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HomeMy WebLinkAbout10/19/1982 MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Non-agenda Informational Items DATE: October 15 , 1982 1 . Tom Brownell contacted Lee Davis of the snowmobile club and gave him the information regarding the proposed restrictive policy to be discussed October 19 , 1982 (news release attached) . 2 . Tom will also be putting the attached news release about firearms and bows and arrows in the newspaper. 3 . We have not gotten anything official yet, but George found the attached news release that indicates we will get the O'Dowd Lake Islands in the federal land transfer. 4. More good news . Read the attached letter from Dennis Hron. I wrote Dennis a thank you letter. 5 . Ray Ruuska and I met w i t h Wally Bishop and Bernie Baumann rega rd- ing the alley alignment problem. Ray had the proper alignment staked so there would be a clear understanding where the R-O-W was . There was general discussion and "some progress" toward a maintenance type of solution. We will try to better center the alley between these two lots which will effect one addi- tional lot . We will also trim some bushes and remove a tree in the R-O-W at the south end of the alley. Neither gentlemen agreed to this solution but neither disagreed. I told Bernie his only other alternatives were to get the City to change its maintenance practices or petition for a paved alley. I have since learned that Bernie ' s neighbors ( same side of the alley) may make a similar request if we do this for Bernie , only time will tell . I have not met with Bob Koch yet but intend to do so and then send you a memo. 6 . Attached is the Revenue and Expenditure report for the month ending September 31 , 1982 . 7 . Attached is the building activity report for the month ending September 31 , 1982 . 8. Attached is a letter I received from the Attorney General ' s office regarding Site #31 and a clarification of their finding on intrinsic suitability. 9 . Enclosed are Legislative policies from the AMM' s Revenue Resource Committee on which I serve. 10. Attached is the agenda for the October 21 , 1982 meeting of the Energy and Transportation Committee . 11 . Attached is a letter from Senator Dave Durenberger ' s office regarding IRB legislation. Non-agenda Information Items October 15 , 1982 Page Two 12 . Attached is SPUC' s new policy regarding tennis court lighting. 13 . Attached are the minutes of the September 8 , 1982. SPUC meeting. 14 . Attached are the minutes of the September 30 , 1982 Energy and Transportation Committee meeting. 15 . Jeanne Andre received word today that the JEJ Park Grant was approved. 16 . Attached is a copy of a letter from Wally Stock regarding mandates of the Special Education law. PUBLIC NOTICE (Requested by Tom Brownell Shakopee Police) Due to numerous complaints from citizens regarding snowmobile violations during the past winter, City Council requested the police department to review current regulations and. City Code regulating to snowmobiles and all-terrain vehicles . The department felt the important factors to be considered were safety , protection of private and public property , noise factor in residential areas and the department ' s ability to enforce the current City Code without increasing our overtime budget . The police department is recommending to the City Council a revision of the City Code which will allow the operation of snowmobiles and all-terrain vehicles in the area designated as south of 13th Avenue extended easterly and County State Aid Highway 16 , and east of Spencer Street and County Road 17 , with property owners written permission or on officially designated trailways . Shakopee residents are invited to attend the City Council meeting on Tuesday, October 19 , 1982 at 7 : 30 p .m. if they wish to comment on this matter . NEWS RELEASE (Requested by Tom Brownell. Shakopee Police) As we begin the hunting season, citizens are reminded of City Code Section 10 . 20 which regulates the type of weapons and. location they may be discharged . It is unlawful to discharge firearms , BB guns , air guns , air rifles or bows and arrows within the City of Shakopee except under the following conditions : Except as otherwise provided, it is unlawful for any person to shoot a bow and arrow except in the, Physical Education Program in a school supervised by a member of its faculty , a community- wide supervised class or event specifically authorized by the Chief of Police, or a bow and arrow range authorized by the Council . Hunting or target shooting is permitted provided the follow- ing provisions are observed: 1 . That only BB guns , shotguns with shot shell , or bows and arrows are used 2 . That shooting is done on contiguous tracts of at least forty acres . 3 . That the person shooting either owns or has the written permission of the owner of the tract . 4 . That the gun is not discharged within 500 feet of a building or a public road. 5 . That the area within the shooting is done lies south of 13th Avenue extended easterly and County State Aid Highway 16 , and east of Spencer Street and County Road 79 . ttknpee Tvr unitu eruires of 3 129 Levee Drive Shakopee, Minnesota 55379 Phone 445-2742 Community Education • Parks • Recreation • Adult Education George F. Muenchow, Dir. 10/4/82 John Anderson: This- notice was in the 10/1/82 Minneapolis Tribune. George Muenchow 1 1,. ,,,_ ;, „.„,n. .ota DNR rec.. eives 1 ,055 :i:a „ . This- dram U.S. government . t.,,,J i,I, .k4,4 4 t. e .' % •- Frumstaff and,Associated Press Six of the eight islands that the Hen- "They're valuable as recreation nepin County Park Reserve District sites, but more than that, we didn't• T1he federal"gover`n'ment.will tum received are in Murphy Lake, Han- want to see them developed," he over 1,055 islandsto the Minnesota rahan Lake and Cleary Lake, man- said. T epar tment.of Natural Resources, aged by: the Scott-Hennepin County Many,of*Mein:located in environ- Park Reserve District. The remain- Thorne said most of the islands in mentally sensitive lakes and rivers. fug islands are in the Hyland Lake the middle of lakes were already Regional Parkin Bloomington and in within state parks and will be„man- Several local'government units, in- the Mississippi River section of the aged as part of that system;He•said chiding the Hennepin County Park Coon Rapids Dam Regional Park in river islands will be managed Reserve District, also received a Anoka County. through the six;wild and scenic river handful of islands near the Twinsystem programs or the 18 canoe Cities. Don Cochran, director of operations and boating route programs...; ;,, t. for the park reserve district,said the ,, The.plan ,nveiled Wednesday ends a ,islands are primarily within, areas "We dont anticipate that-there's go- m }"threat that White House'budget man- already managed by the park re- ing to be any significant increase in agers might sell some of the islands serve district. He said there are no our maintenance program," he said. to the highest bidder. plans to change their use. "They are primarily (advantageous) i , ., �.: ; ,, to us in their.n. .1 state The plan transfers ownership of the Both the upland tracts and the is- islands, totaling about 2,000 acres, lanais can be used as wildlife man- Ti city o hakopee . • •>coun- and more than a dozen other upland agement areas and as additions to ies of Waseca, Aitkin, Blue �-rth tracts,'parcels of land other than. 'state parks, state-designated wild and Itasca also will receive fede al islands such as shoreline property,to and scenic rivers,boating and canoe- :nds under the disposal plan. 1 the state. The upland tracts total ing areas, scientific study areas and about 4,900 acres public access sites. • In a••':•' • - , 93 islands P *, ' ' ' ' ” . , the federal government owns in Min- : l Most of`the islands are small,many Many of the 1,055 islands are in nesota and one upland tract will be F of them less.,than half an acre. A watershed areas where development transferred to the National Park Ser- i DNR offiial said most of the Islands ''could have a negative effect on wa- vice for.inclusion in the Voyageurs i and upland tracts are located in the ter quality and wildlife, said Steve Nationa,1 Park and Lower St. Croix northern part of,the state,though he Thorne, deputy commissioner for National Scenic Riverway. I said sotne of the islands are in the the Department of Natural Re Minnesota River in southern Minne- sources. sota. • A COOPERATIVE EFFORT OF THE CITY OF SHAKOPEE AND SCHOOL DISTRICT 720 SINCE 1954 81982 October 7, 1982 CI(OF The Honorable Eldon Reinke, Mayor of Shakopee Councilmen, Councilwomen and Staff City of Shakopee Dear Leaders : I would suggest that you sit down and get a good hold on your chairs because what comes next in this letter very seldom happens in public life, and the shock may make you weak in the knees . This is a letter of thank you. I was pleased to see headlines in the Shakopee paper yesterday that read as follows: City Council Votes to Lower 83 Levy. Being a former commissioner myself, I know how tough it is to make those belt-tightening decisions, and then when your efforts go virtually unnoticed, you really wonder if it was worth the effort. I just want to make sure at this point that you understand that I and my family appreciate the special effort you put in, in working and holding down the budget and the other activities that you do throughout the year. Please keep up the good work. Yours truly Dennis L. Hron 200 Jackson Park Shakopee, MN 55379 DLH/em. l I . �. O ) , C,'.1 .. = - 0..: O i ]:U ...)!,1 n W �` - v J_ V n.It ? w '. . O. , NI •t --� 1 ' I i 444.4 W W 44414 • 4Wi4(1.4444.4 W 44 W u1 • W W 41444.444IW 4u(94 cJi44 • 4.W -n r LA U•Ut•N:A co N co 01!N • W 4ILA W CA(A a W,(A 4 4 W u W' * .r r'r r r r r r1..r r r.'r.r r • •.c) D C ,0 '),')0j3 • 0 4214444 N N N N .' l.7 3 W W,LA W(Cl•W 4 W:44 N r.••p•.r r • N2 F. A2 .D A (4 Nam.O,0 ,A V O'IUI • A C2!4#C2!4#N r C)(A N p. el CD V 0'(1I • A• 4-'43 IDiV CO UI A LA Maio.':.-) ..7 UI A 4164 r • N .. 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A l: N — 7 CITY OF SHAKOPEE BUILDING ACTIVITY REPORT SEPTEMBER, 1982 PERMITS ISSUED Yr. to Date Total Previous Year Number ' Number Valuation Number Valuation 5732-5764 440 . YTD. Single Fam. -Sewered 7 16 915 ,070 1 24 1 ,409 ,000 Single Fam. -Septic 1 4 294, 500 - 7 562 ,000 Multiple Dwellings - 8 652 , 640 - 11 1 , 264,000 (Mo.Units) (YTD Units) - ( 22 ) ( 32 ) Dwelling Additions 6 53 310, 395 2 22 146 , 637 Other 1 5 124,280 Business District 2 5 848 , 125 - 3 240,000 Agricultural - - - - 1 132 ,000 Industrial -Sewered - - - - 3 2 , 343 ,000 Industrial -Septic - - - - 3 792 ,000 Accessory/Garages 5 31 200, 700 5 32 178 , 360 Signs & Fences 3 37 47 ,066 . 50 - 10 15 , 718 Fireplaces/Wood S t.ove 1 7 9 ,405 4 9 98,000 Grading/Foundation 2 4 49 ,165 - 2 59 ,000 Remodeling (Res. ) 3 24 89 , 740 6 30 122 ,800 Remodeling ( Inst. ) 1 1 - - 2 5 , 300 Remodeling (Other) - 13 701 ,848 2 31 1 , 377 ,000 TOTAL TAXABLE 31 221 4, 242 ,934. 50 20 188 8 , 739 , 515 'I'O'I'AI. INSTITUT[CNAL 1 1 - 2 5 , 300 GRAND TO'I'AI, 32 222 4, 242 ,934. 50 20 190 8 , 744,815 MO. YTD . MO . YTD . Variances 3 18 1 5 Conditional Use 1 15 2 15 1 Re-Z OMI ng - 2 - 3 Moving 7 123 37 149 Electric Permits20 138 11 1.46 Pimbg. & Htg. Permits Razing Permits • - Residential - - _ _ Commercial - - Total dwelling units in City aftercompletion of all construction permitted to date Cora Underwood Bldg. Dept . Secretary 7 . CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN SEPTEMBER, 1982 5732 Donald Wilber 1026 E. 10th Ave . Fence $ 500 5733 Laurent Bldrs . • 642 Adams St . Alt . 800 5734 Raymond Friedges �� $ 0 Prairie St . House 72 ,900 ��ll f 2,. Z�the �G 444 5735 H.H. Harrison ' �414 E. 1st Ave . Alt . 500 5736 James Johnson 1945 Davis Court House 54,000 c_ 1 5 472. '�'� 2 .2,-/ - 5737 Swedenborg Const . 584 Induhtridl Cir. S. Addn. 50,000 5738 Steven McKinley 518 Dakota St . Fence 350 5739 Scot's Lucius 528 E. 1st Ave . Alt . 2 .000 5740 George Strehlow 603 E. 1st Ave . Addn. 100 5741 Joe Link 1158 M roy St . . House 52 , 500 ..---7. ,7 .6 - aC'4 d-el-n.L..rc- t L�.4. 5742 K.E. Mortensen 970 ller Addn. 1 , 500 5743 Laurent Bldrs . 1871 13th Ave . House 50,000 —r/c, 4/ VW7 t/1 —3-4_,Z__ 5744 1st Presbyterian Ch. 909 MarschalY Road Addn. waived 5745 Signcrafters 8000 Hwy 101 Sign 2 , 500 5746 Jeffrey Boldt 532 Spencer St . Addn. 500 5747 G.F. Juergens 327 Marschall Rd. Footings 20,000 5748 Michael Menke 654 Me e Ave . House 75 ,000 --- >e^, 43,2, 5749 Progress Valley Masonry 731 W. 10th Ave . Addn. 1 ,150 5750 Laurent Bldrs . 837 E. 1st Ave . Acdn. 25,000 5751 Melvin Lebens 205 S . Atwood St . Addn. 4,125 5752 Delaney Const . 8296 Horizon Dr. House 85 ,000 / 5753 Bruce Paul 805 W. 5t Ave . Stg. Bldg. 500 5754 Balco Bldg. Sys . 