not believe the council would have in good conscious expected payment for interest; and not charged the contractor for the $200 per day penalty. I do not see how by placing the interest all on the 1982 tax statement, that it makes it any more justifiable . For your information if the assessemant is 8.75% and (you pay interest up front) the first tax payment is May 31 , this means 6 months interest in advance which then becomes 9+%. I do not believe in good conscious that the council expects me to pay the 1980 & 1981 interest on Weinandt Acres, when I did not have the benefits of the road until November, 1981 . The road still is not completed. C.,9V.OL7 H. L. Weinandt 271)2L-1a-8� r ?8z— 411 4. MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator • RE : Weinandt Acres 1st Addition '5)Le Improvement Project #80-9 DATE: November 10, 1981 Introduction The work required to construct the improvement for the above referenced project has been completed. The final costs exceed the costs assessed as outlined in the City Engineer ' s memo of November 6, 1981 (attached) . On November 6, 1981 the developer and his attorney met with the City Engineer and me to review the Engineer ' s November 6, 1981 memo in an effort to agree upon the amount of the supplemental assessment required to finance additional project costs of $17 , 273 . 72 . Problem The problem is clear. If the City doesn ' t pass a supplemental assessment equal to $17 , 273 . 72 it will be paying for a portion of the subdivision development costs . If the supplemental assessment is approved, the $17 ,273 . 72 will be absorbed by the developer, Mr. Weinandt, thus increasing his development cost and the cost of the lots he intends to sell . Furthermore, while the initial project costs were assessed up front , the supple- mental assessment must stand the benefit test . What Caused the $17 ,273 . 72 Over-run Table #1 of the City Engineer' s memo of November 6, 1981 summarizes well where the changes (increases) occurred. This was the focus of our meeting with the developer on November 6th. Listed below are the items that changed and the agreed upon (by the developer and staff) reasons for the change : Item Estimated Change Actual Cause(s) 1 . Contract $51 ,928.03 $6 , 683 .97 $58 , 612 .05 $6 ,105 Additional earthwork 500 Mobilization fee for 1981 800 Increased 1981 paving costs -721 .03 Other quantities dropped quantity totals 2 . Design 6 , 819 . 82 3 ,959 . 61 10,779 .43 3 ,959 . 61 Additional design (consulting cost plus staking engineers) cost not in estimate • 410 Mayor and City Ccil • November 10, 1981 Page Two • Item Estimated Change Actual Cause(s) 3 . City 7 ,027 .00 -1 ,441 .00 5 ,585 .00 1 ,441 Decrease due to Engineer no staking costs 4. Improvement 1 , 732 . 61 923 . 32 2 ,655 . 93 Difference between 1980 District estimated bond sale and 1981 actual sale 5 . Unassessed 0.00 2 ,524.45 2 , 524.45 Difference in assessment Interest interest at 8. 75 as per developers agreement and actual bond sale cost to City interest of 9 . 8370 6. 2 Percent 0.00 4,623 . 37 4, 623 . 37 Difference between 9.83% Margin (2% and 11 .83% per our Additional assessment policy Interest) The key point in our discussions with the developer, and the key to the resolution to these change items , was that the City took a calculated risk when it assessed the project gambling that the contract ' s unit price estimates and the estimated bond interest rate would be correct . These two risks were shared by the developer until the interest rate estimate risk was eliminated as a developer risk at the October 4, 1980 public hearing when Council stated to the developer that 8. 75% would be the maximum interest charged ( transcript attached) . The bond issue discussed in the tape was the May 20, 1980 issue sold at an interest rate of 6. 896%. While there may indeed have been the cash available in that issue for the Weinandt Acres project con- struction , eventually bonds would have to be sold and it is that rate , alternative #3 listed by the City Administrator in the tape (page 3) , that should have prevailed . The next bond issue included the Weinandt Acres project , and it was sold on July 7 , 1981 at an interest rate of 9 . 833L. Changes #4, #5 , and #6 above are all tied to the difference between the agreed upon 08. 75 maximum interest charge and normal City Policy for a 9. 833% rate plus 2% issuing cost charge . The developer has agreed that the changes in items #1 , #2 and #3 are acceptable unit price increases with the exception of the $500 mobilization fee and the $800 inflationary increase in paving. These two items , the developer contends , were changes that increased the unit prices solely because of the need to come back and finish the project in 1981 rather than completing it in 1980 as planned . The developer maintains that the contractor should have taken the steps to enable him to complete the project in 1980 and/or the City' s inspectors should have haulted the project and corrected the problems with the roadway base in a timely fashion if it wasn ' t going to invoke the 43200 per day contractor ' s penalty. • Mayor and City Ccil 41/ November 10, 1981 i,1/' Page Three Alternatives 1 . The City can supplementally assess the full $17 ,273 . 72 changes #1-#6 . This would have to be done in the face of the statements made about an 8. 75% maximum interest made during the public hearing. 2 . The City can supplementally assess changes #1-#3 at $9,202 . 58, ( $6 ,683 . 97 + 3 , 959 . 61 - 1 ,441 .00) , thus conceding that a commit- ment was made to hold the interest to a maximum of 8. 75%. 3 . The City can supplementally assess changes #1-#3 less $1300 or $7 , 902 . 58 ( $9 , 202 . 58 - $1 ,300.00) , recognizing the $500&$800 in increases in the contract contested by the developer. 4. The City can supplementally assess changes #1-#3 at $9,202 . 58, and begin the interest charges on the supplemental assessment January 1 , 1983 , thus delaying the interest on the supplemental assessment in recognition of the one year delay in completing the project and disregarding items 4, 5 , and 6 in recognition of our commitment to a maximum interest rate of 8. 75%. 5 . Other Summary and Recommendation This is the first project assessed "up front" that the City has attempted to close-out . Several key lessons can be learned from the project . First , there is a need to clearly indicate who the design engineer is working for , the City or the developer. Second, projects that are assessed up front will always include risks for the City because additional costs supplementally assessed will be subject to the benefit rule. Third, the interest rates for long term financing (ie . on the specific bond issue including the project) cannot be guaranteed in advance . And fourth, the City will not take responsibility for completing a project by a time set (or assumed) by the developer. These items were key considerations as staff worked to reach an agreement with Mr . Weinandt , the developer. City staff has reached a tentative agreement with the developer on alternative #4. This alternative recovers all the actual unit cost increases in the contract ; but the City recognizes the October 4, 1980 statements on the 8. 75% maximum interest charged as a commit- ment and the City recognizes that a one year delay in completing the roadway did have an inflationary effect on some minor changes in the project costs . Action Requested Approve Resolution No . 1937 . JKA/km4 U-e 4 ,�i.v-na t� cL Sv P F -� '45 6 �► FE- STAP-T,k) Av 1983 4111.1 • i;:: . 4_, Wienandt Expendi tures Date Check No . • Vendor Amount 1/81 7560 MN Valley Surfacing $ 18, 316 .38 12/80 6906 MN Valley Surfacing 28,498. 20 11/80 318508 Shakopee Valley News 22 . 70 10/80 290508 Shakopee Valley News 24.47 1/81 14508 Shakopee Valley News 14. 66 11/80 318090 Chapin 53.90 1/81 7624 Harry Wienandt 980.00 1 /81 7746 Subterranen 705.60 12/80 City Engineering 4,420.00 12/80 7003 Probe Engineering 8,782 .43 2/81 042508 Shakopee Valley News 3'9. 8 61.88 4/81 J-25 City Engineering 148.00 4/81 105508 Shakopee Valley News 124. 33 6/81 J-51 City Engineering 223.00 6/81 161824 MN Valley Surfacing 195 . 17 7/81 J-58 City Engineering 174.00 8/81 J-71 City Engineering 389.00 8/81 224516 Springsted 620.00 8/81 224817 Moody 72 .00 8/81 224818 Midwest Bank 41 .00 9/81 Bond Discount 1 ,019 .44 9/81 224508 Shakopee Valley News 2 . 87 9/81 J-74 City Charge for Admin. 511 .00 9/81 J-79 City Engineering 100.00 9/81 253817 MN Valley Surfacing 8, 500.70 10/81 9343 Dorsey 87.24 10/81 Shakopee Valley News 14.84 l0/8Lw60(,)CE10,tJ \ kE.00 11/S4 M N VaLtYcits4C0\3(0irelitst-40110P5' 3101 ,6 a i::17,320,c 1 • RESOLUTION NO . 1959 • A Resolution Adopting The Supplemental Assessments For Project No. 1980-9 Public Improvement Program . Weinandt Acres 1st Addition WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed supplemental assessments of: Weinandt Acres 1st Addition by roadway. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA : 1. That such proposed supplemental assessment, together with any amendments thereof, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment levied against the lands named herein and each tract therein included is hereby found to be benefitted by the proposed improvements in the amount of the assessments levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of ten (10) years, the first installment to be payable on or before the first Monday in January, 1983, and shall bear interest at the rate of 8.0 percent per annum from January 1, 1983. To the first install- ment shall be added the interest on the entire assessment from January 1, 1983, and to each subsequent installment when due shall be added the interest for one year on all unpaid installments. 3. The owner of any property so supplementally assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; the owner may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list and the owner may pay the remaining principal balance of the assessment to the City Treasurer. 777 Resolution No. 1959 Page Two 4. The Clerk shall file the assessment rolls pertaining to this supplemental assessment. in his office and shall certify annually to the County Auditor on or before October 10th of each year the total amount of installments and interest which are to become due in the following year on the assessment on each parcel of land included in the assessment roll. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of wry 1981 . Mayor of the City of Shakopee ATTEST : City Clerk Approved as to form this day of , 1981. MEMO TO: City Council FROM: LeRoy Houser/Building Official RE: Patricia's Addition Plumbing Variance DATE: May 3, 1982 Background: Council has given Gerry's Construction a variance to encroach on adjacent property owners fee simple interest by allowing them to run water and waste lines of owners under non-owners buildings. I have included a map with this report to show you the location of the water and sewer lines that were run into the building. I have also included on this map (indicated in red and black broken lines) where the sewer and water should have been installed. As you will note, the additional pipe, both water and waste, would have been minimal and very little additional excavation would have been required as they had to excavate for the footings anyway. The waste and water lines would have fit adjacent to the footings in the footing trench. A serious maintenance problem exists with Council's variance especially in the water service lines. Should a leak develop in the water line serving the northern most unit, it is conceivable the basement floors in all of the units may have to be broken up to find and repair it. The same applies to each of the other units, the waste line is not as serious, as a blockage in any unit could be corrected without any physical damage unless the waste line was broken. Then the break could be isolated by working through the clean outs and vent system. The location of the water and sewer lines for the next two units are similar to Block 13. It is by this memo I request Council amends the variance to at least re- quire the water lines to be routed on the exterior of the footing trench to provide minimum maintenance problems for all of the unit owners. A dollar saved by the contractor npw with this "Rube Goldstein" installation could very well cost the owners of these units thousands of dollars in the future. I will concede that the variance granted by the Council is in conformance with this department and other cities past practices. However, the townhouse concept is a relatively new concept for this part of the country and we are involved in a learn- ing process. One of the things we have learned is that it is a poor practice to encroach on fee simple interest of a property owner, knowing severe damage and inconvenience can occur by doing so. Process for Issuing Variances: State Law, and Section 204 provides for a Board of Appeals to determine the suita- bility of alternate materials and construction and to provide reasonable interpre- tation of the State Code. In connection with this, the Board may deviate from any code requirement only as long as the deviation provides the same amount of protec- tion as the code requirement. For example: The code requires a one hour fire separation between the attached garages and dwelling units. This is attained by applying a type FX sheetrock on the garage wall. If a contractor petitions you to waive this requirement, you can waive the 5/8 FX sheetrock and approve another material like 1 1/8" tongue and grove plywood or asbestos board but you cannot waive the hour rating separation requirement unless you provide an alternate that will . 7 � Patricia's Add'n Plumbing Variance May 3, 1982 Page -2- provide equal protection to the inhabitant. In the example only a deluge or water curtain would be acceptable. For general information, the past and present City Council of Stillwater is being sued by the widows of the firemen killed at the fire at Stillwater. The basis of the suit is the Council granted a variance to the buildings owner contrary to code, contrary to the local building inspectors orders and contrary to confirmation of the State Building Departments written confirmation of prcpriety regarding the inspectors interpretation and application of the Code. Perhaps it would be useful to have Council serve as an official Board of Appeals and adjourn to a Board of Appeals meeting when handling building issues. Summary: I would like to go on record as stating, my concerns are twofold, one, the first is the Councils' authorization of encroachment of owners fee simple interests presents maintenance liability exposure. Secondly, granting variances of code requirements based on economics and past practices without providing alternate, equal protection exposes Council to additional liability. Council Action Requested: 1. Amend Council motion of 2/16/82 for Lots 1-6, Block 11, and Lots 1-6, Block 12 of Patricia's 1st Addition and require the sewer and water lines be placed outside the building with individual lines extended to each unit. This eliminates encroachment and future maintenance problems. 2. Prior to issuance of an occupancy permit for Lots 1-6, Block 13 of Patricia's 1st Addition, staff be required to ensure that the six units have the nec- essary easements to maintain the utility lines and that the protective covenents for said property ensures responsibility for maintenance of the lines. 3. Direct preparation of a resolution appointing the council members as Building Code Board of Adjustment and Appeals. LH:cu y \ 7 U 0 �o r r V° 4' •3 v a r Z V V L L J� — J- Nr- 13Ro ►•Lu 1, %n v, q..NO\oS aouE rt2 4-02 o61". q. ;)a.n V` B, 14.Le t. Q1L, �.