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HomeMy WebLinkAbout08/03/1982 MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Non-Agenda Informational Items DATE: July 30 , 1982 1 1 . The department of Economic Development has approved the $1 ,500,000 in IRB' s for the Cornelius Company Project (Rubber Industries Equipment) . 2 . George Muenchow and I have OK' ed the Jaycees transplating of up to 25 trees from our O' Dowd Lake property with its large number of small trees to Tahpah Park. 3. SPUC is appealing the excessively high $988 ,850 condemnation award by the commissioners for that portion of Minnesota Valley Electric Co-op in the corporate limits of Shakopee . 4. The Scott County Mayor' s and Administrator' s group has met with the townships now three times and will be presenting the material to the County Board in an evening meeting August 11th or 18th. All Councilmembers are invited. 5 . When asking staff at City Hall to check out a complaint please help us by clarifying whether or not the complaint ( on weeds , dogs , etc . ) has been previously made. Sometimes , because of a change in dispatchers, we get two policemen making the same call . 6 . Jim Karkanen said his crew has been instructed to clean up the paper, etc . alone the northern edge of Memorial Park. He also said the comfort station is cleaned seven days a week at 7 : 30 a .m. and rechecked at 2 : 30 p.m. on weekdays . It is not rechecked on weekends which would require more expense . Rechecking on weekends could be added to the ' 83 budget . 7 . Legal Action: a. The claim of Irene Ries of September 13 , 1981 against the City re : an injury on a sidewalk has been "closed without payment" by our insurance company. b. We have received a summons regarding a complaint by Rayoume Houle who, as an employee of Alex Newman Heating and Plumbing Company the contractor on the CR 16 utility project , sustained an injury as the result of an unmarked utility pole hole . We have forwarded this to SPUC . c . Attached is a letter from Rod' s office regarding the By-Pass appeal . The type of court review involved requires only a review of the records of the trial and no additional expense. Non-Agenda Informational Items July 30, 1982 Page Two 8. Attached is the monthly calendar for August . 9 . Attached is a two month schedule of writers of articles for the Valley News, City Hall Column. If you wish your article typed by staff , please submit it to Judy no later than the preceeding Friday. (Otherwise deadline is Monday noon. ) Please write 1-1/2 to 3 pages , typewritten, double spaced with one inch margins . 10. Attached is a copy of a letter appointing me to the Chamber Board of Directors . If you have any items you would like me to discuss with the Board please contact me . 11 . Attached is an up-date on the tennis court lighting issue . 12 . Attached is a copy of information describing America ' s Freedom Ride . The Mayor will do a proclamation and will greet them when they get to Shakopee. 13 . Mark your calendar now for the League of Cities Regional Meeting which will be held September 16 , 1982 in Maplewood at the Holiday Inn, I 694 and White Bear Avenue. The program is attached. 14. Attached is a memo from Tom Brownell following-up on the Charles TenEyck issue. This case may effect how well we can enforce the three car rule. We will keep you posted on any problems that develop. 15 . Attached is the State Auditor Arnie Carlson' s new Fiscal Health Program for Minnesota Cities . While Carlson is trying to get some political visibility out of the program I don' t believe that should obscure the real benefit such a program can have in the long run. Skim the first pages , Shakopee does well , then focus on the tables . 16 . Attached are the minutes of the July 8, 1982 and July 15 , 1982 Board of Adjustment and Appeals meetings . 17 . Attached are the minutes of the July 8, 1982 and July 15 , 1982 Planning Commission meetings . 18 . We have been notified that we were not ranked for LAWCON/LCMR funds for 1982 for the river front improvements we wanted. Staff will see if we can have a chance of funding if the pro- ject is not tied to the regional trail . 19 . Attached is a rate increase notice for N.W. Bell . If I hear nothing from you this will simply be discussed at the Suburban Rate Authority meeting. RECF9VED Law Offices of JUL 2 01982 KRASS, MEYER, KANNING, & WALSTEN Chartered CITY OF SHAKOPEE Phillip R. Kress Shakopee Professional Building Barry K. Meyer 1221 Fourth Avenue East Philip T. Kenning Shakopee, Minnesota 55379 Trevor R.Waisten (612)445-5080 July 16, 1982 Mr. John Anderson Shakopee City Administrator 129 East First Shakopee, Minnesota 55379 Re: Jackson Township Board of Supevisors and Mary Breckrich and Donald Beckrich v. Scott County Board of Commissioners and the City of Shakopee: Prehearing Order Dear John: Please be advised that the prehearing conference was held on Wednesday, July 14, 1982, in the Supreme Court, before Justice George Scott in the above matter. Justice Scott determined that the matter shall be submitted to the Court on the basis of the record before it. In otherwords, the Court will not require the parties to submit additional briefs on an appellate level . Also, Justice Scott indicated that the matter will be heard en bonc (before the entire Court) without oral argument. I shall advise you of the outcome of this matter as soon as I am in receipt of the Court's opinion. Thank you. Yours very truly, KRASS, MEYER, KANNING & WALSTEN CHARTERED Trevor R. Walsten TRW/sm N N) I—' ..O N In CO I--' L7 , 6 • K W N 00 'T1 cr C7 C 1-d 0 (....) •• 1--'• •• 0 d'• \-O •• rt N) Ort 0 wH• 0' 0 (D 00 0r-, r- H• H. O t7 Z7 rr C) O co• • C/) • H. O 'ri0m 0 n Y • . Ht • .r ...._ i. W '- td N v C X I--' C) C2 I--' J C r-' •. O C •• H" 'Z1----I •• ) H0 •• H• Z ..0 011 Crr > 004ct 0rrY O AOR OC O I—'`C Oy '0 CD ct 0 n 0 C 0 '0 n 0 • � • • 0G� 0 < G 0Gacn 0Ci • H• • 0 • 0 • y 0 C) C) C) K H• H• H• N) I---' Hi '-d ^ 0 r-' uu co 0 0 rr O I--' - n r-, (D E ›- I" > Lu C2 rr rr 0-, (-)tx O rrE Z ti cf.) 0 4- H• 0 H •• < C) 0 O (D v C/) I-' • '0 0 K 00 • ti • N I-, • N v c'2 rd . N •• 0 I—'ln 0 0 H H• 71 • m 0 C4) H•CfQ U) • 0 ti K N t N) I—' u 0 W rLj !-i ti a K • r - ---r N N I--' CO I—' v Cl :z• 7 City Hall Column Deadline to Clerk Author Issue for typing Staff 7/28/82 7/23/82 Eldon 8/4/82 7/30/82 John Leroux 8/11/82 8/6/82 Staff 8/18/82 8/13/82 Jerry 8/25/82 8/20/82 Staff 9/1/82 8/27/82 Dean 9/8/82 9/3/82 Staff 9/15/82 9/10/82 Dolores 9/22/82 9/17/82 Staff 9/29/82 9/24/82 Gloria 10/6/82 10/1/82 R EC E4 . SHAKOPEE AREA U 5 1982 �?'/.%G �1���t� CIS' �- Or� S���t�.lfCi'EE 6 P.O. BOX NO. 203❑ SHAKOPEE, MINNESOTA 55379 ❑ (612) 445-1660 July 13, 1982 Mr. John Anderson City Administrator City Hall 129 East First Avenue Shakopee, MN 55379 Dear John: I would like to take this opportunity to welcome you to the Board of Directors of the Shakopee Area Chamber of Commerce. Your support and coiinuitment to this organization will, I feel, be more than compensated by the wide range of topics presented to the Chamber on an ongoing basis. I am sure you have and will con- tinue to discover many aspects of the City of Shakopee and the surrounding communities both interesting and informative. We feel privileged to have you add your experience and point of view to our direction. I will pass along more information regarding the Chamber and the Board's activities in the coming months. We look forward to seeing you at the next Board Meeting. Sincerely, SHAKOPEE AREA CHAMBER OF COMMERCE i Gary Eastlund President GE:cs 11akapee C!Iummunitj 'eruiren /1 129 Levee Drive Shakopee, Minnesota 55379 Phone 445-2742 Community Education • Parks • Recreation • Adult Education George F. Muenchow, Dir. 7/26/82 John Anderson: Stt.ieQt : Tennis Court Lighting Lou informed me a week ago that the Tennis Court Lights are now working. I met with him and got them set at a rate that we previously agreed upon to make them economically feasible. I talked to Ron Ward and he is not enthused about getting involved at all any more including the collecting of the money and paying the bills. So we need to get together with Jack Cole to set up getting a written agreement on this matter. None ever was done previously (sound familiar?). He's been out of town and I will continue to try to reach him as soon as possible. G.F.M. A COOPERATIVE EFFORT OF THE CITY OF SHAKOPEE AND SCHOOL DISTRICT 720 SINCE 1954 • ,� America's • .../NOK Freedom Ride Ar,t. i )(. 7:1074 ,qrit 77, .Ag�!OrI 1°,511 rErr2 AAA A Si.y fn 4,c.77 ,t k.:. it ._.i:S' 2 Lt 1982 June 18, 1982 CITY OF 61-1.41c0Pa America's Freedom Ride is coming to you and we cordially invite you to join in this historic journey! A group of cyclists is riding a 9,500-mile continuous bicycle journey through all 50 states to celebrate the spirit of American freedom and help inaugurate the 200th anniversary of the Constitution. America's Freedom Ride, as the 47-day event is called, is the first public participation project to commemorate the Constitutional Bicentennial. America's Freedom Ride will begin on August 2 in New York, pass through your town (on the date, time and route below), and culminate on September 17, Constitution Day with a gala procession in Washington, D.C. ending in a ceremony at the National Archives where the Constitution is kept. We have developed in cooperation with the National Association of Towns and Townships a program of action for town mayors. A major component of the program is the "pony express". In a ceremony at town hall with the mayor, the passing core cyclists will pick up your town's message on "our Constitutional heritage of freedom and the future of America". This message should be addressed to "The Speaker of the House, The President, and the Chief Justice of the United States, Washington, D.C." and you should be the signator on behalf of the local citizens. At the end of the journey, your town's message and hundreds of others will be presented by America's Freedom Ride to representatives of the three branches of the Federal government in Washington, D.C. and offered to the National Archives for the historical record. • The attached checklist contains other recommended actions in connection with this historic journey. You join governors and heads of some 1,000 communities on the route in support of America's Freedom Ride. We look forward to hearing from you by July 18 by way of the enclosed confirmation letter and to meeting you when America's Freedom Ride passes through your state. Sincerely, , f. 11 �,yI qnl ��, !c. 1 DIE ( OO':OO-24 Ov % 1.-• �.1 ��1+ v a h . . , i• Neil Vineberg EN E ,, N(; VIA, , , Executive Director • America's Headquarters Of tice Washington Liaison Offce 150-11 85th Avenue 1245 Fourth Street SW East 407 mass" Freedom Ride Jamaica NY 11432 Washington DC 20024 212 2917913 202 554 0999 ATTENTION: Mayor, Local Official or Public Relations Director s TOWN PARTICIPATION CHECKLIST The following actions are recommended to support the passing of America's Freedom Ride through your Town. Kindly indicate on the attached confirmation letter those actions you plan to complete. E "Pony express"letter to heads of three branches of the Federal Government: Your Town's message on "our Constitutional heritage of freedom and the future of America" should be addressed to the Speaker of the House, the President and the Chief Justice of the United States, Washington, D.C. The Mayor or local official should be the signator on behalf of the local citizens. This message should be presented to the cyclists if a ceremony is arranged or mailed if there will be no ceremony. Proclamation: An "America's Freedom Ride Day" proclamation may be issued to coincide with the ' arrival of the cyclists. (See attached sample.) This document should be presented to the cyclists if a ceremony is arranged or mailed if there will be no ceremony. Ceremony: A ceremony at the Town Hall with the Mayor or local officials may be arranged to meet and greet,the arriving cyclists. The above two documents may be presented, as well as a key to the Town (if appropriate). Members of local community groups, the chamber of commerce or town council should be invited to attend. A press advisory should be issued to the media. — Local participation: We are inviting local cyclists—including you, your family, friends and staff—to — ride with us from the Town line to Town Hall. You may wish to contact interested local groups and invite them to join us on their bicycles as we enter the Town on the designated route. Police escort: Ensuring the safety of the cyclists is important. We therefore request that the Town Police provide front and rear escort service for the America's Freedom Ride core cyclists from the Town line as we enter and until we leave their jurisdiction. We will have 2-6 cyclists on the road plus any local riders from your Town. KINDLY CONTACT THE POLICE CHIEF WITH THE ROUTE AND TIME OF OUR ARRIVAL. THEY SHOULD BE READY FOR A POSSIBLE EARLY ARRIVAL. Indicate name and telephone number of police contact on the confirmation letter. Press release: You may announce your ceremony and appropriate arrangements to the local media, including transmittal of the texts of the "pony express" message and proclamation. (A draft release is enclosed.) C ,Focal point: Kindly identify a focal point contact in your office whom we can call to confirm arrange- ments. Include this information on the confirmation letter. nConfirmation letter: Kindly return this letter as soon as possible before July 18, 1982. IMPORTANT—Our advance team will contact you by telephone 1-2 days prior to the arrival of the cyclists in your Town. They will confirm all outstanding arrangements and answer any last minute questions you may have. Should the cyclists be delayed as a result of unforseen circumstances, the advance people will provide the up-to-date information. 1, thi in SAMPLE PRESS RELEASE gyp' \ .Fr?edcm Ride For release 1-2 days prior to arrival of cyclists .3,.71/.!A °,_r 9,500-MILE BICYCLE JOURNEY FOR FREEDOM COMING TO (NAME-OF-CITY). MAYOR TO GREET CYCLISTS AT CITY HALL. A group of 10 cyclists, joined by tens of local cyclists, will arrive in (place) on (date) at (tee), entering the city on route (/6i),+as part of a 9,500-mile continuous bicycle journey through all 50 states to celebrate the spirit of American freedom and help inaugurate the commemoration of the 200th anniversary of the United States Constitution. Mayor (name) will offer a proclamation and a message on our Constitutional heritage of freedom and the future of America which will be carried by the cyclists to representatives of the three branches of the Federal Government at the journey's conclusion. Local cyclists and city officials are invited to join the group of cyclists as they enter the city and ride with them to City Hall. "America's Freedom Ride," as the 4?-day event is called, is the first public participation project to com- memorate the Constitutional Bicentennial. America's Freedom Ride will begin on August 2 in New York and will culminate on September 17, Constitution Day, with a gala procession through Washington, D.C. "America's Freedom Ride expresses our love for our country and our faith in the spirit that makes it great," said Neil Vineberg, Executive Director, in announcing the event. "By cycling through the cities and countryside, we hope to encourage physical fitness and inspire our fellow Americans to experience a more productive and harmonious relationship with their environment," he declared. After leaving New York, the cyclists will loop through New England and then pedal south through Maryland. They will then cycle cross-country to Seattle and dip south into California. From San Francisco, emissaries will fly to Alaska and Hawaii to participate in local bicycling events, while the rest of the group heads eastward through the southern half of the country, ending up in the Nation's Capital. The route passes through 73 principal cities and some 1,000 communities. A core group of cyclists will travel the entire route, riding in pairs in three-hour shifts. Vineberg pointed out that the trip will also encourage bicycle transportation throughout America because America's Freedom Ride will complement and support efforts of existing bicycle organizations to improve the roads and streets for bicycling, to insure safe and direct access for bicyclists, and to foster a harmonious sharing of the highways. America's Freedom Ride will contribute, through achievement of its objectives and through national and international bicycle events, to improved bicycle transportation in America as a Constitutional "birthday gift to the Nation." "Our journey requires individual initiative and mutual cooperation to succeed." Vineberg said. "These hall- marks of the American spirit have been nurtured and protected by our Constitution, which will be 200 years old on September 17, 1987." America's Freedom Ride is a publicly supported project. Information requests should be accompanied by a stamped, self-addressed envelope. Write to: America's Freedom Ride, 150-11 85th Avenue, Jamaica, NY 11432. l3 1111 111 WO league of minnesota cities 1982 AGENDA LEAGUE OF MINNESOTA CITIES REGIONAL MEETINGS Afternoon Program* Thomas Thelen, Field Representative, presiding. 2:30 - 4:30 p.m. (with coffee break) : Presentation on and demonstration of the Small City (microcomputer) Management Information System (for utility billing, budget/accounting) . 4:30 - 5:30 p.m. : Round table discussion on items and problems of mutual interest. Evening Program 5:30 - 6:30 p.m. : Social Hour (optional, check with host city as to whether a social hour will occur) . 7:30 - 7:30 p.m. : Evening Meeting a) League building completion report. b) Update on the city-state financial relationship. c) Explanation of the League of Minnesota Cities Legislative Action Program, including the policy development process and legislative district activities. d) Answers to questions about local problems of general interest by a League attorney and other League staff. 9:30 p.m. : Adjourn. NOTE: Copies of the most frequently requested League publications will be available. A different afternoon program will be given at the Maplewood regional meeting to be held in cooperation with the Association of Metropolitan Municipalities. 1 83 university avenue east, st. paul, minnesota 55101 [61 2) 227-5600 City of Shakopee POLICE DEPARTMENT 476 South Gorman Street SHAKOPEE, MINNESOTA 55379 Tel. 445-6666 TO: John K. Anderson FROM: Tom Brownell SUBJECT: Information/cleanup DATE : July 26, 1982 I have requested the City Attorney to continue the court appearance in reference to Charles TenEyck until a variance request is con- sidered in September 1982 . On July 19, 1982 a warning ticket was issued to Leo McGovern, reference Section 11. 60 , subd. 2 .B, storage of inoperable vehicles or vehicles without current plates in a residential district. He is also in violation of Section 11. 26 and 11. 27, subd. 4.A, maximum of three uncovered off street parking places permitted per dwelling unit. I have been advised that Mr . McGovern has also been advised that he may apply for a variance, therefore no further action will be taken at this time pending a variance request disposition. J O �EZ(7E 20EECE P D1 0# RECjv �.,� ��- �� ,.,:, STATE OF MINNESOTA t JUL 9I982 1 , of_ = � OFFICE OF THE STATE AUDITOR 0:-:-. ?.dN. SUITE 400 555 PARK STREET CITY of SI�iAKO 'EE �;-� SAINT PAUL 55103 ARNE H. CARLSON 296-2551 STATE AUDITOR TO: City Administrator FROM: Beth Sullivan, Director Minnesota Financial Health Program TOPIC: Final Review of Financial Health Profile Enclosed is a tentative final copy of your city' s financial health profile , along with an analysis which has been written in the form of a press release. Please take time to review this material. It will become public information if we do not receive any response from you in two weeks. If you see any inaccuracies contact us as soon as possible. Any data that you do not understand will be explained prior to releasing the information. We will also be happy to add any additional information that you may have which will help to better explain your city' s financial position. Contact either Beth Sullivan, Jean Druker, or Paul Damrow at your earliest convenience (612) 296-2551. pt Enclosure AN EQUAL OPPORTUNITY EMPLOYER g ARNE H. CARLSON STATE AUDITOR SUITE 400; 555 PARK STREET ST. PAUL, MINNESOTA 55103 For Further Information : FOR IMMEDIATE RELEASE (612) 296-2551 STATE AUDITOR ARNE CARLSON ISSUES SHAKOPEE FISCAL HEALTH PROFILE State Auditor Arne Carlson today released the Shakopee Fiscal Health Profile. Commenting on the intention of the study, Carlson said, "The report provides a framework for assembling financial information. As one takes a historical look at expenditures and revenues , policy makers can analyze trends within the city without comparisons to externally developed standards . " Carlson' s office has designed the Minnesota Financial Health Program (MFHP) which is a five-year fiscal stress analysis (1976-1980) for cities with populations of 2 , 500 or more. Carlson, Beth Sullivan, Director of MFHP, and Paul Damrow, Fiscal Analyst for MFHP, are providing assistance to cities in the interpretation of their profiles. Carlson' s analysis began with a description of Shakopee ' s demographics and their effect on the city' s finances . "First, the value of taxable property increased 41. 1% , a rate slightly less than the five-year inflation rate of 45 . 8% . However, a 20% growth is seen in this financial indicator between 1979 and 1980. " "Then, we note that a substantial amount of building appeared to have taken place in 1979 and 1980. "And, finally, the population increase of 44 . 3% between 1970 and 1980 was accompanied by a 76 . 84% expansion in the number of housing units. " Carlson continued, "Very often we find that population growth greatly increases current expenditures. " "But in Shakopee, current expenditures increased at a rate close to inflation which indicates, to us, that expenditures have been tightly controlled. " "Revenues more than doubled during the period of the study. A major portion of the increase came from revenues raised by special assessments and from state and federal sources. " "But, " Carlson said, "it is good to see that a healthy pattern exists between actual total revenues and current expenditures. " "The substantial revenue increase in governmental funds was due to the urban development grant received by the city in 1980 . " "And total expenditures, which includes capital outlay, rose by 53. 44%, only slightly more than inflation. " Carlson, in referring to the undesignated general fund balance , pointed out the importance of reserve funds. "We have been encouraging cities across the state to maintain adequate reserves as those are the funds needed to provide flexibility in terms of cash flow and withstanding cutbacks from state and federal aid. " "Shakopee' s undesignated general fund balance has increased steadily since 1976. The 1980 balance of $654 ,561 represents 12 . 98% of total expenditures for the year and approximately one-third of what was received from intergovernmental sources of revenue. " Carlson then discussed the per capita debt burden. "The $820 for 1980 is very close to the average of $833 for cities in the same size category. " " It is also important to note that almost all of the debt is in special assessment bonds. These obligations , while backed by the full faith and credit of the city, in most cases will be paid by the property owners who benefited by the improvements . And about 10% of the debt will be paid by the general taxpayer. " Carlson further noted that interest income has shown meaningful growth and exceeds interest expense. Concluding his report, Carlson issued a word of caution. "The financial management should keep an eye on uncollected taxes as delinquencies are running slightly higher than in other metro communities, especially in 1980 when the percentage was 9 . 