200 Cavanaugh Dr. Footings 18 ,000 5755 Timothy Perrier 911 Holmes St . Wood Stove 700 5756 Gilbert Lebens 1065 Legion St . House 60,000 < , B 7 f« ,EZe 5757 Leo McGovern 124 S Sommervitle Addn. 50G 5758 John J. DuBois 1705 W. 3rd Ave . Stg. Bldg. $ 26 ,000 5759 Peter Deutsch 1291 Harrison Addn. 200 5760 Willis Smith 2237 Valley View Stg. Bldg. 7 ,000 5761 Harold Schneider. 3300 Valley View Stg. Bldg. 19 ,000 5762 Cancelled 5763 Greg Hoehn 506 W. 4th Garage 7 , 500 5764 Edward Hennen 850 Prairie St . House 52, 500 c ) `r. � ur' �" $ 690, 325 mptl r,:t •'°�,4r•., Warns. ; 4 Mr KO • OCT 7 1982 STATE OF MINNESOTA OFFICE OF THE ATTORNEY GENERAL ADDRESS REPLY To OFFICE OF THE ATTORNEY GENERAL MINNESOTA POLLUTION CONTROL AGENCY October 6, 1982 1935 W. COUNTY ROAD 02 ROSEVIL4.E, MINNE;OTA 55113 1612) 296-7342 Mr. John Anderson City Administrator City of Shakopee 129 E. First Avenue Shakopee , MN 55379 Re: Intrinsic Suitability Certification of Sites for the Disposal of the Metropolitan Waste Control Commission' s Sewage Sludge and Solid Waste Dear John: I am writing to follow up on our phone conversation of October 4, 1982, regarding Site 31 in the above-captioned proceedings . It is my understanding that Site 31 was certified by the MPCA Board as intrinsically suitable for the application of sewage sludge from the Blue Lake Wastewater Treatment Plant at agronomic rates . If the Metropolitan Council wishes to use the site for such sludge application, it must complete an Environmental Impact Statement and then seek a permit from the MPCA. As we discussed on the phone , the MPCA Board ' s Finding No. 141 (at page 41 ) states that the site was considered in terms of Blue Lake sludge to be applied at agronomic rates . My recollection of the Site 31 discussion at the September 27, 1982, MPCA Board meeting is that I mentioned in the Staff introduction to the site that it was proposed only for such sludge application and that Mr. James Frost of the Metropolitan Council made the same statement in response to a question from a Board member. ,I You may contact Ms . Ann Lee, MPCA Board Secretary, if you - wish to listen to, or make a copy of, the tape of the Board discussion. It is tape 2 from September 27, 1982. Ms . Lee �' is at the MPCA address given in the letterhead and her phone number is 296-7306 . She advised me that the tape is kept at the MPCA for about three years and then sent to permanent storage. If you wish to be notified of any permit proceedings on this site, you can request to be put on a notification list I . Lr s" AN EQUAL OPPORTUNITY EMPLOYER �' r` I Mr. John Anderson Page Two October 6, 1982 by contacting Mr. Dale Wikre, Director, Division of Solid and Hazardous Waste, at the MPCA address given in the letterhead. I hope this information addresses your concerns . Very truly yours , S PHEN SHAKMAN Special Assistant Attorney General SS :mah cc : Carol Rogers , MPCA Karen Schaffer , Metropolitan Council %I LEGISLATIVE POLICIES 1983-1984 I . MUNICIPAL REVENUES AND TAXES I-A LEVY LIMIT A-1 8% LEVY LIMIT REPEAL Thi 7981-82 Legislature compounded the problems caused by levy limits for 1982 and thereafter expanding the law to apply to all cities in the state , by changing the base to which the present 8% annual allowable increase applies, and by eliminating or restricting some of the previously allowable special levies . These changes have added unnecessary complexities to city budgeting processes and have caused serious budget problems in many cities. Furthermore, levy limits ultimately work against the interests of local taxpayers because the law creates an incentive for cities to take maximimu advantage of the opportunity to make general or special levies . For example, the arbitrary decision in 1981 to create a new levy limit base effectively penalized those cities that were successful in holding down their property tax levies in 1981 . History has now provided cities with numerous lessons teaching that cities which choose to levy less than the maxumum allowed in a given year risk being later tied to unrealistic or artificially low new limits for future budget years. The Association of Metropolitan Municipalities has consistently opposed the levy limit laws in that they apply uniform statewide restrictions to cities and are too inflexible to accommodate the high rate of inflation, uncertainties in state and federal financial aids , and the diverse problems and circumstances faced by cities throughout the state. Such laws are inconsistent with principles of local self-government and accountability . Neither do they recognize changing local conditions as to either expenditure needs or revenue sources. Therefore, THE AMM REMAINS STRONGLY OPPOSED IN PRINCIPLE TO SUCH LIMITATIONS AND RECOMMENDS THAT THE MINNESOTA LEGISLATURE REPEAL LEVY LIMIT LAWS FOR CITIES . A-2 LEVY LIMITS ALTERNATIVE - TRUTH IN TAXATION As an alternative to levy limitations the AMM would suggest the Legislature consider a ' Truth in Taxation ' process similar to that used by Florida , Montana, Hawaii , Virginia , Maryland and the District of Columbia . Arbitrary levy limits are not suitable or practical for all communities all of the time primarily because of th vast differences in community service needs and desires based on individual local philosophy and demographics . Arbitrary limits tend to reduce the average citizens ' interest in spending decisions of local officials because there are so few choices to be made with limited resources . Local officials escape the responsibility of I-1 ci decision making and thus the accountability because the state has in effect made that decision through the limit . The arbitrary limit , based on how the rate increase is determined, also may tend to cause higher than necessary levies in any given year because of the fear of losing ground for future needs. Therefore, the limit may in fact become a minimum standard levy rather than a maximum. The Truth in Taxation process provides individual property taxpayers with notification of planned taxing levels compared to current taxing levels and the opportunity to part- icipate in the final decision making process through public hearings where actual spending decisions can be discussed and challenged. It also provides the local taxpayer with information as to what each taxing jurisdiction is proposing rather than a bottom line total only. This data along with the participation opportunity places the responsibility for tax levels squarely on the shoulders of the appropriate local officials and forces accountability rather than blame shifting onto state level elected or appointed officials. Finally, this system of full disclosure enhances public participation in the conduct of local government by providing real decision making opportunities and therefore, is an effective compromise between no state controls over local taxes and substantial control through stringent state imposed limits. THE AMM STRONGLY URGES THE LEGISLATURE TO CONSIDER ALTERNATIVES TO STRINGENT LEVY LIMITATION LAWS. A SPECIFIC ALTERNATIVE RECOMMENDATIOT IS THE "TRUTH IN TAXATION" PROCESS AS USED IN FLORIDA AND OTHER STATE: THIS METHOD PROVIDES IN DEPTH INFORMATION TO THE TAXPAYER AS TO PLANNED LEVY INCREASES BY EACH TAXING JURISDICTION AND ENHANCES TAX- PAYER ABILITY TO PARTICIPATE IN THE FINAL DECISION MAKING PROCESS PLUS PLACED RESPONSIBILITY AND ACCOUNTABILITY AT THE APPROPRIATE LEVEL AND JURISDICTION. UNLIKE OTHER PROPOSALS, THE AMM WOULD V1 SUGGEST KEEPING THE ASSESSMENT PROCESS SEPARATE FROM THE BUDGET/LEVY PROCESS TO AVOID CONFUSION. I-B LEVY LIMIT MODIFICATION tea 1 Althou h the AMM is strongly opposed to Levy Limitations as currently 1 legislated, the organization is aware that there is significant legislative initiative to maintain the responsibility for local property tax levels. However, local government must continue and be allowed to provide for services that people demand and that state and federal law require. Therefore, if repeal or an alternative is not adopted, the Association supports amendments to the present levy limit law to provide further relief from current inequities. B-1 REALISTIC LEVY BASE The current levy limit increase applies to only the amount of general levy made in theprevious year instead of a base which included a combination of general levy plus local government aids . As a percent of budget the general levy may range from 10 percent to 60 percent depending on a particular cities aids and other revenue. Local government aid has been reducing not increasing and future state revenue projections would indicate that aids will either stay even i-2 I or only increase slightly. Federal Revenue Sharing has not increased and in some cases has decreased. Service and permit fees have been increased in many cities to maximum levels . There- fore, a levy limit increase factor based only on previous general ad valorum levy is extremely unfair in treating cities differently, some cities will probably have less money even with a maximum increase, and few cities will gain enough revenue to pay nominal salary increases. BASED ON THIS RATIONALE, THE AMM STRONGLY URGES THE LEGISLATURE TO ADOPT A REALISTIC LEVY BASE TO WHICH THE ANNUAL INCREASE WILL APPLY INCLUDING AS A MINIMUM THE GENERAL AD VALORUM LEVY PLUS LOCAL GOVERN- MENT AID, AND FURTHER, ALLOW THE BASE TO INCREASE ANNUALLY AT THE ESTABLISHED RATE WITHOUT FORCING LOCAL UNITS TO LEVY THE MAXIMUM TO RECEIVE MAXIMUM BASE INCREASES. ALSO, THE LEGISLATURE SHOULD USE THE EXISTING 1981 LEVY LIMIT BASE AS A STARTING FIGURE FOR NEW BASE CALCULATIONS. B-2 REALISTIC LEVY BASE INDEX The present 8% annual levy limit increase of the previous year levy totally unrealistic even if the base is expanded to include other factors. Eight percent or any percent has no relevant relationship to the increasing costs of labor or material and local service demands . Wage increases, which account for 60 to 70 percent of a city budget are controlled by cost of living indices and in many cases outside arbitrators that are not concerned with city revenue raising capabilities. THE PRESENT 8% LEVY LIMIT SHOULD BE AMENDED TO INCORPORATE A MORE REALISTIC INDEX OF INCREASING MUNICIPAL COSTS IN PLACE OF A FIXED RATE AND ONE WHICH WOULD RESPOND TO AND REFLECT MORE CLOSELY INFLATIO: RATES AND MUNICIPAL NEEDS . IN TIMES WHEN ECONOMIC INDICATORS SHOW THAT COST INCREASES EXCEED 8%, LEVY LIMIT BASES SHOULD BE ADJUSTED UPWARDS TO REFLECT THOSE INCREASES. B-3 LEVY BASE GROWTH FACTOR - RESIDENTIAL/PEOPLE The levy limitation law has traditionally recognized that cities grow and that th general annual levy increase cannot alone provide sufficient increased funds to provide services for an expanding service need area . Population was used as a growth factor but due to dwindling household size this did not recognize increasing numbers of dwelling units, street miles, and other property related growth needs . Many cities with decreasing populations actually experienced growth in areas demanding service. The 1981 legislature changed the growth factor to homesteads which to some degree solved the decreased household size problem. However, because of economy and housing problems, many cities are experiencing stable or decreasing homestead growth while rental housing is increasing rapidly, thus causing increased service needs but not reflecting growth in the formula . Therefore, 1-3 CTOR THE AMM RECOhIP.IENDS THAT THE ALEVY HOUSEHOLDGROWTH WHICHA WILL BOREHACCURATELY AT A MINIMUM, FROM HO;�IESTED REFLECT SERVICE NEED GROWTH, AND HOUSEHOLD CO DHPRELYRA MBINATION FACTOR CONSIDERING BOTH POPULATION B-4 COMMERCIAL/INDUSTRIAL LEVY BASE GROWTH. The current levy limit law recognizes that increased houses and people require increased revenues to provide services . The law also recognizes that new commercial industrial expansion causes new city costs and therefore, provides a special levy for three yearsq ua to the amount of revenue raised by applying the general mill levy to the increased value. At one time a portion of the special levy would be added to the levy limit base when the special levy expired to provide funds for ongoing service needs . This provision was inadvertently dropped in 1981 . Without this growth factor, services for new commercial and industrial property must be provided from existing revenue , thus reducing service to the remainder of the community. Without additional revenue to provide this service and considering metropolitan fiscal disparities , a very real disincentive exists for allowing any type of new or expanded commercial/industrial growth. THE AMM URGES THE LEGISLATURE TO PROVIDE A LEVY BASE INCREASE FOR NEW AND EXPANDEDDWITHOUT THAT DECREASINGIAL SERVICE TO THE XISTINGRESIDENTSDEUSTRIAL GROWTH OS ERVICES MAY BE PRROVIDE OF THE CITY. B-5 REVERSE REFERENDUM The 1981 Legislature eliminated the Reverse Referendum procedure owh�c allowed a local governing body to increase its levy base by up if it was at 98% or more of the levy limit the previous year. The law restricted use to a one time 