� SkomAJ µau Q. 1I4 AI � MEMO TO : John Anderson City Administrator FROM: Don Steger City Planner RE: Parking in the Central Business District DATE : May 21, 1982 Introduction: At the request of the City Council, the Industrial Commercial Commission (ICC) discussed the parking situation in the downtown. Background : At their May 12, 1981 meeting, the ICC made the following statements : 1. The ICC does not want to discourage downtown development by requiring off-street parking. 2. The ICC does not feel that many additional apartments would be created in the downtown, therefore, parking for apartment tenants should not get much worse. 3 . The• ICC does not feel that a major problem with parking currently exists . 4 . The ICC questioned whether the 1967 "cut-off" for the issuance of parking permits to apartment tenants is discriminatory. The ICC suggested that a survey be conducted to determine the number of apartments in the immediate downtown. The staff conducted a quick field survey and totaled approximately 60 apartments in existence within a 10 square block area. These apartments were located above businesses and many have off-street parking provided. The ICC also expressed concern over utilizing the municipal parking lot, at the intersection of Fuller and Second, for the commuter lot (bus pick-up) . The ICC felt that either of the two municipal lots along Levee Drive would be better suited as a commuter lot . John K. Anderson Page -2- Parking - CBD May 21, 1982 Recommendation : The Industrial Commercial Commission (ICC) recommended that prior to any City Council action concerning off-street parking, the City Council : 1. Determine the number of downtown apartments in existence; (The staff survey indicated approximately 60 apartments . ) 2. Study commuter parking as to a more appropriate location, Action Requested : Determine a more appropriate commuter parking location than the location being currently utilized; Municipal Parking Lot on Fuller Street and 2nd Avenue . DS/j iw Attachment : ICC Meeting Minutes of May 12, 1982 MINUTES INDUSTRIAL COMMERCIAL COMMISSION Shakopee , MN May 12 , 1982 Chairman Jim O ' Neill called the meeting to order at 5: 10 p.m. in the Council Chambers of the City of Shakopee, MN . Present : Jim O ' Neill , Jane DuBois , Paul Wermerskirchen, John Manahan, Gary Eastlund and Chamber Liason Bill Wermerskirchen Absent : Al Furrie Guests : Jean Andre, City HRA Director Don Steger , City Planner Rod Kress , Attorney Minutes of the April 12 , 1982 meeting were approved by a motion made by John Manahan , seconded by Paul Wermerskirchen and passed. Downtown Tas Increment District Chairman O ' Neill explained that the City has determined that there are currently tax increment funds available for use in a potential tax increment district in the downtc,wn area of Shakopee. He introduced Rod Krass who discussed the definition and process of tax increment financing of a designated Tax Increment District. The City of Shakopee has used this financing technique for city development previously in the K-Mart Regional Distribution center in the industrial park. The proposal before the City Council now is for a tax increment district to he designated in the downtown area in order to support a redevelopment project which would include commercial, parking and beautification efforts . Of particular note was the change in the tax increment law effective July 1st which will allow only a 90 day limit to the retrospective use of past improvements to he captured by the increment technique. In our case, after July 1st the city would be unable to include the new improvements to the First National Bank building in the increment c,.3.lculntions and would lose this primary increment factor , thus would not be able to create a district which would be feasible . Sill Wermerskirchen asked about the impact of fiscal disparities upon the increment valuation. ?lx. Krass replied that it is a City option to the district or not, and if not , then the general tax- payer will split this cost. The City must create a Tax Increment District and identify a Project Area. Don Steger , City Planner , discussed the goals of the project as identified by the Downtown Improvement committee . page 2 May 12 , 1902 The main objectiveds to create a focal point for the downtown and redirect the direction of First St. businesses to the south, using the parking area on Second between Lewis and Holmes as the focal point. Holmes Street would be beautified with streetscape improvements to redirect the focus from the Holmes and First inter— section to the parking lot area. John Manahan asked about the detrimental effects of not acting at this time and Mr. Kress replied that the City needs Council action by the end of June in order to capture the bank as the major source of increment; also, it would mean the loss of the use of the increment to the school hoard and other tax receivers . No action at this time means a Joss of agility to finance downtown improvements . ' M/S/P John Manahan, JaneDuBois to recommend to the City Council to adopt a Tax Increment District and Project Plan as described, and further, that the fiscal disparities be assessed to the City as a whole and not to the district. Residential Lot Size Chairman O' Neill stated that the Planning Commission has invited ICC members to attend a meeting to discuss mutual thoughts on resedential lot size, particularly in view of the ICC comments recently. Reducing lot size may be considered to be an effective way of reducing cost of housing without increasino density too much. Don Stever discussed recent Plannino Commission decisions that determined that the City 's minimum lot size of 9000 sq.ft. was appropriate and that no variances have been recently requested for smaller lot sizes . Jane DuBois stated that most developers follow city requirements and smaller lot sizes do reduce costs to development and may increase sales . Don Steger commented that no recent plats except for townhomes have indicated smaller lot sizes and felt that Shakopee is reasonable when compared to other places in the metro area. It was stated that the average lot size in Shakopee is 80 x 150 with side yard set backs in R-2 to be 10 ft. and each side which corresponds to public easements . M/S/P John Manahan, Paul Uermerskirchen that the ICC concur with the Planning Commission to leave the lot size ordinance as is , with consideration to potential changes if necessary, and to be considerate of any developer request to lower minimum lot size, with the explan— ation that the original ICC motion was that the Council/Planning Commission examine the lot size renulation in light of recommendations of the Metropolitan Council comparison. ' T 7 1 page 3 May 12 , 1982 Savage Brochure Jim O 'Neill presented a brochure prepared by the City of Savage to pramtte the city and its industry. It was agreed that it was an effective and inexpensive promotion tool. Discussion occurred on how this type of brochure might he prepared and used to promote Shakopee . Efforts by the Chamber and Scottland were reviewed. Don Steger stated that the Downtown Committee was preparing a mailinn; to developers to stimula;te interest in the downtown and will send a copy of this letter ;to ICC members . Jane DuBois was asked and agreed to be the chairman of a subcommittee to research and decide on what would be appropriate for a short brochure for large uolume use . Don Stever also noted the Community profile from the Minn. Dept of Economic involopment. will ho coming soon. Two Percent Surcharge Gary Eastlund made a motion, seconded by John Manahan to table discussion of this topic to the next meeting in June. Motion passed. Off—Street Parking in the Downtown A recent expansion in apartments in the downtown district has brought up the issue of parking requirements for residential use in the downtown. Don Steger discussed the current parkino require— ments for land uses in Shakopee and stated that in a recent survey which he did, no community required off—street parkino for downtown districts. In Chaska and Hastings, they tended to grant variances for off—street paildng requirements . According to current city ordinance, new apartments in the downtwwn would not get parking permits to park in the existing parkinr, lots . Other discussion included the conflict of commercial/residential use of the parking lots , commuter use of the parking lots and enforcement of current ordinance . MIS/P Paul Uermerskirchen, Gary Eastlund to recommend t'-at. the City survey the number of residential units in the 0-3 downtown district, to study the commuter use of parking lots and to consider moving commuter use of 24 hour lots , and to review bus use, bus routes and where senior pick up spots are and the parkino requirements necessary for these uses , all to be done prior to adopting Res . 1-2001 . In explanation, the ICC recommends consideration of an alternative location for pick up points for seniors and commuters to lots of less use ; to request that the City provide the ICC with the results of the above mentioned surveys . M/S/P Gary Eastlund, Paul Uermerskirchen to adjourn the meeting. Next meeting is June 9, 1982 . Respectfully submitted • Glenda D. Spiotta ti MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Establishing A Policy for Issuance of Parking Permits DATE: May 27 , 1982 Introduction At the recommendation of staff, Council referred the resolution establishing a policy for issuance of parking permits to the Industrial Commercial Commission for recommendation. Background The ICC discussed the matter of whether or not the zoning ordinance should require parking for residences in the B-3 zone at their meet- ing on May 12th; however, no recommendation was made on the proposed policy for issuance of parking permits for municipal parking lots . The ICC did question whether or not the City would be discriminating if they extended the privilege only to residents of buildings in existence prior to construction of the municipal parking lots . I concur with your recommendation that this privilege not be extended to residents in new construction, but rather be a limited grandfather privilege , if you will , to residents of buildings in existence prior to construction of the municipal parking lots . I did reword item one in the resolution to indicate that this is a limited grandfather privilege . Recommendation Council did, on April 6th, approve a parking permit policy and directed that staff prepare a resolution setting forth the policy. Staff recommends adoption of attached resolution. Action Requested Offer Resolution No. 2001 , A Resolution Establishing a Policy For Issuance of Parking Permits , and move its adoption. JSC/jms RESOLUTION NO. 2001 A Resolution Establishing A Policy For Issuance of Parking Permits • WHEREAS , Resolution No. 1249 permits the issuance of parking permits for designated public parking areas in the City of Shakopee, and WHEREAS , upon occasion abuse of this privilege is made and it is the desire of the City Council to establish guidelines for issuance of said parking permits . NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the following policy on parking permits is hereby adopted : 1 . The privilege of parking for periods of time longer than posted shall be extended (a limited grandfather privilege ) to persons residing above commercial buildings which were executed prior to construction oil the municipal parking lots . (Hotel has own off- 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-to-day 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 privilege 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 pro- visions 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 . / O MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE: Screening of Rubber Industries ( IR Bond Applicant ) DATE: May 27 , 1982 Introduction In conjunction with approval of an application for IR Bonds , Council put conditions on the issuance of the electrical permit needed for installation of equipment . One condition required screening along the west side of the property by a berm and pine trees with heights to be worked out between Rubber Industries and staff. Background Staff has worked out an arrangement with Rubber Industries regarding the screening. ( See City Planner ' s memo attached. ) The City Planner and Mr . Chenowith, of Rubber Industries , mutually agreed that the planting of trees could be delayed until the fall to ensure tree survival . Should the electric permit be needed prior to fall and the planting of the pine trees , staff needs authority to issue the electric permit . To insure the planting, it is recommended that a letter placing in escrow the sum equal to 125% of the estimated screening costs be deposited with the City. Alternatives 1 . Do not permit the issuance of an electrical permit until screen- ing , is complete - current action. 2 . Authorize the issuance of an electrical permit , prior to comple tion of the screening and berming, if a letter and a certified check equal to 125% of the estimated screening costs is submitted to the City. Recommendation Staff recommends alternative two. Recommended Action Authorize the issuance of an electric permit to Rubber Industries , prior to completion of the screening on the West , upon submission of a letter placing in escrow the sum equal to 125% of the estimated screening costs . JSC/jms City of Shakopee City Hall 129 East 1st Avenue Shakopee , MN 55379 Dear Sir: In accordance with our conversations , please be advised that does hereby place in escrow the sum of to be held by the City until such time as completes the screening along the western-most por- tion of the 50 foot drainage easement which has been dedicated to the City by Rubber Industries , described in exhibit "A" attached. The screening shall extend between the points where the land drops on both the northwest and southwest corners of the Rubber Industries property. The screening shall consist of a berm two to three feet high and pine trees three to four feet high, the trees shall be off- set or aligned so as to provide effective screening. Upon completion of the screening to the satisfaction of the City, the City will return said escrowed amount to In the event said screening is not completed on or before November 1 , 1982 , then does hereby authorize the City to complete the project and to expend the escrowed funds for construction costs including actual administrative and techni- cal services , and to return the balance , if any, to further agrees that if the escrowed funds are insufficient to cover the costs referred to in the preceeding para- graph, then will pay the difference to the City forthwith. Itis understood that the escrow placed with the City shall bear interest for each year at a rate equal to one percent ( 1%) below the average interest rate (rounded to the nearest quarter) on the invest- ments held by the City on December 31st of the respective year. Respectfully , MEMO TO : Judith S. Cox City Clerk FROM: Don Steger City Planner RE: Rubber Industries - Screening DATE: May 25 , 1982 Dean Chenoweth, from Rubber Industries, and I agreed that the screening along the west property line of Rubber Industries should consist of a berm 2 to 3 feet high and pine trees 3 to 4 feet high. The screening (berm and plantings) would align along the western-most portion of the 50 foot drainage easement which is to be dedicated to the City. The screening would extend between the points where the land drops on both the northwest and southwest corners of the property. The trees should be off-set or aligned so as to provide effective screening. We further agreed that the berming and plantings would not have to occur until September or