28% . Although you may not be able to directly affect this indicator, you must be aware of the problem when making your financial plans. " Carlson, in explaining the Minnesota Financial Health Program, said, "This is a service our office performs for municipalities that identifies, measures and helps to resolve fiscal problems. When public officials can monitor debt service payments , enterprise funds , revenues and expenditures and other financial indicators over a period of years, they will be able to identify areas of fiscal stress. " "It is important to look at the trends over the period from 1976 to 1980 for which the data was collected and not to look at the individual years. There are variables such as special assessments or grants that show large increases in one year, and the decrease the following year should not be a cause for alarm. We look at the whole five year period and the patterns of revenues and expenditures for those years. The profile proves a framework for assembling and analyzing information. Although some conclusions have been drawn from the study, the actual reasons can only be answered by those who manage the financial affairs of the city. " Carlson said that very few comparisons among cities will be made at this time as there is no uniform method of reporting financial data. Municipal Finance Officers felt that in order for the Minnesota Financial Health Program to be a successful and helpful project a uniform chart of accounts and reporting needed to be developed. Therefore, the Office designed a new and comprehensive chart which was distributed to Finance Officers in December. This effort will enable future profiles to contain more comparative information. Carlson reported that Minnesota is the first state in the nation to provide the data such as that presented to cities through the Minnesota Financial Health Program, and that cities can use this report as a basis for future fiscal planning. "Our Office stands ready to provide assistance , when requested, to cities as they seek alternative courses of action to improve their overall financial health, " said Carlson. -30- A(/ PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, Minnesota July 8 , 1982 Acting Chairperson Koehnen called the meeting to order at 7 :30 P.M. with Comm. Czaja present. Absent : Chrmn. Schmitt, Vice Chrmn. Perusich, Comm. Coller, Rockne and Stoltzman. Also present : Acting City Planner, Jeanne Andre . Comm. Koehnen stated that due to a lack of quorum, the meeting will have to be adjourned to July 15, 1982 and all business on the agenda will be conducted at that time . Czaja/Koehnen moved to adjourn to July 15, 1982, Motion carried. Meeting adjourned at 7 : 31 P.M. Jeanne Andre Acting City P.anner Diane Beuch Recording Secretary /([13 PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APYEALS ADJ. REG. SESSION SHAKOPf' , MINNESOTA JULY 15, 1982 Czaja/Koehnen moved to open the Board of Adjustments and Appeals at 10:38 P.M. , after recessing the Planning Commission meeting. Motion carried unanimously. Present were Chrm. Schmitt, Comm. Rockne, Koehnen, Czaja and Stoltzman. Absent were Comm. Coller and Perusich. Also present were Jeanne Andre, Acting City Planner and Cncl. Vierling. Czaja/Stoltzman moved to approve the minutes of June 24, 1982 as kept. Motion carried unanimously. PUBLIC HEARING - MARSCHALL VARIANCE (PC 82-26V) Koehnen/Czaja moved to open the public hearing regarding the request for a five foot variance from the sideyard setback requirements in order to construct a -13 foot wide addition to the side of his house. Motion carried unanimously. The Acting City Planner stated the applicant is Duane Marschall, 300 Jackson Park. She added the applicant had previously applied for and been denied permission to build over an easement on his property, which creates a hardship to the develop- ment of his parcel by restricting development of the westerly 50 feet of the parcel. Chrm. Schmitt asked if there were any comments from the audience, and there were none. Czaja/Koehnen moved to close the public hearing. Motion carried unanimously. Koehnen/Rockne offered Variance Resolution No. 308, granting a 5 foot variance from the sideyard setback requirements :in order to add onto the existing structure, and moved its adoption, based on hardship. Motion carried unanimously. Chrm. Schmitt informed the applicant of the 7 day appeal period, after which the building permit may be applied for if there have been no appeals. PUBLIC HEARING - AUTO CENTRAL SUPPLY VARIANCE (PC 82-28V) Koehnen/Stoltzman moved to open the public hearing on the request for a variance from rear yard setback requirements, and a variance from parking requirements, in a B-1 Zone, Motion carried unanimously. The Acting City Planner explained the applicant is Auto Central Supply located at 338 E. 1st Avenue, which is grandfathered in with its existing use and structure. She stated there was an option of granting a variance from the residential use to allow parking on the adjacent lot to the business, where parking now exists. But she added that would be a separate variance request which may have additional con- ditions and could not formally be considered by the Board until their next meeting. The staff recommendation is to deny both the requested variance for parking and for the rear yard setback. Board of Adjustment & Appeals -2- July 15, 1982 Considerable discussion ensued regarding re-zoning that entire block where Auto Central Supply is located, because none of the structures on that entire block meet existing code. Chrm. Schmitt stated that block is contiguous and adjacent to the B-3 Zone, so it would be reasonable to re-zone it. Further discussion was held with the owner regarding area available for parking for the business. The owner asked if the parking variance granted in 1977 was still applicable. He was answered that if a variance is not used in one year it is null .nd void. It was determined the primary business of Auto Central Supply is wholesale, and therefore the number of parking spaces required is only 6. Comm. Czaja stated that because there have been no problems in the past with parking and the employ- ment was not to increase, he is not too concerned with granting a variance from the specified number of parking spaces. It was also discussed that this is a corner parcel, and therefore has ample on-street parking. Chrm. Schmitt asked if there were any comments from the audience, and there were none. Czaja/Stoltzman moved to close the public hearing. Motion carried unanimously. Stoltzman/Rockne offered Variance Resolution No. 310, granting a 12 foot variance from rear yard setback requirements and granting a variance of 4 parking spaces from the required 6 spaces, recognizing the primary use of the business is whole- sale, and moved its adoption. Motion carried unanimously. PUBLIC HEARING - DELANEY VARIANCE (PC 82-29V) Stoltzman/Koehnen moved to open the public hearing on the requesi for a variance from lot area and lot width requirements on Lot 8, Block 3, Horizon Heights, a lot of record prior to April 1, 1978. Motion carried unanimously. Mike Wiley stated he has a set of plans for this proposed home for this parcel. He stated Mr. Delaney has hired an architect to design this home which is over 2,000 square feet and comparable to other homes in the area. He added that Mr. Delaney has spent a considerable amount in architect's fees, and when he started his plans he wasn't aware a variance would be required. Chrm. Schmitt asked if there were any comments from the audience, and there were none. Rockne/Czaja moved to close the public hearing. Motion carried unanimously. Czaja/Koehnen offered Variance Resolution No. 311, providing for a maximum 1.7 acre variance from lot area requirements and a maximum 30 foot variance from lot width requirements for the construction of a single family residence, based on hardship, and moved its adoption. Motion carried unanimously. Chrm. Sclimitt requested staff to make a survey of all platted lots in the community that would fall under the conditions of this lot relative to lack of size to meet current requirements. He also asked for legal opinion on platted lots that the City has rendered unbuildable by its subsequent ordinance regarding lot size. He thought at this time it would render undue hardship on this particular applicant to wait for a clarification of the City's policy. Board of Adjustment & Appeals -3- July 15, 1982 EAGLE CREEK JUNCTION 1ST ADD'N VARIANCE (PC 82-22V) Rockne/Koehnen moved to remove from the table discussion of the request for a 20 foot variance from sideyard setback requirements to provide for a zero sideyard setback in an R-4 Zone for a condominium unit on Lot 1, Block 1, proposed Eagle Creek Junction 1st Add'n. Motion carried unanimously. Koehnen/Czaja offered Variance Resolution No. 306, providing for a variance from the sideyard setback requirements in an R-4 District of 20 feet or one-half the building height, whichever is less for Lot 1, Block 1, Eagle Creek Junction 1st Addition, and moved its adoption subject to the following conditions: 1. Applicant will provide for access to the adjoining property to maintain that portion of his building which is on the lot line. 2. This resolution to become effective upon Council approval of the Final Plat of Eagle Creek Junction 1st Addition. Motion carried unanimously. Kochnen/Rockne moved to adjourn. Motion carried unanimously. Meeting adjourned at 11:37 P.M. Jeanne Andre Acting City Planner Diane S. Beuch Recording Secretary / 7 PROCEEDINGS OF THE PLANNING COMMISSION ADJ. REG. SESSION SHAKOPEE, MINNESOTA JULY 15, 1982 Chrm. Schmitt called the meeting to order at 7:40 P.M. with Comm. Czaja, Koehnen and Rockne present. Comm. Stoltzman arrived later, and Comm. Coller and Perusich were absynt. Also present were Cncl. Vierling and Jeanne Andre, Acting City Planner. Koehnen/Rockne moved to approve the minutes of June 24, 1982 as kept. Motion carried unanimously. PUBLIC HEARING - GOLDBERG CONDITIONAL USE PERMIT (PC 82-25C) Czaja/Koehnen moved to open the public hearing on the request by Patty Goldberg, 2780 CR42, for a home occupation as a custom frame shop in a R-1 Zone. Motion carried unanimously. The Acting City Planner explained the various consideration regarding this request, and stated staff recommends approval subject to seven conditions listed in the staff report. Chrm. Schmitt asked the applicant if she understood the conditions, and she answered that she did. Ghrm. Schmitt asked if there was anyone in the audience who wished to comment on this request, and there was no response. Rockne/Czaja moved to close the public hearing. Motion carried unanimously. Rockne/Koehnen offered Conditional Use Permit No. 307,- for a home occupation for a custom frame shop, and moved for its adoption subject to the following conditions: 1. Repair the porch floor to make it accessible to the public. 2. Install hand rails on entrance steps. 3. Replace entrance stairs and wood rotted on stair treds and bucks. 4. Restrict customers to main floor of house only. 5. No parking along CR42. 6. Any changes in the business as proposed will require a new Conditional Use Permit. 7. The Planning Commission shall reserve the right to further review this Condi- tional Use Permit if warranted by additional information. Comm. Stoltzman arrived at this point, 7:50 P.M. Motion carried with Comm. Stoltzman abstaining because of his absence during the discussion. Chrm. Schmitt explained to the applicant that there is a seven day appeal period after which this Conditional Use Permit will become effective if no appeals have been filed. PUBLIC HEARING - JOHNSON CONDITIONAL USE PERMIT (PC 82-27C) : The Acting City Planner indicated the applicant has withdrawn the request and therefore, no public hearing needs to be held. Shakopee Planning Commission -2- July 15, 1982 PUBLIC HEARING - LONG VIEW ESTATES PRFT,TMINARY PLAT (PC 82-24P) Czaja/Koehnen moved to open the public hearing regarding the Preliminary Plat of Long View Estates. Motion carried unanimously. The Acting City Planner explained Preliminary Plat approval is requested for a parcel of land lying between T.H.169 and Legislative Route No. 300 and the northerly extension of Tyler and Jackson Streets. She stated the plans call for the immediate development of 23 townhouse units, in this area zoned R-4, and future development of the area zoned B-1. She further explained the various considerations of staff regarding this Preliminary Plat, and stated staff recommends its approval subject to nine conditions as listed on the staff report. Present were Jim Pierce, principal of the applicant O.T.B. , Inc. and Cal Hedlund, engineer and cons-aItant for the project. Discussion was held with the City Engineer regarding necessary sewer allocations, with the City Engineer stating this subdivision could have a maximum of 26 dwelling units, and only 23 are planned. Further discussion ensued regarding the future possibility of selling off the parcels and the platting necessary for a simple lot split at that time. The Acting City Planner stated the developer is planning to sell the units, and has no problem with submitting the By-Laws of the Homeowners Association. She added the developer needs to have the lots platted as designated on the Preliminary Plat for FHA purposes. Chrm. Schmitt asked if there was anyone present in the audience who wished to com- ment on this proposal. Mathile Schneider stated she is the owner of the property to the west of the pro- posed subdivision and asked the size of each lot and how much property between each building. Mr. Hedlund answered her ca cerns, and showed her the plans illus- trating how the units are proposed to look. She also asked about special assess- mentss. The City Engineer stated the developer will be constructing their own water system, and there will be no cost to the neighbors. Kenneth Delbow stated he lives on Sixth Street, and asked about the State's plans regarding Legislative Route No. 300 to the reformatory. Larry Mechtel asked about the State 's proposal that was rumored to trade 10th Ave. and Adams Street for the State route. The City Engineer stated he did not know anything about this. Shirley Wall, 1709 W. 10th, asked why she was notified of the public hearing, since her property did not abut the proposed subdivision. She was informed that any property within 350 feet of the exterior boundaries of the parcel received notice or the public hearing and it has nothing to do with assessments. A question was asked about the density of the subdivision, and the Acting City Planner responded that this plan allows about 8,000 square feet per unit and they could have as little as 4,000 square feet, so tl.scy are using less density than is allowed. Shakopee Planning Commission -3- July 15, 1982 Scott Duffney, 1650 West 6th, stated he lives across the street from this parcel, and he asked for further explanation regarding the placement of a sidewalk. Chrm. Schmitt stated that sidewalks are a sensitive issue, and the City does not have a strict policy of when and where sidewalks are required. He added it is generally advantageous to have a sidewalk installed if possible in a new subdivision, because most people in an existing residence do not want sidewalks put in. However, in this area from a planning perspective, it may be more desireable to have the side- walk on the southern side of the street. V Mr. Duffney stated he would prefer the sidewalk on the south side, on his own property, to improve the ditch. The City Engineer stated the internal service road would serve the purpose of a walkway, as a special sidewalk would have no reasonable termini. Harley Wehrwein stated he lives across from this parcel and is opposed to a side- walk because it would be a useless expenditure. He doubts if 2-3 people walk by on any day. Gary Monnens, 1720 West 6th, asked about off-street parking for the units. Mr. Hedlund explained the proposed two-car garages and driveway area. Larry Mechtel stated that if a sidewalk was to go in, it should go on the north side because most of the setbacks on the south side are very narrow. Chrm. Schmitt explained that a sidewalk would go in the right-of-way. Kenneth Delbow stated he would like the Planning Commission to study this a little more before voting on it. Chrm. Schmitt explained the process of Preliminary and Final Plat, explaining that Planning Commission would be looking at the proposal twice. He then read the list of conditions recommended by the staff to be met before final approval. Further discussion was held regarding sewer allocation. Shirley Monnens stated she lived in the four-plex across from this parcel and asked what the zoning R-4 meant. Chrm. Schmitt explained. Ms. Monnens expressed her con- cern about proper play area for children, and strongly suggested the developer put in some type of play lot for the units. Further discussion ensued regarding pay- ment in lieu of park fund, green space and tot lots that can be included by the de- veloper. Chrm. Schmitt asked if there were any further questions from the audience, and there was no response. Rockne/Czaja moved to close the public hearing. Motion carried unanimously. Chrm. Schmitt suggested adding to the list of conditions the submission of the By-laws of the Homeowners Assoc. Koehnen/Stoltzman moved to recommend to City Council approval of the Preliminary Plat of Long View Estates Addition, subject to the following conditions: 1. Approval of Title Opinion by the City Attorney. 2. Park dedication to be paid in cash, at the time Building Permits are issued. 3. Application for a blanket variance for front, rear and sideyard setbacks. 4. Approval of an access permit by the Minn. Dept. of Transporation along Legisla- tive Route No. 300. 5. Submission of a final drainage report and overlot grading plan to specify the volume of developed run-off and the manner in which the drainage will be conveyed to Trunk Hwy. 169 North of Outlot A, which meets the approval of the City Engineer. Shakopee Planning Commission -4- July 15, 1982 6. Development of the subdivision be limited to a total of 26 multi-family dwelling units or the equivalent thereof to the existing sanitary sewer system in Legis- lative Trunk Hwy. No. 300. 7. Installation of street lights and stop signs at each entrance. 8. Provision of an easement on the final plat for thepublic utilities to be in- stalled in the subdivision. 9. Execution of a Developer's Agreement to provide for the construction of the -- required improvements: a) dater system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission and minimally including looped ser- vice, three hydrants and an 8 inch main. b) Sanitary sewer system to be installed in accordance with the requirements of the City Engineer. c) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Street improvements to be made in accordance with the requirements of the City Engineer. 10. Submission of Covenants and By-laws of a Homeowners Association prior to Final Plat review. Motion carried unanimously. PUBLIC HEARING - CODE AMENDMENT, Section 11.03, Subd. 71 Stoltzman/Czaja moved to open the public hearing regarding amending the City Code prohibiting building on parcels abutting non-dedicated public rights-of-way. Motion carried unanimously. Cncl. Vierling explained the position of the City Council on this item. Chrm. Schmitt stated he believed the Council wants to modify the ordinance because the City failed to adher to the present ordinance, and he is not comfortable with that at all. He added he would rather deal with particular roads as exceptions to the ordinance with variance or conditional use permits. Further discussion ensued. Chrm. Schmitt asked if there were any comments from the audience, and there were none. Koehnen/Czaja moved to close the public hearing. Motion carried unanimously. Koehnen/Rockne moved to recommend to City Council denial of an amendment to City Code, Section 11.03, Subd. 71. Motion carried unanimously. PRELIMINARY PLAT - EAGLE CREEK JUNCTION (PC 82-20P) Czaja/Stoltzman moved to remove discussion of the preliminary plat of Eagle Creek Junction from the table. Motion carried unanimously. The Acting City Planner stated the drainage problems originally identified on Block 2 appear to be able to be worked out within a short time. She also pointed out that new property lines were developed to acccrnmodate the easement for future expansion of CR16. The City Engineer expanded further regarding drainage in the plat. One of the conditions of Preliminary Plat approval was an increase in the size of Lots 1 and 2, Block 1 to at least 113,400 square feet to accommodate the density of buildings proposed for those lots. Since this condition had already been met, it was deleted and another condition, as recommended by the Planning Commission regarding the drainage plans, was inserted. Shakopee Planning Commission -5- July 15, 1982 Koehnen/Stoltzman moved to recommend to City Council approval of Preliminary Plat, of Eagle Creek Junction, described as Lots 1 and 2, Block 1 and all of Block 2, subject to the following conditions: 1. Provision of the following additional easements: a) Seven foot roadway easement along CR16. b) Drainage and utility easement along the southern line of the abandoned Chicago, Northwestern and Milwaukee Railroad right-of-way of ten feet or whatever is necessary to incorporate the existing sanitary sewer and *electrical lines. 2. Assurance that existing drainage and utility easement along the western lot line of Lot 1, Block 1, does include existing electrical lines, or expansion of this easement to include those lines. 3. Suitable drainage will be established for each parcel when submitted for Final Plat approval. 4. Fire Dept° approval of a plan for access to the rear of the proposed building. 5. Application for and approval of variance and Conditional Use Permit necessary to construct building proposed for Lot 1, Block 1, and execution of a recordable agreement placing restrictions on subsequent development of Lot 2, Block 2 (to be part of Outlot A until replatted). 6. Park dedication to be paid in cash, at the time building permits are issued. 7. Approval of a Title Opinion by the City Attorney. 8. Execution of a Developer's Agreement to provide for the construction of the required improvements: a) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission, including a public looped service to the fire hydrants. b) Pedestrian access along CR16 in accordance with the requirements of the City Engineer. Motion carried unanimously. FINAL PLAT - EAGLE CREEK JUNCTION 1ST ADDITION (PC 82-21P) The Acting City Planner stated the developer is in the process of defining the easements in this addition and expects to bring it back next month. Gary Laurent stated the easements have been a point of frustration for him, because when they did their boundary survey, no easements showed up because the City had never filed its easement for facilities on that property. Now they, as a developer, are being requested by the City to locate the City's facilities and give them a legal description and then give the easement to the City. The City Engineer acknowledged this fact, but stated it is a shared frustration. The pipe in question is in the railroad right-of-way, and none of them have recorded easements. The Federal law prohibits the recording of any easements with the rail- road, and that does as much damage to the City as the developer. Gary Laurent said that even though it cannot be recorded, he would still think the City would have a description of the facilities to simplify platting. The City Engineer'responded there was no description. PUBLIC HEARING (CONT. ) - EAGLE CREEK JUNCTION 1ST ADD. CONDITIONAL USE PERMIT (PC 82-23C) Rockne/Czaja moved to re-open the public hearing on the request for a Conditional Use Permit to exceed the height limitation of 30 feet for multi-family structures in an R-4 Zone on Lot 1, Block 1, proposed Eagle Creek Junction 1st Add'n. Motion carried unanimously. Shakopee Planning Commission -6- July 15, 1982 The developer stated he was satisfied with the 5 feet maximum limit for height extension. The Acting City Planner stated drawings demonstrating line-of-site for residences on Shakopee Avenue were prepared. These drawings suggest the height of the proposed building would not impair the line-of-site of those residences. Chrmn. Schmitt asked if there was any comment from the audience. There was none. Rockne/Kpehnen moved to close the public hearing. Motion carried unanimously. Rockne/Stoltzman offered Conditional Use Resolution No. 305, request for a Con- ditional Use Permit to exceed the height limitation of 30 feet for a multi-family structure in an R-4 Zone on Lot 1, Block 1, Eagle Creek Junction 1st Add'n, and moved its adoption subject to the following conditions: 1. Recording of the Final Plat of Eagle Creek Junction 1st Add'n, Block 1 of the Preliminary Plat dated July 9, 1982. 