10% increase or multiple increases not to exceed a total of 10% and provided significant notification and public hearing procedures. The increase was subject to a referendum if a petition was presentedcontainingisiougnatures gtureslequal to 5% of the number of persons voting at If no petition was received, the increase become ieffective.cThis provision provided a measure of flexibility for that needed base increases for various reasons . THE AMM REQUESTS THE LEGISLATURE RE LOCALEEUNITS .HRREVERSE REFERENDUM PROVISION TO ADD FLEX B-6 SPECIAL LEVY FOR MANDATED STATE AND FEDERAL PROGRAMS. The cost of local government is being influenced more and more by bot state and federally legislated mandated programs and increased man- dated benefits or costs for in-place programs . Due to current levy limitation restrictions , the ability of local government to pay these increased costs is severely restricted, thereby causing in many in- stances, a reduction in the level of the typical service functions of police , fire , street , etc. There is a vast range of mandatednnual program increases which have no bearing or relationship to theallowed 8% levy limit increase . Some of these include worker ' s compensation benefits , binding arbitration , federal social security, I-4 7 minimum wage laws, comprehensive planning, Critical Areas Act , Shorelines Act, OSHA, etc. THE ASSOCIATION OF METROPOLITAN MUNICIPALITES URGES THE LEGISLATURE TO (1) REINSTATE THE SPECIAL LEVY FOR NEW AND INCREASED PROGRAM COSTS MANDATED BY STATE LAW, (2) INITIATE A SPECIAL LEVY FOR INCREASED COSTS CAUSED BY OTHER STATE ACTION, AND (3) INITIATE A SPECIAL LEVY FOR FEDERAL MANDATED PROGRAMS. B-7 DECREASED NON TAX REVENUE SPECIAL LEVY The 1981 legislature eliminated the Decreased Non Tax Revenue special levy by rolling the 1981 actual levy into the levy base. The primary purpose of this special levy was to provide a method on an annual basis to recapture revenue decreases in, principally, municipal liquor store operations using the current year as a comparison to 1971 revenues modified by inflation. When the Levy Limit law was initiated in 1971 , it did not consider that a major share of some cities general budget revenue was derived from the liquor store revenue. Since 1971 these revenues or profits have remained constant or in many cases actually declined, thus causing severe problems because levy increases were only based on actual 1971 property tax levy. The decreased non tax revenue special levy was initiated in 1973 and modified in 1980 to remedy this problem. THE AMM ENCOURAGES THE LEGISLATURE TO RE-INSTATE THE DECREASED NON TAX REVENUE SPECIAL LEVY TO MORE ACCURATELY REFLECT THE CURRENT INCREASE OR DECREASE REVENUES FROM MUNICIPAL ENTERPRISES SUCH AS LIQUOR STORES. I3-8 ENERGY SPECIAL LEVY There has been a tremendous interest in energy related issues and developing methods of saving energy in the past few years. It is recognized that fuel conservation measures are necessary and, in fact, federal and state legislation has been passed requiring certain energy saving measures. Cities are required to make facility energy audits which are basically paid for through energy grants . However, facility changes and capitol expenditures , some required and others that make sense, must be implemented using local revenues. In many cases these revenues are not available because of levy limitations . Therefore, THE AMM URGES THE LEGISLATURE TO ENACT A SPECIAL LEVY TO PAY FOR COSTS INCURRED FOR ENERGY IMPORVEMENTS INCLUDING CAPITAL EXPENDITURES . THIS SPECIAL LEVY SHOULD BE NOT ONLY FOR REQUIRED EXPENSES, BUT IT SHOULD BE BROAD ENOUGH TO ENCOURAGE AND PROVIDE FUNDS FOR VOLUNTARY ENERGY IMPROVMENTS. B-9 SPECIAL ELECTION FUNDING In recent years there have been a rash of special elections to fill vancies in congressional offices and the State Senate and House of Representatives. These elections are expensive for cities that have to pay for election judges, ballots, etc. , and because of strict levy limitation laws, cause problems when they occur. I-5 THE AMM REQUESTS THE LEGISLATURE TO REIMBURSE LOCAL UNITS FOR THESE SPECIAL ELECTION COSTS WHEN THEY OCCUR. IF THIS IS NOT POSSIBLE, THEN AS AN ALTERNATIVE, THE LEGISLATURE SHOULD AT LEAST PROVIDE A SPECIAL LEVY PROVISION FOR RECOVERY OF LOCAL COSTS. B-10 SERVICE SHIFTS-LEVY LIMITS REVIEW BOARD Due to diminishing state funding of county and city services and tightening levy limits, all units of local government have been modifying service procedures and increasing revenues where possible. For many years some counties have provided services to cities on a contract basis for police, prosecution, jailing, assessing, etc. In order to free up funds for other services, some counties have been shifting a much larger burden of cost for these services to the city at a much greater increase than 80. An actual prime example of this is as follows: One county has done the assessing for all units within the county on a contract basis for one dollar per year. This cost has been funded within the county levy base. However, for 1983 the county is charging actual costs to the local units, as high as $28, 000 for one city. The city has the option to pay or hire its own assessor. It can do neither because its base does not include any funds for this purpose. Because of the law the county can free up that base levy to be used for other purposes. This type of activity is more common where cities contract with the county sheriff for police service and have no control over cost increases. THE AMM STRONGLY URGES THE LEGISLATURE TO RE-ESTABLISH A LEVY LIMIT BASE REVIEW BOARD AND AUTHORIZE THE BOARD TO ADJUST CITY LEVY BASES FOR SERVICE SHIFTS AND EXCESS COST INCREASES FOR CITY/COUNTY CONTRACT SERVICES SUCH AS POLICE, PROSECUTION, JAILING, ASSESSING, ETC., WHEN IT CAN BE SHOWN THAT IT IS A NEW COST TO THE CITY OR A COST INCREASE IN EXCESS OF THE STANDARD LEVY BASE INCREASE. B-11 FEDERAL REVENUE SHARING REPLACEMENT FUNDS Since 1972 the cities of Minnesota have become more and more dependent upon Federal Revenue Sharing. Currently almost all cities are using some or all of their revenue sharing allocation for normal general operating expenses , and many of these same cities are at, or near, levy limits . If Federal Revenue Sharing is either discontinued or reduced, currently there is no alternative method to raise revenue to replace the loss. In some cases the resulting cuts in service will be a definite threat to the general health, welfare, and safety of many of our city residents, Therefore, THE AMM REQUESTS THAT THE LEGISLATURE ENACT A PROVISION IN THE LEVY LIMIT STATUTES TO PROVIDE A LEVY LIMIT BASE INCREASE TO REPLACE ANY FUNDS LOST THROUGH REDUCTION OR DISCONTINUANCE OF FEDERAL REVENUE SHARING TO CITIES. B-12 SPECIAL LEVY - NATURAL DISASTER AND LAWFUL ORDER The 1977 Legislature eliminated a number of special levies , including those for expenditures of funds as a result of natural disasters and lawful orders, neither of which a city can plan for or has any contro over. Lawful orders are a result of not being able to implement some state or federal regulation . Natural disasters, such as the 1977 and I-6 1978 heavy rains which caused severe flooding in the metropolitan area can cause unnatural large expenditures for emergency repair to city facilities . Neither of these are used often, but when needed are absolutely necessary. Also, Minnesota Statutes 12 . 25 through 12. 45 require cities to establish emergency services programs and appoint a director to be prepared for disasters such as flood, tornado, drought, hazardous material spills, etc. At the time of enactment a special levy to cover costs of these programs was allowed but has since been discon- tinued. An Emergency Services Division of the State Public Safety Department has been established to provide training for local participants and help in administration of disaster loans and grants . Recent example of disasters in Minnesota are numerous and point out the need for enhancing rather than decreasing the financial capabilit of both the state and local units to react in such emergency situation The legislature could utilize several alternatives to provide additional funds for these activities including authorizing special levies or possibly a one or two percent rider for property insurance which could be dedicated to emergency preparedness. Therefore , THE AMM URGES THE LEGISLATURE TO REINSTATE THE SPECIAL LEVIES FOR LAWFUL ORDERS AND NATURAL DISASTERS AND PROVIDE FUND SOURCES FOR EMERGENCY PREPAREDNESS. B-13 FICA SPECIAL LEVY Normally FICA - Social Security Withholding - is directly proportiona: to payroll . However, in recent years the employer contribution percentage and amount of salary FICA is paid on , has increased drast- ically, well above even the extremely high inflation rates experience the past three years. THE AMM REQUESTS THE LEGISLATURE ENACT A SPECIAL LEVY TO PROVIDE CITIES WITH THE DIFFERENCE BETWEEN TIIE NORMAL LEVY BASE INCREASE ALLOWED BY THE LEVY LIMITATION LAW AND THE FICA INCREASE MANDATED BY THE FEDERAL GOVERNMENT. I-C LOCAL GOVERNMENT STATE AID For cities to be able to budget and plan in a rational and orderly manner, cities must have a reliable and predictable source of revenue other than the property tax. The experience with state aid delays and cutbacks in the past two years has demonstrated that the current local government aid system is neither reliable nor predictable. The current system subjects cities to the dual uncertainty of not knowing whether the state.§ revenues will be adequate, and not knowing how the legislature and governor will choose to allocate funding cutbacks whe:. revenues do fall short . Under a system in which cities derive a substantial part of their revenues from state sources, cities must expect that when state revenues fall short, cities ' state aid funding will also decline . However, cities must have assurance that they will not be forced to I -7 • absorb a disproportionate share of a revenue shortfall . As a corollary, it is also reasonable for cities to expect state funding for local government aid to increase in proportion to increases in state revenues. FOR THESE REASONS, THE AMM RECOMMENDS THAT THE APPROPRIATION FOR LOCAL GOVERNMENT AIDS BE TIED DIRECTLY TO A SPECIFIED SHARE OF THE STATE' S GENERAL REVENUE' TAX COLLECTIONS OR SALES TAX COLLECTIONS. I-D PROPERTY TAX D-1 TAX EXEMPT PROPERTY One of the glaring inequities in the Minnesota tax system involves the free local services that are provided to tax exempt property owned by the state and by certain non-governmental organizations. It is widely acknowledged that such property benefits directly from govern- mental services such as police and fire protection and street services provided by cities and counties . However, since there is no legal basis for claiming reimbursement for the cost of such services, they are borne by the local taxpayers . Furthermore, such property is concentrated in certain cities and counties resulting in a heavy cost burden in certain parts of the state . THE ASSOCIATION BELIEVES THIS PROBLEM SHOULD BE CORRECTED BY ENACTING LEGISLATION REQUIRING BOTH THE STATE AND NON-GOVERNMENTAL OWNERS OF TAX EXEMPT PROPERTY, EXCEPT FOR CHURCHES, HOUSES OF WORSHIP, AND PROPERTY USED SOLELY FOR EDUCATIONAL PURPOSES BY ACADEMIES, COLLEGES, UNIVERSITIES AND SEMINARIES OF LEARNING, TO REIMBURSE CITIES AND COUNTIES FOR THE COST OF POLICE , FIRE, AND STREET SERVICES, OR THAT THE LEGISLATURE SHOULD CREATE AN ADDITIONAL PROPERTY CLASS AND RATE FOR ALL CURRENT TAX EXEMPT PROPERTY OTHER THAN THAT PROPERTY EXCLUDED FROM TAXATION BY THE MINNESOTA CONSTITUTION. THE LEGISLATURE SHOULD ALSO CONSIDER PROVIDING REIMBURSEMENT FOR THESE SERVICES FOR ALL STATE OWNED FACILITIES, INCLUDING STATE UNIVERSITIES. D-2 MAINTEANNCE OF REAL PROPERTY Many homeowners are confused as to what maintenance and repair can be performed to maintain a home without increasing the market value of the property, thereby causing higher taxes. Replacing an old roof may be maintenance to a home, but it may also increase the market value of the building. It is necessary to encourage proper maintenance and repair of existing buildings and yet the property tax structure may discourage such maintenance . TO RESOLVE THIS PROBLEM, THE AMM SUGGESTS THE LEGISLATURE MODIFY CHAPTER 273. 