October of 1982 so as to ensure tree survival . A Certified Check from Rubber Industries, in an amount equal to 125 percent of the estimated screening costs would be deposited with the City of Shakopee to guarantee the screening. The cost estimate would be calculated by Rubber Industries and approved by the City ' s Engineering Department . Dean Chenoweth expressed concern that the Certified Check should be deposited in an account which earns a competitive rate of interest . DS/jiw MEMO TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: P.I.R. Fund Review DATE: May 11, 1982 Introduction: Per your request and Council directive, a review of the P.I.R. Fund expenditures for the past ten (10) years has been completed. Background: The review entailed a detailed examination of 1978-1981 and a review of 1972-1977 to the extent of examining annual financial reports and brief discussion with the auditor. To delve any deeper for 1972-1977 would involve substantial time in researching checks, minutes, etc. The result of the review is that I am of the opinion that the only inappropriate use of P.I.R. monies was to pay special assessments on city property which totals $30,692 for the years 1979-1981. If Council wishes to pursue this any further than receiving the information above, the alternatives are: 1. Leave status quo 2. Transfer $30,692 from the General Fund to the P.I.R. Fund GV/ljw MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Mr. & Mrs . LeRoy Bergstrom Water Service Freeze-up Problem DATE: May 27 , 1982 Introduction City Council , at its May 18 , 1982 meeting, referred the Bergstrom' s request to staff to verify the information in her letter regarding the lowering of Clay Street . History From existing City records we were able to determine that the water- main in Clay Street was installed in 1947 . The as-builts do not have a profile illustrating the depth of the watermain. The engi- neer ' s drawing, as-builts , dated April 2 , 1969 , do not have a pro- file of the street illustrating whether or not the roadway was cut down and lowered. Finally, the former City Engineer for the pro- ject is no longer living so we could not verify through him whether or not the street was lowered. By looking at the Bergstrom' s lot , one can see where it may have been possible that the roadway was lowered 1-1/2 to 2 feet . The lot directly across Clay street from them has a building permit date of July 15 , 1968 and the grading for the lot appears to have been done to match the curb line of Clay Street as it exists today and that property does not have waterline freeze-up problems nor do others in the area . So, it is conceivable that the Bergstrom' s home , the older home on the block, could have gone in earlier before Clay Street was improved and possibly lowered. If you are wondering why the Bergstrom' s didn' t begin having the problem back in 1969 when the street was improved , it is because they didn' t begin taking long winter vacations until 1975 . After freeze-up prob- lems in 1975 and 1976 they began letting their water run and the quarterly water bills from 1977 on clearly show that . Current City Policy The Utilities Department estimates that 10-20 people let their water run during the winter to avoid freeze-up problems ; and that possibly 1 or 2 of the 10-20 has said it was because the street was lowered. To date , Utilities has said it was not their problem and that the owner should fix it or let the water run. Those who have pursued it because they claimed it was something the City did, eg. lower the street , have been referred to the City and the City in turn is now turning them over to our insurance agent . According to the Public Works Superintendent the City did lower a watermain in 1968 or 1969 at 10th and Monroe that had been installed in 1963 because the City lowered the street . This matches the experi- ence that bocci the City Engineer and City Administrator have had in Mayor and City Council Page Two ? May 27 , 1982 L other cities , which is , when a street is lowered due to a City project the City takes on the responsibility of lowering the watermain and attached services . Alternatives • f 1 . Reject the Bergstrom' s request . PROS : 1 . This would continue the City' s current practice of taking no responsibility for freeze-ups , thus avoid- ing potential expenses for the City. 2 . It puts the burden of seeking a solution on the home- maker when they feel that running the water is too expensive . 3 . It doesn' t require that the City resolve a unique prob- lem that probably would not exist if owners didn' t vacation in the winter. CONS : 1 . There is an obvious waste of water. 2 . The homeowner has exceptional expenses . 3 . Others who leave in the winter are not required to let their water run. 2 . Acknowledge that the problem might have been caused by the City and pass it along to our insurance company. PROS : 1 . This addresses all the Cons in alternative #1 . 2 . It still requires that the insurance adjuster make a finding. CONS : 1 . Should the company decide the City is not responsible and provide no relief we are back to alternative #1 unless City Council decides that we should go in and insulate their private line . 2 . There is the potential that a number of the other 10-20 people who let their water run will come to Council with a similar claim if there has been street work done after their service line was installed. Recommendation Staff recommends alternative #2 and that we send the insurance company the section of this memo entitled History. Our intent would be to fix their line only, hoping that the problem is only unique to their service line . Action Requested Direct staff to refer the Bergstrom' s request regarding frozen water services to our insurance agent . JKA/jms • 017% /710L loeg z // I � // ,i'/ 4.22ez flA I ' M U E Cl MEMO T 0• Mayor and City Council FROM: John K. Anderson, City Administrator RE: Duane Marschall ' s Request to Build Over a Sewer Easement DATE: May 25 , 1982 Introduction City Council , at its regular May 18 , 1982 meeting, referred the above mentioned request to City staff and requested that a staff report be prepared examining the pros and cons of granting the request . Survey Ten cities were surveyed to determine if they had a policy either permitting or prohibiting construction over a utility easement . The survey results are attached and reflect a "mixed bag" of approaches that , on balance , represent few exceptions to a no build policy. It also appears that the bulk of the exceptions were made for commercial purposes . Other Contacts BUILDING DEPARTMENT - The City Building Inspector checked with Severt Henderson in the State Building Code Division and found that there was no prohibition to building a garage over a utility easement in either the State building or plumbing code . Mr. Henderson did state that it would be a mistake to permit it . CITY ATTJRNEY - The City Attorney , as he stated at the May 18 , 1982 Council meeting, found no laws that said the City could not allow construction of a garage over a utility easement , provided the City receives a document , prepared by the City Attorney at the homeowner' s expense ; that holds the City harmless by requiring that the building be moved at the owner ' s expense and that the document bind he _zs and assigns and be placed on record at the courthouse. INSURANCE AGENCY - Our insurance agent , Capesius Agency, recommends against permitting the construction of a garage over a utility ease- ment because of the liability that could arise in the future if per- mission were granted. Capesius made the recommendation for the following reasons : ( 1 ) They could not find any insurance tool ( one could exist ) which would allow the homeowner to "hold the City h.rm- less" , therefore if the garage had to be removed it would be an out-of-pocket hardship for the present homeowner or any future home- owner; ( 2 ) If the sewer line should settle after the City has given written permission to build on the easement will the owners come back to the City for damages because "we approved it"? CITY ENGINEER - Our City Engineer has had experience with this type of situation in another city and stated that , because of the hardship factor , that City expended additional taxpayer' s money for a new easement to go around the building one year after permission was given to construct it over the easement . The City Engineer is strongly opposed to creating a precedent by approving the request . 1 Mayor and City Council Page Two 7 > May 25 , 1982 UTILITY MANAGER - SPUC has no written policy regarding this issue , but has operated under the premise that easements cannot be built upon. In addition, the Utilities Manager was against a precedent setting changes in the "no structures" policy because he could foresee disagreement arising between the homeowner and the City about whether a certain problem, leak or stoppage was severe enough to warrant moving the building to fix. The City could literally be in the posi- tion of arguing over the definition of a stoppage with a homeowner. PUBLIC WORKS SUPERINTENDENT - The Public Works Superintendent said that the 9 "and 10" sewer line in this area has been a problem area because of tree roots and that his department currently rods the lines at least once a year. Because of this problem, he expressed concern about putting a structure over what his experience indicates is a high maintenance line. COUNTY HIGHWAY ENGINEER - The County Highway Engineer said that they do not permit encroachment on their roadway easements by structures , only utility lines , storm water facilities and cultivation by farmers with adjacent fields . Other Exceptions The above personnel also indicated that there are a few similar prob- lem areas : 1 . The 4-plex at 3rd Avenue and Adams encroaches on a utility ease- ment but there is no utilities in the ground, only an overhead power line with sufficient clearance for safety. 2 . A home in Scenic Heights on Miller was built over a 12" waterline because the easement for the line had not been recorded and the line was not discovered until construction was underway. 3 . A second house in Scenic Heights on Shakopee Avenue encroaches on the easement , but is not over the line . The incident happened for the same reason as #2 above . Alternatives 1 . Grant the Marschall ' s request to build a garage over the sanitary sewer. PROS : 1 . Enables the property owners to increase the value of their home with an addition of their choosing. 2 . Showsflexibility on the City' s part in considering requests to build over easements without an uncondi- tional "no build" policy. CONS : 1 . Establishes a precedence that will require City Council to review all such requests in the future . 2 . Will require that City Council define , based upon some criteria like depth, type of line , etc . , where Council will or will not allow such an exception. Mayor and City Council Page Three May 25 , 1982 7p_' 3 . Could pit the City against the present , or a future , homeowner in determining if a problem with the line affecting the owners , or other property owners , warrents moving of the garage so the City can proceed with• r_epairs . Because the homeowner is unlikely to have insurance coverage for the removal he/she will have a critical stake in the outcome . 4 . If there is even a short list of such structures that are built over easements , it will require that the City add a review process to work that is maintenance in nature and historically has not required a survey of property owners before work is begun. 2 . Grant the Marschall ' s request to build a garage over the sanitary sewer with a clear explanation as to why the exception was per- mitted , eg. depth of sewer, type of utility or hardship. Pros and Cons are the same as for alternative #1 except that Council will have to address Con #2 . 3 . Deny the Marschall ' s request . PROS : 1 . Maintain the current practice (exceptions noted above ) of not allowing structures to be build over easements . 2 . Avoids the cons listed in alternative #1 . CONS : 1 . Denies the Marschall ' s the opportunity to develop their property as planned. 2 . Reaffirms that the City has a rigid "no build" policy when it comes to easements and that will make it diffi- cult to grant an exception in the future even if the specific circumstances are perceived to be more accept- able . Summary and Recommendation The City Council , in weighing the above alternatives , might also consider whether or not the Marschall ' s have any other locational alternatives for the garage , and/or whether this is a "hardship case" . If their request is granted it will increase the value of their property and hence taxes , however , this would occur for any new structure that might be built over a utility easement . It is the recommendation of City staff that Council maintain its no build policy and formally add the policy to our City Code and even define what temporary structures can go on easements eg. fences , bushes , etc. Action Requested Pass a motion denying the Marschall ' s request to build a structure over an easement and instruct staff to draft an ordinance. JKA/jms el7r- MEMO TO: John K. Anderson, City Administrator FROM: Barry Stock, Intern RE: Building Over a Utility Easement Survey DATE: May 21 , 1982 Ten cities were surveyed to find out their policy in regard to build- ing over a utility easement . Of the ten cities , Golden Valley, Maple Grove , Richfield, and Bloomington had policies which prohibited build- ing over a utility easement . Two cities , Brooklyn Center and Edina had a few cases where building over an easement took place without their knowledge. Upon discovery of the encroachment , they immediately obtained a signed document from the owner which relieved the City of any responsibility of damage to the building in the case of maintenance to the line . Four cities have permitted building over utility easements in special cases . Burnsville allowed construction of Denny' s Restaurant over a storm sewer line that was very deep. They however obtained a signed letter relieving them of any liability in the case of maintenance to the line and subsequent building damage . Fridley and Roseville each had one case of a building located over a utility easement . Each instance involved a large warehouse. Condi- tions were established which required the owner to encase the storm sewer pipe before construction. Because of the large interior space , maintenance repairs could be made from within the building without risk of damage to the building. The City of Hopkins had four instances of building over an easement . In each 'case a written document was obtained that relieved the City of any damage liability to the building in the case of maintenance repairs to the line . One of the buildings was specially designed to allow for possible line maintenance in the future . It was equipped with removable floor panels that would allow for repairs on the line within the building without damage to the structure . Another build- ing had specially designed footings to relieve any tension placed on the storm sewer line and thus decreasing the chance of a break. Hop- kins had the only case of building over a water line easement . The case involved a garage and the City again was not liable for building damage in the case of a break and subsequent repairs . The survey also included a call to the League of Minnesota Cities , but they had no specific information or sample policies regarding the subject . BS/jms GRANT OF EASEMENT THIS INDENTURE, Made this _ day of , 1961 by and between Herman Abeln, Bernard Abeln and Helen Abeln, all unmarried, and Shakopee Realty, Inc., a corporation under the laws of the State of Mi nnesta, parties of the first part, and the City of Shakopee, a municipal corporation, in the County of Scott and State of Minnesota, party of the second part, WHEREAS, The Parties of the first part are owners of the land across which the easement hereinafter described passes, and WHEREAS Shakopee Realty, Inc. has heretofore constructed a sanitary sewer through the land hereinafter described and is desirous of transferring the sanitary sewer together with all title, rights appurtenant thereto, and the responsibilities there- unto appertaining to the City of Shakopee, and the City of Shakopee is willing and able to accept title thereto and. to assume all obligations and responsibilities. NOW, THIS INDENTURE Is made the day and year first above written, and in con- sideration of the City of Shakopee taking over the maintenance, ownership and operation of the sanitary sewer constructed on the property hereinafter described, the parties of the first part grant unto the party of the second part, its successors and assigns forever, a perpetual easement for the operation and maintenance of a sanitary sewer under the land hereinafter described, and further grants the right, to maintain said sewer, lay, relay or enlarge the same, and for that purpose it has free and unobstructed access to the property hereinafter described for the aforementioned purposes, said easement being in the County of Scott and State of Minnesota and described as follows to-wit: An easement ten feet on either side of the following described land: -.Commencing at a point on the West right-of-way line of Adams Street distant 50 feet north of the northeast corner of Lot 1, Husman Addition; thence west on a line which passes through a point 29 feet northwesterly of the northwest corner of Lot 3, Husman Addition, and is measured on the extension of the common lot lines of Lots 3 and 4,Husman Addition, a distance of 292 feet; thence deflecting left 89°281 in a southerly direction a distance of 185 feet; thence southerly a distance of 210 feet more or less to the southeast corner of Lot 4, Husman Addition, this point also being on the northwesterly right-of-way line of Legislative Route No. 300, and there terminating. 