2. Height does not exceed a total of 35 feet or 5 feet above the limit in a R-4 Zone. Motion carried unanimously. DISCUSSION - Sec. 11.03, Subd. 3 "Lot Provisions" The Acting City Planner gave a brief background report on previous discussions regarding this section. She stated two developers, Mr. Mertz and Mr. Muhlenhardt, have questioned the current code and stated their expectation that lots of record prior to a change in code are to be grandfathered in, without variances. The City Engineer stated he had no expectation of this Code being applied to these subdivisions. Mike Wiley stated he is one of the owners of Wiley Appraisers and Realtors, and he represents Mr. Muhlenhardt on this matter. He stated Mr. Muhlenhardt's pro- perty has been taxed as buildable lots since 1979, when this Code came into effect. He added it should be taken into consideration that these lots are not able to be sold if they each need a variance. He said most lots are bought on a Contract for Deed, and anyone who is subject to a variance to build is not willing to gamble money for a variance 2-3 years later. Chrmn. Schmitt suggested asking legal counsel for opinion regarding hardship of the existing ordinance on platted lots. He also requested a survey of how many lots do not meet the requirements of the new Code, before setting a public hearing. Further discussion ensued. Koehnen/Stoltzman moved to end discussion of this matter. Motion carried unanimously. Rockne/Koehnen moved to recess to convene the Board of Adjustments and Appeals meeting. Motion carried unanimously. Recess at 10:38 P.M. Rockne/Czaja moved to re-convene the Planning Commission meeting at 11:37 P.M. Motion parried unanimously. DISCUSSION - MANUFACTURED/MOBILE HOME LEGISLATION The Acting City Planner gave a summary of what action the County and City were contemplating in response to recent state legislation removing the differentia- tion between mobile homes constructed since 1976 and manufactured homes. She was recently made aware that federal law establishing a uniform building code for mobile homes prohibits the states (or cities) from adopting a more or less restrictive code for mobile homes. She stated staff is researching further ways to respond to the recent state legislation and may bring it back on the agenda August 5th. Shakopee Planning Commission -7- July 15, 1982 MISCELLANEOUS ITEMS Comm. Koehnen reported on the joint meeting with City Council, Industrial/Commercial Commission. Cncl. Vierling stated one concern from that meeting is a need to have the City affirm its support of a City Planner position. General consensus was to maintain that position. Chrm. Schmitt requested the subdivision at the West end of 12th Avenue be cleaned • up. Czaja/Koehnen moved to adjourn. Motion carried unanimously. Meeting adjourned at 11:57 P.M. Jeanne Andre Acting City Planner Diane S. Beuch Recording Secretary PROCEEDINGS OF THE PLANNING COMMISSION Regular Session Shakopee, Minnesota July 8 , 1982 Acting Chairperson Koehnen called the meeting to order at 7 :32 P .M. , with Comm. Czaja present . Absent : Chrmn. Schmitt , Vice Chrmn. Perusich, Comm. Rockne, Coller and Stoltzman. Also present : Acting City Planner, Jeanne Andre. Comm. Koehnen stated that due to the lack or quorum, the meeting would have to be adjourned to July 15, 1982 at which time all business on the agenda will be conducted. She stated that the public hearing which was continued from the June 24 , 1982 meeting on the request for a Conditional Use Permit to exceed the height limitation of 30 feet for multi-family structures on Lot 1, Block 1, proposed Eagle Creek Junction 1st Addition will be continued to the July 15, 1982 meeting. Acting• City Planner stated that the developer as well as interested citizens had been notified of this change in meeting dates. Czaja/Koeknicci movud to adjourn to July 15, 1982. Motion carried. Meeting adjourned at 7 : 33 P.M. Jeanne Andre Acting City Planner Diane S. Beuch Recording Secretary /q RECEIVE® JUL 191982 BEFORE THE MINNESOTA PUBLIC UTILITIES COMMISSIONC'TY OF SHAKOPEE In the Matter of the Petition of the Northwestern Bell Docket No. P-421/GR-82-203 Telephone Company, Minneapolis, Minnesota, to Change its Schedule of Telephone Rates for Customers within the State of Minnesota RATE INCREASE NOTICE NORTHWESTERN BELL EVIDENTIARY AND PUBLIC HEARINGS Northwestern Bell has filed a request for increased rates which would generate $89.4 million in additional annual revenue with the Minnesota Public Utilities Commission. A portion of this increase will be placed in effect on July 20, 1982. This amount totals $59.6 million annually and will be reflected on bills issued after July 20, 1982. The Minnesota Public Utilities Commission must decide by April 20, 1983, how much of an increase (if anyl will be approved. If the full increase is not approved, the difference between the requested increase and the approved increase, plus interest at the current rate as determined by the Commission, will be refunded. A more complete explanation of the total rate filing is available for those customers interested by calling the Northwestern Bell business office number listed on the top of your tel phone bill. Copies are also available at the Company's building at 200 South Fifth Street, Minneapolis, Minnesota. THESE RATE CHANGES HAVE BEEN REQUESTED BY NORTHWESTERN BELL. THE MINNESOTA PUBLIC UTILITIES COMMISSION MAY EITHER GRANT OR DENY THE REQUESTED CHANGES IN WHOLE OR IN PART, AND MAY GRANT A LESSER OR GREATER INCREASE THAN THAT REQUESTED FOR ANY CLASS OR CLASSES OF SERVICE. Evidentiary Hearing Dates Evidentiary Hearings on Northwestern Bell 's Petition will be held on the following dates before Hearing Examiner Myron S. Greenberg. St. Paul St. Paul St. Paul August 9-13, 9:30 a.m. October 4-8, 9:30 a.m. December 1-3, 9:30 a.m. August 16-20, 9:30 a.m. October 11-15, 9:30 a.m. December 6-10, 9:30 a.m. Large Hearing Room Large Hearing Room Large Hearing Room 7th Fl . , American Center 7th Fl . , American Center 7th Fl . , American Center Building Building Building 160 E. Kellogg Blvd. 160 E. Kellogg Blvd. 160 E. Kellogg Blvd. In the event the hearings are not concluded during the weeks indicated, they may be continued from time to time at the order of the Hearing Examiner. Public Participation Hearing Dates Part of the decision making process involves public hearings at which any customer is welcome to testify about any aspect of the rate proposal . Times and dates of scheduled public hearings are listed below. St. Paul* Jackson August 23, 1 :00 p.m. & 7:00 p.m. October 20, 7:00 p.m. Room 83, State Office Bldg. Jury Room 435 Park St. Jackson County Courthouse, Fourth St. Chisholm* Rochester* August 24, 1 :00 p.m. & 7:00 p.m. October 21 , 7:00 p.m. Iron Range Interpretative Center Council Chambers Hwy. 169 City Hall , First Ave. & Third St. S.W. Duluth* Thief River Falls August 25, 1 :00 p.m. & 7:00 p.m. November 2, 7:00 p.m. County Boardroom First Floor Meeting Room St. Louis County Courthouse Pennington County Courthouse Fifth Ave. West & First St. Main & First Sts. Grand Marais Moorhead August 26, 7:00 p.m. November 3, 7:00 p.m. Courtroom, Cook County Basement Meeting Room Courthouse, Second St. Clay County Courthouse 807 11th St. North St. Cloud October 18, 7:00 p.m. Minneapolis* Courtroom 1 , Stearns County November 9, 1 :00 p.m. Auditorium & Courthouse 7:00 p.m. Jury Assembly Room Courthouse Square Hennepin County Government Center 300 So. Sixth St. Morris October 19, 7:00 p.m. Community Room, Stevens County Courthouse Fifth & Colorado Individuals who are unable to attend, but desire to submit comments may do so by forwarding such comments in writing to Hearing Examiner Myron S. Greenberg, 3rd Floor Summit Bank Building, 310 South 4th Avenue, Minneapolis , Minnesota 55415. NORTHWESTERN BELL TELEPHONE COMPANY *Interpreters for the hearing impaired will be present at these locations. III 4. iv lor or 11W MI VI VP .0 - - - - - /.• M - M CO Z z _ A A z n r A 0 O A A Z A A 0 O A A -. AAD D .. m2C IM 0 .+ 73= a 73x0 •.• 7t 73x2 73xz . Aax c7 Aaa n aDs 7oar Cl 7vD1x 77D� :z o Azo D Azr c7zr D C72 D .» i za" a 'a 7.. 73 -4 73003 -4 m ^m maD =c rn RI TA O Z'•1 0 2732 2:•I7! 0 273 DZ 2731 a m 1 A •70• -O -4M c » �M I- 70 lA CI SMO - '* A .I m AzRI 732 -4 32'1 AZa A2C73471 Az :: = D S S - Z S Z -4 > 2 .n z D0 .-. 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Z * 0 V 0 73 44 r 3 -a * O O LI V O +* r1 O m 9 * u * iA 9 O a * 41 CA 11 J1 * * 111 * * * * 01 it - # n I I * * 0 04 a +4 w a a 0 V s 0 » +1 Vi 0 a a /+ T LI # ,a * - • * .• a. m +4 a c.: 0 0 a m s► 0 4+ 0 * * ,o * I I I 1 1 I • • V L1 * * 0 V V 0 i/ 0 •- 44 a V 'a i4 0 0 CO UI u .r - ..l 0 ++ a a w 4 0 - - .4 ii 0 a a V 4i 0 it # # a # .' V /' r r + t t 11 $ 11 I I 1 1 1 1 ) TENTATIVE AGENDA Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota. Regular Session August 3 , 1982 Chairmap Leroux presiding 1 . Roll Call at 7 : 00 p.m. 2 . Approval of Minutes of June 29 , 1982 3 . Report from Scott County Housing and Redevelopment Authority Housing Assistance in Shakopee 4. Downtown Tax Increment Project No. 1 a. Agreement with O' Conner and Hannan b. Rehabilitation Loan Program 5 . Elderly Highrise Redevelopment Project No. 1 a. Consider Plan Amendment b. .Adopt Resolution No. 82-5 6 . Fourth and Minnesota Neighborhood Revitalization Project Authorize Closing for Lot 5 , Block 3 7 . Community Development Block Grant - Fiscal Year 1982 Application Process 8 . Other business 9 . Adjourn Jeanne Andre Executive Director PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY SPECIAL SESSION SHAKOPEE, MINNESOTA JUNE 29, 1982 Vice-Chrm. Colligan called the meeting to order at 7:05 P.M. with Comm. Vierling, Wampach 0.nd Lebens present. Chrm. Leroux arrived later. Also present were Rod Krass, Ass't City Attorney; Jeanne Andre, HRA Executive Director; John K. Anderson, City Admr. ; H. R. Spurrier, City Engineer and Judith S. Cox, City Clerk. Lebens/Vierling moved to approve the minutes of June 1, 1982 as kept. Motion carried unanimously. Colligan/Vierling offered Resolution No. 82-4, A Resolution Establishing and Desig- nating Downtown Redevelopment Project No. 1 Pursuant to the Provisions of Minnesota Statutes, Sec. 462.411 to 462.716, Inclusive, As Amended, And Establishing Down- town Tax Increment Financing District No. lA Pursuant To the Provisions of Minne- sota Statutes, Sections 273.71 to 273.78, Inclusive, As Amended And Adopting And Approving a Redevelopment Plan and Tax Increment Financing Plan for Said Downtown Redevelopment Project and Downtown Tax Increment District, and moved its adoption. Discussion was initiated by Comm. Lebens regarding the financial figures presented and the loan program for the City. The City Admr. explained that it appeared ap- propriate for the City to assist businesses such as the Moonen building and Berens to obtain low interest loans for improvements within the Tax Increment District. The administrative procedures and policy decisions to establish a loan program still have to be discussed and adopted by the City Council, but this Plan would just establish the desire to participate in such a program in the Redevelopment Project. Comm. Leroux arrived at this point, 7:10 P.M. Rod Krass explained that after July 1, 1982, because of a change in Legislation, the City would not be in the position to capture the increment created by the First Nat'l Bank's improvements. This tax increment project was put together very fast to enable it to be approved before July 1. He stated it is a very good Plan, but the finances are estimates at this point. He emphasized there will be no expenditures of dollars until City Council has approved and designed such expenditure. He stated this is just an outline as to form for the loan program. Mr. Krass further stated that this Plan does not propose to give anyone a loan, it just sets up funds for a program for the granting of loans if certain criteria is met, and the City Council approves. At this point no decision has been made that funds or loans will go to anyone. He added that IR Bonds are not practically available to the downtown businesses because they are small business and the insur- ance cost involved is not feasible for small projects. Further discussion followed. Arlin Waelti, of O'Connor and Hannon, gave an over-view of the entire project. She stated the Redevelopment and Financing Plan provides for the Tax Increment Financing District which are four identified areas within the Downtown Redevelopment Projects: First National Bank, Laurent building, Moonen building and Berens building. She explained generally the basis for tax increment financing and redevelopment districts, and the requirements of a blight area. She stated that the Plan identifies some improvements in the project area and their related costs while at the same time maintaining as much flexibility as possbile in realizing the potential of commercial rehab development. _ Shakopee HRA June 29, 1982 Page 2 4. Mr. Krass added that in adopting the Redevelopment and Financing Plan, neither the HRA or City Council are committing themselves to spending this money in the way it is set forth at this time. Ms. Waelti stated there is a public disclosure process in which the City cannot exceed the amount of money designated in the Plan without a new public hearing, but it is considered reasonable to change specific amounts within categories. Mary Molzahn, of O'Connor and Hannon, went over projected figures presented on a computer print-out, showing the monitary increments and pay outs the City will encounter as a result of this Plan, which included the Moonen and Berens property. Jim Casserly, attorney for O'Connor and Hannon, went over the effects of the change in Legislation, and the intent of the Legislation. He stated that what the City is doing is taking the increase in taxes that occurs from improvements to businesses and using that increase to help develop some of the older downtown businesses that are in a position to do some of that kind of development. He stated it is a real "bootstrap" operation. He recommended the HRA be the administrator of the loan program. This would mean the HRA would go through an interest-reduction program to help with rehab loans by writing down the interest rate. He also recommended the City work with a lending institution for the loan program. Further discussion followed. Resolution Noe 82-4 carried with Comm. Lebens opposed. Leroux/Vierling moved to adjourn. Motion carried unanimously. Meeting adjourned at 8:05 P.M. Jeanne Andre HRA Executive Director Diane S. Beuch Recording Secretary 1. A 3 '- SCOTT COUNTY HOUSING & REDEVELOPMENT AUTHORITY 707 COUNTY ROAD 83 • SHAKOPEE, MINNESOTA 55379 • (612)445-8700 4 CC. 1 4 1n c: tom* ,.0i_.1 JUL061982 CFI"( OF SHAKOPEE July 1, 1982 Jeanne Andre Shakopee Housing and Redevelopment Authority 129 East 1st. Avenue Shakopee, Minnesota 55379 Dear Ms. Andre, Enclosed is the quarterly report (April 1,1982-June 30, 1982) regarding housing assistance to Shakopee residents as ad- ministered by the Scott County Housing and Redevelopment Authority. As of this date, no money has been disbursed to Shakopee -residents through the Minnesota Housing Finance Agency's programs. Several honeawners are in the midst of the application process. Feel free to contact myself or Mark E. Nagel if you have any questions concerning this report. Sincerely, Toni M. Laffrenzen Housing Aide 'IML;tml 3MARJORIE HENDERSON, SHAKOPEE, CHAIRMAN WILLIAM CHARD, BELLE PLAINE, VICE-CHAIRMAN itti . KEITH THORKELSON, PRIOR LAKE, SECRETARY SYLVESTER WACKER, SAVAGE. TREASURER MARIETTA SHARKEY, JORDAN EQUAL HOUSING OPPORTUNITY Equal Opportunity Employer • Assistance Provided City of Shakopee Quarterly Report . April 1, 1982 - June 30, 1982 I. 1980 Community Development Block Grant Rehabilitation Grants April 17, 1980 - Present Household Sex of Number of Income Grant Type Head Occupants > Level Amount -8004 F Male 5 Limit $6,705.00 -8005 E Male 1 64% 6,011.00 3-8007 F Female 2 Limit 2,737.00 3-8008 E Male 4 64% 6,705.00 3-8011 E Male 2 64% 6,041.00 3-8015 E Female 1 80% 3,956.00 5-8030 F Female 3 64% 3,876.00 5-8047 F Male 5 Limit 4,867.00 3-8049 F Female 1 64% 9,830.50 3-8050 F Female 2 64% undetermined * 3-8055 F Male 4 8u% 9,565.00 * 3-8056 F Male 3 Limit undetermined * 3-8060 E Female 1 80% undetermined * 3-8062 F Male 3 64% undetermined * 3-8074 F Female 3 80% 2,579.00 15 40 $62,872.50 '1 . 1981 Community Development Block Grant Rehabilitation Grant May 26, 1982 - Present Household Sex of Number of Income Grant Type Head Occupants Level Amount '5-001 F Female 3 55% undetermined ,S-013 F Male 5 Limit undetermined * denotes additions from previous report Section 8 Assisted Families in the City of Shakopee April 1, 1982 — June 30, 1982 Family Sex of Household Number of Income HAP Number Head Type Occupants Level Per Month 103 F E 1 V $193 105 ' F E 1 106 F if V 202 1 V 242 107 F H 1 V 108 M Fa 251 2 V 47 109 F E 1 V 213 110 F E 1 V 201 116 F E 1 V 81 119 F E 1 V 210 122 M Fa 2 V 317 123 M 124 F E 1 V 184 125 F V 138 E 1 V 168 126 M E 2 V 183 128 F H 1 V 194 135 F E 1 V 260 203 F F 2 V 205 204 F F 2 L 71 208 F F 2 V 266 210 F F 2 V 155 212 F F 2 V 188 213 F F 3 V 187 215 F F 3 B 246 216 F F 2 V 193 218 F F 2 219 F V 194 F 2 V 286 220 M F 3 222 M V 141 F 5 V 144 224 F F 3 L 95 227 M F 4 228 F F L 35 3 V 282 229 F F 2 V 279 230 F F 2 V 166 232 F F 3 V 301 235 F F 2 L 117 238 F F 2 L 166 240 M E 2 L 158 241 'F F 2 V 249 247 F F 3 V 118 249 M F 3 I, 40 250 F F 3 V 319 251 M F 3 L 46 254 ' F F 3 V 260 257 M E 2 L 167 261 F F 2 V 281 • Family Sex of Household Number of Income HAP Number Head Type Occupants Level Per Month 262 F F 2 V $284 263 F F 3 V 242 266 F F 2 V 272 267 F F 3 V 188 268 F F 2 V 231 302 F F 4 V 221 304 0- M F 5 V 290 305 F F 3 I. 215 306 M F 4 V 214 314 F F 4 V 377 317 F F 4 I, 67 318 F F 3 L 39 320 F F 5 V 290 321 F F 4 L 205 401 F F 6 V 382 403 F F 6 V 330 0.I. #1 F F 3 V 231 0.I. #4 M F 4 L 51 0.I. #13 F F 4 V 278 TOTAL 64 164 $12,846.00 MALE 14 LOW INCOME 14 FEMALE 50 VERY LOW INCOME 50 FAMILY 48 AVERAGE HAP $200.00 ELDERLY 13 HANDICAPPED 3 1980 Community Development Block Grant Thresholds Family Size Limit 80% 64% 1 $ 15,250.00 $ 12,200.00 $ 9,760.00 2 17,400.00 13,920.00 11,136.00 3 19,550.00 15,640.00 12,512.00 4 21,750.00 17,400.00 13,920.00 5. 23,100.00 18,480.00 14,784.00 6 24,450.00 19,560.00 15,648.00 7 25,850.00 20,680.00 16,544.00 8 27, 200.00 21,760.00 17,408.00 1981 Community Development Block Grant Thresholds Family Size Limit 80% 70% 55% 1 $ 15,250.00 $ 12,962.50 $ 10,675.00 $ 8,387.50 2 17,400.00 14,790.00 12,180.00 9,570.00 3 19,550.00 16,617.50 13,685.00 10,752.50 4 21,750.00 18,487.50 15,225.00 11,962.50 5 23,100.00 19,635_00 16,170.00 12,705.00 6 24,450.00 20,782.50 17,115.00 13,447.50 7 25,850.00 21 ,972.50 18,095.00 14,217.50 8 27,200.00 23,120.00 19,040.00. 14,960.00 Section 8 Income Limits Family Size Lower Income Limits Very Low Income 1 $ 15,250.00 $ 10,000.00 2 17,400.00 11,450.00 3 19,550.00 12,850.00 4 21,750.00 14,300.00 5 23,100.00 15,450.00 6 24,450.00 16,600.00 7 25,850.00 17,750.00 8 27,200.00 18, 900.00 1-a MEMO TO: Jeanne Andre, HRA Director FROM: Judith S . Cox , City Clerk RE : Agreement with O' Connor and Hannan DATE: July 30, 1982 Introduction On May 18th, the City Council moved to request the HRA to commence the creation of the Downtown Tax Increment Project and District and enter into an agreement with a bond counsel to manage the project and district . Background The attached letter from O' Connor and Hannan sets forth the fees for services to be rendered by them. Mr. Krass explained that the intent of an agreement is to have an idea of the costs of services to be provided. He believes the letter fulfills our needs and can simply be filed. Recommendation Since the HRA is administering the project , I recommend that they receive and approve the letter from O' Connor and Hannan, dated June 24, 1982 , for fees for services rendered . Action Requested Approve the letter from O' Connor and Hannan, dated June 24, 1982 , for fees for services rendered on the Downtown Tax Increment Project and District . JSC/jms O CONNOR & HANNAN =ATRICK J OCONNOR SUITE 800 FREDER.Crt W THOMAS ATTORNEYS AT LAW 1919 PENNSYLVANIA AVENUE N.W. IDE A NA.-TERS CMA$ A. E'__EF a wAS HINGTO N, D.C. 20006 •+AE_ E.McCI..RE THIRTY-EIGHTH FLOOR I OS TOWER (202) 887-1400 40BEFT CHRIS'IANSON,JR. = . _CS 3 FAEGRE a0 SO'iTH EIGHTH ST?=ET PATRICK J.O'CONNOR 'NILLIAM T,HANNAN• JOH yEAY MINNEAPOLIS, MINNESOTA 55402 EDwARo FLYNN A' P. sl,GRANN H. ROBERT HALPER• ,ALTER _ JOSEPH E.DILLON PARn. NS _ • THOMAS n.QU1NN• E'�' E PI C:�E' 612 ' 341-38 00 HOWARD G ELDMAN • C T'S REYE- A4Z3 DAVIO R �., r+COPE. =L BE`�STE TELEX 29-069 4 P. __ - _ -�R DELANCE' N. DA•::S• 0 2 34 -36 00 256 a1CHARD •nORCA•. "AS NOMAS v. /A3EPICS• yHN ABI:RTCNpn • DOUGLAS CARN.SHER YLES AMBPOS- c -AMES R.CASSER'_'F A- ROBEPT A.3PJvI_ iELAZOUEZ, 2 DAV:D SUPLI-�,CAME TEaE NGE P. 60*LE• =RECERICrt MCRR HOPE 9. FOSTE.'i- .VII..I.•M E.Fv'NN MADR:D I, SPAIN MARTIN M. BER'_.`aER • 3RIAN P. PHELAN• -C.L.C.>S FRANZEN 43' -31 CRE DORY A. ,.EARNS • -THOMAS R. JOL,"• C. H -crt _3S._ ANN NO00 O9e-_ • BARRY � TLE17• �� =AI. _ MICHAEL JCONLON • N. KE'_ME, _ •• ST_VEN �. T.. IEa 4'•'I__ _ I..A./•-, • DONALD 3. AR00'_R• :>A, D ANTDR ]I0. ScCJ.,Ir, -,cr dam..i.y.; PETER C. ..'55EL• NpA ,. 5�: •FAR T'_ A:... .,1 R��J 15'5 DLENAPM Rc. CE ?if RICK E. ODONNE:—• W+E:.'I 7:ENVFR, =OLCAACC 5 -2 , HAP$C. - 303 5'3 -. '3T CAROL N. - • OSEPH C.BA' ISDN. CHAP;•C$ .Y, GAPRISON 3• .vILLIAM ,ELL, 1910- 9`0) COt,NS[L CORDON 4, 3AIEP • ,'HRISTOPHER - 'I'JNC-I ROBERT STEELE• HRIST1NA 'N, F_EPS• miCHAE:. E /EVE• June 24 , 19 82 JAMESAHPAICOrY PATTERSON• MARY S'JSAN R ^• GRAN MORRIS, ..R.• CORDON '_EE• GONNA P. =•ITZPATPICK• BRIAN OUNN- LAURENCE POSCHER• BRENDA A.:ACOBS • 4. TIMOTHY O',NE:LL OF COUNSEL JOSEPH F. CASTELLO• T. BROOKE TARN SWOPTH S• JOHN FORD EVAN$,JR.- Philip R. Krass , Esq. •No, +E..(1. OF MINNESOTA BAR City Attorney City of Shakopee Shakopee Professional Building 1221 Fourth Avenue East Shakopee , Minnesota 55379 Mr. John K. Anderson City Administrator City of Shakopee 129 East First Avenue Shakopee , Minnesota 55379 Re: Fees for Services Rendered by O'Connor & Hannan Gentlemen: We have had several telephone conversations and a memoran- dum regarding our fees for services rendered to the City of Shakopee in the area of bonding and public finance. Our fees are as follows: 1. Establishment of the Downtown Redevelopment District and a Tax Increment Financing Plan - maximum fee for our work in the preparation of these plans is the sum of $7 , 500 . 00 . However, we charge for our services on an hourly basis . A copy of our hourly rates is attached to this letter. These fees are an allowed project cost and may be paid out of bond proceeds . Philip R. Krass , Esq. Mr . John K. Anderson June 24 , 1982 Page 2 2 . Bond counsel opinions - our fees for all work involved in the issuance of tax increment general obligation , bonds and improvement bonds are $1 . 50 per $1 , 000 of bonds . These fees include the drafting of all appro- priate resolutions and all other documentation neces- sary for the bond issuance . These fees are only paid in the event the bonds are actually sold . The only other cost to the City would be actual out-of- pocket expenses such as reproduction expenses , printing expenses , messenger services , etc. We would expect the out-of-pocket expenses to be paid when the other fees are also paid. Thank you again for allowing us to be of service to the City of Shakopee. We are very excited about the City ' s development proposals and look forward to a good working relationship. If there are any questions or problems, please contact me. Very truly yours , r I James R. Casserly J JRC :mm Attachment HOURLY RATES FOR ATTORNEYS , DIRECTOR OF FINANCE AND RESEARCH, AND PARALEGALS IN THE PUBLIC FINANCE DEPARTMENT f Fees effective as of January 1 , 1982 : ATTORNEY EFFECTIVE RATE K. M. Busch $ 50 . 00 J. R. Casserly 75 . 00 J. J. Kearney 70 . 00 D . W. Kelley 60 . 00 W. Kidner 50 . 00 W. C . Parkins 85 . 00 J. 0 . Reyer 85 . 00 K. E . Richey 75 . 00 L. C . Schwartz 55 . 00 A. B . Waelti 60 . 00 DIRECTOR OF FINANCE AND RESEARCH R. R. Graves $ 65 . 00 PARALEGALS $ 35 . 