11 TO REQUIRE ALL PROPERTY BE VALUED AS IF IT WERE IN ADEQUATE MAINTENANCE CONDITION TO THE EXTENT THAT LACh OF MAINTENANCE OR DETERIORATION DOES NOT CREATE A TAX ADVANTAGE. I-8 7 D-3 PUBLIC PROPERTY ACQUISITION Municipalities have encountered the situation where another govern- mental unit has acquired title to property but has not filed the necessary paperwork to have the property officially removed from the tax assessment rolls . Consequently, the municipal budget has been adopted and mill rates established based on the premise that the property was still on thetax rolls. Under the present property tax law, there is not recourse for the municipality to collect any taxes and penalties that may accrue between the time that the governmental unit may acquire title and the time they file the necessary paperwork to remove said property from the assessment rolls. ANY PUBLIC JURISDICTION ACQUIRING PROPERTY SHOULD BE LIABLE AND SHOULD PAY, OR ARRANGE FOR PAYMENT OF, ALL TAXES DUE AND PAYABLE UP TO SUCH TIME AS THE PROPERTY IS FORMALLY REMOVED FROM THE ASSESSMENT ROLLS. ALL PENALTIES ASSESSED TO PRIVATE OWNERS SHOULD ALSO APPLY TO SAID PUBLIC JURISDICTIONS. D-4 PROPERTY TAX DISTRIBUTION FROM COUNTY The 1980 legislature modified the property tax collection/distributior: process some by requiring counties to distribute 70% of the funds on hand as of the 5th. day of the month following the collection dates . The county still has 30 days from the due date in which to make the distribution and does not pay interest until 45 days after the due date. The interest rate was set at 80 . However, in many counties where computer accounting capability exists, the money is virtually 100% available within one working week after the due date. The county may hold the majority of the money for 30 days and 30% up to 45 days and collect interest at market rate. At the same time, many cities are borrowing money and paying market interest rates to meet payroll and other expenses. It is not practical nor possible in most cases for cities to accumulate enough reserve funds to cover normal costs from January 1 through July 5. THE AMM URGES THE LEGISLATURE TO FURTHER MODIFY THE LAW TO REQUIRE COUNTIES WITH COMPUTER CAPABILITY TO DISTRIBUTE 90% OF THE PERIOD PAYMENT TO CITIES WITHIN 10 DAYS AFTER THE 5TH. OF THE MONTH DISTRIB- UTION DATE, THE REMAINDER TO BE DISTRIBUTED WITHIN 30 DAYS. ALSO, THAT THE INTEREST RATE BE SET AT THE CURRENT PRIME RATE AS OF THE SETTLEMENT DATE ON ALL MONIES NOT DISTRIBUTED AFTER 15 DAYS. D-5 RAILROAD PROPERTY TAXATION The existing system for taxation of railroad property is not consister with the taxation of other commercial and industrial properties . The AMM recommends that a new system of property taxation be established which enable railroads operating in Minnesota to be taxed consistent with the taxation of other commercial and industrial properties . Thi:. system should contain the following features : ALL RAILROAD PROPERTY SHOULD BE ASSESSED BY THE ASSESSOR HAVING JURISDICTION AS OTHERWISE PROVIDED BY LAW. I-9 ALL NON-OPERATING PROPERTY SHOULD BE TAXED AND SHOULD INCLUDE ALL PROPERTY OTHER THAN OPERATING LAND AND OPERATING STRUCTURES AS DEFINED BELOW. NON-OPERATING PROPERTY SHOULD INCLUDE REAL PROPERTY WHICH IS LEASED OR RENTED OR AVAILABLE FOR LEASE OR RENT TO ANY PERSON WHICH IS NOT A RAILROAD COMPANY. VACANT LAND SHOULD BE PRESUMED TO BE AVAILABLE FOR LEASE OR RENT IF IT HAS NOT BEEN USED AS OPERATING LAND FOR A PERIOD OF ONE YEAR PRECEDING THE VALUATION DATE. NON- OPERATING PROPERTY SHOULD ALSO INCLUDE LAND WHICH IS NOT NECESSARY AND INTEGRAL TO THE PERFORMANCE OF RAILROAD TRANSPORTATION SERVICES AND WHICH IS NOT USED ON A REGULAR AND CONTINUAL BASIS IN THE PERFORMANCE OF THESE SERVICES. ALL OPERATING LAND (DEFINED TO MEAN ANY LAND WHICH UNDERLIES THE OPERATING STRUCTURES DEFINED BELOW AND RIGHTS-OF-WAY ADJACENT THERETO AND WHICH IS NECESSARY TO THE INTEGRAL PERFORMANCE OF RAILROAD TRANSPORTATION SERVICES) SHOULD BE TAXED AND SHOULD BE VALUED BY TAKING INTO CONSIDERATION THE VALUE OF ADJACENT LANDS AND THE ZONING APPLICABLE TO ADJACENT LANDS. ALL OPERATING STRUCTURES (DEFINED TO MEAN ALL STRUCTURES OWNED OR USED BY A RAILROAD COMPANY IN THE PERFORMANCE OF RAILROAD TRANS- PORTATION SERVICES, INCLUDING WITHOUT LIMITATION, FRANCHISES, BRIDGES , TRESTLES, TRACKS, SHOPS, DOCKS, WHARVES, BUILDINGS AND OTHER RELATED STRUCTURES) SHOULD BE VALUED BY THE ASSESSOR BY TAKING INTO CON- SIDERATION THEIR ALTERNATIVE USE, CONSISTENT WITH THE USES OF ADJACENT AND COMPARABLE STRUCTURES AND THE ZONING APPLICABLE TO ADJACENT STRUCTURES, IF NOT USED FOR RAILROAD PURPOSES. ALL OPERATING STRUCTURES EXCEPT RAILROAD BRIDGES, TRESTLES, TRACKS, DOCKS AND WHARVES, SHOULD BE TAXABLE. NO TAXING JURISDICTION SHOULD LOSE REVENUE BECAUSE OF THE CHANGE FROM THE EXISTING UNIT VALUE SYSTEM TO THE NEW LOCAL ASSESSMENT SYSTEM. D-6 PREVIOUS YEAR DATA ON TAX STATEMENTS Property tax statements sent to property owners by the county contain the dollar and mill rate for each taxing jurisdiction special assessment amounts , gross total , and net total after homestead credit deduction for the year in which the property taxes are payable. THE AMM BELIEVES TAX STATEMENTS SHOULD BE MODIFIED TO INCLUDE AT LEAS" THE CORRESPONDING DOLLAR LEVY FOR EACH ITEM ON THE CURRENT STATEMENT FOR THE PREVIOUS YEAR SO THAT TAXPAYERS WILL KNOW HOW MUCH EACH UNIT TAXES HAVE INCREASED OR DECREASED. D-7 UNIT ASSESSED VALUE FOR BUDGETING Due to fluctuating or decreasing state aids and credits and increasing assessed values in property it is difficult for local units to judge the impact of budget decisions on individual property taxes. Only one or two counties in the Metropolitan Area provide a close estimate of I-10 7 local units total assessed values in time for use during the local budget process. THE AMM URGES THE METROPOLITAN COUNTIES TO PROVIDE LOCAL UNITS WITH AT LEAST A CLOSE ESTIMATE OF TOTAL ASSESSED VALUE OF THAT UNIT SOMETIM IN AUGUST FOR USE DURING THE BUDGET PROCESS. I-E ASSESSMENT .EQUALIZATION Unequal property assessment , both within and among the various taxing jurisdictions, has been a concern of the legislature in past sessions due to overlapping tax levies by county, school and various special districts. For various aid formulas, the state has utilized sales ratios as an offsetting equalizing factor so that distribution of aids will be accomplished on as fair and equitable basis as possible. The legislature has also adopted a penalty provision effective in 1983 based on coefficient of dispersion which is calculated from the sales ratio and has discussed penalty provisions based on the sales ratio itself. However, sales ratios individually and collectively are inherently flawed, inaccurate, and at best are only general indicators. Many factors not associated with actual value of a piece of property can affect the sales price of that property. A farmer may buy a 40 or 80 acre parcel for well over ' market value ' as an add on to a current farm and justify the cost by spreading the extra expense over the entire farm. A person with a very large downpayment or access to good financing may be able to purchase a house with a very low or non-existant underlying mortgage well under the 'market value ' . On the other hand, someone with very limited downpayment may pay well over the market rate for a house with a high underlying assumable mortgage . Many other economic and personal reasons may enter into purchase price of property. Also, in many cases there just are not enough sales in a class of property to accurately determine a sales ratio in a given geographic area . Finally, to keep ratios from constantly jumping up or down from year to year and to level out statistically the activity, the Revenue Deparment disregards some sales that are out of line for various reasons and uses two year samples to create a ratio. At best , sales ratios and various statistics such as the coefficient of dispersion are only general indicators. They are tools to be used to determine cases of inconsistancy and provide a basis for constructive help to assessors. Imprecise sales ratios are generally in the ball park and computed in such a way as to be consistantly imprecise for all units . Therefor as just one of several factors in aid formulas, they may be a necessary ingredient to provide as uniformly as possible an equitable distribution. However, because sales ratios and coefficient of dispersion measurements are imprecise and were basically developed as tools to determine general trends, they should not be used as precision measurements for penalties or bonuses . E-1 COEFFICIENT OF DISPERSION PENALEY THE AMM URGES THE LEGISLATURE TO REPEAL THE COEFFICIENT OF DISPERSION PENALTY PROVISION. IF THE LEGISLATURE DETERMINES A NEED EXISTS, THE COMMISSIONER OF REVENUE SHOULD BE MANDATED TO ORDER A REASSESSMENT OF I-11 AN AREA BY AN INDEPENDENT ASSESSOR IF THE COEFFICIENT OF DISPERSION INDICATORS FALLS TO SOME LEVEL BELOW NATIONAL STANDARDS OF ACCEPT- ABILITY. THE COSTS OF SUCH REASSESSMENT SHOULD BE BORNE BY THE RESPONSIBLE ASSESSING JURISDICTION. E-2 SALES RATIO EQUALIZATION Whereas, taxing units in the seven-county metropolitan area are subjec (1) to certain area-wide levies and (2) to Fiscal Disparity allocations it is necessary to ensure tax equalization among these various tax units. Therefore, THE LEGISLATURE SHOULD ENACT LEGISLATION WHICH MANDATES AT LEAST A 90% SALES RATIO FOR ALL CITIES WITHIN THE SEVEN-COUNTY METROPOLITAN AREA, THE SALES RATIO SAMPLE TO BE EITHER DONE OR AUDITED BY THE STATE DEPARTMENT OF REVENUE AND REQUIRING THAT THE COMMISSIONER OF REVENUE SHALL MAKE AGGREGATE INCREASES IN THOSE CITIES BELOW 90%. ALL COSTS INCURRED BY THE COMMISSIONER SHALL BE PAID BY THE ASSESSING JURISDICTION. THE SALES RATIO DETERMINATION FOR THESE PURPOSES TO BE MADE ON THE BASIS OF A 12-MONTH PERIOD SAMPLE, BEGINNING NO MORE THADI , 18 MONTHS BEFORE THE ASSESSMENT DATE. FURTHER, THE LEGISLATURE SHOULD DEVELOP LEGISLATION TO ENSURE THAT SALES RATIO STUDIES AND CALCULATIONS CONSIDER ALL FACTORS OF SALES AND BE ACCURATE AS TO ACTUAL SALE PRICE OF PROPERTY. FINALLY, DUE TO INHERENT INACCURACIES IN SALES RATIO DATA AND CALCULATIONS, THE AMM OBJECTS TO SALES RATIO BEING USED AS A BASIS FOR PENALTY OR BONUS OF STATE AID FUNDS. I-F GENERAL FISCAL IMPACT POLICIES F-1 TAX INCREMENT FINANCING Tax increment financing has permitted many cities in various parts of the state to define and carry out rehabilitation , development, housing, and economic development projects on their own initiative. It represents the most feasible and effective legal strategy which is currently available to cities in preserving and improving the physical and economic environment in their communities. THE AMM BELIEVES THAT PRESENTLY NO SUBSTANTIVE CHANGES ARE NECESSARY AND RECOMMENDS THAT NO SUBSTANTIVE CHANGES BE MADE BY THE LEGISLATURE UNTIL THERE HAS BEEN SUFFICIENT EXPERIENCE TO DETERMINE IF CHANGES ARE NEEDED. F-2 FISCAL NOTES Many laws are passed each year by the legislature which have a substantial effect on the financial viability of cities. Some of these, such as revenue and tax measures , have an obvious and direct effect which is often calculated and reported during the hearing process. However, many others , such as worker 's compensation benefit increases, mandated activities, binding arbitration and other labor related legislation , social programs, etc. , are not viewed during the bill process as to the fiscal impact on cities . Due to the current restrictive levy limitation laws, many of these hidden costs are causing severe reductions in the standard services which must be provided by local units . 1-12 THE STATE SHOULD ADOPT A POLICY OF "DELIBERATE RESTRAINT" ON ITS MANDATED PROGRAMS, INCLUDING A MANDATORY FISCAL NOTE IDENTIFYING LOCAL GOVERNMENT COSTS ON ANY NEW MANDATED PROGRAMS WHEN THEY ARE INTRODUCED IN THE LEGISLATURE, AND A STATEMENT OF COMPELLING STATEWIDE INTEREST TO ACCOMPANY ALL STATE MANDATES. F-3 HOTEL/MOTEL/AMUSEMENT TAX Currently five cities in the State of Minnesota under legislative authority existing prior to 1971 levy a 3% use tax on users of hotels , motels, and certain amusement activities. This authority was removed by a 1971 law (Minn . Statues 477A. 01, Subd. 18) prohibiting imposiiton of a new tax on sales and income. However, the AMM believes this authority should be restored to provide a modest non- property source of revenue to all municipalities equally where such activities exist: THE ASSOCAITION URGES THE LEGISLATURE TO PERMIT ALL MUNICIPALITIES BY ORDINANCE TO IMPOSE A HOTEL/MOTEL/AMUSEMENT TAX IN AN AMOUNT NOT TO EXCEED 3%. F-4 ELECTRONIC TRANSFER OF FUNDS Currently Hennepin, Ramsey, and Carver Counties may transfer payments from the county checking accounts directly to the school districts bank account . This eliminates mail or personal delivery delays, does notostthe county any interest loss since money is transferred from savings to checking as soon as a warrant is issued, and does excelerate the local unit ' s earning power on the money by as much as three or four days. In times of current economic stress any method of efficiency which not only saves money but increases local funds should be initiated. Therefore, THE AMM REQUESTS THE LEGISLATURE ENACT LAW ENABLING ELECTRONIC TRANSIT OF FUNDS FROM COUNTY TO CITY IN THE SEVEN COUNTY METROPOLITAN AREA TO PROVIDE EFFICIENT AND COST EFFECTIVE FUND TRANSACTIONS. F-5 INVESTMENT OPTIONS Many state and local governments have improved their cash management and investment practices in order to increase the rate of return on invested public funds . The legislature has from time to time modified state law to allow additional investment options and should continue to modify statutes which inhibit the ability of local governments to benefit from safe and high-yielding investment instrument . THE AMM ENCOURAGES THE LEGISLATURE TO MODIFY MINNESTOA STATUTE 475. 