60: 604 Y .. /C _________________________ , -r" ,-- Cr Cr J( IN TESTIMONY UHEREOF, The parties of the first part have hereunto set their hands and seals as of the day and year first above written. IN PRESENCE OF C -Lt.iN e'ee A.,e,e al-0 te\ Herman Abrin ui' _ /,` ( 1/ 1� ,ti.....„.*,- ./ '-' = 7 ,� .•�,5 A ..././,/{-, '.,J Bernard Abeln . , ---etz____ ....„ ,(1,-Ca if Helen Abeln SHAKOPEE REALTY, INC., A Minnesota corporation /0, _ (• /•. (0:: ,: .„4 44_14 . _r'.t l-, By //(e,_ , ;//:_i e , , , /,.. r�"/e ;,. 7 President .„ ... .,„ .. ., . n. , ... , , . . . . . \ =- , ---)0—(4,7 (212c.u,-e-e,e. ty \,.... . , -..---- _, N. , :„. .,..„:.:., .„.... -..,.: .,„. • „:„. .. Secre ary � ' i STATE OF MINNESOTA ) ) ss. J ;. COUNTY OF SCOTT ) On this rday ofi�; r,`,r �� , 1961, before me, a notary public within and for said county, personally appeared Herman Abeln, Bernard Abeln and Helen Abeln, all unmarried, to me known to be the persons described in, and who executed the fore- going instrument, and acknowledged that they executed the same as their free act and deed... , . C • . _ . , /-?.,,,_,_( L . Z.....k, 't,,.....-4. •r..,,I.L..,.z,,4.!10 ,L. "�,,v • o. /` / _� A PAUL W. W?' �4T.R3:C7?C'.IETi. 74ntnry ,.�.�. L.,_..,-,7.,.(` h y Li P•11.:.'c. Sharo-"o. c,,tt c,:•,i-a7, :,:inn. wwity Tri„stet , . STATE OF- M NNESOTA ) y ) ss. - COUNTY OF SCOTT ) ._ On this 31s day of Januav_T , 1961, before me, a notary public within and for said county, personally appeared John P. Wermerskirchen and Joseph R. Notermann to me personally known, who, being each by me,.dul3r;.sworn they did say that they are respectively the President and the Secretary ?,1 , L'�`., ' ,. ' `0 ,;.: ,he..00,rroration named in the foregoing instrument, and that the seal affixed to . t,�.. . ,said ins't ument is the corporate seal of said corporation, and that said instrument 7 r, s signed'and sealed in behalf of said corporation.Eby authority of its Board of ',Directors;,•and said John R. Wermerskirchen and Joseph R. Notermann acknowledged said instrument to be the free act and deed of said corporation. il AZZ.I. W. .y.::?.`'!" «C7C. .rd. Not 1 T. ? CITY OF SHAKOPEE COUNTY OF SCOTT STATE OF MINNESOTA RESOLUTION NO. ;ICJ/ RESOLUTION CALLING PUBLIC HEARING ON ESTABLISHMENT BY THE HOU AND REDEV 1 mug. eRITY IN AND FOR T ' •` SHAKOPEE O la 1 •JW •PMENT PROJECT • AND A MENT FINANCING DISTRICT AND ON THE ADOPTION OF A REDEVELOPMENT PLAN AND A TAX INCRE- MENT FINANCING PLAN RELATING THERETO BE IT RESOLVED by the City Council (the "Council" ) of the City of Shakopee , Minnesota (the "City" ) , as follows : Section 1. Public Heari is Council shall meet on Tuesday, June 29 , 1982, at ' : OD p.m. , to hold a public heari . . • • the following matt - - -- - tablishment by AMMO• :nd Redevelopment Aut .rity . for the City r: - - - opment Project No. 1 a•d Aax [ncr - ent District No b) the adoption of a propose. - - • - • - opment Plan for Rei - opment Project No. 1 and (c) the adoption and ap- proval of a proposed Tax Increment Financing Plan for Tax Increment District No. 1, all pursuant to and in accordance with Minnesota Statutes, Sections 462. 411 to 462 . 716 , in- clusive, as amended, and Minnesota Statutes, Sections 273. 71 to 273. 78 , inclusive, as amended. Section 2. Notice of Hearing ; Filing of Plans . The City Clerk is authorized and directed to cause notice of the hearing , substantially in the form attached hereto as Ex- hibit A, to be given as required by law, to place a copy of the proposed Redevelopment Plan and the Tax Increment Fin- ancing Plan on file at the City Hall and to make such plans available for inspection by the public, commencing June 18, 1982. Section 3. Referral to Planning Commission. The City Clerk is authorized and directed to transmit a copy of the Redevelopment Plan to the Planning Commission of the City and to request the Planning Commission to consider and com- ment on whether the Redevelopment Plan is in accordance with the comprehensive plan of the City. Adopted by the City Council of the City of Shakopee, Minnesota, on , 1982. Mayor ATTEST: City Clerk • - 2 - EXHIBIT A NOTICE OF PUBLIC HEARING CITY OF SHAKOPEE COUNTY OF SCOTT STATE OF MINNESOTA NOTICE IS HEREBY GIVEN that the City Council (the "Coun- cil" ) of the City of Shakopee, County of Scott, State of Minnesota, will hold a public hearing on Tuesday, June 29 , 1982, at p.m. , at the City Hall, in Shakopee, Minne- sota, relating to the establishment by the Housing and Rede- velopment Authority in and for the City of Shakopee of a • redevelopment project ("Redevelopment Project No. 1" ) and a •awx {a tax increment financing district ("Tax Increment District No. 1" ) within Redevelopment Project No. 1 pursuant to Min- nesota Statutes, Sections 462. 411 to 462. 716 . inclusive, as amended, and Minnesota Statutes, Sections 273. 71 to 273. 78, inclusive, as amended. The hearing is also relative to a proposed Redevelopment Plan for Redevelopment Project No. 1 and a proposed Tax Increment Financing Plan for Tax Incre- ment District No. 1, copies of which will be on file and available for public inspection at the City Hall not later than June 18 , 1982. The property proposed to be included in the Redevelop- ment District is legally described as follows: Blocks 3 , 4 , 5 , 6, 7 , 20 , 21, 22, 23, 24 , 30 , 31, 32, 33, 47 , 48 and 57 , Original Shakopee Plat, Scott County, Minnesota. Together with the Levee along the Minnesota River and all alley and street right-of-way along , in or adjacent to said blocks in said plat, more particularly described as follows: Beginning at the Northeast corner of Lot 6, Block 8 , of said plat; thence southerly along the westerly right-of-way of Scott Street, of said plat, to the Northeast corner of Lot 6, Block 45, of said plat; thence easterly along the southerly right-of-way of Third Street, of said plat, to the Northeast corner of Lot 6, Block 46 , of said plat; thence southerly along the westerly right-of-way of Atwood Street, of said plat, to the Northeast corner of Lot 6, Block 71, of said plat; thence easterly along the southerly right-of-way of Fifth Street, of said plat, to the Northwest corner of Lot 10 , Block 73 , of said plat; thence northerly along the easterly right-of-way of Fuller Street, of said plat, to the Northwest corner of Court House Square, of said plat; thence easterly along the southerly right-of-way of Fourth Street, of said plat, to the Northwest corner of Lot 10 , Block 56 , of said plat; thence northerly along the easterly right-of- way of Holmes Street, of said plat, to the Northwest corner of Lot 10, Block ' 49 , of said plat; thence easterly along the southerly right-of-way of Third Street, of said plat, to the Northwest corner of Lot 10 , Block 50 , of said plat; thence northerly along the easterly right-of-way of Lewis Street, of said plat, to the Northwest corner of Lot 10 , Block 29 , of said plat; thence easterly along the southerly right-of-way of Second Street, of said plat, to the Northwest corner of Lot 10 , Block 28, of said plat; thence northerly along the east- erly right-of-way of Sommerville Street, of said plat, to the Northwest corner of Lot 1, Block 183, of said plat; thence westerly along the northerly line of the Levee of said plat, to the northerly extension of the easterly line of Lot 6 , Block 8 , of said plat; thence southerly along the northerly extension of the easterly line of Lot 6, Block 8, of said plat, to the point of beginning. The parcels proposed to be included in Tax Increment Dis- trict No. 1 are within Redevelopment Project No. 1 and are more specifically described in the proposed Tax Increment Financing Plan. All interested persons may appear at the hearing and present their views orally or in writing. Dated: , 19_ BY ORDER OF THE CITY COUNCIL City Clerk MEMO TO : John K . Anderson City Administrator FROM : H . R . Spurrier City Engineer - aftre RE: Alley Construction Petitions DATE: May 28, 1982 Introduction : Attached are two petitions for alley improvements. Background : The petition No. 1 from property owners in Block 106, Original Shakopee Plat, are asking for City maintenance of an alley right-of-way. Pursuant to the recommendation of City Attorney, Mr. Julius A. Coller, II, this letter should be taken as a petition for improvement of the alley so that it may be taken over by the City for maintenance. The second petition is signed by 50 percent of the benefitted properties in Block 50, Original Shakopee Plat. Also, attached to the second petition is a letter addressed to Judith S. Cox, specifying that one signer of the petition, net included in the 50 percent, wanted their signature removed from the petition. That has been considered in the computation of the percentage of benefitted property signing the petition. The construction required in both cases is a relatively minor amount of construction in that the total cost would be less than $3,000 for each project. Therefore, it is the recommendation of City staff that a Feasibility Report be prepared for the improvements and that the work be accomplished by including the quantities in one of the other paving contracts to be performed by the City later this summer. Action Requested : Adopt Resolution No. 2009, A Resolution Declaring The Adequacy Of A Petition And Ordering Report On The Improvement Of The Alley In Block 106, Original Shakopee Plat. Adopt Resolution No. 2010, A Resolution Declaring The Adequacy Of A Petition And Ordering A Report On Improvement of The Alley In Block 50, Original Shakopee Plat. HRS/jiw Attachments -3/a/� 1 L: ' L1l '.� Lo'-d' _ �ti�; u tt mi January 1R , 1982 TO WHOM I^ 'MAY CONCERN WE THE UNDERSIGNED FREEHOLDER'S IN THE Poo BLOCK, BETWEEN LEWIS AND SOME'?VILLE STREETS, CITY OF SHAKOPEE, MN . , DO HEREBY GRANT SAID CITY AN EA.SD1ENT ON THE ALLEY IN THE NORTH HALF 0? THE BLOCK FOR ANY AND ALL PURPOSES OF MAINTENANCE. SIGNED: $ .-4,-L /b s , _ iA 44-4-i-e-- .. May 17 , 1982 Robert F. Vierling 221 E. 4th Ave. Shakopee, Minnesota • 55379 Judy Cox Shakopee,City Offices 129 E. 1st Ave . Shakopee. Minnesota - 55379 Dear Miss Cox, I had spoken to a woman in your office three (3) weeks ago. April 26, 1982, but at that time she had no knowledge of the peti- tion. I informed her at that time that I wanted my name removed from the alleyway tarring petition. As of our conversation of May 17, 1982, as to the petition to tar the alleyway between Sommerville and Lewis, 3rd Ave . and 4th Ave . , I here by withdraw my nate from that petition . Also Mrs . Ernest Stein (my sister) does not want her part of the alleyway tarred. If the people living on the alleyway facing Lewis (west) want there part of the alleyway tarred, at there own expense, I certainly have no objection. Or if the City of Shakopee wants to tar the alleyway at the City's expense, I have no objection. Thank you. :..incerely, • ZY _ t A ( Robert F.Vierling gW N. • MAY 1 7 1982 A .5/ / f [J J Com/ / PETITION FOR ASSESSABLE PUBLIC IMPROVEMENT I V CITY OF SHAKOPEE • Dacer( IP / We , the undersigned , owners of the following described real property , abutting on the proposed improvement and beneficed thereby , hereby petition the Common Council of the City of Shakopee , for the following public improvements; ' Black top paving in alley d A- . hi4i re## 3, ''- on St . /Ave . , between 3rd AM lith Are. fl Sc . and Sommerville and Sc . /Ave . , and request that the same be Lexis Bt, - made during the year PETITIONER LOT BLOCK Peter VonBauk ,/1, . 'a. L.../ of 9 and 10 50 Charles M,Cavanauu ^ ,. , ' ? . ,Cl , of 1 and 2 50 Robert Vierling,5;P c l ( 3•4 50 Hard,it St Stein-_-- -- -- -dip_-f (er 50 Josaph Kopp-deceasec. 6 50 (4) �yRay Soherrel" �� �•, � �' 7_ _ 50 Steven Kalin 8 50 I , hereby, verify chat I circulated the above petition and that the above signatures of rhe property oiners and petitioners were Re i, D presence . AUG 1 1 1981 4 / AO' ��, r irculacor 41, CITY OF SHAKOPEE Approved chis day of , 19 City Attorney CITY OF SHAKOPEE 129 E. First Avenue .a JUDITH S. COX ! SCOTT COUNTY Shakopee, MN 55379 { ..owis ...�,...0 •••°4'4F901.4. 1R -')yw....n. .ivestr..JUNE IS.1902 r/ • PETITION FOR ASSESSABLE PUBLIC IMPROVEMENT CITY OF SHAKOPEE Date We , the undersigned , owners of the following described real property , abutting on the proposed improvement and beneficed thereby, hereby petition the Common Council of the City of Shakopee , for the following public improvements ; Hlaek top D in all�v ,- " ` on Sc . /Ave . , between sommgTILLILAg_412x11 hi St . and 3rd and 4th Ave _ Sc . /Ave . , and request that the same be made during the year PETITIONERS LOT BLOCK tff ! l )/7So.i. 9 & io 8 50 Ste en A.Kalin I , hereby , verify that I circulated the above petition and that the above signatures of the property orners and petitioners were affixed in my presence . ,/ de `it„„..;_,,it Circular° ' Approved this day of , 19 City Attorney • p41 ".' }4 i"- y a!7{:[h.��TI,'N 5t•�i�`�i�. } F.�:i.k+ } t• ( ,T ' i ••'!, .! 'S• t`�3 't,i i ti;' J a ;;;,• ••:• ,;; ty �•R ' • .412104 : s �` � • l 1f�1i{14 wttiet3Etr'*i4 .�3 � y " •� ¢'t �� jiy� itl '4","`4t-4",."” • RESOLUTION NO, 2010 A Resolution Declaring The Adequacy Of A Petition And Ordering Report On The Improvement Of The Alley In Block 50, Original Shakopee Plat Scott County, Minnesota BE IT RESOLVED, by the City Council of the City of Shakopee, Minnesota that: 1 . A certain petition requesting the improvement of the alley in Block 50, Original Shakopee Plat, by paving, filed with Council on June 1, 1982, is hereby declared to be signed by the required percentage of owners of property affected thereby. The declaration is made in conformity to Minnesota Statutes, Section 429. 