00 HKnq g COUNCIL 7e MEMO TO: Housing and Redevelopment Authority (HRA) Commissioners and Members of the City Council FROM: Jeanne Andre , Executive Director RE : Amendment to the Elderly Highrise Redevelopment Project No. 1 DATE : July 30 , 1982 Introduction The City Council has suggested amending the Elderly Highrise Redevelopment Project No. 1 to allow the purchase of three lots as negotiated by the City Engineer. The HRA and City Council need to adopt certain resolutions to set the amend- ment process in action. Background The attached letter from O' Conner and Hannan outlines the requirements necessary to amend the project . Actions required by the HRA and City Council are listed below. Requested Action HRA : Adopt Resolution No. 82-5 , A Resolution Determining to Undertake an Amended Redevelopment Project . City Council : Adopt Resolution No. 2039 , A Resolution Accepting an Amendment to the Amended Redevelopment Plan for Elderly Highrise Redevelopment Project and Calling a Public Hearing on Said Amendment . JA/jms • G C O N N O R & HANNAN PATRICK J OCONNOR SUITE 60O NL()ERICK W THOMAS ATTORNEYS AT LAW IYIP PENNSYLVANIA AVENUE N.W. .mr A wA(rrriR WASHINGTON,D.C. 20006 rl(IMAS A KELLE R p MICHAEL E.M,GUIRE THIRTY-EIGHTH VLOOR IDS TOWER (202)661-1400 NOP FRY ) CHRISTIAN SON JR C HARLLs B FACGRL 80 SOUTH EIGHTH STREET PATRIcK J.O•CONNOR FRANK a wal l WILLIAM T.HANNAN• °t'R^" MINNEAPOLIS, MINNESOTA 55402 COWARD W. BROOKE• •NEIN"W .I 1111• JOHN J.FLYNN 41(11 AM R Mr GRANN M.ROBERT MALPER• .•ITER c .rN JOSEPH E.DILLON • C. RICHE• • THOMAS. H.QUINN• .,AMCS 0715 REV L1 C.IZ 341-.j t1 C'' 'TOWARD G. FELDMAN • JAMES A.RUBENSIEIN • • TELEX 29-0584 DAVID R.MCLINCOFF• .'I.NCMIAH J.RL ANNE DELANCEY W.DAVIS• LEM F. VAN .LIC* 1 HTELECOPIEN 612 341-3800 !C`r61 RICHARD G. MORGAN LOMA5 R SHLRA1. ` -- THOMAS V.VAKERICS• •r IIIIR r. I. YLES J. AMBROSE• m 135 CA:•`•1 I r I.LAS M (.ARNI✓AL III A HNIINIIL11 NII AIUVI : I AN,: Il ll 1.,,IN .AfMI • TC PENCE P. MOTIF• R(DE RIC K W.M(IRHr•. • MOPE S FOSTER• ..� I E. fl rl.I: r•I A(INIL) • •_'LAIN MANTIN M E'ENLINFII • ARIAN P. PHELAN• ('('V(,LAS J. I I.AME I N 431 iI ('(.I (.NE.I.I)NY A KEAEI,.I'. • 1HC.mAS F. JOLLY• rAM l! M(!IL 311E • �' 1'.4 , ANN WCICI( ROF$r Pi, • BARRY J. CUTLER• INA�ID W. Kt 11.1 Y ME, HALL W CONL011• f '.1LVLN J. TIMMEH - AT{!IL •' (_/.fl r • 11CLNALD 5 ARBOUR• I,AVrr) KAFITOH SVIIC 110C) SECURITY LIFE ti Ull lrl r.!. PETER C..115511• .1,A C. SCHW'ART2 r5+ANI( WIfC,A • 1616 GLF NATM pI.ACF PATRICK. C.ODONNELL• • . rN I1 WAC II'r DENVE F, COLC)TADCi J WILLIAM W. MARSCH• 1(1 ' '3 77.7 CAROL N. PARK• JOSE PH E.PATTISUN• I� .IIAM C KL,I ISOM-14711 FT r r•r 11311 CMACI lL3 W GARFISOII m• 001/DON K (,AVER• CHRI'•TO TIME-;4 H. M()NC.F1 • ROBERT J.STE ELI• RECEIVED CHRISTINA W. FLEPS• MICHAEL C.VE VE • THA pR1DOv pATTCRSON• IATA CS M HOLT• MARY SUT.AN PHILP• July 16 , 1982 NTE RRIr, JR. 1 �y'T (y',(!�� F.00FDON LIE• • DONNJUL f 1.82 BRIAN A DUNNR. T. PATRICK lJ l� LAURENCE ROSCHER• BRENDA A.JACOBS• J. TIMOTHY O'NEILL Cif( OF SHAKOPEE or T. BROOKE OOKEL JO`..EPH F. CASTIELLO• JOHN FORD EVANS, R.. a• JOHN FORD EVANS,JR.• .NOT MEMUER OF MINNESOTA OAR Rodney Krass , Esq. Krass Meyer & Kanning Chartered 1221 East Fourth Avenue Shakopee , Minnesota 55379 Re : Acquisition of Property and Enlargement of Geographic Area of Shakopee Senior Citizen High Rise Redevelopment Project Dear Rod: In response to your inquiry regarding the procedure necessary for enlargement of the geographic area of the Senior Citizen High Rise Redevelopment Project , I am advising two procedures that the City may wish to follow, depending on the urgency of the acquisi- tion of the property that the City has an opportunity to purchase . Minnesota Statutes 462 .521 , Subdivision 3 , provides a method by which the City can approve the early acquisition of property contemplated for a proposed redevelopment project but not as yet included within the Redevelopment Plan . It requires only that the governing body hold a public hearing on the proposed acquisition activity after published notice in the official newspaper at least once not less than ten (10) days nor more than thirty (30) days prior to the date of the hearing. The HRA then can proceed with the acquisition if the City finds by resolution that (1) the proposed acquisition is necessary to carry out public improvements in the area or the acquisition will contribute to the elimination Rodney Krass , Esq . - 2 - July 16 , 1982 of blight or deterioration within the area or that such acquisi- tion is necessary to relieve hardship and (2) there is a feasible method for the relocation of families and individuals to be dis- placed by the proposed acquisition. This early acquisition pro- cess does not waive the requirement for a public hearing for modification of the redevelopment plan , but it would allow for expediting the process , if necessary. Minnesota Statutes 462 . 525 , Subdivision 6 , requires that a redevelopment plan may be modified by the same procedure as was necessary for the original adoption of the redevelopment plan, unless the modifications do not affect the exterior boundaries or do not substantially alter or affect the general land uses established in the plan. It is my understanding from our discussion that the modification would alter the exterior boundaries of the plan and therefore would constitute a modification. The requirements for adoption of the original redevelopment plan are given under 462 . 515 , which are substantially as follows : I . The geographic modification of the redevelopment project area is submitted to the HRA; A. The HRA transfers this modification to the planning agency; B. The HRA requests a written opinion of the planning agency prior to the HRA approval of the plan or within thirty (30) days; C. The HRA approves the modification; D. The HRA applies to the City for approval of the modification and includes within that application (1) the modification of the redevelopment plan; (2) a statement of the method proposed for financing the modification; (3) the written opinion of the planning agency that the modification conforms to the comprehensive plan of the City; II. The City holds a public hearing on the modification after: A. Notice is published in the official newspaper not less than ten (10) nor more than thirty (30) days prior to the hearing; B. No notification is necessary to either the school districts or the county. Rodney Krass , Esq. - 3 - July 16 , 1982 III . At the hearing the City must make findings by resolution that : A. The land in the proposed modification would not be made available for redevelopment without the financial aid to be sought; B. The redevelopment modification for the redevelopment area will provide maximum opportunity for redevelopment by private enterprise; and C. The redevelopment plan conforms to the general plan for the development of the City. IV. The City must within thirty (30) days after sub- mission of the application give written notice to the HRA of its decision whether to approve or disapprove the project. You will note under Minnesota Statutes 462 . 521 , Subdivision 2 , that the HRA does have the authority to, without awaiting approval of the City, proceed by option or otherwise , to obtain control of real property within the area. This provides the HRA with the ability to sign a purchase option but not to proceed further. However, you will note that the statutory language states that the real property the HRA is contemplating purchasing is "within the area" . It is not clear from the language of the statute whether "area" refers to the presently existing project area or whether it refers to the general area in which the proposed redevelopment project is contemplated. At the minimum, the language should allow you to proceed with a purchase option on that portion of the land that is within the presently existing project area .. I hope that the above information will be of assistance . If you have further questions , please feel free to contact me. Sincerely, ?t_t'fi> � �. Arlin B. Waelti ABW/lb cc : John Keith Anderson PROPOSED AMENDMENT TO THE AMENDED ",EDEVELOPMENT PLAN FOR THE ELDERLY HIGHRISE REDEVELOPMENT PROJECT The Amended Redevelopment Plan to the Elderly Highrise Redevelopment Project is hereby amended to add the following: 1 . Under statement of objectives, the following objective shall be added: ' "To provide for development of property within the district. " 2. Under statement as to the development program for the district, the following sentence shall be added: "The Authority shall acquire Lots 8, 9 and 10 of Block 7, Original Shakopee Plat for the construction of street right-of-way on a portion thereof and for resale of the remainder to a developer or such other use as is consistent with the plan. " Dated this 30th day of July, 1982 RESOLUTION NO. 82-5 A RESOLUTION DETERMINING TO UNDERTAKE AN AMENDED REDEVELOPMENT PROJECT BE IT RESOLVED by the Housing and Redevelopment Authority of the City of Shakopee, Minnesota, as follows: Stction 1 . Recitals. 1 .01 . There has previously been established an Elderly Highrise Redevelopment Project No. 1 . 1 .02. There has been prepared and presented to the Authority an Amendment to the amended Revelopment Plan dated July 30th, 1982, proposing an amendment to said Elderly Highrise Redevelopment Project, Project No.1 (the Project) . 1 .03. The Authority has investigated the facts and reviewed the proposed Amendment, and hereby finds, determines and declares that it is necessary and in the best interests of the City and its inhabitants for the Authority to undertake and complete the Project in accordance with said Amended Redevelopment Plan, and in accordance with the modification authority in Paragraph XI of the original Amended Redevelopment Plan for said Project. 1 .04. The undertaking and completion of the Project in accordance with said Amended Redevelopment Plan, will result in the accomplishment of the public purposes and objectives set forth in Minnesota Statutes, Sections 462.411 through 462.485. Section 2. Submission to Planninv Commission. The Secretary is authorized and directed to submit a certified copy of this Resolution and said Amendment to the Redevelopment Plan to the Planning Commission of the City and shall request the Commission to issue its written opinion as to whether said Amendment to Redevelopment Plan conforms to the comprehensive plan for the development of the City, the Zoning Ordinance and to any other general plan for the development of the Project area and surrounding area. Section 3. Submission to City Council . The Secretary is authorized and directed to submit a certified copy of this Resolution to the City Council and requests that said City Council accept the proposed Amendment and call a public hearing on said Amendment to be held at some time subsequent to the receipt of the written opinion of the Planning Commission that the Amendment to said Redevelopment Plan conforms to the comprehensive plans for the development of the City and for the conformance to the Zoning Ordinance and any other general plan for the development of the Project area. Upon receipt of such written opinion by the Planning Commission and subsequent to the holding of said public hearing, this Authority does request that the City Council approve the Amendment to the Redevelopment Plan in accordance with Minnesota Statutes, Section 462.521 . Adopted in Regular Session of the Housing and Redevelopment Authority of Shakopee, Minnesota, held this 3rd day of August, 1982. airman Executive Director Approved as to form this day of August, 1982. City Attorney arc ft MEMO TO: Members of the Shakopee Housing and Redevelopment Authority (HRA) FROM: Jeanne Andre , Executive Director RE: Closing Under the 235 Homeownership Program Fourth and Minnesota Neighborhood Revitalization Project DATE : July 29 , 1982 Background The final single family unit in Macey Second Addition should be ready to close in the next few weeks . The unit is on Lot 5 , Block 3 and is to be purchased by Robert and Mary Heimerman. The unit is not yet complete , but will be before staff arranges for the execution of the deed. The Shakopee Building Inspector and FHA inspector must grant final approval before the closing can occur. The final twin units should also close within the next month. Requested Action The following motion should be adopted by the HRA to prepare for the closing : Authorize appropriate HRA officials to make , execute and deliver deed to Lot 5 , Block 3 , Macey Second Addition, subject to inspec- tion and approval by staff of improvements constructed therein, to Goodwin Builders, Inc . This action to be in accordance with contract for deed between Goodwin Builders , Inc . and the Shakopee Housing and Redevelopment Authority, for the purpose of conveying said property to authorized buyer identified by HRA. JA/jms TENTATIVE AGENDA REGULAR SESSION SHAKOPEE , MINNESOTA AUGUST 3, 1982 Mayor Reinke presiding 1] Roll Call at 7 :00 P.M. 2] Communications : a] Tom Lannon re : candidacy for County Auditor b] Harry Weinandt, re: cost of public improvements c] John Ahern, re : 101 watermain assessments 3] Liaison Reports from Councilmembers 4] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS : 5] Old Business: a] Cable Communications Franchise Ordinance - discussion only b] Application for On Sale 3. 2 Beer License by Sub-Machine Shop Inc . , 1350 East 1st - tabled 7/20 - memo on table c] Request from St. Francis Hospital for Vacation of W 6 ft. of Atwood btwn. 4th and 5th - Res. No. 2034 d] Report on Sludge Ash Siting for Site #31 , Shakopee Sludge Farm e] Reconveyance of Part of the Land Containing the Old Shakopee Treatment Plant f] Off Sale Liquor Licenses g] Changing the Permanent Improvement Revolving (PIR) Fund Into A General Capital Improvement Fund Without A Payback Requirement h] Ordinance 73, Which Regulates and Governs the Use of Parks 6] Planning Commission Recommendations: None 7] Resolutions and Ordinances: a] Res. No. 2039, Setting A Hearing On Expanding The Boundaries of the Highrise Tax Increment Project and District b] Res. No. 2031 , Expressing Appreciation to Linda Willemssen c] Res. No. 2032, Establishing A Policy for Values In Vacant Lots in the City d] Res. No. 2033, Stating the Policy of the City of Shakopee for the 1982 Assessments 8] New Business: a] 8:00 P.M. Public Hearing - Paving of Alley In Block 50, lying btwn. Sommerville & Lewis and btwn. 3rd and 4th - Res. 2036 . (bring feasibility report) b] 8: 15 P.M. Public Hearing - Storm Sewer Improvements to Block 2 , Timber Trails - Res. 2035 (bring feasibility report) c] Request for Improvements to 5th Ave. btwn Spencer & Main, Res. No. 2037 d] Res. No. 2038, Accepting Bid on CR-83 Widening & Paving e] Approving Amendment to Infiltration/Inflow Contract f] Smoke Testing of City Sewer Lines - informational g] Storm Sewer Policy (bring memo 9f from July 20th agenda) h] Park Dedication Agreements i] Mobile Home Legislation j ] Authorize payment of the bills in amount of $867,331 . 50 9] Consent Business: a] Travel/Subsistence Reimbursement - Stephen Hurley b] Unpaid Assessments on Abandoned RR Property Being Acquired by the City c] Temporary Beer License for Shakopee Jaycees 10] Other Business: a] Status on labor negotiations b] 11] Adjourn to Tuesday, August 10, 1982. John K. Anderson, City Administrator RECEIVED (10L/ JUL 1 91982 CITY OF SMl4KOPES July 15, 1982 City Council City of Shakopee Council Members: I would like to take this opportunity to announce my 'candidacy for Scott County Auditor. I view taxation as one of the major interests shared by cities and the county. It is my sincere intent to review and change tax reporting formats presently used in the County Auditor's Office in an effort to make them easier to understand. It is my further intent to respond personally to your questions and concerns regarding taxation and other matters important to cities. Respectfully, T. J. "Tom" Lannon T..1.Lannon 17382 Sunset Tr.,S.W. / n .2GyriZ/Z-�C� ����C ��`� "�l�t ��ll�c b� ci �unJ_ / Prior Lake,MN 65372 ;2E) • July 29 , 1982 Honorable Council Weinandt Acres I was not preent at your July 6 ,1982 meeting w herein you discuss my concern per letter written to you Ma y 28,1982. John Anderson and I had met with Juluis Coller previous to your July 6 ,1982 meeting and at that time arbitration was considered, rather then court action. Which would be less costly to the city and myself. I feel due consideration should be given and a motion should be made and voted on as to the above . I also met with Leroux, Colligan, Anderson, and Spurrier on the road site and they agreed that the shoulder of the road did not meet specifications and being the city had accepted the road that additional class #5 required would be placed at no cost to me . There were other items also that they considered must be taken care of. As of this date I have not been imformed of when this will be done . AL- Harris L I. Harris L. Weinandt •Y 't.r F L (1i 1982 e,�• �.W4'.UPEE (:2 C-- MEMO TO: John K. Anderson/City Administrator FROM: Judith S. Cox/City Clerk RE: 101 Watermain Assessments for John J. Ahern Jr. DATE: July 29, 1982 Introduction' As you will recall, Mr. Ahern met with Bo, you and myself (Lou was unable to attend at the last minute) to discuss the 101 Watermain assessment for a parcel of land which he was in the process of buying at the time of the assessment, and which he now owns. Staff felt that the City's assessment process was followed correctly; therefore, Mr. Ahern was advised to write a letter to the City Council and to the Shakopee Public Utilities, expressing his concerns. • Background Mr. Ahern's questions come after the appeal deadline; however, he offers legitimate questions which staff believes should be brought to the Council's attention. Suburban Engineering prepared the assessment roll pursuant to Council action of August 18, 1981. Two assessment methods were presented to Council. One was based on a literal interpretation of the assessment policy for adjusted front footage, a second was based on actual frontage with adjustments made only for corner lot credits and did not relate to depth of a lot. Council approved the latter. According to Mr. Van Hout, Utilities Manager, SPUC did not discuss the proposed assessment roll because only the Council can levy assessments. As a result of Mr. Ahern's questions, I would like to pose the following thoughts: 1. Corner lot assessment policy - was it meant to include utilities as well as street improvements? 2. Why did the 101 trunk watermain go South from 101 adjacent to Mr. Ahern's property, rather than East? It appears it went South to serve future extensions/looping. Alternatives 1. If the direction of a utility pipe is adjusted to serve future extensions, rather than just serve the immediate area, who should share in its expense: a. abutting properties only b. all properties in the current project c. some properties who will tie in at a later date d. City and/or SPUC The current assessment policy states that when watermain looping benefits have been approved by the City's Public Utility Commission, a portion of the cost of completing said work will be paid by said utility. Mr. Van Hout explained to me that SPUC disagrees with this and does not wish to be assessed. 2. In the assessment policy, does a corner lot mean abutting a street on two sides, or abutting the improvement on two sides? v (612) 474-5724 (612) 474-4478 JOHN AHERN 20240 LAKEVIEW AVENUE, EXCELSIOR, MINNESOTA 55331 Rr"EIVED JUN 81982 CITY OF 31-IAKOPEE June 6, 1982 Shakopee City Council City Hall 129 East 1st Ave. Shakopee Minn 55379 Greetings: We' re the owners of Lot 1, Block 1, Hall ' s 1st addition in the city of Shakopee. This is an empty lot on Highway 101 on the East side of ' the city. The annual taxes on this lot are $437. 50 and the assessment for the T.H. 101 Trunk Watermain Improvement is ten times greater, $4,432. 98. (copy of tax statement attached) We ask that the watermain assessment on this lot be reduced. On the attached map of the area, you will notice that the assessments are based on "front footage" . This lot has only 90 feet of "front footage" on Highway 101, but is assessed for much more that is not "front footage" . Also, the City of Shakopee has used their "corner lot" policy when assessing this lot. As you can see on the map, this lot is not on a corner. There is no street now at this location and no street is planned. It is not a corner lot. Since the watermain is mostly on the back part of an empty lot, and not on a street, we would have no objection if you should decide to remove the remote section, if that would appear to be the best way to solve this assessment problem. Sincerely, Jo J. Ahern, Jr. • John K. Anderson Page -2- Recommendation °C) Both Lou Van Hout, nager, and John Anderson, City Administrator, recommend that it would not be in the best interest of the City to reopen and reconsider the assessments on the 101 watermain. I do believN the issue of who benefits and should share in the cost of a watermain looping should be examined. I believe the method of assessing utilities abutting more than one side of a parcel should be examined. Action Requested 1 ] Ask SPUC to direct its staff to work with City staff to study the assessment policy as it Males to walenm<iiii looping and make a recotmicndation. 2] Direct city staff to work with SPUC staff to study the assessment policy as it relates to watermain looping and make a recommendation. 3] Direct staff to review the corner lot assessment policy as it relates to utilities. 4] Direct staff to advise Mr. Ahern that the assessment process was correctly followed and that the City does not wish to take any further action. JSC:cu 2' TO: John Anderson Prom: Lou Van Hout RE: John Ahern letter of 6/6/82 Date: July 13, 1982 At its last meeting (7-7-82) the Utilities Commission considered the letter from John Ahern regarding an assessment and voted to send a re- commendation to City Council to not reopen the assessment hearing and that the Utilities Commission declines payment of any damages regarding Mr. Ahern's assessment. 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V 0411- t_wiAlY '...J .., a •••- 0.1 ri 0.M.StAq_UXZ :J1 -4 (c-i) o ci. 2wxcc-w4x< . , -------4 4 ) . z a.;.---, \ 0 Simi / tO ' U) z . ' z _ Z (� m N Q ..A... O N � ram, 1 \ , , _ Cr a H (I) iLi J 41 N-1 Ili N y' . k _s v/ tt.L, 0 0 zrorthoL0 H' --. ‘ . - 8 ....1..etto _ o 0 } z N 'O Q O C (I'D t" O — N-O ' 0 ¶ 3 v o W N < ZNO -J (/) 2 h- o N co ,s ' W -j Z NO t co (T.'� Q 0 Q 1-; N 0 -_ Y �` d D >- LC O8'Qh`8 o Cr Q N O O w H rt ~ z Li. M to p 0 L 0 p > m AW Q o m i- ' N m Y 0 477 O W W : \ i < W s Cr CC � W A COJ ir‘ \'', 2 • W 1 f °G o' EXCERPT from City of Shakopee Special Assessment Policy Res. No. 1282 and 1298 . I X. POLICIES AND PROCEDURES FOR ASSESSING SUBSURFACE IMPROVEMENTS • Storm sewer assessments shall normally be by the "area" method . Storm sewers shall be assessed at a rate of a 50% policy as 'herein described . A . Storm sewer benefits will be assessed separately for trunk benefits and lateral benefits . B . Platted and/or Developed Land as of 8-10-76 Cost of trunk and lateral : 1 . 50% of the cost will be raised from General Obligation Taxes . 2 . 50% of the cost will be raised from Special Assessments C . Unplatted and/or Undeveloped Land Cost of laterals : 100% of the cost will be assessed to private or public property (but not public right-of-way) . Cost of trunk I . 50% of the cost will be raised from General Obligation Taxes. 2 . 50% of the cost will be raised from Special Assessments. Specific Provisions A. Any publicly owned off street , non right-of-way property will be assessed as private property and included as part of the 507. assessed portion. B . Any revenue received from other governmental units for public right-of-way will be used as general obligation revenue . Amended C. Property zoned or used as other than single and double by Res . family residential land and park land will be assessed at #1298 twice the rate of single and double family residential land and park land . • D. Credit will be given for any previous storm sewer assessments less than 25 years old at the date of assessments in both the platted and newly developed areas. ( 15) A fY IX . Continued Assessments for watermain and sanitary sewer shall be based upon the cost of construction of 6-inch and 8-inch mains respectively, which is the smallest now normally installed in a residential ' area of the City . Assessments for water and sewer in commercial and industrial areas will be based upon 8-inch mains . LWhen watermain looi'ir.g benefits have been approved by the City ' s Public Utility Commission, a portion of the cost of completing said work will be paid by said utility . Costs due to larger mains and appurtenances may be paid for by a combination of availability charges , user charges and general obligation funds . Services installed to individual properties shall be fully assessed to the benefiting property. The various methods of assessments are as follows : A. Adjusted Front Footage Method (Water and Sanitary Sewer) When assessment is to be determined by the adjusted front footage method , each parcel shall be assessed for improve- ments as hereinafter stated . 