66 . SUB. 3 TO INCLUDE AS INVESTMENT OPTIONS FOR LOCAL UNITS BANKERS ACCEPTANCES OF UNITED STATES BANKS ELIGIBLE FOR PURCHASE BY THE FEDERAL RESERVE SYSTEM, AND COMMERCIAL PAPER ISSUED BY UNITED STATES COPRORATIONS OR THEIR CANADIAN SUBSIDIARIES, WHICH ARE OF HIGH QUALITY AND MATURE IN 270 DAYS OR LESS . ALSO, PERMIT MUNICIPAL UNITS TO REDUCE FIXED INCOME SECURITY INVESTMENT RISK BY HEDGING POSITIONS WITH FINANCIAL FUTURES. I-13 F-6 FEDERAL REVENUE SHARING The Federal General Revenue Sharing program provides vitally needed funds to cities in Minnesota . CONTINUATION OF THIS PROGRAM IS ESSENTIAL FOR FISCAL STABILITY OF OUR COMMUNITIES. In considering legislation to re-enact the program, the Administratior and the congress shoud take account of the fact that although inflation has continued to expand the demands upon hard pressed local budgets, revenue sharing funds have received no significant increase since the inception of the program. RE-ENACTMENT OF THE REVENUE . SHARING LAW SHOULD REMEDY THIS SHORTFALL BY PROVIDING SUFFICIENT FUND: TO RESTORE THE PROGRAM TO ITS 1972 LEVEL AND PROJECT AN APPROPRIATE INFLATIONARY FACTOR FUR FUTURE YEARS OF FUNDING. CONTINUED MULTI-YEAR FUNDING OF THE PROGRAM IS ESSENTIAL TO SOUND FISCAL PLANNING AND MANAGEMENT AT THE LOCAL LEVEL AND SHOULD BE A PART OF THE RE-ENACTMENT LEGISLATION. Congress and the Administration should resist the temptation to use revenue sharing program as a lever to governmental and other reforms at the local level . REVENUE SHARING SHOULD BE A FLEXIBLE, DECENT- RALIZED PROGRAM FREE OF BUREAUCRATIC ENTANGLEMENTS. The dangerous tendency of the imposition of difficult procedural and other require- ments is apparent in the Revenue Sharing Amendments of 1976. Significant questions concerning the continued participation of state government in the revenue sharing program have been raised. An across-the-board answer is not appropriate to this question . State participation might be gauged on a level of fiscal efforts basis. THOSE STATES WITH THE HIGHEST TAX EFFORT SHOULD BE CONTINUED AT FULL FUNDING WHILE THOSE WITH ONLY MINIMAL EFFORT MIGHT BE CONSIDERED FOR A CHANGE IN STATUS. I-14 TENTATIVE AGENDA Energy and Transportation Committee City of Shakopee , Minnesota City Hall Council Chambers Regular Session October 21 , 1982 1 . Roll call at 7 : 30 p.m. 2 . Approval of Minutes of September 30, 1982 3 . Discussion of MTC Transit Subsidy 4. Discussion of MTC Opt Out Program a. DECA assistance with market study b. Direction from Robert Benke , Transit/Paratransit Planner, Minnesota Department of Transportation (MDOT) on Opt Out provisions c . S . Van Pool information 6 . Other business 7 . Adjourn Jeanne Andre Administrative Assistant Note : The DELA Advisor is presenting the Committee ' s request to his students . A notebook on their 1978 project marketing current MTC services will be available at the meeting for Committee members to review. // '?1 Cnif eb f of es ,.erraf e WASHINGTON, D.C. 20510 PIECEED September 23, 1982 OCT 1 1982 John K. Anderson City Administrator CITY OF SHAKOPEE City Of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 Dear John: Thank you fcr contacting my office to share your concerns about changes in federal tax law that would affect industrial development bonds. The new tax bill makes two types of changes in current law. First, several provisions are aimed at increasing public accountability when tax-exempt financing is used for private purposes. These provisions include requirements that all bonds be registered, that a public hearing is held on each bond before it is issued and that each issue be approved by an elected public official. Second, changes were made in the depreciation deduction available for facilities and equipment financed by IDBs. In the Economic Recovery Tax Act of 1981, the Congress allowed very rapid capital recovery for new investments through the so-called ACRS provisions. Under the new bill ACRS tax lives will be available to projects financed with IDBS but on a straight line rather than an accelerated basis. Although this change will increase revenues to the U.S. government, IDBS will continue to be the most attractive form of financing for new investments. Third, certain activities including automobile sales and service, restaurants and recreation and entertainment can no longer be financed with tax-exempt bonds. I played a very active role in designing the industrial development bond provisions in the new tax bill because I know that IDBS are an important development tool for many Minnesota communities. Although I am not entirely pleased with the compromise that emerged, it is much better than many of the proposed reforms that were presented to the Congress by various groups. I am particularly happy to say that we prevented the taxation of these bonds through the alternative minimum tax on individuals as the Finance Committee had originally recommended. The dollar volume of IDBs has and is growing rapidly with important implications for the general obligation bonds of local government. The reforms that are included in this bill are only a first step in putting the municipal bond market back on a sound footing. I hope I can count on your advice and assistance as we continue tc work on this subject. . . - September 23, 1982 Page 2 Thank you again f r s .r 1g your concerns. Since- 1r ,l� rave Durenberger United States Senator DD/jrp RESOLUTION # 247 A RESOLUTION SETTING ELECTRIC RATES FOR THE LIGHTING OF TENNIS COURTS OPERATED BY THE SHAKOPEE COMMUNITY SERVICES WHEREAS, the lighting. on the tennis courts will total a nominal demand of 24 KW, AND WHEREAS, the standard commercial rates require the application of a demand rate to all non-residential services above 15 KW demand, AND WHEREAS, said tennis courts are intended for open use by the public, NOW THEREFORE, be it resolved that the Shakopee Public Utilities Commission will allow the sale of electricity to this service at the Small Commercial Electric rate provided that the operation of these lights is regulated by either a timer or by photocell to limit the usage to off-peak periods. BE IT FURTHER RESOLVED, that this arrangement shall continue until this resolution is repealed. Adopted in regular session of the Shakopee Public Utilities Commission this 4th day of October, 1982. 60# / / i President, Wal Bishop i ATTEST: •--;c2 ` ee ti-64,-17 /3 MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION (Regular Meeting) The Shakopee Public Utilities Commission convened in regular session on September 8, 1982 at 4:30 P.M. in the Utilities meeting room. Commissioner Bishop offered a prayer for divine guidance in the deliberations of the Commission. MEMBERS PRESENT: Commissioners Bishop, Nolting and Kirchmeier. Also Liaison Wampach , Manager Van Hout and Secretary Menden. Superintendent Leaveck was absent. Motion by Nolting, seconded by Kirchmeier that the minutes of the August 9, 1982 regular meeting be approved as kept. Motion carried. BILLS READ: City of Shakopee 20,032.00 A & B Auto Electric 32.50 ABM Equipment 9.04 Auto Central Supply 152.21 Battery Tire and Warehouse 121.95 Burmeister Electric Co. 65.79 City of Shakopee 1,013.89 Julius A Coller II 19.80 Danny's Construction 180.00 ' Dunnings Hardware 2.96 Feed Rite Controls, Inc. 1,169.15 Graybar Electric Co. 1,833.86 H & C Electric Supply 405.00 Hennen's ICO 11.56 Henningson, Durham and Richardson 3 250.44 Krass, Meyer, Kanning CTD 112.50 LaHass Mfg and Sales, Inc. 1,856.62 Lathrop Paint Supply 41.21 Layne Minnesota Company 322.02 Leef Bros. , Inc. 15.50 Minnesota Dept. of Health 197.83 Minnesota Electric Supply Co. 811.20 Motor Parts Service 61.69 Ted Neisen 88.00 Northern States Power Company 575.30 Northern States Power Company 241,430.81 Northern States Power Company 1,279.15 Northwestern Bell Telephone 298.63 Terry Roquette 16.15 St. Regis Paper Company 4,400.00 Serco 56,00 Shakopee OK Hardware 24.16 Shakopee Public Utilities Commission 108.99 Shakopee Services 18.00 Sirek's Hydraulic Service, Inc. 420.73 Starks Cleaning Services 17.30 Commr. of Employee Relations 12.20 Suel Business Equipment 83.29 Louis Van Hout 47.20 Viking Steel Products Co. 21.75 Water Products Company 422.62 Wesco -281.99 Motion by Kirchmeier, seconded by Nolting that the bills be allowed and ordered paid. Motion carried. A letter from Jerome Jaspers regarding the 1982 audit was presented to the Commission. Motion by Nolting, seconded by Kirchmeier to accept the firm of Jerome Jaspers Co. to do the 1982 audit for an amount of $5,600.00 plus $25.00 per hour for any extra work agreed upon. Motion carried. A communication from Steve Clay was given to the Commission regarding the Shakopee Public Utilities Commission stuffing a communication from the Dollars for Scholars Committee in their October bills. Motion by Kirchmeier, seconded by Nolting that the Shakopee Public Utilities Commission allow a communication from the Dollars for Scholars Committee in their next Utility bills. Motion carried. Mr. Ken Adolf was present to discuss the connection charge study. Motion by Nolting,\ seconded by Kirchmeier to receive the water connection charge study from Schoell and Madson and to place it on file for further refinement and latter acceptance with a completion date of January, 1983. Motion carried. Motion by Kirchmeier, seconded by Nolting to accept the Bluff Ave. oversizing payment in the amount of $3,286.67 and $2,142.79 as the monies to be collected. Motion carried. Manager Van Hout brought up for discussion the problems involving Howe Chemical and their water distribution lines. A discussion followed. Motion by Kirchmeier, seconded by Nolting that we proceed with the resolution of this matter. Motion carried. Motion by Nolting, seconded by Kirchmeier that we approve of the draft of the pole use contract between Shakopee Public Utilities Commission and Zylstra United, and that the President and Secretary are authorized to sign it. Motion carried. • The vehicle needs for the coming year were discussed. The consensus was to replace two pickup trucks immediately and to address the remount of a bucket truck in the Spring of 1983. Motion by Nolting, seconded by Kirchmeier that the Shakopee Public Utilities Commission allow the Manager to attend the APPA conference in Phoenix, Arizona during the month of November, 1982. Motion carried. Jerry Wampach gave the liaison report. Barry Kirchmeier asked for a report on cost of PCB equipment replacement. The Manager reported no loss time accidents during the month of August, 1982. There were 5 fire calls during the month of August, 1982 for a total of 1 hour and 45 minutes. TENTATIVE AGENDA ADJ .REG.SESSION SHAKOPEE , MINNESOTA OCTOBER 19 , 1982 Mayor Reinke Presiding 1] Roll Call at 7 :00 P.M. 2] Approval of Minutes of October 5, 1982 3] Communications: a] Wm. Sando, Metro Councilmember re : sludge ash and sludge disposal sites b] Dorothy H. Olson re : Bluff Avenue Sanitary Sewer Improvements c] Harold Ring re : medical discharge 4] Liaison Reports from Councilmembers 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS : 6] Old Business : a] Application for wine license by Capone ' s Food Shops, Inc . , Mn. Valley Mall - tabled 10/5 b] Proposed appeal of Leland Scheller from 81-2 Bluff Avenue Improvement assessments c] rnnsent Agenda Possibilities/Agenda Format Changes - tbld 10/6 7] Planning Commission Recommendations: a] Minor Amendments to Zoning and Subdivision Regulations b] Policy on Waiving Building & Planning Fees - discussion c] Final Plat of Evergreen 1st Addition - Res. No. 2066 8] Resolutions and Ordinances: a] Res. No. 2067 , Denying Amendment Request of Zylstra-United b] Ord. No. 107 , Regulating Parking During Snow Removal Season 91 New Business : a] 7 : 30 P.M. - Discussion on proposed snowmobile regulations (bring 1lg from Oct . 5th agenda) b] 8 :00 P .M. PUBLIC HEARING - Vacation of Ramsey Street lying North of Shakopee Avenue c] 8 : 15 P.M . - Discussion on proposed ordinance regulating noise levels (Ord. No. 108) d] Authorize hiring a police secretary e] Industrial Commercial Commission Visitation Program f] Award bids for improvement of alley in Block 50 - 82-4 g] Award bids for improvements in Timber Trails - 82-5 h] Authorize payment of bills in amount of $579 ,519 . 