035. 2. The petition is hereby referred to Henry R. Spurrier, City Engineer, and he is instructed to report to Council with convenient speed advising the Council in a preliminary way as to whether the proposed improve- ment is feasible and as to whether it should best be made as proposed or in connection with some other improvement and estimated cost of the improvement as recommended. 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. Resolution No. 2009 A Resolution Declaring The Adequacy Of A Petition And Ordering Report On The Improvement Of The Alley in Block 106, Original Shakopee Plat Scott County, Minnesota BE IT RESOLVED, by the City Council of the City of Shakopee, Minnesota : 1. A certain petition requesting the improvement of the alley in Block 106, Original Shakopee Plat, for City maintenance filed with Council on March 2, 1982 is hereby declared to be signed by the required percentage of owners of property affected thereby. The declaration is made in conformity to Minnesota Statutes, Section 429. 035. 2. The petition is hereby referred to Henry R. Spurrier, City Engineer, and he is instructed to report to Council with convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement and estimated cost of the improvement as recommended. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1982. Mayor of the City of Shakopee ATTEST : City Clerk Approved as to form this day of , 1982. MEMO TO : John K. Anderson City Administrator FROM: H . R. Spurner y' City Engineer RE : Drainage Improvement in 'mb- rails DATE : May 28, 1982 Introduction : Property owners in Timber Trails will attend City Council meeting June 1, 1982 for the purpose of presenting a petition for storm sewer lateral construction in Timber Trails. The property owners will detail their problem and ask City Council to order a Feasibility Report for the construction of storm sewer laterals. City staff has prepared a list of the property owners in Block 2 of Timber Trails so that it may be determined whether the required percentage of property owners have signed the petition. If City staff determines that the required percentage of owners have signed the petition, it would be the recommendation of City staff to declare the adequacy of the petition and order preparation of a Feasibility Report on the project. Action Requested : Adopt/Do not adopt Res. #2008, Declaring the adequacy of a petition and ordering preparation of a report on the improvement of Block 2, Timber Trails, Scott County, Minnesota, by storm sewer lateral. HRS/jiw Attachment '- RESOLUTION NO. 2008 A Resolution Declaring The Adequacy Of A Petition And Ordering Preparation Of A Report On The Improvement Of Block 2, Timber Trails • Scott County, Minnesota By Storm Sewer Lateral BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. A certain petition requesting the improvement of Block 2, Timber Trails, Scott County, Minnesota, by Storm Sewer Lateral, filed with Council on June 1, 1982 is hereby declared to be signed by the required percentage of owners of property affected thereby. The declaration is made in conformity to Minnesota Statutes, Section 429. 035. 2. The petition is hereby referred to Henry R. Spurrier, City Engineer and he is instructed to report to the Council will convenient speed advising the Council in a prelminary way as to whether the proposed improve- ment is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and estimated cost of the improvements as recommended. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1982. Mayor of the City of Shakopee ATTEST : City Clerk Approved as to form this day of , 1982. MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE: Temporary Closing of Atwood Street During Construction DATE: May 25 , 1982 Introduction On May 5 , 1981 the Council adopted Resolution No. 1831 which granted permission to St . Francis Hospital for the closing of Atwood Street between 4th and 5th Avenues until June 1 , 1982 during the construction of the hospital expansion. Construction is not completed and the hospital would like to continue to use Atwood Street between 4th and 5th until construction is complete . Alternatives a . Amend resolution extending date for the closing of Atwood Street . b. Do not extend the date permitting the continued temporary closing of Atwood Street . Recommendation Staff recommends amending Resolution No. 1831 extending the date for the temporary closing of Atwood Street between 4th and 5th. The request for permanent vacation is being studied and is a separate issue . Action Requested Offer Resolution No. 2007 , A Resolution Amending Resolution No. 1831 , Permitting the Closing of Atwood Street Between 4th and 5th Avenues During Construction of St . Francis Hospital , and move its adoption. JSC/jms (4r)St. Francis Hospital 325 WEST FIFTH AVENUE•SHAKOPEE,MINNESOTA 55379•(612)445-2322 RECEIVED May 26, 1982 MAY 2 7 1982 CITY QF ;, , ;w.` Mr. John Anderson City Administrator Shakopee City Hall 129 East First Avenue Shakopee, MN 55379 Re: Temporary Vacation of Atwood Street Dear John: On May 5, 1981 , the City Council approved our request to temporarily vacate ATwood Street between 4th and 5th Avenues "during construction" for a period of one (1 ) year ending on June 1 , 1982. As you know, we did not begin construction until December, 1981 , because of extenuating circumstances. I respectfully request a continuation of the vacation until we complete the construction program or until the City Council permanently vacates Atwood, whichever is later. Thank you for your attention to this request. Sincerely, e-- Thomas K. Prusak Director of Operational Services TKP:hme SPONSORED BY THE FRANCISCAN SISTERS OF ST. PAUL, MN RESOLUTION NO. 2007 A RESOLUTION AMENDING RESOLUTION NO. 1831 , PERMITTING THE CLOSING OF ATWOOD STREET BETWEEN 4TH AND 5TH AVENUES DURING CONSTRUCTION OF ST. FRANCIS HOSPITAL BE IT RESOLVED by the City Council of the City of Shakopee , that Resolution No. 1831 is hereby amended by granting permission to St . Francis Hospital to close Atwood Street between 4th and 5th Avenues until October, 1983 with the same conditions as set forth in said Resolution No. 1831 . 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 RESOLUTION NO. 1831 A RESOLUTION PERMITTING THE CLOSING OF ATWOOD STREET BETWEEN 4TH AND 5TH AVENUES DURING CONSTRUCTION AT ST. FRANCIS HOSPITAL WHEREAS , the City of Shakopee has received a request from St . Francis Hospital to close Atwood Street between 4th and 5th Avenue for a twelve month period during construction, and WHEREAS , construction is expected to last for twelve months beginning June 1 , 1981 , barring any strikes or unforeseen problems . NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, that St . Francis Hospital is hereby granted permission to close Atwood Street between 4th and 5th Avenues for a twelve month period ending June 1 , 1982 with the following conditions : 1 . Provisions shall be made for uninhibited access to that part of the street closed at all times for any emergency vehicles . 2 . Prior to closing the street , the hospital shall file with the City an endorsement to their existing policy or a copy of their existing policy bearing such endorsement saving the City free and harmless from any and all claims or suits arising or that might arise by virtue of the temporary closing and the use the hospital intends to make of the closed street . 3 . That St . Francis Hospital agrees to restore the said Atwood Street between 4th and 5th Avenues to its original condition (as of June 1 , 1981 ) , upon the reopening of the Street . BE 1T FURTHER RESOLVED that St . Francis Hospital shall signify their acceptance and agreement to the foregoing on a certified copy of this resolution and return it to the City before this resolution takes effect . Adopted in1111144)— _ session of the City Council- of the City '1 of Shakopee , Minnesota held this S day of _ , 1931 . )t________ Mayor of 'the City of Shakopee ATTEST: 1.�. .,1./� _ _ -- milierk Mired as to form this day of 1 , 1981 . .,,'✓.•yam_ City Attorney • Approve° aLQ LVi ". 1981 . day o f ,_e:/L j _ MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE: Payment of Taxes Prior to Issuance of a Liquor or Beer License • DATE: May 18 , 1982. Per your suggestion, twelve municipalities were surveyed to see if they require payment of taxes prior to issuance of a liquor or beer license . Of the twelve called, nine do require payment . Mr. Coller checked Mn. State Statutes and could find no requirement for payment of property taxes . He also checked with the League of Mn. Cities and they too were unaware of a state law so requiring payment of taxes prior to issuance of a license. However, it is the option of a municipality to add this requirement to their regu- lations and when so doing it must be adhered to. Of 'che twelve municipalities surveyed only four have licensing years beginning July 1st and of those four, none require payment of the first one-half of taxes prior to issuance of a license . Recommendation My recommendations , in order of my preference , are as follows : 1 . Status quo - make no amendments to the City Code - taxes do not have to be paid when applicant doesn ' t own property and first one-half taxes do not have to be paid prior to approval of a license application. 2 . City Code amendment Council received on Friday with agenda - requires payment of taxes by owners and renters , but not first one-half taxes of current year. iv)) 3 . "B" of attached City Code amendment , which provides that taxes may not be delinquent or late ( taxes not paid by May 31st are considered late until January 1st when they become delinquent ) and also requires payment of taxes by ownersZas well as renters 4. "A" , "C" , and "D" place a burden on applicants to pay the first one-half of their taxes prior to the May 31st dead line established by law and I 'm not sure I wish to recommend that . I guess I would be willing to delay taking all applications to Council until the first meeting in June . Require Payment Require of First 1/2 License Year Taxes Paid of Current Year q4i Burnsville July 1-June 30 Yes No Richfield Jan 1-Dec 31 Yes N/A Bloomington July 1-June 30 Yes No Eden Prairie Jan 1-Dec 31 Yes N/A Chaska July 1-June 30 No No Prior Lake July 1-June 30 Yes No Savage March 1-Feb 28 No N/A Chanhassen May 1-April 30 Yes N/A Edina April 1-March 31 Yes N/A Minnetonka Jan 1-Dec 31 Yes N/A Apple Valley Jan 1-Dec 31 Yes N/A Hopkins Jan 1-Dec 31 No N/A r):2(--/ / f ORDINANCE NO. 94 Fourth Series An Ordinance of the City of Shakopee, Minnesota, Amending Shakopee City Code Chapter 5 entitled "Liquor, Beer and Wine Licensing and Regulations" by Striking Certain Provision of Section 5.02 Subd 8 and Adopting by Reference Shakopee City Code, Chapter 1 and Section 5.99 THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: SECTION I: Shakopee City Code Sec 5.02 Subd 8 amended The following words are hereby deleted from the last line and sentence of Subd 8, Section 5.02, to-wit: "are - wed by the applicant and." As amended Subd 8 will read as follows: ' D1:nquent taxes and charges. No license shall be granted for operation on any premises upon which taxes, assessments or installments thereof, or other financial claims of the City, are delinquent and unpaid." SECTION II: Adopted h_y reference The general provisions and definitions applicable to the entire City Code including the. penalty provisions of Chapter 1 and Section 5.99 entitled "Violations a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. SECTION III: When in force and effect After the adoption, signing and attestation of this Ordinance it shall be published once in the official newspaper of the City of Shakopee and shall be in full force and effect on and after the date following such publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1982. _Mayor of the City of_ Shakopee ATTEST: City Clerk Prepared and approved as to form this 10th day of May, 1982. ty Attorney . °„'` °� -r L 'kt 42a` �4.'1;,,tai ^t a r r., ` , T.?) ORDINANCE NO. I Fourth Series AN ORDINANCE OF' THE CITY OF SHAKOPEE AMENDING SHAKOPEE CITY CODE CHAPTER 5 ENTITLED "LIQUOR, BEER AND WINE LICENSING AND REGULATION" BY REPEALING PART OF SECTION 5.02 Subd 8 AND BY ADDING NEW PROVISIONS TO SECTION 5.02 SUB 1, 5.02 Sub 8, 5.11 Sub 5 and 5.32 Sub 4 AND BY ADOPTING BY REFERENCE CITY CODE CHAPTER 1 and SECTION 5.99, WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS: SECTION I: Shakopee City Code, Chapter 5 entitled "Liquor, Beer and Wine Licensing and Regulation" is hereby amended as follows: A. Section 5.02 Subd 1 is amended by adding the following "and must be filed by May 15 of each year beginning May 15, 1983 ,except applications for on-sale liquor licenses which shall be filed by June 10th of each year beginning June 10, 1983. _ B. Section 5.02 Subd 8 is amended by striking therefrom the following words in the last line, to-wit: "owed by the applicant and are" and substituting in lieu thereof the words "delinquent or late and unpaid" so the last sentence of Subd 8 shall read" No license shall be granted for operation on ny premises upon which taxes, assessments, or installments thereof, or other financial claims of the City, are delinquent or late and unpaid. C. Section 5.11 amended by adding a new Subd 5. Subd 5 - Each such application shall also be accompanied by a receipt showing the payment of at least the first half of the current real estate taxes. D. Section 5.32 Subd 6 is amended by adding the following: "Each such application shall also be accompanied by a receipt showing the payment of at least the first one-half of the current real estate taxes. SECTION II: Penalty Provisions Adopted Shakopee City Code Chapter 1 entitled "General Provisions and definitions applicable to the entire City Code including Penalty provisions" and Section 5.99 entitled "Violations a 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 tie official newspaper of the /Oaj MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Application for On and Off Sale 3 . 2 Beer License by Jackson E. Chilquist DATE: May 28 , 1982 Introduction The City has received an application from Jackson E. Chilquist for an On Sale and an Off Sale 3 . 2 Beer License beginning June 2nd. Background Mr. Chilquist is purchasing Abeln' s Bar from Margaret Abeln at 220 West 2nd Avenue . The application is in order and taxes have been paid through and including the first one-half of 1982 . Alternatives 1 . Grant the licenses . 2 . Deny the licenses . 3 . Table the applications . Recommended Action Approve the applications and grant an On Sale and an Off Sale 3 . 2 Beer License to Jackson E. Chilquist , 220 West 2nd Avenue , upon surrender of the existing licenses for the same location, if surrendered within seven days . JSC/jms /(71 MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE: Set Up Licenses DATE: May 28 , 1982 Introduction The City has received 3 applications for a permit to only allow consumption and display of intoxicating liquor "Set Up License" . Background The applications are in order and the taxes have been paid through and including the first one-half of 1982 . Action Requested Lf 1 . Approve the application and grant a Set Up License to Jim & Lucy' s , Inc . , 201 West First Avenue . c / V 2 . Approve the application and grant a Set Up License to Knights of Columbus Home Association, Inc . , East Fourth Avenue . 