1 . Rectangular Interior Lots The rectangular lot is defined as having no more than 2 .0 feet difference between the front and back lot lines . The adjusted front footage is the actual front footage of the lot . For rectangular lots whose frontage is greater than its depth , the "odd shaped lot" method as explained below shall be used. 2 . Odd Shaped Lots (Unit Bases) For odd shaped lots , such as exist on cul-de-sacs, curved streets , etc . ; and where there is more than 2 .0 feet of difference between the front and back lot lines , the "odd shaped lot" method of determining the adjusted front foot- age shall be used . The adjusted front footage shall be computed by dividing the area of the lot by 9,000 to determine the equivalent number of front footage units in the parcel . The number of units multiplied by 60 feet will give the adjusted front footage . The area shall be computed to a maximum depth of 150 feet only . ( 16) PN IX . Continued 3 . Corner Lot (Odd lot ) a . Corner lots will only be assessed at a rate of 50% of the unit rate for the lot in question for the short side for each street improved . If both streets are improved simultaneously , 100°% assess- ment rate per unit will be used . b. Alternate method #1 All lots within the block in question will be assesse equally for long side street improvements . Short side street improvement will be as shown in (a) above . c . Alternate method #2 100% of the adjusted footage cost for all utilities on the short side of the lot . 25% of the adjusted footage cost on the long side of the lot . This will not exceed 100 feet of credit for the lot in question . B. Per Lot Method When it is determined to assess by the "per lot" method, the following procedures shall be used : 1 . All lots shall be assessed equally . C. Area Method When it is determined to assess by the "area" method , the following procedure shall be used: 1 . Each parcel shall be assessed based on the number of square feet of area within its boundary. CJII/k1k ( 17 ) MEMO TO: John K. Anderson/City Administrator FROM: Judith S. Cox/City Clerk RE: Application for On Sale 3 . 2 Beer License by The Sub-Machine Shop Inc . DATE: August 3, • 1982 Introduction: The City has received an application for an On Sale 3 . 2 Beer License from The Sub-Machine Shop Inc . at 1350 E. First Ave . Background : The application is in order. Taxes are paid through May 31 , 1982. Alternatives : 1 . Approve application. 2 . Deny application. Recommended Action: Approve application and grant an On Sale 3 . 2 Beer License to The Sub-Machine Shop Inc . at 1350 E. First Avenue . JSC :cu MEMO TO: H.R. Spurrier/City Engineer John K. Anderson/City Administrator FROM: Judith S . Cox/City Clerk RE : Request for Vacation of West 6 ' of Atwood between 4th and 5th Avenues DATE : , August 3 , 1982 Introduction: On August 2nd I was advised by Mr. Coller, the City Attorney, that it is necessary to hold a public hearing on the more recent request from the hospital to vacate the W 6 ' of Atwood between 4th and 5th. The hearing recently held on the vacation of the whole street is closed . The reason for the vacation request is to permit two 12 ,000 gallon fuel tanks to be located within the Westerly 6 ' of Atwood. Mr. Coller has advised me that as an alternative to the vacation the Council could provide St . Francis Hospital with an agreement to bury two 12 ,000 gallon fuel tanks within the Westerly 6 ' of Atwood. Alternatives : 1 . Vacate W 6 ' of Atwood - a public hearing date would have to be set . 2 . Enter into an agreement with the hospital permitting the burying of the fuel tanks . Recommended Action : Authorize the proper City Officials to execute an agreement with St . Francis Hospital allowing them to bury two 12 ,000 gallon fuel tanks within the Westerly 6 foot r-o-w of Atwood between 4th and 5th Avenues conditioned upon the City being held harmless . JSC : cu MEMO TO: John K. Anderson City Administrator FROM : H. R. Spurrier _� City Engineer RE : Vacation of a Segment of, Atwood Street Between 4th Avenue and 5th Avenue DATE : July 30, 1982 Introduction : In the attached letter from Thomas K. Prusak, Director of Operational Services, St. Francis Hospital, a request has been made for the partial vacation of a segment of Atwood Street in order to correct an old problem as well as a new problem. Background : On July •20, 1982 City Council held a public hearing on the vacation of Atwood Street between 4th Avenue and 5th Avenue. The problem discussed in Mr. Prusak's letter pertains to Atwood Street between 4th Avenue and 5th Avenue. The suggested action corrects an old problem of the encroachment of an existing 12,000 gallon fuel tank on public right-of-way and the construction of a new 12, 000 gallon fuel tank which has been completed except for backfilling, adjacent to the existing tank. Pursuant to City Code, the hospital's contractor has been ordered to remove the tank, constructed in right-of-way. The contractor has been permitted to postpone the actual relocation until after Council has had an opportunity to act on this particular matter. The solution to the problem is simply vacating the west 6 feet of Atwood Street between the north line of Block 58 and the south line of Block 58, reserving for the City a sidewalk easement over that land and waiving the requirement of Resolution No. 1818 for reserving utility and drainage easements since it would be impractical to install utilities over the fuel tank. The considerations staff suggests that Council make regarding this vacation are as follows: 1. The effective right-of-way width remains unchanged since the City would reserve a sidewalk easement. 2. It is unlikely that Shakopee Public Utilities would install facilities under the sidewalk. John K. Anderson July 30, 1982 Atwood Vacation Page -2- 7 G/ 3. Subdivision regulations currently require only 60 feet of right-of-way in a similarly zoned district where even with the vacation, the right-of-way width will be 74 feet. 4. The existing roadway is centered in the right-of-way making it unnecessary to acquire more or less right- of-way on one side of the roadway or the other. Therefore, it is the recommendation of City staff that the west 6 feet of Atwood Street be vacated; such vacation would be considered only part of the action taken as a result of the public hearing held July 20, 1982 on the vacation of Atwood. Action Requested : Adopt Resolution No. 2034, A Resolution Vacating Part of Atwood Street Herein Described. HRS/jiw Attachment )'C� 1 (t.St. Francis Hospital All :1111111 :41 - 325 WEST FIFTH AVENUE•SHAKOPEE,MINNESOTA 55379•(612)445-2322 S July 29, 1982 Mr. Henry Spurrier City Engineer City of Shakopee 129 East First Avenue Shakopee, MN 55379 Dear Bo: On Tuesday, July 27, 1982 our Mechanical Contractor excavated an area to the east of St. Francis Hospital to place a new 12,000 gallon fuel tank. The footings for the new tank were placed such that it directly alligrls with our existing 12,000 gallon fuel tank. The tank could not be moved any closer to the building for two reasons: 1 ) a large rock which could not be removed with the equipment on site prevented the tank being positioned on the S. W. corner; 2) the footings of the hosp- ital would require underpinning if any more excavation were to take place at this site. On Thursday, July 29, 1982 the City was asked to inspect the placement of the tank prior to closing the hole and it was discovered that both fuel tanks extended approximately 5 feet into the City Right of Way. I respect- fully request that the 6 foot Right of Way east of our property line of Block 58 be vacated or waived from City Code. The hospital would hold the City harmless for all liabilities if the Right of Way was waived. This is an ideal location for the tank in that it is right next to our boilers and we will receive maximum efficiency for the storage of #6 fuel oil which must be preheated to 200° F before being fed into the burners. We have expended approximately $2,000 on the crane, excavation, footing and labor to date. If the new tank must be moved we would expect to expend an additional $ 700 for the crane, $ 400 for excavation, $ 500 for new footings, $ 400 for underpinning and $ 600 for labor. I would greatly appreciate your efforts to expedite my request because any significant rainfall could result in both the tank and the footings floating and the hole, while fenced, is a hazard. Sincerely, _ Thomas K. Prusak Director of Operational Services SPONSORED BY THE FRANCISCAN SISTERS OF ST. PAUL, MN . . . C.) (.....-' I .....______._ . Fourth Street _ ',sill' __________ ___--- s . IIII ...—--7_.-0--......... IT ...„ c... 4.,..,.., ;,....... lb C e 1I •••...0.1. Li I --•2 tt.!..A- ge ,,,c,..,..,7•44*4 .........*Le.2 1 •• . l'' I ---....•\ Kt KA' 1 1 4 H •i, -- ----", *.erxt !MY ! I. 1 i ! I.I S.'•11,.... 2::- .6 r. 41 I I ! -1 I 1"--! 1 ( . i ItrOk vt%e i . I ! I 1I 1 14• .'-" -c' ( ! ,,,,.....- ....1:. .i 1 ! 1 li ! ' r-s's, .:0(111.• - ....-......--.....0.—• I 1 • . -.....„ ........ .e• , VG. .•• . i i --. •• , .... _,....._.t. _ 1 a• **-- .. i i 1 C 1 . ...-1. .... - • „,,___ _.... • ._— ; 0 . e• • .. 4 , ; t I .. • ‘• 't; it --. 1 t% -.1 i .r•.. ••.t 4 i i . tt• to -• • ...! , , I 44• . c....c... to...• . ...... . , -4,' i '. . 1.....,\I .' 1 • • : ,..: ME • .,••••s' tEl 1, , — . , ,5•4 ,.,- 64 o' S4'•Jr. I s* "... i40,I ST1141 ft ', :17 Fah elk - 1 - . •-0. NZ% [. 1 - Avl A' .;-•• P•to-•• f -- _ _ -i 4 , t...or,s.= 1 -,.. I . 112.-...1.,..."n• --- !!.! t !!-,• firl....") .4.. 4.....•-•' •...... wl• - .., ........., 1 I 1 i . t•- I. • I ! 1 1 ..0. •c. P I I , . .... _ . . _. _ ! Ty 1 ...._ - - Fifth Street ...ea 0 .v...".'No,' , elmv "0.11, 1 .-•..- -............e......... ....................-- —.....--... .................. .................. ..... ...................... ...... -.--,.-....•-,..-- ,.....a-:: ..•--es-^-r. 4 , _ l RESOLUTION NO. 2034 A Resolution Vacating That Part Of Atwood Street Herein Described • •WHEREAS, it has been made to appear to the Shakopee City Council that the West 6 feet of Atwood Street between the North line of Block 58 and the South line of Block 58, Shakopee City, Scott County, Minnesota no longer serves any public interest or use save and except for the maintenance of a sidewalk easement over said West 6 feet; and WHEREAS, requests have been made to vacate Atwood Street between Block 57 and Block 58 and the City has set a hearing which was held in the Council Chambers of the City Hall in the City of Shakopee at 8:45 P.M. , on the 20tH day of July 1982; and WHEREAS, two weeks published notice has been given in the Shakopee Valley News and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, on the bulletin board in the Shakopee City Hall and on the bulletin board at the Shakopee Public Utilities Building; and WHEREAS, the Council hereby determines that the West 6 feet of Atwood Street between the North line of Block 58 and the South line of Block 58, Shakopee City, Scott County, Minnesota serves no public interest except for the maintenance of a sidewalk easement, and that it would be to the best interest of the City to vacate a portion of said thoroughfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the West 6 feet of Atwood Street between the North line of Block 58 and the South line of Block 58 be, and the same hereby is vacated; reserving however unto the City a sidewalk easement and the right to repair, service, enlarge and maintain the same. BE IT FURTHER RESOLVED that this resolution shall be in full force and effect from and after its passage. Adopted in session of the Shakopee City Council held this day of , 1982. Mayor of the City of Shakopee ATTEST Approved as to form this ___--- day of , 1982. City Clerk City Attorney MEMO TO: Mayor and City Council FROM: John K. Anderson/City Administrator RE: Report on Sludge Ash Siting for Site #31 (Shakopee Sludge Farm) DATE: July 30, 1982 Introduction: Councilmembers should recall that after the MN Pollution Control Agency (MPCA) hearing examiner ruled on Site #31 both Rod Krass and I followed up requesting clarification. Findings: I sent a comprehensive list of questions to George Lusher, the Administrator of the Metro Wastes Control Commission (MWCC) and his responses are attached. His letter provides Shakopee with the first thorough picture of MWCC's plans for the site. So, I urge you to read it carefully and call me with any questions you might have about the letter or the attachments which are lengthy and which I have not included in your agenda packet. Upon receipt of the letter I sent copies to Rod Krass and Al Frechette and specifically asked them for their analysis of the MWCC plans for the site. Their responses are also attached. Alternatives: 1. Monitor MWCC action without taking any specific action to alter the MWCC's current plans for the site. This alternative would mean that if the plan is followed the City would allow MWCC to proceed unless the plan, or their application of the plan, was changed. 2. Direct staff to take additional steps to keep some pressure on the MWCC to sell the site short of legal action. This could take the form of timely letters to Met Council, MWCC, State Senators, etc. , requesting that the site be sold. The latter could be asked to reintroduce legislation calling for the sale of the site. 3. Direct legal staff to take legal action contesting the siting procedures, along the lines noted in Rod Krass's letter. The potential success of following this alternative is discussed in Rod's letter. Recommendation: Staff recommends Alternatives #1 and #2 because of the comments made in the letters from Rod Krass and Al Frechette. Action Requested: 1) Direct staff to monitor the MWCC's plans for Site #31, the Shakopee Sludge Farm, as they have been set forth in Mr. Lusher's letter dated 7/16/82, and to report any change in the plan or its application to Council. Mayor and City Council Page -2- 2) Direct staff to again contact our State legislators after the election to ask them to introduce a bill to require that the site be sold. JKA:cu i RECEIVEDN JUL2 ° 1982 2 CITY Or SHAKOPEE July 16, 1982 Mr. John K. Anderson City Administrator City of Shakopee 129 East First Avenue Shakopee, MN 55379 Dear Mr. Anderson: The purpose of this correspondence is to reply to your letter dated June 3, 1982, which posed several questions relative to Commission property in Shakopee, referred to as Site 31. Both the Hearing Examiner and the Minnesota Pollution Control Agency have recommended that Site 31 be certified as intrinsically suitable for application of Blue Lake sludge at agronomic rates. After reviewing both the Hearing Examiner's report and the MPCA staff's report, we have attempted to address your questions in the following paragraphs. 1. The term, "agronomic rates", has not been defined in the MPCA Sludge Management Rules; however, it is generally accepted as meaning a rate which will yield sufficient available nitrogen for crop growth. The MPCA Sludge Management Rules (6MCAR 54.6101 through 4.6136) are based on the concept of limiting the application rate of available nitrogen to that consistent with usual agricultural practice. This limitation is based on the soil type, crop, expected crop yield, other fertilizer applications, and carry-over nitrogen from previous applications as set forth in 6MCAR 54.6135 -- See Page 38 of Attachment Number 1. 2. Although the Commission does not lease land for applying sludge, we do apply sludge from the Metropolitan Wastewater Treatment Plant and several of our smaller plants to private farmland. During 1981, sludges were applied to approximately 200 such sites in nine area counties. The method outlined above is always used for determining the allowable available nitrogen loading. The MPCA rules make no distinction between a facility (owned by the Commission) and a site (private farmland) when the available nitrogen limit is determined. 3. The MPCA Sludge Management Rules require that sludges be treated by a process to significantly reduce pathogens prior to application to a site or facility. Since such a process does not currently exist at the Blue Lake Plant, some substantial modifications would be required before that plant's sludge could be applied to farmland. In the following example, it is assumed that the Blue Lake sludge will be anaerobically digested and the resulting stabilized solids will be thickened and dewatered using centrifuges. It is further assumed that the resulting cake will have a solids concentration of 350 METROIOURRE BLDG. 7TH&ROBERT ITREETI /RIf1T PRUL inn 55101 612 222.8423 Mr. John K. Anderson City Administrator July 16, 1982 /U Page 2 13% and that the organic nitrogen and ammonia nitrogen concentrations of the cake are 4% and 1% respectively, on a dry-weight basis. 'The above assumptions yield a sludge with an available nitrogen content of approximately 25 pounds per dry ton. It is assumed that the available acreage will be cropped with corn with an estimated yield of 100 bushels per acre. For these conditions, 6MCAR §4.6135A-1 (Page 39 of Attachment Number 1) establishes the available nitrogen limit of 150 pounds per acre for medium textured soils and 130 pounds per acre for coarse textured soils. The resulting allowable sludge loading rates for the 10-year period you proposed are tabulated below. DRY TONS PER ACRE YEAR Coarse Soil Medium Soil 1 5 6 2-10 4 5 Total : 41 51 The reduced loading rates for years 2-10 are required because of the consider- ation of carry-over nitrogen as set forth in 6MCAR g4,6135B (Page 40 of Attachment Number 1). In addition to the limitation on annual nitrogen applications, MPCA has established limits for the annual application of cadmium and cumulative limits on cadmium, copper, lead, nickel , and zinc. If the average Blue Lake sludge analyses for 1981 are used, the annual cadmium addition is well below the limiting rate. The cumulative copper limits for coarse and medium soils establish life-time sludge loading limits of approximately 33.5 and 67 dry tons per acre, respectively. This would limit the use of a coarse soil to approximately 7 years. It is currently assumed, however, that the copper concentrations of the Blue Lake sludge will be reduced by approximately 30% to 50% within 2-3 years because of our industrial pretreatment compliance requirements. Thus, it appears that the entire acreage may be used for more than 10 years. In order to estimate the total loading for the 10-year period, the separation distances required by MPCA rules, as well as the Hearing Examiner's restric- tions must be taken into consideration. In doing so, it is assumed that all potable water supply wells within 1,000 feet of the Commission's property are finished with a depth of 50 feet or more. If on-site investigation proves otherwise, the acreage available for sludge application would be decreased accordingly. Notwithstanding the last restriction, it is estimated that approximately 100 acres of coarse textured soils and 400 acres of medium textured soils would be available for sludge application, yielding a total average annual application of approximately 2,400 dry tons during the 10-year period. 4. Application of sludge to private farmland is limited by a number of variables, including planting and harvesting schedules. For private farmland, the Commission has no control over these schedules; however, the planting and harvesting schedules for Commission owned property can be adjusted to meet the needs of the treatment facility. While most farmers want sludge applications Mr. John K. Anderson City Administrator July 16, 1982 Page 3 during relatively short periods of time in the spring and the fall , we could prepare a cropping schedule that would allow application during mid-summer or .early fall , and thus, minimize storage at the treatment 'plant. The Shakopee property in particular has considerable value because it provides one large parcel suitable for applying approximately 33% of the sludge produced at the Blue Lake Plant within a relatively short haul distance of the plant. 5. As of May 31, 1982, the Commission had MPCA letters of approval for 87 sites, totaling approximately 2,350 acres. In addition, MPCA approval was pending for 65 sites totaling approximately 1,800 acres. Only three of the approximately 150 sites were in Scott County; however, one landowner subsequently withdrew his request for sludge on two sites due to public pressure. The one site remaining in Scott County is approved for applica- tion of liquid sludge from our Savage Plant. 6. It is suggested that you check again with the Scott County Treasurer's Office. A cursory review of the Commission's records indicates payment of approximately $28,400.00 during the past 3 years -- See Attachment Number 2. 