95 i] CR-83 Widening & Paving - Change Order 2, and partial payment 10] Consent Business: a] Award bid for Salt Structure Materials b] Side Wall Opening in Laurent Building at 1st and Fuller 11] Other Business: •• a] Engineering monthly report b] c] d] 12] Adjourn. John K. Anderson City Administrator .,, OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 5, 1982 Mayor Reinke called the meeting to order at 7:00 P.M. with Cncl. Leroux, Vierling, Lebens, Wampach and Colligan present. Also present were John K. Anderson, City Admr. ; Judith S. Cox, City Clerk; Jeanne Andre, Admin. Ass't and Julius A. Coller, II, City Attorney. Colligan/Wampach moved to recess to conduct an HRA meeting. Motion carried unanimously. Colligan/Lebens moved to re-convene at 7:06 P.M. Motion carried unanimously. Lebens/Wampach moved to approve the minutes of September 7, 1982, September 21, 1982 and September 28, 1982 as kept. Motion carried with Cncl. Vierling abstaining on the September 21, 1982 minutes because of her absence at that meeting. Liaison reports were presented by Councilpersons. Mayor Reinke asked if there was anyone present in the audience who wished to address the Council on any item not on the agenda, and there was no response. Discussion ensued regarding the deferred 1967 Parking Lot Assessments. Cncl. Lebens stated that because collections on the deferred assessments were not used as the Council at that time intended, the deferred assessments should be rebated. Discussion followed. Lebens/Wampach moved to abate the deferred assessments for the 1967 Parking Lots. Discussion followed about possible conflict of interest, and Cncl. Wampach with- drew his second. Cncl. Leroux seconded the motion. Mayor Reinke explained to the audience that this action, if passed, means that anyone under the present Class B classification from the original assessment roll whose property is residential will not have to pay the assessment on the property for the 1967 Parking Lots. If the property has been converted to commercial, the assessments still have to be paid. Roll Call: Ayes; Lebens, Vierling, Leroux, Colligan, Reinke Noes; None Abstain: Wampach Motion carried. Leroux/Vierling moved that the deficit in the 1967 Improvement Fund be covered by transfers from the 1973 and 1973-B Improvement Fund in the 1984 budget. Cncl. Lebens stated she would like this item discussed at length, and felt there was plenty of time to take this action. Lebens/Colligan moved to table the motion to a later date. Motion carried unanimously. Leroux/Lebens moved to authorize City staff to lower the LeRoy Bergstrom service line in clay Street to a depth sufficient to protect it against freezing at a cost of approximately $750.00. The City Admr. stated that it would come out of the sewer fund. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Colligan moved to accept the letter of resignation of Wallace Bishop from Shakopee Public Utilities Commission with regrets. Motion carried with Cncl. Lebens opposed. Leroux/Vierling offered Resolution No. 2065, A Resolution Of Appreciation To Wallace Bishop, and moved its adoption. Mayor Reinke read the resolution. Motion carried unanimously. Mayor Reinke asked if there were any nominations from the floor for the vacancy on the Shakopee Public Utilities Commission. He added there was one nomination carried forward from the beginning of the year, that of Virgil Mears. Mayor Reinke stated he received a call from Jim Cook, who stated he is interested in serving on SPUC. Wampach/Leroux moved to table nominations to the Shakopee Public Utilities Commission for 30 days. Motion carried unanimously. Shakopee City Council October 5, 1982 Page 2 Mr. Baumann addressed the Council, stating he was informed the City was only going to put in a 12 foot alley between Holmes and Fuller Streets, north of 10th Avenue. He stated it was his understanding that at the last Council meeting action was directed to widen the alley the full 16 feet. He also stated he thought the alley should go right down the middle of the right-of-way to take an equal amount on either side, not to move it more on one person's side than the other. The City Engineer stated the alley meanders within the right-of-way. He also said it was not practical to utilize the full 16 feet for the alley. He said City policy is to have alleys 12 feet wide, to allow 2 feet on either side for slope to take grading differences. The City grades only the amount necessary to carry traffic. Mr. Baumann responded that there was a 16 foot alley there before, and he couldn't understand why there can't be a 16 foot alley there now. The City Admr. explained it is the City's policy to grade only 12 feet of the 16 foot alley so the finished alley does not encroach on anyone 's property. He said the City's policy is also to do minimum maintenance on unimproved alleys. Mr. Wally Bishop stated he is Mr. Baumann's neighbor who is encroaching into the alley right-of-way with his garden. He stated he would gladly remove anything that was in the right-of-way. Discussion followed regarding the intent of the previous motion as to the scope of the work of aligning the alley as far as if it was to just take care of these two neighbors' problem, or straighten the entire alley. Mr. Baumann stated he is asking for the entire alley to be straightened, and if it takes a public hearing, petition and assessment, that was fine with him. Mr. Bob Koch, 923 East 8th Avenue, stated he also has an alley complaint. He passed around pictures to the Council of the alley in question, which he stated was in terrible condition. He also stated that 8 feet of the 11 foot alley is on his property. Discussion followed. Vierling/Leroux moved to direct staff to investigate these two alley complaints and to bring back some information so the Council can make some policy decisions regarding how much repair of an alley is maintenance and how much constitutes im- provement to the alley, which necessitates public hearings and assessments. Motion carried unanimously. Leroux/Colligan moved to concur with the Planning Commission that a Temporary Certificate of Occupancy be issued to Independent School District No. 720 for a portable classroom for St. Mark's School to be located at the Northeast corner of the playground lot . The City Planner summarized the background of the request and the Planning Commis- sion's concerns and recommendations. He added that since the Planning Commission meeting he has been informed that St. Mark's Parish Board prefers to place the classroom on the northeast corner of the playground, rather than the northwest corner. He stated that based upon the concerns of the Planning Commission, he felt this change in location would be acceptable to them. Mr. Virgil Mears elaborated on the reasons and need for this classroom and its location. The City Planner added the Planning Commission did notify several neighbors who were present at the meeting, and there were no negative comments from them regard- ing its placement. He stated he would recommend the setback from the alley be waived and it be lined up with the existing building, and the 20 foot setback from the adjacent residence be maintained. Motion carried unanimously. Vierling/Leroux moved to direct staff to send a letter to the Legislature and State Board of Education expressing the City's belief in the inappropriateness of the State Law mandating public schools to service private schools special education but not allowing that to take place at the private school location. Motion carried unanimously. Shakopee City Council Page 3 October 5, 1982 The City Planner stated the City has received from Metro Council a transportation plan setting forth priorities for the transportation system in the metropolitan area. He explained how the Shakopee By-pass and CR18 and CR18 bridge were repre- sented, and asked for comments. Discussion followed. Leroux/Colligan moved to direct staff to reply to the Metro Council to include the CR18 Bridge, CR18 and Shakopee By-Pass in its Transportation Priority Outline. Motion carried unanimously. Colli gan/Leroux moved to direct staff to draw up a position paper stating the City's wishes in regard to CR18 and Shakopee By-Pass to be presented at the Metro Council' s hearing on October 12th, to be attended by staff. Motion carried unanimously. Colligan/Leroux moved to open the public hearing regarding the proposed assessments for Bluff Ave. Sanitary Sewer and Watermain East of Dakota Street. Motion carried unanimously. The City Engineer stated the Feasibility Report found it was feasible to construct sewer and watermain serving the area of Bluff Ave. between Dakota Street and Halo First Add'n. He added the improvements have been constructed at a cost less than estimated in the Feasibility Report. He said there was a change in that the former Joseph Kopp property was removed from the assessment roll because after appraisal it was found to be undevelopable. The City Clerk stated she has received letters from two property owners who intend to appeal their assessments; to wit, Ronald R. Scherer and Leland Scheller. Mayor Reinke asked if there was anyone present in the audience who wished to comment at this time. A couple of property owners asked for and received final assessment figures. Mr. Scheller stated according to City Codes, he cannot build upon his property. He maintained the only possible use for it might be for a park for entrance to the trail system. He stated he would not object to the assessment if the property could be re-zoned for some type of storage building. The City Clerk explained that to protect his interests, he would have to follow up with an appeal within 30 days. He was informed about the procedure for researching alternatives for uses for his property. Colligan/Leroux moved to close the public hearing. Motion carried unanimously. Colligan/Vierling offered Resolution No. 2064, A Resolution Adopting Assessments, Project No. 1981-2 Public Improvement Program, Bluff Avenue Improvements, Dakota Street to the West Line of Halo 1st Addition By Sanitary Sewer and Watermain Im- provements, and moved its adoption. The City Admr. summarized the resolution. Mayor Reinke explained the City's policy of a property owner being required to hook up to the City facilities upon failure of present system or within three years. Clarification was given about what constitutes failure of a well. Mr. Scheller asked about a cast iron pipe already in place from his vacant lot to the interceptor. The City Engineer stated he would have to check the connection and bring him back an answer. Mr. Scheller also asked if there would be any additional cost or penalty to hook up to the City's facilities after 3 years. He was answered there would be no penalty, but that the hook up charges could increase Just because of norma] rate increases over the next three years. Roll Call on Resolution 2064: Ayes; Unanimous Noes; None Motion carried. Leroux/Colligan moved to bring back to Council staff's research regarding Mr. Scheller's pre-existing sewer line connected to the river interceptor. Motion carried unanimously. Cncl. Lebens stated she had been contacted by someone who suggested, like Prior Lake, Shakopee could pile snow in the middle of the street, plowing alongside curbs, as this made it so much easier to get to the residences. Discussion followed, with general consensus being that is not a good idea because of poor visibility at inter- sections, narrow streets and inability to make turns. Discussion was held with the Street Superintendent to clarify the intent of the ordinance regarding on-street parking restrictions during the snow season. ,eroux/Wampach moved to table consideration of Ordinance No. 107 which would amend he current parking restrictions during snow removal and send it back to staff for clarification about hours of restrictions and enforcement. Motion carried unanimously. r Shakopee City Council October 5, 1982 Page 4 Mayor Reinke asked if there was anyone in the audience who wished to comment on the proposed new restrictions for on-street parking for the snow season, and there was no comment. The City Clerk stated that the application for an off-sale liquor license by the Weiss Company is in order, the applicant is present, and he has asked if the Council could give some indication if it is receptive to transferring the liquor license to a location immediately west of it as soon as that building's remodeling is completed. Brad Weiss, President of Weiss Company, Inc. , stated they intend to start an MGM Liquor Warehouse at the old 1 & 44 Liquor location, and it is for that location that a liquor license is being requested. However, he stated the immediate future plans are to add onto and remodel the former Doc Holiday building to create a 13,000 square feet off-sale liquor retail store, to which he would like the liquor license transferred, and then they would move into that facility and empty the former 1 & 44 building. He stated he has no plans whatsoever for on-sale. He added they anticipate the remodeling to be completed in 120 days and cost approxi- mately $400,000. The City Clerk confirmed that the property owner has