3 . Approve the application and grant a Set Up License to Abeim'-s NJ , 220 West 2nd Avenue . JSC/jms 1982/1983 ON SALE CLUB INTOXICATING LIQUOR LICENSES There are no delinquent taxes for any of the applicants for renewal of licenses . As of June 1st at 11 : 00 a.m. the 1st one-half of 1982 taxes have been paid by all applicants whose applications are in order . Action Requested Approve the application and grant an On Sale Club Intoxicating Liquor License to: and table applications not in order. Table The American Legion Post No. 2 1266 East First Avenue (and Sunday) OK Veterans of Foreign Wars , Post No. 4046 132 East First Avenue OK Knights of Columbus Home Association, Inc . East Fourth Avenue and CR 82 1982/1983 OFF SALE INTOXICATING LIQUOR LICENSES There are no delinquent taxes for any of the applicants for renewal of licenses . As of June 1st at 11 :00 a.m. the 1st one-half of 1982 taxes have been paid by all applicants whose applications are in order. Action Requested Approve the application and grant an Off Sale Intoxicating Liquor License to : and table applications not in order. U OK XX Corporation 1561 East First Avenue C OK Clair ' s Bar, Inc . 124 South Holmes �vI1J Table Family Dining, Inc . RR 1 , Highway 101 e/ U OK Riverside Liquors , Inc . 507 East First Avenue ) �v' Table Dennis P. Bruesehoff & Thomas J. Cox - A Partnership Minn . Valley Mall on Hwy 169 South Cl ' OK Friendly Folks Club, Inc . 122 East First Avenue Table Pullman Club, Inc. 124 West First Avenue 1982/1983 3 . 2 BEER LICENSE RENEWALS /v There are no delinquent taxes for any of the applicants for renewal of licenses . As of June 1st at 11 : 00 a.m. the 1st one-half of 1982 taxes have been paid by all applicants whose applications are in order , except Minnesota Valley Mall and Valleyfair Inc. Payment by Valleyfair has been delayed because of the suit regarding their assessed value which has been resolved now and they will be making payment as soon as the paper work is completed at the County. Action Requested Approve application and grant an on/off sale non-intoxicating malt liquor license to: and table applications not in order. On Off Table Jim & Lucy ' s Inc . X X 201 West First Avenue ?wJ v OK Jackson E. Chilquist X X 220 West Second Avenue C ' OK Friendly Folks Club, Inc . X 122 East First Avenue ,J I � OK Marlene Berg dba Shakopee Bowl X 222 East First Avenue i V Table Stagecoach Stores X Jct . 101 & CR 89 /Table Dorothy Stocker X 537 So. Sommerville --n> l Table Raceway Park, Inc . X Highway 101 OK Richard E. Cleveland dba X Cleve ' s Red Owl 828 East First Avenue /4 OK JoAnne A. Pauluk X 409 East First Avenue ) OK Art Berens & Sons , Inc . X 123 West Second Avenue v) ' G OK Juba ' s Super Valu X 1100 Minnesota Valley Mall Table Minnesota Valley Restoration X Project Inc . Highway 101 OK Superamerica Stations Inc. X 1155 East First Avenue C, / OK Valleyfair, Inc. X One Valleyfair Drive \A)) -v OK Je She Inc . dba Mr. Jerry' s Pizza X X 823 East First Avenue Tabl Holiday Station Stores , Inc . X 444 East First Avenue \j J OK Pizza Huts of the Northwest , Inc . X 257 Marschall Road Tabl Valley Racquetball and Handball X 600 County Road 83 );;AJ/ V OK Brooks Superettes Inc. X Jct . CR 16 & CR 17 • I V MEMO TO: John K. Anderson, City Administrator FROM: Jeanne Andre , Administrative Assistant RE: Nominations to the Energy and Transportation Committee DATE: May 27 , 1982 Introduction On March 2 , 1982 , the City Council determined in Resolution No. 1982 that an Energy and Transportation Committee should be established. Appointment of this Committee is now in order. Background Resolution No. 1982 (attached) calls for the appointment of 7 to 10 members to the Energy and Transportation Committee. Potential mem- bers for this Committee were solicited through the news media. Seven persons have indicated by letter an interest in this Committee . Copies of letters and resumes submitted are enclosed for your infor- mation. The following persons submitted letters : William Anderson, David Dunwell , Lauren Sorenson, Dawn Schwingler, Freeman Chi-Shing Tsui , Loren Wolfe and Robert Ziegler. In Resolutions No . 1562 and No. 1969 the City Council set forth the procedure for appointments to City Boards and Commissions . The Council is to nominate possible appointees at a Council meeting, providing a written resume or oral background information about the nominees . The appointments are to be made at a subsequent Council meeting after Council members have had an adequate period to con- sider the possible appointees . As there is a diversity of interests represented by the individuals who have submitted letters of interest in the Committee , one option may be to create subcommittees to consider special issues in depth, such as the levy for MTC bus service. The issue of organizational strategies will be placed before Committee members at their initial meeting. Alternatives 1 . Nominate all or some of the individuals who have submitted letters of interest to serve on the Committee . 2 . Nominate additional persons who may provide other perspectives or skills to the Committee. 3 . Defer nomination until further recruitment is undertaken. 4. Recind the establishment of the Committee . Recommended Action Place in nomination those persons who are to be considered for appoint- ment to the Energy and Transportation Committee . JA/jms , April 27, 1982 ``` 44JN ? g1982 Mr. John Anderson City Administrator CITY OF SHAK 3PIE City of Shakopee Dear Mr. Anderson, I am replying to the article I read recently in the Shakopee Valley News where you were asking for volunteers for an Energy and Transportation committee. I would like to volunteer for this committee but would prefer to work in the transportation area. Over the last four years I have been involved with many actions involving the riders of the MTC bus service to our city and the MTC governing bodies. Several times our service has been threatened to be drastically altered or completly eliminated. Due to the riders involvement on speaking up to be heard we have been able to work out compromises with the agencies involved. Based on my experience representing the bus riders I would like my name to be considered for this committee. Sincerely, (2- ',,t4LA2 //2' William R. Anderson 1066 Van Buren St. Shakopee, Minn. 55379 445-1127 731 W. 10th Avenue %e' Shakopee, MN 55379 April 29, 1982 Mr. John Anderson /', 'i; „ 1982 City Administrator 129 E. 1st Avenue CITY OF 3HAKOPEE Shakopee, MN 55379 Dear Mr. Anderson: I would like to volunteer to service on the Energy and Transportation Committee that you are establishing. I currently ride the MTC daily and therefore am concerned on the future of transportation services available to Minneapolis. Sincerely, K ))ekAr-"41 J'A I\A A A)191 David Dunwell 731 W. 10th Avenue Shakopee, MN 55379 RECEIVED MAY 3 1982 . John K. Anderson CITY OF 3HAKOPE�E 129 E. 1st Ave. Shakopee, Mn 55379 Dear Mr. Anderson, This is in reply to the recent article in the Shakopee Valley News concerning volunteers for an Energy and Transportation Committee. I have been involved with the transportation problem since I started to ride the MTC bus to Minneapolis in 1974. At that time I sent a letter to the MTC recommending a bus route through the West part of Shakopee as well as the East portion they were serving at that time. Three years later, meetings were held with the MTC and persons of Shakopee concerned with whether to reduce bus service or increase ridership. The outcome of these meetings was to improve bus service by covering the West side of the city. I am willing to serve on the Energy and Transportation Committee as one who is familiar with the present situation and interested in furure possibil- ities. Sincerely, Lauren P. Sorenson 721 S Madison Shakopee, Mn 55379 111111111111111111111111.111111111111111111111111111111111r /( .19 Jo r7n.„ (eYi ezLi. , (Lu x I al/ abx-i"-- , JuAte;,_ ).Lit (27fe_ Ad-r_e/ze, 76L -3--719 &thAvi . (i/td/LL , dyz/d, 41‘1,g) fiLf-Q.b _Alt) //a) eiriud-ti te.toz,p)-e --7t) (1.16 /ruz,livej p),L) A1- (06 .ty Otai-6 a-tn, ALJ-431L0-1 ( Ad_ ,641_ 19-0 A 10-e/LOi.d . (AJ: 4(10 A Lp-a,31- zfaii,d aftacta( okehct ;Lit.> jf rata (DA j)titi F „tiv41-- (t)zi- c1,56 Ja‘de-tiS u4)6i OA/ILA-L. 7hplo . afta . /I- fs (th, 4/31.tved Rai).61-ca-t-; Nmfaiy1 O (tau imiammompimalimw • y 6 • ,,c,0 it,ux.).L., eLA .1 iljtU 0-QAX4-/ L . -11(id-A4-CLik- X/7 \,) ify--0-L2) .22) j tLk( d JiLculL ,t7c-LL, u) _(-4•71 oi.,Ltvt • tift_Oki/L keLLYTL c_. 1.614) 1196i )Nic R.P4t-ect. 4L4-t-e )e , /971i ô537 5- '03 6-0 330 f-to leminustm,, ... , -, , ., . i: Y • - ,. / /2 . RECEIVED ewygpv.k niA, ss 3 2 APR 2 1 1992 ., At 7X11 t A de 2.4.0x._ CITY OF 94-1AKOPE4 á/ 4'9L e Ct 7-`, , 64".eX 1A,) a ' pLec , 'le./Li. : (i.,((A-,,• :e1.--L : ‘741-4.-4:- )( a I .:i /,'.i:AL -L , ,eitl, ("yy ci i(C( •1.(4-‘,L r2i i Au-a 4.. 1 (-MI/flit:6_0_ •-eeey /4,ii.,1 (, zei 44flo_hezyl , , , , 1 ,., it I2...(..'"‘- /g-, / S 2 req.. 2i.,i4-1 -eZ i LeiLl-e.ct f.1-it oz.,' 4.)z.e(20_z-,a ‘itt4i. it_( . /u.z..t .1 kti44_ /-6-1- yt,-6--6; (...,y),:c,-:ii izi, ‘e..f, -U.et,Wei ),:.•._44 ri.%ey ai- , z,e-yoxx mix,.1-4, , -911-6. 1..12-iw_hz 4-..kd f ,./ -ctiit-i-z-J -64:e •'. iiii:"._ 7.4,,t,e (on,nt-t&Le ,:e2, eeltictilf/et -6 ./..1.('.0-4_4.... in 6)14.4 cz i 14_7:4- L 7It , 7z.,,,., ,,,,,,/,_,, ,,,.., /A-c [ L4_,,eLtli Cl.4.7:el 4;;1 1),:rs,5 jpezit /- -7 • 1 ' , • • - 4 ,c 4 ,t1 lit q c 6_47 4 a 11 i A'- el •iiekve; ..-44 c'ii,,,z44,t, , : A &1;i.' 'aA-4, A-il- f-'4J ,/ 9---enL-L4---( 1:-/k 4*-Y.Zt:ktii24.( ti c(..)_, 4.,- ( (,),:ta.e.6--e 4 /y /2/Levu 2,/-44S - 223 -1- ‘ , t . , , . RESUME FREEMAN CHI-SHING TSUI 1829 East Seventh St. rk.om 126, Sh.J.kopec East Apt. Duluth, Minnesota 55812 628 Go„m-n Avenue, Shakopee Telephone: 218/724-4660 Minnesota 55379 Telephne: 612/445-2237 CAREER To obtain a position wherein I may use my education ana experience OBJECTIVE: to make a positive contribution to my employer and advance by com- mendable performance. PERSONAL Born in Kowloon, Hong Kong on March 21 , 1954 DATA: Height: 5'11 " Weight: 155 pounds Excellent health; physically fit Single Social Security Number: 477-66-6128 EDUCATION: University of Minnesota, Duluth 1978-1981 Master of Business Administratic Bachelor of Accounting Nov 1981 GPA: 3.6 MBA 3.0 BAc 1977-1978 Bachelor of Business Administra- tion July 1978 GPA: 3.34 Hong Kong Baptist College 1974-1977 Undergraduate study in economic: and business administration Tai Tung Middle School 1973-1974 Postsecondary education to pre.' Kowloon, Hong Kong pare for the university entranc examination Buddhist Tai Hung College 1969-1973 Hong Kong Certification of Kowloon, Hong Kong Examination Tsuen Tsin Middle School 1967-1069 High School Kowloon, Hong Kong EMPLOYMENT: Waiter June 1979- Nov 1.979 Emp o er: China Night Restaurant Duluth, Minnesota Student Librarian . Part time 1977, 1978 Employer: UMD Health Science Library Duluth, Minnesota Chief Marketing Supervisor 1975 Employer: International Trading (H.K. ) Co. , Ltd. , Hong Kong Sales Supervisor 1974 (July-September) Employer: Sing Hing Advertising Company, Hong Kong Group Social Worker 1974-1977 Employer: Kai Oi Church Youth Center, Kowloon, Hong Kong Night Manager and Custodian ] 977-8] Employer: University of Minnesota-Duluth,MN - 2 - • RESEARCH "Inflation in Hong Kong" (1974-1975) EXPERIENCE: Project emphasized various solutions to the inflation problems of Hong Kong. "Setting Up a Supermarket" at Shamshupo, Hong Kong (1975-1977) This was a real project outlining the "how to" of setting up a supermarket in a particular building where the cost would be lowest and the profit the highest. "In Depth Analysis of the Karon Dress Store in Duluth, Minnesota" 1979 This was a real project for the graduate course, Business Policy, and involved the financial difficulties of the Karon Dress Store. The purpose was to evaluate all the facets of the business to determine the feasibility of continuing the business or liquidating. Graduate Research Assistant for Economics Department My job function was to set up an on-line SPSS computer program for the undergraduate students in the School of Business to practice the tools they learn in economics analysis. Statistical Clerk for Lake Superior Basin Studies at UMD The Urban Campground Survey, Duluth, Minnesota, that I did was published in January, 1981 . Graduate Research Assistant for Bureau of Business and Economic Research, UM D. I have received a grant from Minnesota Power Company to do a survey from August 1980 to Nov 1981 . It is called "Electric Consumer Outage Cost. " The objective is to find and determine the dollar value of electrical outage cost to customers (residential , small manufacturers, large manufacturers, farmers, retailers, government departments, and institutions) in MP's service area. The purpose of this study is to provide management data to have a cost and benefit study to determine the amount of electricity supply and the optimum reserve margin to its customers. AOTI'JITIM : U.M.D. Karate North C1ub.(P,lrt-time instructor) Amateur boxing - Bantam Weight Champion, 1975, Kong Kong. Active member of Lutheran Readers Club; served as Chairman, 1974. Form 5 Class Chairman (senior high school) Active member of Chinese Chess Club; chairman, 1971. REFERENCES: Credentials may be obtained from: Counseling, Career Development and Placement University of Minnesota, Duluth 139 Administration Building Duluth,. Minnesota 55812 Telep.cne: 218/726-7985 A subsidiaryy P of 1k•VAC: Inc mon wows ucG 620 MENDELSSOHN AVENUE + MINNEAPOLIS,MN 55427 1 416, IV ED 10 May 1982 MAY 2 1 1982 CITY OF SHAKOPEE Mr. Jim Anderson City Administrator 129 East 1st Avenue Shakopee, MN 55379 Dear Mr. Anderson: Enclosed is my personal resume I used two years ago when looking for a sales position with an energy related firm. I eventually chose Mon-Ray/DeVAC high performance window systems in September of 1980. I corked as both a commercial and residential salesman for 1 year. I am now a District Manager with Mon-Ray and handle a dealer network in Minnesota, Wisconsin, North and South Dakota and Iowa. I am also involved with commercial selling and call regularily on architects and engineers involved with building renovations. Although I travel regularily, I would like to serve the community of Shakopee and am pleased with your aggressive action regarding energy awareness. I will be happy to meet with you at your convenience. Sincerely, e7(1-,'67? /06_ Loren Wolfe Regional Sales Manager LV/lt Enclosure PERSONAL RESUME LOREN D. WOLFE 314 Shawnee Trail Shakopee, Minn. Telephone: 445-5492 Personal Age 30, Married, 2 Children, Height 5 '10" Weight 155, No Physical Limitations. Objective Salesman. Long-Range Goal: to sell and or design the best energy efficient equip- ment on the market. Education Shakopee High School Grad. 1968 2 years Normandale Jr. College (sales&mrkt. ) Pennsylvania Life Sales Course Red Cross W.S .I. (water safety instructor) Misc. univ. extension class (energy related) Hardlines salesman 7 years Experience I have studied air leakage and conduction and am familiar with the codes relating to r and u values. I have an excellent phone voice. I know the principles of selling, and how to close a sale. I enjoy public speaking. (when prepared) Currently working in retail hardlines. I have done extensive retrofitting to my own home. Interests Boy Scouts (asst. scoutmaster) Music, Christian music= guitars & vocals Swimming and running I enjoy all sports. References Ron Ward Asst. Principal 9194 Eagle Creek Blvd. Shakopee, Minn. 55379 Wally Kopisca C . P. A. Rural Route 2 Shakopee, Minn. 55379 Dick Keuster Sales Rep. 20814 Iteri Av. W. Lakeville, Minn. 55044 Ray Krueger Minister 919 S . Lewis Shakopee, Minn. 55379 RECE%VED MAY 111982 CITY OF 311MWEE May 11, 1982 Dear Ms. Andre, Per our telephone conversation, I am enclosing a resume of my past work experience. I think the engineering backgr >und will be of benefit to the Energy and