7. The potential sale of the Scottland Property (Site #31) is being con- sidered; however, it is highly probable that the Scottland Property will be one of the six sludge and ash sites to be designated by the Metropolitan Council in the near future. If this land is included as one of the six sites, the land would not be sold in the immediate future, to keep within the intent of the Waste Management Act. The land is, also, considered as part of the more cost-effective alternative for the disposal of Blue Lake Plant sludge. If the land were sold, then the cost-effectiveness of land spreading of the sludge could be effected. Therefore, it is not prudent for the Commission to sell the land until the above issues are clarified. It may take two or more years before a firm decision can be made on the fate of the Scottland Property. If there are any further questions, please feel free to contact the Commission. Sincerely, e 7/4 1 1 e % George W. Lusher Chief Administrator GWL:RCP:CRP:CLL Enclosures cc: Svenn Borgersen, MWCC Bob Schmitz, Minnesota State Senator Tom Rees, Minnesota State Representative Bill Sando, Metropolitan Council SCOTT COUNTY PLANNING, INSPECTIONS & ENVIRONMENTAL HEALTH COURT HOUSE A102 SHAKOPEE, MN. 55379 (612)445-7750, Ext. 350 fir; } iv ED July 27, 1982 JUL 2 9 1982 L� .;, .jr SHAKOPEE Mr. John Anderson City Administrator 129 East 1st Ave. Shakopee, MN. 55379 Dear Mr. Anderson: This letter is in response to your letter of July 23, 1982 requesting my review of a July 16, 1982 letter from the Metropolitan Waste Control Commission (MWCC) . The MWCC letter, as you know, attempted to answer a number of questions at your request. In our phone call today, you asked that I respond primarily to the issue of land spreading sewage sludge at agronomic rates on the Scott- land properties site, or Site 31 as the Metropolitan Council refers to it. My concerns regarding use of this site have primarily involved ground water protection. Because of the highly permeable subsoils in that area, the upper- most aquifer, the Prairie du Chien, has already been found to be contaminated. The MWCC ' s past proposals to utilize this site for disposal of sewage sludge or ash have therefore caused me some concern. The proposal they are considering now, spreading sewage sludge at agronomic rates, presents considerably less potential for ground water contamination. Since the use of agricultural fertilizers also poses some risk for ground water contamination, I see very little difference from this standpoint with the use of sewage sludge. This, of course, is assuming it is analyzed for heavy metals and applied in accord- ance to the Minnesota Pollution Control Agency' s rules at agronomic rates. I think the most important thing that we have accomplished in all of our battles with MWCC over the use of this site, is that we appear to have succeed- ed in restricting their use of this site to the level of a privately owned farm. Sincerely, 1,16-ft 7171e.e/41 2) Allen J . Frechette Environmental Health Specialist AJF/kb An Equal Opportunity Employer Law Offices ofr° �re i4�r � KRASS, MEYER, KANNING, & WALSTEN JUL % '~' �u7 Chartered Phillip R. Kress Shakopee Professional Building ,'- _ Barry K. Meyer 1221 Fourth Avenue East rl ( �r�jy'1e�i\�� s Philip T. Kenning Shakopee, Minnesota 55379 Trevor R. Walston (612)445-5080 V MEMORANDUM TO: John Anderson FROM: Phillip R. Krass DATE: July 29, 1982 RE: MWCC Letter I have reviewed the MWCC letter of July 16th. After reviewing my file in this matter, it appears to me that the statements set forth by Mr. Lusher are consistent with my understanding of the report of the hearing examiner and recommendations of the Minnesota Pollution Control Agency with respect to Site 31 . It appears to me that the report and recommendation simply allow the MWCC to treat Site 31 in the same manner they would treat any farmland within the state. It allows the treatment of Site 31 in the same manner as provided for four years by the statutory solution to the sludge farm lawsuit. If that was a reasonable solution to the litigation. then I must conclude that the recommendation is a reasonable use of the property. Ob o d hands agaiin,ributlI ,knowoofwnolwayatoer see legallyhat compelperty that shorrtand of anspeciale law. P As I have indicated previously, the procedure utilized for the certification of Site 31 under the statute as amended, seems highly questionable. I think a good legal argument can be made that the Metropolitan Counsel has not followed the letter of that statute. However, I am not certain what the practical effect of that failure is considering the fact that the M6CC proposes to use the site in the same manner as it would use that site. if it were under private ownership and the private owner indicated a willing- ness to utilize sludge at agronomic rates. In other words, I have a concern that a judge is liable to conclude that the Metropolitan Counsel failed to follow the law, but there is no real harm done. That could be a conclusion reached after long and costly battle which I cannot honestly recommend. Yours very truly, KRASS, MEYER, KANNING & WALSTEN CHARTERED' Phillip R. Krass PRK:ph File #1-1373-123 MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE : Reconveyance of Part of the Land Containing the Old Shakopee Treatment Plant DATE; July 30, 1982 Introduction Attached is the Turnback Agreement between the Metropolitan Waste Control Commission (MWCC) and the City of Shakopee, and a cover letter. from George Lusher. This is a key first step in getting the site turned over to Wally Bakken who will clean it up and develop it . Procedures The turnback and sale to Mr. Bakken has faced one stumbling block after another, but we are getting closer. The MWCC staff has accepted the Turnback Agreement and I am now submitting it to Council for your approval . Upon approval by City Council , I will contact MWCC so they can execute the Turnback Agreement and the quit claim deed. As we now understand the procedure they will not turn the quit claim deed over to the City, however, until Mr. Bakken makes the improvements called for in the Turnback Agreement . Upon receipt of the quit claim deed by the City the MWCC will be out of the picture and the City will then execute an agreement with Mr. Bakken similar to the Turnback Agreement between the City and MWCC and then cash Mr. Bakken' s $4000 check and give him the quit claim deed upon the passage of a resolution stating that the property is surplus and no longer needed. Concerns Staff has only two concerns with the Turnback Agreement and has pointed those out to Mr. Bakken. They are the inclusion of the word "maintain" in paragraphs "I-E Driveway Fence" and "II-B Concrete Clarifier/Grit Chamber" on pages 2 and 3 . I will be discussing these concerns with MWCC staff Monday, August 2 , 1982 . Mr. Bakken was also concerned about having to do the work required without a deed in hand so we will also be asking about an alterna- tive under which MWCC would get a performance bond and turn over the quit claim deed immediately. Should MWCC refuse to consider the above concerns Mr. Bakken will go ahead with the project anyway in an effort to finalize the whole messy process . Reconveyance of Part of the Land Containing the Old Shakopee Treatment Plant Page Two July 30 , 1982 Alternatives 1 . Approve the Turnback Agreement . We have Mr. Bakken' s $4000 so we know he will in turn enter into an agreement with the City. 2 . Approve the Turnback Agreement with the changes mentioned under the section above entitled Concerns . 3 . Disapprove of the Turnback Agreement . Recommendation Staff recommends alternative No. 2 if MWCC staff will concur and alternative No. 1 if they will not . This recommendation is based on the assumption that the City will obtain a performance bond if the MWCC agrees that Mr. Bakken can do the improvements after the deed is turned over to the City. Action Requested Approve the Turnback Agreement between the City and MWCC for the Old Shakopee Treatment Plant . JKA/jms JUL 261982 SQ) C!7}'OF *3IAKflPEE July 20, 1982 City of Shakopee 129 - 1st Avenue East Shakopee, MN 55379 Attention: John K. Anderson, City Administrator Re: 2nd Stage Reconveyance of Part of the Land Containing the Old Shakopee Treatment Plant Dear Mr. Anderson: Originally in September of 1980 the MWCC reconveyed a 0.259 acre parcel of the old treatment plant property to the City of Shakopee in accordance with MWCC Resolution No. 79-13 (Business Item "F") as approved January 16, 1979. Subsequently, by a letter dated May 4, 1981 from this office the 2nd stage reconveyance of a portion of the remaining 2. 116 acres to City was indicated wherein the MWCC would retain fee title to only the 0.513 acre area necessary for our existing pumping station (L.S. #16) . This site is shown as parcel "A" on the attached survey originally dated September 25, 1980 and recently revised on June 16, 1982. You will note parcel "B" (1.603 acres) then is the remainder and that is to be deeded to the City with the understanding that the MWCC is to retain a 1.019 acre easement for our protecting dike and a 0.017 acre easement area for the fence jog to accommodate our access manhole as shown on the revised survey. Our attorney, Robert Lindall , has now revised the Turnback Agreement in accordance with our meeting in this office on December 31, 1981 and a copy is enclosed for your review and subsequent submittal to the Shakopee City Council . We understand Mr. Wallace Bakken has filed with your office a certified check in the amount of $4000 to insure that he will complete the fence relocation and lift station site restoration requirements to our satisfaction per the agreement. The signed Quit Claim Deed Document will be furnished to you for the actual land transfer after the City Council accepts the Turnback Agreement and Mr. Bakken completes the site restoration. Very truly yours, _ 0/4/ George W. Lusher Chief Administrator GWL:WES:hw Attachments S5OMETRO fOURREBLDG. cc: Bernard Harrington, Director of Engineering 7TH Sf1TPAULmn551O1 Dick Berg, Comptroller 612 222.8423 Bill Blain, Director of Operations Robert Lindall , Attorney e'er TURNBACK AGREEMENT By and between the Metropolitan Waste Control Commission and the City of Shakopee for Reconveyance of Certain Real Property Dated as of , 1982. WHEREAS, the Metropolitan Waste Control. Commission ( "MWCC") , organized and existing as a metropolitan commission under the laws of the State of Minnesota, has ceased use of certain facilities previously acquired from and located in the City of Shakopee ( "City") for waste treatment purposes; WHEREAS , the MWCC now wishes to sell and the City wishes to buy the "excess" real property and facilities pursuant to the previous agreement of the parties ; WHEREAS , it is proposed that the City may elect to hereafter convey to a third party its interest in the real estate being conveyed to the City pursuant hereto (hereinafter referred to as "Parcel B") ; WHEREAS , City intends to condition its conveyance of Parcel B upon the assumption of the obligations of the City under this Agreement by its grantee , successor or assign as owner of Parcel B. Unless otherwise specifically provided herein, wherever the phrase "successor and assigns" is used in this Agreement it shall mean "successor and assigns as owners in fee simple of Parcel B, described herein. " NOW, THEREFORE, in consideration of the premises , their mutual promises, and the payment of Three Thousand Three Hundred Eight-six and 72/100 Dollars ($3,386 . 72) to the MWCC, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows : I . MWCC RESPONSIBILITIES A. Conveyance of Land . MWCC shall convey fee simple title to Parcel B, which is described in Attachment B (the "Deed") to the City, subject to the conditions described herein. B. Reservation of Dike Easement. In the Deed MWCC shall reserve to itself and its successors and assigns, forever , a 1 SJ permanent easement to operate, repair , replace, inspect and maintain the dike now existing on a portion of Parcel B which Parcel is more specifically described in the Deed ("Dike Easement") . The dike is identified as a "berm" where depicted on the map identified as "Survey for Mr . Wallace Bakken" , dated September 25, 1980, (revised 6-16-82) prepared by Harold C. Peterson, Land Surveyor of James R. Hill, Inc. , Minnesota Registration Number 12294 , which is attached hereto and incorporated herein as Attachment A. C. Reservation of Drainage Easement . In the Deed MWCC shall also reserve to itself and its successors and assigns, forever , a permanent easement to operate , repair , replace , inspect and maintain a drainage pipe or line and appurtenances, if any, over a portion of Parcel B which is more specifically described in the Deed ( "Drainage Easement") . D. Reservation of Parcel B Driveway Easement . In said deed MWCC shall reserve to itself and its successors and assigns, forever , a permanent easement for vehicular ingress and egress over and across the Parcel B Driveway Easement Tract which is more specifically described in the Deed and is depicted on Attachment A as "San. Sewer Easement" . Said easement shall include the right to use , construct, reconstruct, operate , repair and maintain a paved surface on said driveway, as well as the right to use , construct, reconstruct, operate , repair and maintain certain sewer facilities and appurtenances located within said Parcel B Driveway Easement Tract. It shall, in any event, be the responsibility of MWCC to bear the cost of any such operation , repair , reconstruction or maintenance of said sewer facilities and appurtenances within the Parcel B Driveway Easement. E. Driveway Fence . City, its successors and assigns , shall at their cost, construct and mainta a 6-foot high chain link security fence along the westerly boundary of Parcel A, except that where said westerly boundary abuts the Parcel B Driveway Easement, said fence shall be constructed along the westerly boundary of the Parcel B Driveway Easement. 2 II . CITY RESPONSIBILITIES A. Parking Lot. The City, its successors and assigns , shall construct a 1,.598 square foot parking lot to be located in the northeastern corner of Parcel A. Such parking lot shall meet the following minimum specifications: 1. One 5-inch layer of Class 5 aggregate ; 2. One 2-inch layer of binder rock ; 3. One 2-inch layer of bituminous wearing course, Number 2341. B. Concrete Clarifier/Grit Chamber . The City shall remove the concrete floors of the concrete clarifier and grit chamber now located on Parcel A to allow for proper drainage therefrom. The cavities shall be refilled with compacted fill to the surface elevation of Parcel A and improved with sod and plantings to a finished appearance. The plan for such improvements shall be subject to prior approval by the MWCC; sra l--tre maint. . . - = 6 , .n. . expe sn a oft e ' _ a a Lgms City, its successors and assigns , hereby warrant said sod and plantings for the inital 12 month period following planting and shall replace them with like materials at its expense in the event they fail to thrive. C. Dike. The City, its successors and assigns, shall repair , maintain, and reconstruct, as necessary the dike (berm) now existing on Parcel B (depicted on Attachment A) and shall improve and maintain at its own expense the top surface of the dike and drainage easement elevation to at least 724. 0 feet above sea level (1929 adjusted mean sea level) . The improvements shall consist of plantings and other landscaping , and may include a 4- foot wide bituminous walking or bicycle pathway. The plan for such improvements shall be subject to prior approval by the MWCC. In addition, the City, its successors and assigns, shall repair , maintain, and reconstruct, as necessary, the drainage pipe crossing Parcel B within the Drainage Easement described in Section I .C. hereof. 3 tr- D. Greenhouse . The City, its successors or assigns , shall remove all of the glass siding and roof in the greenhouse now located on Parcel B. Said greenhouse is identified as a "metal frame building" on Attachment A. E. Retaining Wall . The City, its successors and assigns , shall construct a reinforced concrete retaining wall along the North and East property line of Parcel A. The wall shall be 2 feet in height, 81 feet in length, and 8 inches in thickness. F. Removal of Certain Items . The City, its successors and assigns, shall remove the following for the benefit of MWCC: 1. 50 feet of existing concrete curb from the northeastern corner of Parcel A; 2. The three existing concrete pillars presently erected at the easterly end of the greenhouse building now erected on Parcel B; 3. The 4-foot wide, 61-foot length of concrete sidewalk on Parcel A. G. Sewer Line . The City, its successors and assigns, shall be responsible for operation and maintenance of any sewer lines and appurtenances located from time to time within that portion of Parcel B other than the Parcel B Driveway Easement. H. Indemnity Agreements. The City, for itself , its successors and assigns, as owner in fee simple of Parcel B, agrees that it shall indemnify, defend and hold harmless MWCC from any damage or injury, whatsoever , to sewer lines, manholes, appurtenances, driveways, buildings or fences, or other facilities or improvements now located or from time to time located upon Parcel A, including engineering , legal and other expense involved in securing performance pursuant hereto and otherwise related thereto, and the City further agrees to condition any conveyance by it of the fee simple ownership of said Parcel B upon the agreement of its grantee , successor or assign to also indemnify MWCC, its successor or assign in the same manner . In any such conveyance of its title to Parcel B, the City shall also reserve an easement for any sewer facilities 4 located within Parcel B, assuring its continued right to gain access thereto for operation, construction, maintenance, repair and reconstruction of such facilities. III . GENERAL This Agreement shall survive the delivery of the deed notwithstanding any provision of law or court decision to the contrary. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on their behalves and to be attested to by their duly authorized officers as of the date first above written. CITY OF SHAKOPEE By Its By Its STATE OF MINNESOTA ) ss . COUNTY OF SCOTT The foregoing instrument was acknowledged before me this day of , 1982, by Notary Public METROPOLITAN WASTE CONTROL COMMISSION By Its By Its 5 I MEMO TO: John K. Anderson, City Administrat. ^ / i h S . C CityClerk ` FROM: Jud Cox,, le k l' RE: Off Sale Liquor Licenses DATE: July 26 , 1982 Introduction A few months ago Council directed staff to bring to them a recom- mendation as to number of off-sale liquor licenses in the City , and to propose an ordinance to control that number. Background In a telephone survey of 19 cities conducted by John Pan, our intern, the following information was learned: a) Seven cities have municipal liquor stores : Anoka 3 Edina 3 Brooklyn Center 3 Eden Prairie 2 Lakeville 2 Mound 1 Delano 1 b) Eight cities have no restrictions on the number of off sale licenses issued with a consensus that it is not an important issue to impose limitations ; however , the zoning ordinance does dictate where liquor stores are permitted. c ) The following four cities do limit the number of licenses they issue : Excelsior - 1 license because of small area of City ( + 1-1/2 sq. mile ) Orono - 3 licenses based on 1970 census figure of 6 , 787 St . Paul - 61 licenses based on 1970 census of 308 ,686 (population decreasing) West St . Paul - issues only 8 licenses based on a very old ordinance . They have had no need to amend the ordinance because there has not been a demand for over eight at one time. There is no state limitation on the number of off sale licenses a City can issue ; however , it is the City' s prerogative to limit the number they may wish to issue . Shakopee has issued seven off sale liquor licenses , four of which are in conjunction with an on sale license. Off Sale Liquor Licenses Page Two July 26 , 1982 Shakopee City Code permits a liquor store in a B1 highway business and in a B3 central business and allows a liquor store in the B2 community business district with a conditional use permit . Alternatives e a ) Do nothing - our current City Code does not limit the number of licenses that can be issued. b) Amend the City Code to limit the number of licenses the City will issue . Recommendation I am not in a position to make a recommendation on this matter. I therefore asked the City Administrator to make the final staff recommendation. He recommends alternative a) because he feels we should not get involved in more business regulation. Action Requested Direct staff to prepare an ordinance amending the City Code limiting the number of off sale intoxicating liquor licenses the City will issue to ( 5 ) . Vote up or down. JSC/jmc_s $7C(A__ MEMO T0: Mayor and Council FROM: John K. Anderson/City Administrator RE: Changing the Permanent Improvement Revolving (PIR) Fund into a General Capital Improvement Fund without a Payback Requirement DATE: July 27, 1982 Introduction: In December of 1981 Council discussed broadening the use of PIR Fund monies by modifying the requirement to restore all money taken from the Fund. The initial proposal was to modify the PIR Fund restoration clause by amending the authorizing Resolution so that money in the fund exceeding a minimum balance of $300,000 would not have to be restored when used. However, after reviewing the attached memo dated 12-14-81 from the City Attorney, Council directed staff to follow-up on alternative #2 which would create a Capital Improvement Fund and transfer the balance of the PIR Fund, if approved by the voters, into the new fund. Problem: It is useful to review the reasons the city staff initiated this discussion in December of 1981. First, the City currently has three separate Funds that are restrictive in their use and are therefore either used very little or have ex- perienced annually increasing fund balances in recent years. The funds are the PIR Fund, the Capital Equipment Fund and Revenue Sharing Fund. The latter two funds have different revenue sources, but are currently restricted to capital equipment purchases. Second, the City has experienced the need for a general Capital Improvement Fund for funding miscellaneous improvement projects such as the Shakopee Avenue/Railroad R/W drainage project, Library Parking Lot paving and Library and Parking Lot Land acquisition (Railroad property which we financed from the Capital Equipment Fund) . These misc. projects do not generally have the capability of generating their own revenue source and thus cannot meet the payback requirements of the PIR Fund nor can they be defined as capital equipment. Third, in reviewing the Resolution creating the PIR Fund the City Attorney has determined that the very first "WHEREAS" clause (underlined in the attachment) further restricts the use of the PIR Fund to water and sewer projects only. This means that even if there were a payback for misc. projects listed above they could not be financed out of the PIR Fund. Fourth, the City Attorney has indicated that the circumstances under which the PIR Fund was established are not the same today. In 1948 any bonding required a vote of the electorate and the PIR Fund effectively packaged projects to avoid voting for small bond issues. Today bonds require only City Council action and we have been packaging projects for annual bond sales thus eliminating the need to use the PIR Fund. Alternatives: The Finance Director has stated that our Auditors have recommended against the proliferation of separate Funds; therefore, he does not recommend that we simply Mayor and Council �y Page -2- create a new General Capital Improvement Fund. He would prefer to see it replace an existing fund if it is created. This leads to the following alternatives: 1. Alternative #1 is the one outlined in the City Attorney's memo of 12-14-81. This alternative requires passage of an ordinance creating a General Capital,Improvement Fund and placement on the ballot this fall of a request to authorize the transfer of the PIR Fund balance to the new Fund effectively eliminating the PIR Fund. Pros - 1) This alternative does not create an additional fund. 2) This alternative replaces a little used fund with significant restraints and a growing balance with a fund that can be utilized to make City improvements. Cons - 1) This alternative requires a vote by the electoral that may or may not be easy to explain in the present climate of local tax increases,even though this isn't a tax increase or decrease. 2) The PIR Fund balance could be exhausted once in the new General Capital Improvement Fund unless some restrictions were placed on the new fund, or policy establishing that brought the fund periodic revenue (general fund balance in excess of 30%, closed out bond fund balances, land sales, grants, gifts, etc. ) 2. Alternative #2 would be to rename the Capital Equipment Fund the Capital Improvement Fund to use for General Capital Improvements. Pros - 1) This alternative does not create a new fund. 2) This alternative eliminates the duplication of purposes of the Capital Equipment Fund and the Revenue Sharing Fund. 3) This alternative eliminates a little used fund with a slowly growing balance (the balance would grow rapidly with a new industry agreement or its equivalent) with a fund that can be used to make City improvements. Cons - 1) This alternative eliminates a fund that provided a separate record for revenues from the industry agreement. 2) This alternative eliminates a fall back fund for Capital equipment purchase should revenue sharing be eliminated. 3. Alternative #3 would be to implement Alternative #1 and Alternative #2 above thus eliminating two little used funds and consolidating them into one fund. This would be accomplished by doing Alternative #2 first then hold the election to transfer the PIR Fund balance into the General Capital Improvement Fund that replaced the Capital Equipment Fund. A variation of this alternative would be to transfer by a vote PIR Funds of a stated ardount. Pros - 1) This alternative actually eliminates one fund which fits the recommendation of the auditor. 2) This alternative accomplishes the benefits (pros) listed for both Alternative #1 and #2 above. 3) This alternative is clearly an effort to consolidate funds. Mayor and Council , Page -3- Cons - 1) This alternative still requires a vote by the electorate. 2) This alternative would also mean that the balance in the newly created fund could be exhausted unless restraints were incorporated and some periodic revenues identified. 4. Alternative #4 would be to close either the PIR Fund or the Capital Equipment Fund ortoth by placing them in the General Fund and designating the Fund balance in support of a new division in the General Fund for Capital Improvements. Pros - 1) This would conform to the guidelines of the 1980 Principles of Governmental Accounting And Financial Reporting (GAAFR) which state that, "Only the minimum number of funds consistent with legal and operating requirements should be established", since unnecessary funds result in inflexibility, undue com- plexity, and inefficient financial administration. 2) This alternative would eliminate two funds and is clearly an effort to consolidate funds in accordance with GAAFR. Cons - 1) This alternative still requires a vote by the electorate. 