been in contact with the Building Inspector regarding what needs to be done to the building to have it conform to code. Discussion followed, with general favorable comments being given for a transference of liquor license if events followed what was presented. Leroux/Wampach moved to approve the application and grant an off-sale intoxicating liquor license to the Weiss Company, Inc. , 8576 Trunk Highway 101. Mr. Furrie asked about the City's policy about number and placement of liquor es- tablishments. The City Clerk answered that the only restriction on placement is according to zoning, and there is no limit to the number of liquor licenses issued. Motion carried unanimously. Leroux/Vierling moved to table application for wine license by Capone 's Food Shops. Motion carried unanimously. Leroux/Vierling moved to open the public hearing regarding the 1982 Community De- velopment Block Grant Application. Motion carried unanimously. The Admin. Ass't. summarized the proposed grant application regarding the public improvements. Considerable discussion followed regarding concepts constructing watermain, sanitary sewer, building and vacating streets. The City Admr. emphasized the short time available to submit the application and the lengthly time it takes to receive funding, and stated the City can withdraw the application at any time after submission and before funding without any negative connotation. Clarifica- tion was given regarding all the normal procedures that would have to be under- taken to inform property owners before any streets could be vacated. The Admin. Ass't then went over the activities involved in the housing area, in- cluding rehabilitation programs and the possibilities of acquiring and re-locating or demolishing homes. Discussion followed. Jake Manahan explained the involvement of private developers in the proposed grant application, which includes a multifamily housing development and a restaurant employing about 60 people. Considerable discussion followed regarding different aspects of this proposal. The possibility of using Mortgage Revenue Bonds was also discussed. Since this would be a re-development project, Council agreed that the use of such bonds would be acceptable under the current City policy for housing bonds. No other comments were received from the public. Leroux/Wampach moved to close the public hearing. Motion carried unanimously. Leroux/Wampach moved to authorize staff to prepare and submit a Community Develop- ment Block Grant application for selected activities in an East Second Avenue Redevelopment Project requesting funds for up to $1.2 million dollars and authorize proper City officials to execute appropriate documents. Motion carried unanimously. Wampach/Vierling moved for a five minute recess at 9:58 P.M. Motion carried unanimously. Colligan/Lebens moved to re-convene at 10:05 P.M. Motion carried unanimously. Shakopee City Council October 5, 1982 Page 5 Nancy Zylstra, Vice-President, Zylstra Communications Corp, explained some of the changes that have taken place in the company since the death of Roger Zylstra, and requested an extension of time in which to accept the Cable Ordinance. She also briefly explained why a variance is being sought for the headend site. She stated she would bring back visual aids and more information about the change in headend sites at the public hearing on October 12th. Mr. Jim Abbott stated he will be the new President of Zylstra Communications Corp. but that it is not official now and he cannot legally accept the Cable Ordinance until after the Court hearing next week. The City Attorney confirmed this informa- tion. Mr. Abbott stated that until he has a quorum of voting stock, they need an extension for accepting the Cable Ordinance. Leroux/Lebens moved to extend the deadline for acceptance of the Cable Ordinance and Franchise agreement until October 26, 1982. Motion carried unanimously. Brief discussion followed regarding additional information requested by Council for the public hearing on October 12th when Council will be considering the request of Zylstra-United to move the proposed tower and earth station site from CR 16 in Shakopee to the Chaska school property. Vierling/Lebens offered Resolution No. 2056, A Resolution Initiating the Vacation of the Alley in Block 57, According to the Plat of Shakopee City, Scott County, Minnesota, and moved its adoption. Motion carried unanimously. Leroux/Vierling offered Resolution No. 2059, A Resolution Appointing Judges of Elec- tion and Establishing Compensation, and moved its adoption. Motion carried unanimously. Vierling/Colligan offered Resolution No. 2053, A Resolution Receiving A Report And Calling a Hearing On Improvement of Roadway Serving Lots of Record East of County Road 89 in the Northeast Quarter of Section 13, Township 115 South, Range 22 West, Scott County, Minnesota, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Vierling offered Resolution No. 2060, A Resolution Apportioning Assessments Among New Parcels Created As a Result of the Subdivision of Land(Outlot A, Halo 1st Addition), and moved its adoption. Discussion followed. Motion carried unanimously. Leroux/Colligan offered Resolution No. 2061, A Resolution Apportioning Assessments Among New Parcels Created As a Result of the Subdivision of Land(Parcel No. 27-911026-0 Lying Within 11-115-23), and moved its adoption. Motion carried unanimously. Colligan/Vierling offered Resolution No. 2062, A Resolution Apportioning Assessments Among New Parcels Created As a Result of the Subdivision of Land, (Long View Estates First Addition), and moved its adoption. Motion carried with Cncl. Lebens and Wampach opposed. Leroux/Colligan offered Resolution No. 2045, A Resolution Consenting to the Levy of a Special Tax By the Housinb and Redevelopment Authority In and For the City of Shakopee, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Wampach offered Resolution No. 2058, A Resolution Directing The County Auditor Not to Levy A Tax for Sewage Disposal Plant Bonds of 1961 and G.O. Improve- ment Bonds of 1980, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Wampach moved to direct the City Attorney to draft an amendment to City Code, Sec. 8.30, Snowmobile and All-Terrain Vehicle Traffic Control and Regulations, prohibiting the operation of snowmobiles and all-terrain vehicles except in the designated area south of 13th Avenue extended easterly and CSAH16, and east of Spencer Street and CR17, with property owner's written permission. Motion carried unanimously. Leroux/Vierling moved to set October 19, 1982 at 7:30 P.M. a public hearing to re- ceive public response to the proposed snowmobile regulations. The City Admr. was instructed to mail a copy to the local snowmobile club. Motion cairled unanimously. Leroux/Wampach moved to invite two auditors, George Hanson and Jerome Jaspers and Co. to make a presentation to the City Council to aid in the selection of a City Auditor for 1982. Discussion followed regarding qualifications and fees. Motion failed with all opposed. Shakopee City Council October 5, 1982 d?/ Page 6 Vierling/Wampach moved to authorize the hiring of Jerome Jaspers and Co. for the 1982 audit for the City of Shakopee. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Engineer gave background regarding the flooding problem experienced by Shakopee Valley Publishing. The owner of that business, Mr. George Roberts, had informed the City Engineer that during the construction of the Jr. High School and the detention pond at the south end of the Jr. High playfield has increased the potential for flooding. The City Engineer stated that his records indicate that since the construction of the detention pond the run-off is now 8/10ths of a foot higher. Considerable discussion followed. Several Councilmembers mentioned that Mr. Roberts was well aware of the history and drainage problems of that parcel of property and he built his building too low, so anything that followed was not the City's res- ponsibility. The City Engineer pointed out that the City was the last party to cause a modification of the parcel. The City Attorney stated that if the City caused the problem, it is the City's responsibility. Colligan/Wampach moved to direct City staff to expedite the removal of the dike along the east line of the detention pond at the south end of the Jr. High playfield, to appear before School District No. 720, in order to expedite such removal. Cncl. Vierling asked about the possibility of splitting the costs with the school and Shakopee Valley Publishing. The City Admr. stated he could explore that pos- sibility. Roll Call: Ayes; Wampach, Colligan Noes; Lebens, Vierling, Leroux, Reinke Motion failed. Vierling/Leroux moved to direct staff to approach Mr. Theis for negotiations of a lease for Lion Park land. Motion carried unanimously. Colligan/Vierling moved that bills in the amount of $60,734.62 be allowed and ordered paid. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Lebens moved to table discussion of consent agenda possibilities. Motion carried unanimously. Colligan/Lebens moved the consent business as follows: 1. Direct staff to remove existing yield signs and replace them with stop signs controlling traffic north and southbound at Sommerville Street and Shakopee Avenue. 2. Authorize the hiring of Patchin Appraisals for the Air Products assessment appeal at the rate of $2,000 plus $500 per day Court time. Rola Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Wampach moved to proceed with purchasing a utility vehicle and a one-ton stake truck through Hennepin County Purchasing Cooperative. Motion carried unanimously. Cncl. Leroux initiated discussion of the unspent 1982 Contingency Fund balance being carried over into the 1983 budget, and suggested it be used to lower taxes in some manner instead of having it just go into General Fund with no specifica- tion. He stated a carry-over of $50,000 to $60,000 would increase the General Fund to a level that is over the recommended percentage for a General Fund. The City Admr. suggested waiting until the end of the year to appropriate the money, in case it would still be needed this year. When it has been determined there is money unspent and available, at that time it could be used for something specific. He suggested Council might consider using it for street over-lays, which would reduce expenditures and street maintenance in years to come. Discussion followed with other suggestions for its use being made. Leroux/Colligan moved that the Contingency Fund balance of 1982 be set aside in 1983 to be used for street improvements and over-lay as possible and practical. Consensus was that when preliminary audit figures are presented by the Finance Dept. about March is when the money could be appropriated. Motion carried with Cncl. Lebens opposed. Colligan/Vierling offered Resolution No. 2057, A Resolution Approving 1982 Tax Levy, Collectible in 1983, and moved its adoption. The City Admr. summarized the resolution. Shakopee City Council October 5, 1982 Page 7 Roll Call on Resolution No. 2057: Ayes; Wampach, Vierling, Leroux, Colligan, Reinke Noes; Lebens Motion carried. Leroux/Colligan offered Resolution No. 2063, A Resolution Adopting the 1983 Budget, and moved its adoption. Leroux/Vierling moved to amend the title of General Fund to add "Personnel Supplies and Capital Outlays. Motion to amend carried unanimously. Roll Call on Resolution No. 2063 as Amended: Ayes; Wampach, Vierling, Leroux, Colligan, Reinke Noes; Lebens Motion carried. Leroux/Vierling moved to adjourn to October 12, 1982 at 7:00 P.M. Motion carried unanimously. Meeting adjourned at 11:50 P.M. Judith S. Cox City Clerk Diane S. Beuch Recording Secretary tt 4,y;' Q,'vltajx a. .�> IL. 4 t' M!.' F, C'^.I,,8 a.; 3, , , !,I rJ Square B. riq ON, `� / / Ot Seventh �,,,.,et and Robert Str( ,t *4 \ l it4 OCT 3 2 1932 Saint Paul, Minnesota 55101 D ��� o 7 kd lelepho,,,-,(612)291 6453 ,, ,,. 