Transportation Commission. I am presently employed by Thermo-King in Bloomington. Sincerely, �c;11i x 6 -et-'-) u ` Cobert J. Ziegler 1077 Merrifield Shakopee, Mn. 55379 Telephone: 445-3078 RESUME Robert J. Ziegler 1077 Merrifield Shakopee, Mn. 55379 Telerhone : ( 612) lil15-3078 Position: Designer (Mechanical) Emnloyment : June 1974 - Present Kawasaki Motors Corn. 650 Valley Park Dr. Shakopee, Mn. 5379 Mechanical Designer, New Product Research and Development Assist management in the creation of new design concepts and resolve existing design problems. Co-ordinate with nroto-shop and manufacturing engineering to im dement designs from proto-type through pr. oducti -n release for manufacturing. In performing the major function, some of the specific duties I performed while with Kawasaki Project responsibility for model line. Assisted data processing and engineering to convert manual to computer Bill of Material. Co-ordinated with document control to keep engineering Bill of Material current. Directed drafters and checked drawings on a project basis. Worked with manufacturing engineering to solve Production problems when related to product design. Worked with outside vendor, when necessary, to complete assigned project. Kawasaki hed a small. engineering ( Product Research and Development) staff that required duties covering design through detail, engineering release and engineering change. In addition to engineering function, I did limited com ,uter work. a►vvcsl v v. Ziagier t 66Uin; -2 - Employment : Nov. 1973 - June 19�4 Control Data Corp. Digital Image System Nov. 1971 - Nov. 1973 MTS Sustems Corporation 8055 Mitchell Rd. Eden Prairie, Mn. June 1970 - Nov. 1971 Mammoth Div. , Lear Seigler Inc. 13120-B Co. Rd. 6 Minneapo , is, Mn. Feb. 1970 - June 1970 Contimemtal Machine Savage, Mn. Apr. 1967 - Feb. 1970 National -'oly Product - Viking Plastics Mankato, Mn. May 1966 - Apr. 1967 Kato Engineering Mankato, Mn. Military Service : May 1964 - May 1966 Electronic Re:;air, Aircraft Education: Loyola High School Mankato, Mn. Graduation: June 1960 Mankato Area Voc-Tech Sept. 1962 - May 1964 Normand ale Community Colle7e Night Classes, Business and Goneral Sept. 1970 - May 1974 RESOLUTION NO. 1982 A RESOLUTION ESTABLISHING THE ENERGY AND TRANSPORTATION COMMITTEE • WHEREAS , the City Councilof the City of Shakopee is the official governing body of the City of Shakopee and seeks to develop policies for the public good ; and WHEREAS , the City Council is concerned about the current national energy situation and recognizes the need for public and private energy conservation; and WHEREAS , the City Council would take to become more actively involved in establishing policies that promote improved energy effi- ciency , energy conservation and transportation systems ; and WHEREAS , an Energy and Transportation Committee can provide use- ful advice to the City Council in establishing such policies . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that : 1 . An Energy and Transportation Committee is hereby estab- lished, composed of seven to ten members , to be appointed by the City Council and to include representatives of the following interests in the City: a ) Industry b) Labor and Construction c ) School and Recreation d ) Agriculture e ) Community Organization( s ) f) Mayor or Councilmember 2 . Terms of the Committee shall be three years in duration, to be calculated from February, 1983 . Terms of the initial appointments shall be evenly divided between 1 , 2 and 3 years as to provide orderly transition for new appointees in the future . 3 . The Committee shall continue to exist as long as the Council desires special input on the areas of energy and transporation. Upon resignation of a member, a new member shall be selected and appointed by the City Council , maintaining to the extent possible the above listed inter- ests in the membership of the Committee. 4. Members of the Committee shall serve without compensation and shall not personally benefit from any projects of the Committee . They shall , at the first meeting in February or upon the seating of new appointees select a Chairman, Vice Chairman, and a Secretary from their own number with duties in addition to Committee membership implied by these titles . The Committee will also adopt at this time a program of action for the upcoming year to be submitted to the City Council for approval . A majority shall constitute a quorum for the transaction of business . Where not otherwise stated, business of the Committee shall be governed by Roberts Rules of Order, Revised . 5 . The Committee shall have the following charges : a) Explore specific and general energy and transportation needs in the community. b) Explore ways to save energy and/or improve efficiency in providing for the energy and transportation needs of the community. i Resolution No. 1982 Page Two c ) Monitor programs providing improved transportation systems and more efficient energy utilization at the local , regional , state and federal level and evalu- ate the potential application of such programs to the local community needs . d ) Recommend to the City Council programs , procedures or promotional activities that can be undertaken by the City to decrease energy usage or improve trans- portation systems in the community. e ) Promote public awareness of the need for energy conservation and educate the public regarding poten- tial means of conserving energy. Adopted in P J'K LAA} session of the City Council f y1e City of Shakopee , Minesota , held this , day of )///44,44A,/ 1982 . .4-t'- / 4,1 agyor of th- i ty Akkolpee ATTEST: q . City er a/,-/ Approved as to form this day of ; , 1982 . City Attorney \ f /� ,,",, , City of Shakopee :. � r' Np KOpf �, ivrz . '` pE POLICE DEPARTMENT � fes, Q� ... �,,.. �NNESol , r ^fl 476 South GormanV: , ,,, eill SHAKOPEE, MINNESOTA 55379 '.w" p `\� £ Tel 445-6666 ` ' a 14 fM 55374 << TO: Mayor, Council Members FROM: Tom Brownell SUBJECT : Propane dispensing equipment DATE: May 27 , 1982 INTRODUCTION On May 4 , 1982 , council approved the bid proposal for a 11, 000 WCG propane tank (s) and related dispensing equipment. Funding: $18 ,000. 00 Revenue Sharing Fund. BACKGROUND As required, the City Clerk advertised for bids and six were received on May 25 , 1982. 1. Valley Industrial Propane One used 11 , 050 WCG tank $21 ,000. 00 One new 12 ,000 WCG tank $27 , 000 . 00 2. Gas Supply Company One used 11 ,039 - 11,092 tank $23 ,920. 00 3 . Northern Propane Gas Company One new 12 ,000 WCG tank $25 , 830. 00 4 . Northwest Gas Company One used 11, 000 WCG tank $30 ,559. 32 5. Suburban Gas Company One used 18 , 000 WCG tank $30 , 879 . 00 6 . Standby Systems, Inc. One new 18 ,000 WCG tank $39 ,608 . 00 On May 26 , 1982 , apecifications were reviewed and bidders quoting 11, 000 WCG tanks were contacted to verify tank capacity. go cSE:Ve JO Jn- of t /DD Propane dispensing equipment Page -2- ALTERNATIVES • 1. Accept Valley Industrial Propane bid for one used 11 ,050 WCG tank $21. 000. 00. 2 . Reject all bids. • RECOMMENDATION Accept Valley Industrial Propane bid for one used 11,050 WCG tank and related dispensing equipment for $21,000. 00. COUNCIL ACTION REQUESTED Accept Valley Industrial Propane bid proposal for one used 11, 050 water capacity gallon propane tank and specified dispensing equipment for $21 ,000 . 00, and direct staff to execute appropriate agreement. /6 MEMO TO : John K. Anderson City Administrator FROM : = H . R. Spurrier City Engineer RE : Valley Industrial Boulevar South Project No. 1982-2 DATE : May 28, 1982 Introduction : Attached is a copy of the assessments for Valley Industrial Boulevard South. Background : Alternate No. 1, does not assess corner lots. Alternate No. 2, conforms to present assessment policy. Council must select one of the assessments at the hearing. In order to assist Council, an appraisal of benefit will be available at the hearing. HRS/jiw Attachments ESTIMATED ASSESSMENTS RURAL SECTION Name Front Footage Alternate I Alternate II Air Products • 301.43* $ -0- $ 11,367. 16 Valley Warehouse 837.76 40, 554. 52 31, 592.59 City of Shakopee 150. 00 7, 261 . 24 5,656.62 Ashland Oil 435.78 21, 095. 36 16,433.61 Helut Mauer 261.47 12,657. 32 9, 860.24 Scottland, Inc. 264.69 12, 813. 19 9,981.67 T. Pouliot & G. Ronald 360.83 17, 467. 16 13,607. 18 Pouliot Design Corporation 363. 00 17, 572. 21 13,689.01 Scottland, Inc. 363. 00 17, 572. 21 13,689.01 Valley Industrial Park 442. 36 21,413. 89 16,681. 74 Valley Industrial Park 254.72* -0- 9,605.69 Valley Industrial Park 265. 16* -0- 9,999.39 Valley Industrial Park 264.84* -0- 9,987.32 Progress Valley Park 350. 00 16, 942.90 13, 198. 77 TOTAL $185, 350.00 $185,350. 00 *Not assessed in Alternate I , Front Footage includes 100 Feet credit to Alternate I I . ASSESSMENT COMPUTATION Total Cost Rural Section $185, 350. 00 Front Footage -- Alternate I No assessment to corner lots 3, 828.89 Front Feet Alternate II 100 Foot credit to corner lots 4, 915. 00 Front Feet Alternate I Assessment Rate Rural Section $185, 350. 00 3, 828.89 F.F. $48.40829/F.F. Alternate II Assessment Rate Rural Section $185, 350. 00 $37. 71078/F.F. 4, 915. 04 F.F. ASSESSMENT AMOUNT Construction Cost Bid Amount $141, 583.80 *Construction Contingency ( 10 percent) 14, 158.38 Total Construction Cost $155, 742. 18 Technical Services Engineering Services for Design $ 6, 540.76 *Project Inspection and *Contract Administration (4 percent) 6, 229. 70 *improvement District Management (3.9 percent) 6, 124.20 Total Technical Services $ 18,894.66 Bond Costs *Bond Attorney $ 600. 00 *Fiscal Consultant 6, 000. 00 *Bond Rating 1, 100. 00 *Printing and Publishing 600. 00 *City Finance Department Administration ( 1 percent) 1, 713. 16 *Capitalized Interest 700.00 Total Bond Cost $ 10, 713. 16 Assessed Cost Total Construction Cost $155, 742. 18 Total Technical Services 18,894.66 Total Bond Cost 10, 713. 16 Total Assessed Cost $185, 350. 00 *Denotes Estimates /G' MEMO TO : John K. Anderson City Administrator FROM: H . R. Spurrier City Engineer RE : 1982 Seal and Chip Program DATE : May 28, 1982 Introduction : In 1981, City Council authorized the Engineering Department to perform a pavement analysis in order to identify the streets to be included in the 1982 Seal Coat Program. City staff has completed the preliminary analysis of the streets and the results will be displayed on a map in City Council Chambers for the meeting Tuesday. The analysis indicated overall Shakopee streets are not unlike most of the streets in• the rest of the Metropolitan area, in that they are wearing out rapidly. It was surprising to see such a large number of relatively new streets in average condition. Some of these streets were less than eight years old and already exhibited characteristics associated with streets nearly 20 years old. Most of the problems seem to be related to poor sub-grade or inadequate pavement structure. Inadequate pavement structure was sometimes the result of streets receiving more traffic than the pavement structure could accommodate, even 10th Avenue fell into this category. Originally, the recommendation was to include approximately 4 miles of seal and chip work. In reviewing the bid prices the City received on Valley Industrial Boulevard South, it appeared that one extremely viable option had been overlooked. That option was the option of a structural overlay to increase pavement strength whereby reducing the rate of which the pavement was wearing out. In view of the fact, that seal and chip was going to cost between $0.85 and $0. 95, and a rubberized asphalt was going to cost between $1.60 and $2. 10, the alternative of a structural overlay was more than competitive. As the map indicates, most of the problems occur in the older part of Shakopee. tvlany of the streets in need of major restoration work are streets that would be affected by the future Holmes Street Lateral Storm Sewer. The balance of the streets are county roads, or lie outside that area.. John K. Anderson May 28, 1982 Seal & Chip Program - 1982 Page -2- The remaining streets can be corrected in one of two ways, by reconstruction or by a structural overlay. A structural overlay would help 10th Avenue, Harrison and some of the side streets. Many of the remaining streets have unacceptable sub-grade materials and could not be helped with an overlay. Reconstruction will be the only alternative for these streets. If 10th Avenue was overlaid, it would be the recommendation of City staff that the drainage pans located across 10th Avenue be altered in order to reduce the impact to a reasonable level for an automobile traveling 30 miles per hour. The concept of an overlay is different than the concept originally approved by City Council in the 1982 budget. Therefore, it is the recommendtion of City staff that the 1982 allocation for seal and chip program be reallocated to a pavement overlay program. The overlay program and concrete pan replacement would be performed with the money originally allocated for the seal coat program. The actual depth of the overlay would be determined by further analysis by the Engineering Department. Recommendation : Direct the Engineering Department to prepare the necessary plans and specifications for the bituminous overlay of 10th Avenue between County Road 17 and Harrison Street. 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O.) 0 0 0) c0 CO W Co O 0) 0 0 v 00010 H {f} b4 N N (l) 3 H H �1 N W C') H- CD CZ -IN v CD C0 H cn ct H H O O CD CD c0 CoN)N) -1 Co 0 H I-5 = _ _'0 n U1 O 0) 0 4 HCP H CD N CA) WOU10w U) U) 0 ct 0) J -,10.) 0000 R° CD :d Co 01 -10 -ION tct C) 0 7J H) c) Cl)• CCD 1T1 = = _ m • cCD co Z _ _ = CD C CD 'r1 H [zT7 0 H C:.i z Pi 0 Z (1) H. C) (74 H. Cl H• CD Ill U) '1 U) N) J '-IN U1 (0 (A) n cn w 0-1 N . N 01 0 0) co Lf.; 01 0 0 m 0 co 0 0 v U1 r. Co Co (0 0) 0) 0) 01 CA) W W W w 0) U1 A (A) 1. /0 < MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Urban Corp Work-Study Agreement DATE: May 18 , 1982 Introduction Attached is an agreement with the Urban Corps for work-study students . Background This program is for a ten week period, maximum is $5 .40/hour of which we would be responsible for 30% which would be a cost to us of $648 .00. No one has contacted us regarding employment ; however, should we have someone this year who is interested and had a background fitting our needs , I would ask for your approval to hire them outlining the tasks we would have them working on. Entering this agreement now merely qualifies us to become a part of the program should we decide at some time to take advantage of it and budgeted funds be available . Last year Mike Pelach worked for us under this program. Recommended Action Authorize proper City officials to enter into an agreement for parti- cipation in Urban Corps Program between the City of Minneapolis and the City of Shakopee for the period July 1 , 1982 and June 30 , 1983 . JKA/jms _ 1982 - 1983 1- .f2/ AGREEMENT FOR PARTICIPATION IN URBAN CORPS PROGRAM BETWEEN CITY OF MINNEAPOLIS AND THIS AGREEMENT, entered into this day of , 19 by and between the City of Minneapolis (herein called "Urban Corps") and (herein called "Agency") . WHEREAS, the above named Agency, a public organization or private non-profit organization, desires to participate in the Twin City Area Urban Corps and in consideration for the assignment of Urban Corps student interns to the Agency, we do hereby agree to the following terms and conditions: 1. The Urban Corps shall have the right to approve or reject requests for student interns submitted by this Agency upon forms provided for that purpose by the Urban Corps. 