2) This alternative would also mean that the balance in the newly created fund could be exhausted unless restraints were incorporated and some periodic revenues identified. Recommendation: Staff recommends Alternative #4 for the reasons listed above. The City will still be able to use a newly created General Fund Division for capital improvements to finance smaller 100% assessable improvement projects as the PIR Fund has done in the past, but in addition it can finance street projects (not just sewer and water) and other miscellaneous capital Improvements. The City's auditor supports reducing the number of funds the City has and feels that the activity can be adequately accounted for in the General Fund. Action Requested: 1. Step #1 direct staff to draft a Resolution eliminating the Capital Equipment Fund created by Council motion 4-3-79 and establishing the Capital Improvement Division in the General Fund designating certain restrictions and funding sources, and transferring the balance of the Capital Equipment Fund into the General Fund. 2. Step #2 direct staff to prepare a ballot asking the electorate "shall the City of Shakopee transfer the balance in the PIR Fund to the General Fund" for the Capital Improvement Division. JKA:cu JJULIU'S A.Gt)I.LI:IW, II 612-445-1244 JULIUS n.COLLER ATTORNEY AT LAW 1859- 940 g 1 1 WEST FIRST AVENUE SIlAKOPEE, MINxE',(YI'A 5 83r© V Memo to: Shakopee City Council From: Julius A. Coller, II, City Attorney In re: Changing the PIR Fund into a General Capital Improvement Fund and Elimination of the pay back requirements Date: December 14, 1981 INTRODUCTION AND BACKGROUND The PIR Fund was established by Resolution in October of 1948. The present law, MSA 471.57,provides such fund should be established by ordinance. Just what the law was in 1948 I do not know. The Resolution in question was drafted by the Bonding Company attorneys in connection with the sale of bonds. At this time I do not think the manner in which the Fund was established is too material. Generally, what can be done by ordinance can be done by Resolution, but not always. But, in any event, this Fund has been treated as a statutory PIR Fund for over 30 years so I do not think there is any question but that we are locked in to the provisions of MSA 471.57. The question is whether this Resolution can be modified by eliminating the requirement that any money used therefrom be replaced with interest as provided by the Resolution. The REsolution itself provides that the funds may be used to finance local improvements only and not used for anyother purpose. MSA 471.57 Provides that the funds may not be used for any other purpose unless such other purpose be submitted to and approved by the voters of the municipality at any regular that if any or special cityd election. usedthis for thenspurposes provided$inere theused from this enabling fund they woul Resolution. This leaves the question of eliminating the payback provisions. In my opinion this, being an essential part on the enabling act, cannot be changed without first obtaining prior approval of the voters of the City of Shakopee. Alternatives ) 1. Do nothing at this time. O� t•/ l2. Place on the ballot at a special election or the next regular election, :/4" t1� � the proposition of creating a new permanent improvement fund to be used for the �� � requests tsreanst t veauthor �` ) ( into the new one to be set up by ordinance. . PI , . . • Pt BUSHED NOTICE in the Permanent Improverneut isei,e•wing ir time and for tee pm- , k is- I Itt#:•StbIAJTION CREATING A pose 4.1I cressiaue and maintaining re..itelaabiaT lailiesweEeibiNT ease fund, the city shall it's th sena' HE%Ow.kat/ FLNID AND PROVa issue ana seil its negotiable coupon WINO null 'elle. lesLANCE OV t tormantut luiprovement IssivolvIng estoXis. TO CREATE AND RAIN- r eau 1.•ondis. 'Atte bonus are to be TA1N 1.A.10 FLND. seemed in tee aggregate principal amousit of abo,Oub, to be .l0 in num- N•HellsEan, tue City of Shakopee t•er and numoered from 1 to IV, Las latk#0.0/0ee undertaken push •siclusive, to be dated Novae,- water and sewer improvemate uer 1, nets and to be In the den- ‘7" :: ('`;ialln::112ZIIM5M3a: 11:ainnination of MOO each, to bear tied 4""at k'elletitW P"Pe Y• illielebt. at the rate designated by • , tiEREAS, the city has 'neat- tot successful bidder, payaole July Iclens lassos to pay the amount due , .. . 1leo, and semiannually there- , .. ester on LII0 let day of January vIll contracts heretofore entered in- said the let day of July In each to or horse/ter to be made tor tee • rear, and to :nature serially on i i..unstrucition of said improvements. January 1st in the amount of $D,000 in each of the years Vs 1-1.14REAS, the common council 3 le of the upinion tnat the best to1980, both inclusive, without option of pilor payment. interests of the city and of 4. The common council shall tile propene owners tnerein will meet at the council chambers in i.e beet served by the creation of the City Hall on Thursday, the, a Permanent Improvement Rayon 4th day of November, 1941, at sing I,und to provide moneys for eight o'clock P.M., for the put.. toe financing of local improve- pose of opening, receiving and mental of the city, and considering healed bids for the WHEREAS, the common council purchase of $50,000 Permanent Dil- lies determined that it will be lice- prevenient Revolving Fund Bonds, tawdry to provide approalniately and the city recorder is author- libo,Oul) in said fund for such pur- orir.ed and directed to cause notice V1/1111.1, of sale of said bonds to be given NOW, THEREFORE, 13 E I T by two weeks publication In the RESOLVED by the common coun- official newspaper. Said notice en of the City of Shakopee, Min- shall call for bids stating an In- , nexota. as follows: tercet rate in multiples of one- 1. It is hereby determined that quarter or one-tenth of one per- it is necessary and expedient to cent. shall state the bonds will be treats a Permanent Improvement made payable at any suitable bank Revolving bund for the purpose or trust company designated by of financing local improvements. the purchaser and that the city • Said fund shall be a permanent gen will furnish printed bonds and the , era' fund and said fund shall be approving legal opinion of Messrs. s' •used solely ta) finance local itn- Faegre a Benson1280 Northwes- provemente and-*Iran ISS-11—TrYdl- tern Bank Building. Minneapolis. • ving fund to provide :stoney. in Minnesota, both without cost to the special Improvement funds, the purchaser, and shall require which moneys shall be restored to that each bidder shall furnish a such fund when and all4" good faith check or bank draft in • ments are collected for local im. the sum of at least $1,000.. The the solvency and permanency of said said bonds shall mature serially Permanent,improvement Revolving on January let in the amount of Fund it is hereby determined that KM in each of the years li61 all money furnished to local ilii to 12430, both inclusive, and that provement funds shall be repaid the common council reserves, the with interest at the rate of not right to reject any or all bids and • less than four percent during the adjourn the sale If deemed exlied- time for which said money has lent. , been so furnished. The foregoing Resolution was 2. The Permanent Improvement adopted at the regular meeting Revolving Fund shall be keit by of the Common Council of the City the tresittnrer as a separate fund of Shakopee, Minnesota herd Cot. of the city apart front all other ober 18th, 1148. city funds or accounts, and the (Signed) RAT SIEBENALER moneys therein knell be used for President of the Common Council , ne. then purposeuln as 'herein e-----thae---selyerr—linfi ATTEST: as there a all be any money in P', A. DIRCKS said fund not needed for local im- City Recorder nrovements. the city recorder and treasurer are authorized to invest Approved this 14th day of October such moneys in bonds of the Un- 1543. lied States of America or State JOHN J. CAVANAUGH • of Minnesota or in general oblig- Mayor, City of Shakopee :Won bonds or other securities of Pubtten•a In toe Shakopee Valley the city. News, October 21. 1848. 3. In order to provide money • • , . , • • S � MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE: Ordinance No. 73 Which Regulates and Governs the Use of Parks DATE July 26 , 1982 Introduction The City currently has two somewhat conflicting sets of regulations governing the use of parks . Background As you will recall , during the most recent updating of the City Code , Ordinance No. 73 was not codified because there is some conflict with Section 10 . 71 . The City Attorney has reviewed both sets of regulations and has made the following recommendation: "I feel that Ordinance 73 broadly covers just about everything detailed under Subdivision 1 of Section 10. 71 and that Ordinance 73 being broad I feel gives the City a little more leeway in protecting and regulating City parks . Rather than trying to redraft an ordinance I would suggest that an ordinance be drawn and adopted that repeals completely Section 10 . 71 of the City Code , then Ordinance 73 can properly be codified as part of the City Code. " Recommendation If Council concurs with Mr. Coller ' s recommendation, Council should direct staff to prepare the appropriate resolution repealing Section 10. 71 of the City Code. If Council has other concerns , they may wish to discuss them at this time and give staff direction in order that this inconsistency may be corrected. Action Requested Direct the City Attorney to prepare the appropriate Ordinance repealing Section 10. 71 of the City Code . JSC/jms- private contract or assessment, shall be subject to a subsidy po- licy, if any, established by the City for the treatment or re- moval of trees infected with shade tree disease . SEC . 10.71. RULES AND REGULATIONS GOVERNING PUBLIC PARKS . It is within the discretion of the City Administrator to pre- scribe closing hours for public parks and other reasonable rules and regulations ,.'including , but not by way of limitation, the prohi,bition against overnight camping. Subd. 1 . Unlawful Acts . It is a petty misdemeanor to violate such rules and regulations as are conspicuously sign- posted in such parks . In addition to the foregoing, it is a pet- ty misdemeanor for any person, in any parks or other public lands , to: A. Hunt, molest, harm, frighten, kill , trap, chase , tease , shoot or throw missiles at any animal or bird in any park or public place or within 100 feet thereof. B. To remove or have in possession any nest, eggs , or young of any animal or bird in the park, or found nest- ing within 100 feet of any park or public land. C. To travel in or upon any motor vehicle except upon properly designated roadways or paths ; provided that snowmo- biles may be allowed subject to such snowmobile regulations as may be from time to time adopted. D. To swim or wade in , or to travel in any boat or other floatation device , at any time . (74 E . To give , offer, feed or attempt to give or I feed, any animal or bird in any park or public land, or within 100 feet thereof , any harmful or noxious substance . F. To pick, cut, or otherwise harm or destroy the natural grasses , reeds or other plant life providing habitat for wild animals or birds in or around any park or public land. G. To allow or permit any dog or cat within any park or public lands . H. To violate any posted regulation , sign or dir- ection as the same may f r om time to time be promulgated by au- thority of the Council or City Administrator. I . Damage , cut, carve , transplant or remove any tree or plant, or injure the bark, or pick the flowers or seeds , of any tree or plant. A person shall not dig in or otherwise disturb grass areas , or in any other way injure or impair the na- tural beauty or usefulness of any area. Subd. 2 . Power to Regulate and Improve . The City Ad- ministrator is hereby empowered to issue and promulgate such reg- ulations as may be necessary from time to time for the protection and proliferation of wild animals and birds and their natural ha- bitat within public parks . In addition, the City Administrator shall , as the Council may from time to time direct, make such im- provements within the parks as may be beneficial to foster and encourage the proliferation of wild animals and birds in the park and the enjoyment thereof by the public. p' 4-1-78 -247- ,., ORDINANCE NO. 73 Fourth Series AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING SHAKOPEE CITY CODE BY ADDING THERETO A NEW CHAPTER ENTITLED "CHAPTER 14 REGULATING AND GOVERNING THE USE ,OF PARKS" AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF AND ADOPTING BY REFERENCE SHAKOPEE CITY CODE CHAPTER 1 THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: SECTION 1: Definition of"Parks" For the purpose of this ordinance theword "parks" shall mean a park, parkway, trail, playground, athletic field, swimming pool, recreation center or other area in the City, owned, lea sed or used, wholly or in part, by the City for recreational purposes and for such uses that. are normally associated with parks. SECTION II: Activity Scheduled in Parks Shakopee's Parks are intended for the benefit of all. To facilitate maximum, uniform and orderly usage of park facilities, the Shakopee Community Services is delegated as the agency to coordinate and schedule the use of park areas and facilities. SECTION III: Regulations The following regulations shall apply to all City parks unless otherwise specified: A. Speed Laws 7 No person shall operate a motor vehicle in any park at a speed in excess of 15 miles per hour except emergency vehicle. B. Parking - No person other than park personnel shall park any motor vehicle in any place in a public park except in designated areas and no person shall operate any motor vehicle in any place except on established roads, driveways or parking areas. • C. Hours - No person shall be or remain in any park between the hours of 10:00 P.M. and 6:00 A.M. except those who, without delay, are traveling through the parks on'established walks, paths or streets, or are in activities that have been scheduled by property City authorities. D. Camping - Overnight camping is- permitted only in the areas designated for such activities and so posted. E. Building of fires - No fires shall be lighted or made in. any park except in places and in containers intended for such purposes. This section does not MO tleallINOMMIMIESIMMW1 apply to City employees engaged in cleaning or maintaining the area. F. Firearms - No person or persons shall discharge any firearm in a park without first securing specific approval from Shakopee Community Services and a permit from the Shakopee Chief of Police. G. Littering - No person shall cast, deposit, throw, lay, place or scatter any lighted or unlighted cigars or cigarettes, chewing gum, chewing gum wrappers, glass, bottles, cans, nails, wire, crockery or other sharp or cutting substances, or any refuse matter of any kind anywhere, except in refuse containers provided for this purpose. Live charcoal coals and ashes shall be deposited only in containers designated for this purpose. H. Swimming and bathing - Swimming and bathing will be permitted only in designated and posted areas. I. Dangerous Games - No person shall play any game of baseball, tackle hockey football, golf^or other games dangerous to the welfare of other persons and property excepting in areas provided for this purpose and so posted. J. Vandalism - No person shall write upon, mark, destroy or otherwise deface in any way any property or thing pertaining to or in said parks. No person shall paste or affix or inscribe any handbill or poster on any structure or property within any park nor on any road or roadway adjacent thereto. No person sh111 break, cut, mutilate, injure, remove or carry away any tree, plant, flower, shrub, rock, soil or any other park property except in the case of City personnel engaged in maintenance and development thereof. K. Control of Pets - No pets shall be allowed in any park except when they are urtder control on a leash or confined. No person shall ride a horse or other animal except on designated trails, paths and areas. No person shall disturb or interfere with any wild life. L. Sales - No person or persons other than City personnel shall be permitted to sell any article or product/withouitpar permit from Shakopee Community Service. M. Alcoholic beverages - No person shall possess, display, consume or use intoxicating liquors while in a park. No person shall possess, display, consume or use non-intoxicating malt liquors except in picnic, grandstand and shelter. areas. - 2 - N. Tenni" courts so one shall ride bicycles or any other vehicle on the tennis court nor drive them thereon or use the courts for any other purpose than playing tennis without specific permission from Shakopee Community Services. 0, Ice Skating Rinks - Ice hockey will only be permitted on rinks posted for hockey. No hockey sticks or pucks shall be allowed on any other park rink. No vehicles of any kind excepting those used by City personnel will be allowed on any skating area. SECTION 1V:_ Penal provisions adopted _ Any person who violates a section, subdivision, paragraph or provision of this Ordinance shall upon conviction be guilty of a misdemeanor. Shakopee City Code Chapter 1 entitled "General Provisions and Definitions applicable to the entire City Code including penalty for violations" is hereby adopted in its entirety by reference as though repeated verbatim herein. SECTION V: When in force This Ordinance shall be published once in the official newspaper of the City of Shakopee and shall be in full force and effect on and after the date of such publication. } � _ Adopted by the City Council of the City of Shakopee, Minnesota this day of alt '���� 1981. / ji Mayor ATTEST: ( City Clerk Prepared and approved as to form this 12th day of August, 1981. City Worney -� RESOLUTION NO. 2039 A RESOLUTION ACCEPTING AN AMENDMENT TO THE AMENDED REDEVELOPMENT PLAN FOR ELDERLY HIGHRISE REDEVELOPMENT PROJECT AND CALLING A PUBLIC HEARING ON SAID AMENDMENT BE IT RESOLVED by the City Council of the City of Shakopee, Mi nnesota,.' as follows:' Section 1 . Recitals. This Council has received from the Shakopee Housing and Redevelopment Authority (the Authority) a Resolution of the Authority determining to amend and modify the Amended Redevelopment Plan for Elderly Highrise Redevelopment Project, Project No. 1 (the Project) ; and will receive a written opinion of the Planning Commission relating thereto which has been requested by the Authority. The Authority has requested that the City Council consider and approve the amendment and modificaton of said Project and the amendment to the Amended Redevelopment Plan therefor all in accordance with Minnesota Statutes Section 462.521 . Section 2. Hearing and Notice. This Council shall meet at City Hall on Tuesday the day of , 1982, at o'clock p.m. , for the purpose"TTiolding a public hearing on the amendment and modification of the Amended Redevelopment Plan for said Project. The City Clerk is authorized and directed to publish notice of the meeting and the purpose of it in the official newspaper not less than ten (10) nor more than thirty (30) days prior to the date of said public hearing. Adopted in regular session of the City Council of the City of Shakopee held this 3rd day of August, 1982. Eldon Refile, Mayor ATTEST: O i l.y C I c ri: 11pprOvcki i:; LAI I'c>1';u 3 i/ 01' July , ;.• . • t' i ly Al L i n y' --- --- — ; IN) MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE: Resolution of Appreciation to Linda Willemssen DATE: July 26 , 1982 Introduction Pursuant to your direction, I have prepared the attached resolution of appreciation to Linda Willemssen. Action Requested Offer Resolution No . 2031 , A Resolution of Appreciation to Linda Willemssen, and move its adoption. JSC/jms RESOLUTION NO. 2031 A RESOLUTION OF APPRECIATION TO LINDA WILLEMSSEN WHEREAS , Linda Willemssen has served the City of Shakopee in the capacity of Receptionist from August 1 , 1978 to February 25 , 1980 and as Senior Accounting Clerk from February 25 , 1980 to August. 4 , 1982 ; and WHEREAS , during her employment , Linda Willemssen took her responsibilities very seriously and performed them in a superior manner at all times ; and WHEREAS , Linda Willemssen well represented the CIty of Shakopee in serving the general public and her fellow employees in a most cheerful and conscientious manner; and WHEREAS , Linda Willemssen was always willing and ready to assist her fellow employees when they asked for her help. NOW, THEREFORE, BE IT RESOLVED that the Shakopee City Council does hereby extend a token of thanks and appreciation to Linda Willemssen for her dedication and hard work during her employment with the City of Shakopee and wishes her well in her future endeavors . Adopted in Regular Session of the City Council of the City of Shakopee , Minnesota , held this 3rd day of August , 1982 . Mayor of the city of Shakopee ATTEST: City Clerk Approved as to form this day of August , 1982 . C5 4 MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Resolutions Requested by the Council regarding Market Value of Vacant Lots DATE. July 26 , 1982 Introduction On June 15th the Council directed staff to prepare a resolution delineating the City' s policy regarding platted vacant lot assessments . The City Attorney has prepared the attached two resolutions setting forth the Council ' s intentions . Action Requested 1 . Adopt Resolution No. 2032 , Establishing a Policy for Values in Vacant Lots in the City of Shakopee. 2 . Adopt Resolution No. 2033 , Stating the Policy of the City of Shakopee for the 1982 Assessments . JSC/jms RESOLUTION NO. 2032 A RESOLUTION ESTABLISHING A POLICY FOR VALUES IN VACANT LOTS IN THE CITY OF SHAKOPEE BE 1T RESOLVED BY THE SHAKOPEE CITY COUNCIL, That the City adopt apolicy of valuing vacant residential lots in the City of Shakopee not eligible for the 3 year grace period by establishing a market value of 60% of the values for improved lots for the 1982 assessment and this method to change when the method used for similar lots in other cities of Scott, County also changes. BE IT FURTHER RESOLVED, That the value of vacant resi.dentiil lots in plats in rural Shakopee be set at a rate comparable to lots of similar types in other parts of the county. Passed in session of the Shakopee City Council held this day of , 1982. Mayor of the City of Shakopee ATTEST: City C]p_rk —"---'-_—.� Prepared and approved as to form this !! day of July, 1982. ie Julius A. Coller, II City Attorney 1 T e RESOLUTION NO. 2033 A RESOLUTION STATING THE POLICY OF THE CITY OF SHAKOPEE FOR THE 1982 ASSESSMENTS BE IT RESOLVED BY THE SHAKOPEE CITY COUNCIL, That the City of Shakopee hereby adoptsa policy not to increase the Lot value in a new plat until 3 year grace period has expired or until the lot has a structure built upon it. BE TT FURTHER RESOLVED) That no consideration is given to sales in a pew Mgt or to lots adjacent to ar, froatin; on the same street as the improved or sole lot concerning the increase in value on those lots and that this rolicy does not apply to the replats of existing plats. Replets are not entitled the 3 year grace period. Passed in session of the Shakopee City Council this day of _ _ __.._�_ ___ ]_982. . Mayo __ _._. ATTEST: City Clerk Prepared and approved as to form this day of July, 1982. i — .. .....tom '.