2. The Agency will accept a student as an intern by completing and signing the Assignment section of the student's Urban Corps application form. 3. The Agency shall utilize such students as may be assigned to it in accor- dance with the specifications set forth in its written request to the Urban Corps , and shall immediately notify the Urban Corps of any change in nature of assign- ment, duties, supervisor or work location. 4. The Agency shall provide such students as may be assigned to it with a safe place to work and with responsible supervision. 5. The Urban Corps shall have the right to inspect the work being performed by such students as may be assigned to the Agency, and shall have the right to interview such students and their supervisors. 6. The Urban Corps shall have the right to require such students as may be assigned to the Agency to attend such general or special meetings, or to appear at the Urban Corps office, individually or as a group, as shall be necessary for the proper functions of the program. 7. In accordance with the requirements of Federal and State law, work per- formed by such students as may be assigned to the Agency shall: a. Be in the public interest; b. Will not result in the displacement of employed workers or impair existing contracts for services; c. Does not involve the construction, operation or maintenance of so much of any facility as is used, or is to be used, for sectarian instruction or as a place of religious worship; and d. Does not involve any partisan or nonpartisan political activity associated with a candidate, or contending faction or group, in an election for public or party office. 8. The Agency shall require such students as may be assigned to it to submit time reports and follow such other procedures as may be established by the Urban Corps. 9. The Urban Corps shall have the right to remove any student assigned to the Agency from said assignment and from the Agency at any time for any reason without prior notice, and the Urban Corps shall not be obligated to replace said student. 10. The Agency shall have the right to remove any student assigned to said Agency at any time with prior notice given to the student and the Urban Corps. 11. The Agency warrants that it is in compliance with the provisions of the Civil Rights Act of 1964 (P.L. 88-352, 78 Stat. 252) , and Minnesota Statutes Section 181.59 and Minneapolis Code of Ordinance, Chapter 139 and 141. 12. The Agency shall indemnify, protect and hold harmless the Urban Corps from all claims, causes or actions which may result from the assignments of students to the Agency subject to the extent authorized in M.S. 1980: Sec. 3.736. 13. The Agency shall obtain at its own expense Workman's Compensation insurance (or shall be self-insured under State Law) for such students as may be assigned to it under this Agreement. 14. The Agency shall pay to the Urban Corps 30% or other percentage figure L as agreed upon by identifying the percentage figure on the student's Urban Corps application form of the gross compensation earned by such students assigned and accepted by the Agency under a Federal or State program. The Urban Corps will bill the Agency, in accordance with bi-weekly payroll periods, for its proper share of the compensation of such students as may have been assigned to the Agency and performed work during said period. Student hourly rates are set forth in Section 14(a) , and 14(b) of this Agreement. a. Hourly compensation for students will be set at $4. 10 per hour for entering freshmen through receipt of a Bachelor's Degree, and $5.40 per hour for graduate students or other agreed upon hourly compensation rates not to be below the specified rates in 14(a) . b. A graduate student is defined for purposes of this Agreement as one who has received a B.A. , B.S. , or equivalent degree or is enrolled in the fifth year of a five year program. 15. At the election of the Agency, the Urban Corps shall place students to intern under a Stipend program. This option will be specified in the Assignment Form which the intern's Agency supervisor must sign before commencement of the internship. The Stipend rate which the Agency shall pay the Urban Corps is $30.00 per week for each week the student works. 16. At the election of the Agency, the Urban Corps shall place interns for whom the Agency will pay the intern's total compensation plus an additional ten percent (10%) for administrative costs. This option will be specified in the Assignment Form which the intern's Agency supervisor must sign before commence- ment of the internship. Agency rates for said option are set forth in Section 16(a) and 16(b) , of this Agreement. a. Agency rates for students will be set at $4.51 per hour for entering freshmen through receipt of a Bachelor's Degree, and $5.94 per hour for graduate students or other agreed upon hourly compensation rates not to be below specified rates in 16(a) . b. A graduate student 'is defined for purposes of this Agreement as one who has received a B.A. , B.S. , or equivalent degree or is enrolled in the fifth year of a five year program. 17. Performance under this contract shall commence on July 1, 1982 and ter- minate on June 30, 1983, unless amended in writing as mutually agreed upon by both the Agency and the Institution; however, either party may terminate upon sixty (60) days written notice. Based upon the statements and affirmations made by the Agency through the above document, the Urban Corps hereby agrees to the assignment of students to said Agency, in accordance with said document and the applicable laws and regulations. CITY OF MINNEAPOLIS AGENCY Name By Mayor Name By Mayor Address ATTEST: City State Zipcode City Clerk By Title COUNTERSIGNED: By Title Attest: City Comptroller-Treasurer Approved as to Legality: Assistant City of Minneapolis Attorney MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE: Reacquisition and Sale of Shakopee Old Wastewater Treatment Plant DATE: May 25 , 1982 Introduction Wallace Bakken, of Shakopee Countryside Recreation, has verbally requested return of the $4 , 700 cashier ' s check the City is holding as payment for the above property when the property is transferred from Metro Waste Control Commission to the City and subsequently from the City of Shakopee to Countryside Recreation. Background It is not the intent of Mr. Bakken to completely abandon the original request for acquiring the property. He just wants to slow down the process . The MWCC is making a number of demands as conditions of the sale and Shakopee Countryside Recreation wishes to consider the con- ditions and determine whether or not they desire to pursue the sale . In the mean time , Shakopee Countryside Recreation wishes to record their deed and can not do so until the taxes are paid. They would like the City to return their deposit in order that they may pay the taxes . Mr. Bakken also realizes that if in the interim the City is approached by another party to purchase the land in question, the City may con- sider the 2nd party ' s offer and is no longer committed to selling the land in question to Shakopee Countryside Recreation. Alternatives 1 . Deny the request to return the deposit . 2 . Authorize the return of the deposit . Recommended Action In light of the fact that Shakopee Countryside Recreation is being required to comply with conditions set out by the MWCC in exchange for the sale of the land and they are deliberating whether or not to pursue the sale , staff recommends that the City deposit the $4 , 700 check and turn around and return $4 ,000 to Shakopee Country- side Recreation, keeping the $700 .00 to pay for the appraisal . Action Requested Move that staff deposit the $4, 700 cashier ' s check from Shakopee Countryside Recreation ( $4,000 land, $700 appraisal ) for payment on the land known as the Shakopee Old Wastewater Treatment Plant and authorize the proper City officials to return $4,000 to Shakopee Countryside Recreation; and that the City is free to accept any future offers to purchase the property. JSC/jms May 17 , 1982 We the undersigned, are on the executive commi .te of the Shakopee Countryside Recreation, and hereby grant the city of Shakoaee permission to return to Wallace Ikken the cashiers check in the amount of 4700 .00 and hereby terminate our understanding to purchasefrom the city of Shakopee the property belonging to the Metro Waste Control Commission known asp Old Treatment Plant . David Raatt_ ;r • � � -r_ f, David Dunwell\ I ))1c1 ;i1 0: 2 J J Q ,�� w Wallace T/akken !i ."� ( • �: ✓'" 416°. .0 7101 7 ))7 Htt ' t-1 -tt--'- ' bra L f MEMO TO: Mayor City or and Council I dA FROM: John K. Anderson, City Administrator RE: Firemen' s Fitness Program DATE: May 28 , 1982 Introduction Councilmember Colligan and I met with the Fire Department to discuss their concerns about the program as directed by City Council . Concerns There were numerous concerns listed that , in summary, indicated that the Department was very hesitant about getting involved in such a program. Specific concerns of a more crucial nature dealt with: 1 . If a fireman signed the Workmen' s Compensation form for physically impaired persons ( item #7 on the 1982 Fitness Test Administration Guidelines attached to the April 12 , 1982 memo , it would negatively effect their status with their full time employer. Finding - Peter Nelson of the State Attorney General ' s Office said that signing the form does not in any way affect their full time employer. Mr. Ehlmanne in the City of St . Paul ' s Attorney' s Office , St . Paul , has a very through workmen' s comp program and has insti- tuted a fitness program in their fire department . He stated he could not see how the program would have any prejudice against the employee . He said if there was a prior injury that the insurance company would "ferret-it-out" and there would be no coverage for the portion of the current injury attributed to the prior condi- tion. With the program both the current and prior injuries would be covered with the latter paid by the State ' s insurance pool ( the pool currently is out of funds ) . 2 . What is the real purpose of the program? What will it accomplish that isn' t already being done informally through training sessions? Finding - The best response to these questions is the introduction to the St . Paul program (attached - note page #3 objectives ) . Granted we do not have a full time department such as St . Paul ' s but they already claim some measurable improvement in the number of workman' s comp claims since the program was started (average number of heart problems in Police and Fire Departments ) and St . Paul ' s program requires a fitness level equal to the average american male. Summary Councilmember Colligan and I did not discuss this since our meeting with the firemen nor has Dean seen the information I have collected in response to their questions . I do feel that we should go forward with some form of program. This can be discussed at the meeting. JKA/jms MEMO TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: 1983 Budget DATE: May 11, 1982 May 17, 1982 - Department Heads receive Capital Improvement Plan forms June 7, 1982 - Finance receives completed Capital Improvement Plan forms - Finance revenue estimates for Capital Improvement Plan June 15, 1982 - Preliminary Revenue Sharing hearing - Regular Council meeting date. June 17, 1982 - Capital. Improvement Plan to Planning Commission June 21, 1982 - Community Service review of Park Plan - Department Heads receive budget worksheets (including 5 year Capital Equipment) June 22, 1982 - Work session on Goals & Objectives and review Capital Improvement July 13, 1982 - Department Heads receive 6 month reports for budget request review - Council discusses and approves Goals and Capital Improvement Plan July 20, 1982 - Finance Director receives budget requests from Department Heads (2 alternative budgets @ "needs" and 10% cut from 1982) . - Finance Director receives final 5 year Capital Equipment list from Department Heads - Revenue Estimates are due at this time Aug. 24, 1982 - Council receives and discusses City Administrator's recommended 1983 budget. (Work session) Sept. 7, 1982 - Public Hearing - Proposed use of Revenue Sharing Funds-Regular Meeting - Last Date for Council to levy special assessments Sept. 14, 1982 - Reserved for discussion of proposed 1983 budget, if needed. (Work session) Sept. 21, 1982 - Council has regular meeting - Discuss and approve 1983 budget. Oct. 8, 1982 - Deadline for Certifying 1983 Tax Levy to County. Notes: 1) Legal deadline of 10/8/82 to certify levy to County. 2) 2 work sessions scheduled for Goals and Capital Improvement Plan (6/22/82 and 7/13/82) . 3) 2 work sessions on budget (including Capital Equipment) (8/24/82 and 9/14/82) Total of 4 special work sessions. GV/ijw q. MEMO TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Sewer Fund Position DATE: May 11, 1982 Council has requested information on the position of the sewer fund. The data below is as of March 31, 1982. Cash Cash on hand 12/31/81 $ 68,379 Cash on hand 3/31/82 $ 152,540 Note: The sewer actually did run out of cash early in 1982. Revenue Revenue per books 3/31/81 $ 222,687 Less 1/1/82 Accounts Receivable -155,195 Plus 3/31/82 Estimated Receivables 140,000 $ 207,497 1982 Budget $ 728,090 First Quarter Revenue 28 % of budget Note: 3 % of budget = $21,842 • Expenses 1982 Budget $ 686,695 Less MWCC -591,690 "Local" Costs $ 95,005 Expenses per books 3/31/82 $ 147,534 Less MWCC -141,643 Plus pro-rated depreciation 7,500 $ 13,391 Net 1982 Budget $ 95,005 First Quarter Expenses 14 % of budget Note: $10,000 budget for system maintenance occurs mainly in summer and $9,500 budget for billing occurs at year end, these two items are 21 of the "local" budget. John K. Anderson Sewer Fund Position May 11, 1982 Page 2 Note: The following are lump sum cash outlays that the sewer fund is budgeted to make in 1982 that are not part of the accrual basis expenses shown previously. Debt Service $ 49,300 Capital Equipment 28,000 S.A.C. Payments 5,000 Eagle Creek Deferment 6,750 $ 89,050 Summary: At this time, it appears that the sewer is proceeding as planned in the 1982 budget. Attached are graphs of cash balances and receipts for your information. GV/ljw attachment C:,,v1 04 S‘...o.4copte Stwev f.ard (1i f"' Cosmo Ia.a‘\4.%nce, VIS e O CXRO. t 5°i00o ` � �� °� ~ ` k / \ ` Mill VaSs000 ` ,/ P / e� `‘ p ilei / N. ° .15 1000 ' So,000 d5,000 s F h A M s' a Pt S o w 0 R,e,te:p t-S '16,000 4 5a,00C) 1.)4 6 1 000 ..1m. t,at \ .41/4 / - _amiss VIMO 15 ,000 % ° caiq /•� SC54000 ! tk \ 1/ . %.'-'.. ''' . ".. '/*/ N N. `I V T c h\ A M S 3` A 'S 0 N 0 uQ7)-1"-e--) //(;( ) MEMO TO: Shakopee Planning Commission FROM: Don Steger, City Planner RE : "Flea" Market at Raceway Park DATE : May 24 , 1982 Darwin Hentz , owner of Raceway Park, intends to operate a "flea" market , also known as "swap meet" at Raceway Park on a trial basis . He wants to conduct two or three such events on conse- cutive Saturdays to see if a flea market would be viable in this area. He checked with the City staff and the City Clerk determined that no special license is needed. The Zoning Ordinance obviously does not address such activities because of their temporary nature. Mr. Hentz is planning the first flea market for June 5th or 6th. The flea market will be totally confined within the fencing of the speedway . Parking and restroom facilities are provided. He estimated that the attendance should be far below the normal attendance of a race event . Because such events are common as accessory uses at other existing facilities, such as drive-in theaters, etc . , the City Planner and City Administrator determined that the flea markets should be allowed as planned . This item is, therefore, being presented to the Planning Commission as informational and no action is requested. DS/jiw