�„r City Attorney ;= r _ August 2, 1982 LEGAL NOTIFICATION 21%) Robert F. Vierling 221 E. 4th Ave . Shakopee, Minnesota 55379 Shakopee City Council City of Shakopee Re: Alley improvements 129 E. 1st. Ave . in block - 50 Shakopee , Minnesota - 55379 Shakopee City Council: FIRST: In the summer of 1981 the front part of the alley in Block- 50, west end facing Lewis Street was widen and crushed rock was applied. This did an excellent job of firming-up the alley, but the city only did that for the first two (2) lots facing west on Lewis Street. This would have been more then sufficient to maintain the alley. The city's equipment was there and should have been utiliz- ed at that time to complete the entire alley in that manner. Doing a city job in this manner is very costly to the tax-payer. vJhy the City only did that for just the first two (2) lots , is more then I can comprehend and certainly was very poor judgment on the part of the City of Shakopee . Also is was costly, when doing the complete alley at the sometime , in that manner, would have solved the whole alley problem in its entirety, and there would have been no further need to tar the alley . Second : Only one half (i) of the property bordering the alley can use the alley for a entranOe or exit to their property. Third: That tarring the alley could cause serious flooding problems for two (2) lots on the North side of the alley. The lots are very much lower then the alley and in a heavy rain, without the absorption of the ground in the alley could cause serious damage to the houses and property. Also if curbing, if possible, would be put on that North side of the alley, it would add greatly to the cost of tar- ring the alley. Fourth: vJhen I removed a old garage and a old shed from my property, I ask the City for a permit to build a new garage on my property. I was told I did-not have the proper amount of property to build a garage on my property and that also my neighbor objected to my building a garage on my property . In essence , the City of Shakopee was fefusing Mrs . Ernst Stein and myself, our rightful use of the alley in Block-50, on which we have three (3) lots facing the alley. Fifth: Last summer 1981 , when the person took the petition around to be signed, I ask him the cost, at that time he grossly understated the price . He said it would run between $225.00 and #250 .00 dollars for each of us on the alley . (2 . ) When I realized that the price was grossly understated, I wrote a letter (May 17 , 1982) to Judith Cox explaining that I wanted my name removed from the petition. Also she was advised at that time that Mrs . Ernst Stein also did not want the alley tarred. (see the letter of May 17 , 1982 to Judith Cox, City Clerk. ) Sixth: The estimated price of the alley improvements would cost Mrs . Ernst Stein and 'myself $1 ,089.00 dollars. As we all know this price will be higher and could even double or more . We would have to sod the bank, plus other expenses . This would run up to $2,000 .00 or even $2, 500 .00 dollars . It is not conceivable that we should have to pay that high amount of money for a alley we can not even use . If the City of Shakopee would properly maintain the whole alley as the City maintain the West front lots of the alley, there would be no further improvements needed in the Block-50 alley. Seventh: as to the validity of the petition, I have grave doubts . There was not a honest price given at the time the petition was passed around. Also when a petition was given to the council, asking that the "Illegal spot-zoning" of one lot only in Block-50 be stopped, the council passed it regardless . At that time over twenty (20) names were on the petition to stop it. Again the only two (2) persons for the "Illegal spot-zoning" lived on the west end of the alley. Eighth: The alley is nearly in total darkness due to the fact that when the 'alley light was put-in, it was not put on the pole already in the center of the alley, but was put on a "new" pole again on the west end of the alley. With the two (2) large buildings on the west end of the alley, no onn else gets any alley lighting. There are some other facts , but they can wait until I have spoken to some other people . I feel that the council should very carefully read the entire Minnesota Statutes , 429.011 before it makes any hasty decision. This letter to the Shakopee City Council is to be read aloud in front of the City Council, in it's entirety, on the 3rd of August, 1982 or when ever the question of the improvements of the alley in Block-50 are put before the Shakopee City Council . Thank you. Sincerely, ,i/c.„4. 1,1 4', TVED Q.� Robert F. Vierling ,„ AUG 0 21982 CITY OF SHAKOPEE t MEMO TO: John K . Anderson City Administrator FROM: ; H. R. Spurrier City Engineer RE : Improvement of Alley In Block 50 Shakopee City DATE : July 30, 1982 Introduction : City Council will hold a public hearing on the above-referenced improvement August 3, 1982. Background: The report listed two alternatives to build or not to build the improvement. Should City Council decide to proceed with the project, attached is Resolution No. 2036, A Resolution Ordering An Improvement Of The Alley In Block 50, Shakopee City. Action Requested : Adopt Resolution No. 2036, A Resolution Ordering The Improvement Of Alley In Block 50, Shakopee City. HRS/jiw Attachment RESOLUTION NO. 2036 A Resolution Ordering An Improvement Of Alley In Block 50 Shakgaee City Public Improvement Project No. 82-4 3 WHEREAS, Resolution No. 2022, of the City Council adopted July 6, 1982 fixed the date for a Council hearing on the proposed improvement of the alley in Block 50, Shakopee City, Scott County, Minnesota by pavement; and WHEREAS, ten days public notice of the hearing through two weekly publications of the notice was given and the hearing was held thereon the 3rd day of August 1982 at which time all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF •SHAKOPEE, MINNESOTA: 1. Such improvement is hereby ordered as proposed in Council Resolution No. 2022, adopted July 6, 1982. 2. Henry R. Spurrier, City Engineer, is hereby designated as the engineer for this improvement. Adopted in session of the City Council of the City of Shakopee, Minnesota held this da'-. of , 1982. Mayor of the City of Shakopee ATTEST : City Clerk Approved as to form this day of , 1982. 1424 Wood Duck Trail Shakopee , MN 55379 July, 29, 1982 TO : The City of Shakopee As, we will be 'out of town on August 3, 1982, and therefore unable to attend the hearing on the proposed public improvement of Block 2 , Timber Trails by storm sewer lateral, we are writing this letter to express our opinion on the proposed improvement and with the intention that it be entered into the record of the public hearing. A portion of our property, Lot 4, and portions of three adjacent lots were under water during the months of March, April , and May of this year. Water collecting in this low area and the high level of the water table created two problems. First we had a problem with water in our basement. Second, and more important, the level of the water table was over the cover of our septic tanks, ground water was infiltrating into the tanks, and our septic system was not operating properly. We discussed our problem with Mr. Hauser and Mr. Spurrier and reached the conclusion that if this low area could be drained by storm sewer lateral the level of the water table would go down and our septic system and others in the same block would operate properly. This opinion was confirmed when, after we presented our petition[ for public improvement to the City Council , the city pumped the watei out of the low area. Within two days of the surface water being gone our septic system began to work properly and there was no longer any need to use the sump pump to keep water out of our basement. For these reasons we are in favor of the improvement of Block 2 , Timber Trails by storm sewer lateral. We understand that half the cost of this improvement will be borne by the city with the other half to be a special ' assessment divided equally between the owners of the seven buildin, lots and the three lots owned by the city as park land. Sincerely, Vladimir Sokolov rGi/ ✓ �hv" 1982 Bonnie Sokolov (1� v MEMO TO : John K . Anderson City Administrator FROM: is H . R. Spurrier City Engineer RE: Improvement of Block 2, Timber Trails By Storm Sewer Lateral DATE: July 30, 1982 Introduction : City Council will hold a hearing on the above-referenced project on August 3, 1982. Background: The Feasibility Report had two alternative solutions to the problem, or:w a structural, the second a non-structural and a third do nothing alternative was also proposed. It was the recommendation of the report that Alternate No. 2, the non- structural alternative be selected. It is the recommendation of City staff that City Council proceed with the project selecting the non-structural alternative, Alternative No. 2. Action Requested: Adopt Resolution No. 2035, A Resolution Ordering The Improvement Of Block 2, Timber Trails By Storm Sewr Lateral. HRS/jiw Attachment RESOLUTION NO. 2035 A Resolution Ordering The Improvement Of Block 2, Timber Trails By • Storm Sewer Lateral • Project No. 82- 5 WHEREAS, Resolution No. 2029, adopted by Shakopee City Council on July 20, 1982 fixed the date for a public hearing on the proposed improvement of block 2, Timber Trails by Storm Sewer Lateral; and WHEREAS, published notice of the hearing through two weekly publications was given and the hearing was held thereon this 3rd day of August 1982 at which time all persons desiring to be heard were given an opportunity to be heard .thereon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA : 1. That such improvement is hereby ordered as proposed in Alternate No. 2 of the report received by the City Council on July 20, 1982, and adopted by Resolution No. 2029. 2. Henry R. Spurrier, City Engineer, is hereby designated as Engineer for the improvement. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of , 1982 . Mayor of the City of Shakopee ATTEST : City Clerk Approved as to form this day of , 1982. MEMO TO: John K. Anderson City Administrator FROM : H. R. Spurrier City Engineer RE : Fifth Avenue Spencer Street to Main Street DATE : July 30, 1982 Introduction : The City has received two petitions for construction of Fifth Avenue. One petition from Spencer Street to Fillmore Street and a second petition from Fillmore to Main Street. Background : The first petition, as noted in the attached resolution, was signed by more than 35 percent of the benefitted properties. The second petition was signed by only 34. 56 percent of the benefitted property and, therefore, if the second segment is to be included in the scope of the work, that element must be Council initiated. The matter of constructing Fifth Avenue has been brought to the Council table on numerous occasions. It is, therefore, recommended that once and for all the matter be studied, the percise cost associated with the project be established and the matter voted up or down. Action Requested : Adopt Resolution No. 2037, a resolution ordering a feasibilty study for Fifth Avenue from Spencer Street to Main Street. HRS/jiw Attachment RESOLUTION NO. 2037 A Resolution Declaring The Adequacy Of A Petition And Ordering The Preparation Of A Report For Fifth Avenue From Spencer Street To Fillmore Street And A Resolution, Ordering The Preparation Of A Report , On Fifth Avenue From Fillmore Street to Main Street 4 WHEREAS, a certain petition requesting the improvement of Fifth Avenue from Spencer Street to Fillmore Street has been filed with City Council on June 8, 1982; and WHEREAS, such petition has been signed by more than 35 percent of the owners of property affected thereby; and WHEREAS, a certain petition requesting the improvemen • • Avenue between Fillmore and Main Streets is s'• • -• •y 34. 56 percent of owners of property affected t - - •y, the declaration cannot be made in conformity to Minn .. a Statutes Section 429. 035. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. A certain petition requesting the improvement of Fifth Avenue between Spencer Street and Fillmore Street by roadway filed with Council on June 8, 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 with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed with a - • _ - .•• - - • , - •e--between Spencer--Street-and-Main-Street; or in connection with some other improvement and the estimated cost of the improvement as recommended. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1982. Mayor of the City of Shakopee ATTEST : Approved as to form this day of , 1982. City Clerk City Attorney G7 MEMO TO : John K. Anderson City Administrator FROM: H . R. Spurrier City Engineer RE : Kmart Tax Increment DATE : July 30, 1982 Introduction : City of Shakopee received bids for the widening of County Road 83 on July 26, 1982 at 10:30 A.M. Background : The City received five bids. Three bids were below the Engineer's estimate of $185, 000.00. The low bidder, Hardrives, Inc. , recently completed similar work along Trunk Highway 212 East of the Trunk Highway 169 junction. The firm has also performed work for the City of Shakopee on several road construction projects. It is the recommendation of City staff that the proper City officials be authorized and directed to enter into a contract with Hardrives, Inc. , Route 3, Box 120, Shakopee, Minnesota in the name of the City of Shakopee for the improvement of County Road 83 Widening, Project No. 82-1KT in the amount of $167,291 . 50. Action Requested : Adopt Resolution No. 2038, A Resolution Accepting Bids on County Road 83 Widening, Project No. 82-1KT, directing the proper City officialsto enter into a contract with Hardrives, Inc. , for the improvement of County Road 83, Project No. 82-1KT in the amount of $167, 291. 50. This project will be funded by the Kmart Tax increment. HRS/jiw Attachment RESOLUTION NO. 2038 A Resolution Accepting Bid On County Road 83 Widening Project No. 82-1KT WHEREAS, pursuant to an advertisement for bids for the County Road 83 widening, bids were received, opened and tabulated according to law and the following bids were received complying with the advertisement: Hardrives, Inc. $167, 291. 50 U.D. Contracting, Inc. 170, 194.47 Valley Paving, Inc. 184,936. 21 Buffalo Bituminous, Inc. 198,887. 35 William Mueller & Sons 233, 516. 30 AND WHEREAS, it appears that Hardrives, Inc. , Route 3, Box 120, Shakopee, Minnesota 55379 is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That the Mayor and City Clerk are hereby authorized an direr ed 7a0o s nc�e c -, to enter into a contract with Hardrives, Inc. , , S-ha , � s536 . 5-5-3-7-9' in the name of the City of Shakopee for the improvement of County Road 83 Widening Project No. 82-1KT according to the plans and specifications therefore approved by City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in session of the City Council of the City of Shakopee, Minnesota this day of , 1982. Mayor of the City of Shakopee ATTEST : MEMO TO: John K. Anderson City Administrator FROM: H. R. Spurrier City Engineer RE: Shakopee Infiltration/Inflow Analysis DATE : July 30, 1982 Introduction : The City of Shakopee's consultant preparing the Infiltration/Inflow Analysis has requested an amendment to the Professional Services Agreement. The amendment provides for an extension of the complete period for the project. Background: I was recently advised by Donald C. Burgardt, Bonestroo, Rosene, Anderlik & Associates, Inc. , that due to budget limitations and personnel cut-backs, Metropolitan Waste Control Commission and the Minnesota Pollution Control Agency review of Infiltration/Inflow Analysis reports has a staggering backlog. Due to the backlog, it would be impossible for these agencies to review the reports in time to meet the current completion date. Therefore, the consultant has requested additional time to complete the project with no affect on present cost amounts identified in the current payment and fee schedule, which establishes a ceiling price for the contract. It is the recommendation of City staff that the proper City officials be authorized and directed to execute the amendment No. 1 to the Professional Services Agreement for the Infiltration/Inflow Analysis with Bonestroo, Rosene, Anderlik & Associates, Inc. Action Requested : Direct the proper City officials to execute Amendment No. 1 to the Professional Services Agreement for the Infiltration/Inflow Analysis, Shakopee, Minnesota with Bonestroo, Rosene, Anderlik & Associates, Inc. HRS/jiw Attachment i /� ^`tn` / /� Glenn . Gordoook,P.E.• Jr�IJYJ� J Keith R Gordon,P.E. ��/ •� ''�P/ Otto G.Bonestroo,P.E. Thomas E.Noyes,P.£. n n(� o Robert W.Rosene,P.E. Richard W.Foster,P.E. (,�' VILtI�LC@/[! Joseph C.Anderlik,P.E. Robert G.Schunichb P.E. �/ Bradford A.Lemberg,P.E. - Marvin L.Sorvala,P.E. 2335 4d. `I+«..6�i41.,..a, 36 Richard E. Turner,P.E. Donald C.Burgardt,P.E. St. n.:..1, J{'/....... . 55113 James C.Olson,P.E. Jerry A.Bourdon,P.E. Mark A.Hanson,P.E. Pk. 61.2-636-4600 Ted K.Field,P.E. Michael T.Rautmann,P.E. 1 1 Charles A.Erickson July 21, 198 2 Leo M.Pawelsky Harlan M.Olson David E.Olson City of Shakopee 129 E. First Avenue Shakopee, Mn. 55379 Attn: Mr. Bo Spurrier Re: Shakopee I/I Analysis Our File No. 7717 Gentlemen: Unusually dry weather during the spring required extension of the originally planned. flow monitoring period for the I/I Analysis. Data analysis and report preparation is now being completed. The enclosed contract Amendment #1 will officially extend the project completion date to March 31, 1983. Four (4) copies of the amendment is enclosed. Please execute the Amendment #1 with proper signatures, return a signed copy to this office and provide a copy each to the MWCC and MPCA. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Donald C. Burgardt DCB: li Enc 1. 4`,\ 19,1 'ln !,":, A 0730b `\S \/(2,:;`?:-y\ ,��, . Co ' .4 0.) 4`�u�.. ir` 1 . J ii_r j 1/;t(/ AMENDMENT #1 PROFESSIONAL SERVICES AGREEMENT FOR INFILTRATION-INFLOW (I/I) ANALYSIS SHAKOPEE, MINNESOTA Section 1 - Basic Services of the Consultant Item 4 shall be amended to extend the completion period for the project from one (1) year from the date of the notice to proceed to March 31, 1983. This extension of completion time is required due to unusually dry weather through the originally proposed flow monitoring period which was extended. Four (4) months is included for the Minnesota Pollution Control Agency re- view. The extension shall not affect cost amounts identified in Section IV - Payment and Fee Schedule. OWNER: ENGINEER: BONESTRO0, ROSENE, ANDERLIK & ASSOCIATES, INC. DATE: 0730b ?(Tf MEMO TO : John K . Anderson City Administrator FROM: H. R. Spurrier City Engineer RE : Attached Notice Shakopee Ill Analysis DATE : July 30, 1982 Attached is a notice which was sent to the local radio station and Shakopee Valley News regarding smoke testing which will be performed between August 2nd and August 6th. There may well be some false alarms because this smoke will enter through faulty plumbing or dry traps. In the event any calls are received from the public, they can be assured that the smoke is definitely non-toxic, stainless, has no permanent odor and soon disappears leaving no trace. Should they have any question regarding the program, they may contact the Engineering Department with their questions. HRS/jiw Attachment NOT I C E The City of Shakopee will be conducting smoke testing of the City sewer lines beginning Monday, August 2, through August 6. The purpose of this test- ing is to help find leaks which allow rain water into your City sewer system and possibly overload the sewers. The smoke is a completely non-toxic, stainless chemical mist that has no permanent odor, and soon disappears, leaving no trace. The smoke may enter your house through faulty plumbing or dry traps. Pouring 5 gallons of water into seldom used drains will help assure that the traps are not dry. If smoke enters your house, sewer gas may enter also, and something may be wrong with your plumbing. A properly plumbed home, will have a vent pipe on the roof which will smoke. The engineering firm of Bonestroo, Rosene, Anderlik & Associates will be conducting the tests for the City under a Federal grant program sponsored by the E.P.A. 0719b MEMO TO: John K. Anderson/City Administrator FROM: Judith S. Cox/City Clerk RE: Park Dedication Agreement DATE: July 27, 1982 Introduction: On March 2, 1982, Council authorized staff to invite developers, whose developers agreements provided that the park dedication was now due, to make payment or make other arrangements. Background: An initial letter was mailed to all parties concerned, follow up phone calls were made and finally a letter was sent by the City Attorney with an enclosed amendment to the agreement for their signature. To date I have received an executed amend- ment from Al Furrie of Furrie's 2nd and from Bill Chard of Eastview 1st; however, I am still awaiting signed amendments from all property owners who have purchased lots from Mr. Chard. Mr. Chard is obtaining signed amendments for me. I have not received signed amendments from Loren Habegger of Halo 2nd, Richard Wiggin of Wiggin's 1st, nor Gary Eastland of Valley Park 6th. Alternatives: 1. Do nothing. Developers agreements are recorded and anyone examining an agree- ment might assume the park dedication has been paid since the date of final payment has passed. 2. Foreclose on the lien. Recommendation: Since more than reasonable attempt has been made by the City to permit the developers involved to amend their agreements to delay payment of the park dedication until a later date, and since little or no effort has been taken by the developers to execute an amended agreement, I recommend the City impliment the provision of the agreement and foreclose the lien created by the developers agreement for park dedication. Recommended Action: Authorize and direct staff to foreclose on the park dedication liens against the developers of Halo 2nd, Wiggin's 1st, Valley Park 6th and Eastview 1st Additions. JSC:cu MEMO TO: City Council FROM: LeRoy Houser RE: Mobile Home Legislation DATE: July 27, 1982 Introduction► I attended the North Star Building Inspectors meeting at Alexandria to compare notes with other state inspectors regarding mobile home legislation. Background It appears there are several different ideas on how to handle the mobile home legislation. The most prevalent is not to adopt any special ordinance to combat it, most inspectors intend to rely on the uniform building code regulations plus disapproval of all permit applications for moving mobile homes into town. This will no doubt put the legislation to the test as we anticipate applicants will force the issue in court. The county has adopted an ordinance to combat the mobile home legislation. An analysis of the ordinance the county passed reveals it is derived from the uniform building code and in my opinion is redundant. Recommendation Continue on as we have in the past, enforcing the ordinance we have on the books already. 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Anderson, City Administrator FROM: `.) RE: Travel/Subsistence Reimbursement DATE: Introduction The staff member listed below is requesting Council approval for reimbursement of travel/subsistence expenses. Background Staff frequently has to use their own funds to pay for conference or travel expenses. The process for Council to approve reimbursement requests within the regular bill cycle can entail a wait of up to five weeks before the employee receives the money. In order to alleviate a possible hardship on the employee by expediting compensation for expenses incurred on City business, this request is forwarded out of the normal bill cycle. The employee and expenses are: Name: ':51'=5Fk \--Vw.er`�- Amount: ft / Z . Purpose: rokti'E`L m 0_72,01_4 1E/J-E corlfpciey010/4:100Lix34 JALLF)' FcI . / i FON C C/( CG/1/44p tz a t►\r` qtr C.er4-7TZoc_ --5pSi'E1`-1 i !N C3 ‹.--,-tui)I E Alternatives Fl I—out /1)&L.l C- L&'O2/CS LS Grz:vo,Av 1 . Approve payment 2. Defer to normal bill cycle 3. Deny all or part of request Recommendation Alternative #1. Act ion Move to approve payment to !, iE7- \kOZ E.1 in the amount of $ I Z. ''r �'j for travel/subsistence reimbursement. 10MEMO TO: John K. Anderson/City Administrator FROM: Judith S. Cox/City Clerk RE: Unpaid Assessments on Abandoned Railroad Property being acquired by the City DATE: July 29, 1982 . Introduction: Mr. Coller has asked that a check be drafted which will cover the assessments payable in 1982 against property abutting the library being acquired by the City. He explained that in negotiations for purchase the City agreed to pay all unpaid assessments and in order for the City to obtain clear title the 1982 payable assessments must now be paid. The assessments are for Holmes Street improvements and off street parking improvements. Disposition of future assessments will be brought to the Council at a later date. Mr. Voxland, Finance Director, recommends that this be considered part of the purchase price and that it be paid out of the Capital Equipment Revolving Fund. Action Requested: Authorize payment to the Scott County Treasurer in the amount of $539.68 for 1982 payable assessments against the abandoned Milwaukee Railroad property abutting the Shakopee Public Library to be paid out of the Capital Equipment Revolving Fund. JSC:cu MEMO TO : John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE : Application for 3. 2 Beer License by Shakopee Jaycees DATE : July 30, 198 Introduction The City has received an application from the Shakopee Jaycees for a temporary 3 . 2 beer license for August 7th and 8th at the R.G. "Pat" Thielen Rodeo Arena. The application and certificate of insurance are in order. Action Requested: Approve the application and grant a temporary 3. 2 Beer License to the Shakopee Jaycees, R.G. "Pat" Thielen Arena for August 7th and 8th, 1982. jc