0 CITY OF'� OPEE ":. ! Office of the Chairman October 7, 1982 Mayor Eldon Reinke City of Shakopee 129 - 1st Avenue East Shakopee, Minnesota 55379 no=r Mayr,r Roink-: As you are aware, the 1980 state Waste Management Act requires the Metropolitan Council to identify six potential sludge ash land disposal sites and to conduct a more extensive environmental review of the sites than has been done to date. Following this review, the Council will designate a site(s) for a sludge ash land disposal. On Sept. 27, the Minnesota Pollution Control Agency (MPCA) said Site 10 (Lakeville-Farmington) and Site 31 (Shakopee) were "intrinsically suitable" for use as sludge ash and sludge disposal sites respectively. Earlier, the MPCA approved Site 4 (Forest Lake Township) , Site 22 (Dahlgren Township) and Site B (Farmington) and disapproved Site 2 (Burns-Oak Grove Township) . The MPCA disapproved Council-recommended Site 15 (Eureka Township) , Site 17 (Sand Creek Township) and Site 18 (Belle Plaine-Helena Township) . This leaves the Council short one site of the required six. Alternative ways to meet the six-site requirement will be discussed at the Council's Physical Development Committee meeting on Oct. 28. If you have further questions about the process or its affect on the City of Shakopee, please call me at 447-2056. Sincerely, i441"f!: _ :;i-- 0' William Sando Metropolitan Councilmember cc: John Anderson, Administrator Dean Colligan, Councilman Dolores Lebens, Councilwoman Jerry Wampach, Councilman Judith Cox, Clerk John Leroux, Councilman Gloria Vierling, Councilwoman Itl/S/ CC: /1111. tot Phone 445-6590 ® Dorothy 's Daily Discovery w N®EL Preschool & Day Care r #$ 1035 Bluff Avenue, Shakopee, Minnesota 55379 A October 11, 1982 Dear Mr. Anderson, It was brought to my attention by my neighbor, Ronald Scherer, that the City Council granted his request that he not be assessed for his City Sanitary Sewer hook-up as he already had it connected previously. As you may know, my preschool and playground adjoins Mr. Scherer's pro- perties on both sides. My sewer connection was also hooked up to the City Sanitary Sewer about four and a half years ago...so it is no longer an im- provement to my property at this time. Therefore I would appreciated your consideration in having the exemption made for Mr. Scherer also be applied to me. On about three occasions, long before October, 1982, I vivedly recall making telephone inquiries and protests to various parties that was referred to through the City Hall, regarding both my sewer connection assessment and being assessed for two fifty-foot lots (for the school and the playground). I didn't understand why I should be assessed for my play- ground of as its property value cannot be increased as a playground. According to Gene Brown it is an unbuildable lot because it is only fifty feet. Also, I was required by law to have this additional playground lot for a Minnesota State licensed preschool....so it can only serve the purpose of remaining a playground for the school. I was discouraged by my telephone responses and led to believe there was not much I could do about either the sewer connection or my double lot assemsinent. That is why I made no further efforts to contact the City Council by letter. However, in view of the exemption made for Mr. Scherer's sewer assess- ment, I would very much apnreciate being given the same consideration by the City Council for my sewer assessment and my playground lot. Thank you for your consideration of these matters. Most sincerely, azL,o,±htt7Q1 . 04-07Z---- Administrator Dorothy's Daily Discovery dho a % Montessori Preschool & Child Care FrTN4:4 OCT 1 41982 CM OF SHAKOPEE �. # • �� TO: Mayor, City of Shakopee City Council John K. Anderson, City Administrator SUBJECT: Medical Discharge of H. J. Ring Shakopee Fire Chief DATE: October 7 , 1982 It is with deep regret that I write this letter but after confer- ring with my doctor and giving it a lot of thought I feel it is best for me and the Fire Department that I take a medical discharge as of November 16 , 1982 . Attached please find a letter from my doctor stating my physical condition. It has been my pleasure to serve the City of Shakopee for the past 26 years . Yours truly, /4,- f/j2 Harold J. Rig Chief Shakopee Fire Department 3 September 23, 1982 FIRE DEPARTMENT - Re: Mr. Harold Ring (Physical Condition) 3360 Marschall Road Shakopee, Minnesota 55379 To Whom It May Concern: I am writing this letter in reguard to Mr. Harold J. Ring as far as his capability to be active on the fire department. At this point in time, because of his back surgery and the problems with his knee seems to initiate problems with leg cramps in his legs. I feel that he is totally disabled from any type of work that he would be required to do as a fire fighter for the Shakopee Fire Department. The only work that he could do would he secretary type work, not involving any physical exertion, strain or stress. I hope this information will be of help to you. Sincerely, Ij �II. Y R. B. Pistulka, M.D. RDP/p km C/ October 7 , 1982 Shakopee Fire Department Shakopee , MN 55379 It is with deep regret that T write this letter, but after conferring with my doctor I find it the best thing to do. My back and leg have not healed the way we had hoped it would and I find myself in pain most of the time , and I do not feel I am doing myself or the Fire Department a just service , so at this time I am requesting a medical discharge from the Fire Department to become effective November 16 , 1982 . This way the Department will have plenty of time to find a replace- ment at the November election. I wish to thank all of you who have helped make this Depart- ment what it is today ( the Best Volunteer Fire Department in the State) . A special thanks to Joe Ries , who for the past year has not only carried the Fire Department but has also carried me without one word of complaint . I wish all of you the best of luck and I hope you only have warm fires . Yours truly, Harold J. Ring Chief Shakopee Fire Department 3 RESOLUTION NO. 2068 A RESOLUTION OF APPRECIATION TO HAROLD RING WHEREAS , Harold (Butch) Ring has served as a member of the Shakopee Volunteer Fire Department since March of 1957 ; and WHEREAS , Butch has also served as First Assistant Fire Chief from 1969 through 1972 and as Fire Chief from 1973 until the present ; and WHEREAS , the Department has made significant improvements in its equipment , manpower and training during Butch ' s tenure as Chief ; and WHEREAS , Butch has served the residents of the City of Shakopee in a prompt , contentious and dedicate manner in responding to numerous emergencies throughout the years of his involvement on the Fire Department . NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SHAKOPEE on behalf of its residents , hereby extends thanks and appreciation to Mr. Harold Ring for his many years of dedicated service on the Shakopee Fire Department . BE IT FURTHER RESOLVED that this resolution shall be published in the Shakopee Valley News . Adopted in session of the City Council of the City of Shakopee , Minnesota, held this day of 1982 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1982 . City Attorney d Cc toher 19, 1982 Dear Council .'Members , Please accept my resignation to the ,Jhakopee Public Utilities Comiission effective November 90, 1982. It is with deep regret that submit this resignation , but due to my retirement , we will be 1i.vina in Apache Junction , Arizona during the winter months. I haverr enjoyed my work with the Commission and I will_ miss it , but I don 't feel it is fair to them to operate with one member short . My thanks to you for gi-ving me this opportunity to serve. Sincerely, H.R. Molting I II J October 19 , 1982 Mr. John K. Anderson City Administrator ' 129 East First Avenue Shakopee , MN 55379 Dear Mr. Anderson: I am a property owner residing at 1900 West 11th Avenue. Eleventh Avenue is partially graded with base . The street does not have a permanent surface . Since the future extension of 11th Avenue has been questioned by the Planning Commission and City Council and is in doubt , I am requesting an interim solution to the problem. My neighbor , Dean Colligan, has agreed to share the cost of paving 11th Avenue so long as the drainage problems are corrected. According to City staff the drainage problems could be solved with the installation of a concrete swale across 11th Avenue at a cost of approximately $2 ,400.00 and paving 11th Avenue would cost approximately $1 ,250.00 if this work was performed under the overlay contract . My neighbor and I favor paying for the paving, but do not believe we should solve the drainage problem. We have both paid lateral storm sewer assessments and the concrete swale serves an area from 12th Avenue and from Van Buren. My neighbor and I request that these improvements be made . Thank you for your consideration of this matter. Leeland M. SifferatWY 625 MEMO TO : John K . Anderson City Administrator FROM : H. R. Spurrier s City Engineer ,i �� RE : Bluff Avenue Improveme'ts Project No. 1981-2 DATE: October 15, 1982 Introduction : Two property owners have questioned City policy and the assessment levied on the above-referenced project. Background: Mr. Leland Scheller questioned and appealed the sanitary sewer assessment, noting a service line had already been stubbed to his property from another sanitary sewer line. Ms. Dorothy Olson questioned why the assessment to the two 50 foot lots occupied by a school and playground should not be treated like the two lots by the home of Mr. Ronald Scherer. The questions raised by Dorothy Olson present three straight-forward alternatives: 1. The assessment on the vacant lot could be deferred so that as the lot was developed, the assessment could then be levied and collected. 2. The assessment on the vacant lot could be abated. 3. The City could no nothing. Pursuant to present City policy, any vacant or undeveloped property is assessed. In this district another 50 foot lot was assessed for sanitary sewer. 1 , too, recall on at least three occasions advising Ms. Olson that pursuant to the policy of the City Council regarding vacant lots, the lot occupied by the house served by the Shakopee interceptor would not be assessed. However, the vacant lot now used as a playground, would be assessed. In her letter, Ms. Olson recalled that both lots would be assessed. Ms. Olson was advised that only one of the two 50 foot lots would be assessed and that was the lot with the playground. The playground equipment was not considered a permanent improvement and therefore, the lot was treated as a vacant undeveloped lot. 6 John K. Anderson October 15, 1982 Bluff Avenue Improvements Page -2- The three alternatives are self-explanatory. Alternate 1 would preserve the assessment in the event the playground would ever develop but would cause numerous administrative problems in preserving the assessment and levying the assessment at the appropriate time. Alternate 2, concludes that the playground is a part of the dwelling and is served by sanitary sewer and should not be assessed. Alternate 3, is a strict interpretation of present City policy and would leave the sanitary sewer assessment to Ms. Olson unaltered. This particular case is somewhat unique in that there is an apparent requirement for open-space (i.e. the playground) and therefore, separates this particular case from some other examples where a single property owner would own a building on one lot and the adjacent lot would be undeveloped. It is, therefore, my recommendation that Council approve Alternate 2, and abate the sanitary sewer assessment for Lots 3 and 4, Block 23, East Shakopee in the amount of $1, 237. 56 and pay that amount out of the Sewer Fund. In the case of Mr. Scheller's existing service. We reviewed our file and reviewed the June 2, 1977 TV inspection report prepared by Solidifcation, Inc. of the Shakopee Interceptor and the report noted only one service was in the vicinity of Lots3 and 4 and no other service existed. We have reviewed the property data file and can find no Plumbing Permits that would identify the location of Mr. Scheller's connection. It would be useful for us to double check this partic- ular service before making any recommendations regarding the disposition of the assessments. It is, therefore, the recommendation of City staff that Mr. Scheller expose the service that exists on Lot 2, Block 17 and that the City conduct a die test on the line to verify whether the service line is connected to the Shakopee Inter- ceptor. Once the die test is conducted, City staff will make recommendations regarding Mr. Scheller's assessment. It should be noted that this recommendation is not staff consensus, but the recommendation of the Engineering Department. The Administrator has additional recommendations that could be considered in this matter. I have also attached a copy of a letter from Don Steger providing an opinion as to whether a 50 foot lot can be developed. Action Requested : Direct City staff to prepare a resolution abating the sanitary sewer assessment for Lots 3 and 4, Block 23, East Shakopee, Parcel No. 27-004115-2 in the amount of $1, 237. 56 funding the short fall out of the Sewer Fund. HRS/jvm Attachments MEMO TO: John K. Anderson City Administrator FROM : Don Steger City Planner RE : Leland Scheller Lot Bluff Avenue DATE : October 8, 1982 Mr. Scheller's lot is zoned R-3, Mid-Density Residential which permits one to four family residences and townhouses, in addition to some miscellaneous other land uses. Although the property may not conform to the City Code's current lot standards (size and width) , it is a lot of record and may, there- fore, be developed. Section 11 .03, Subd. 7F (Pg. 278) of the City Code allows a front setback different from the R 3 requirement of 35 feet. Because adjoining structures are placed closer to Bluff Avenue than the 35 foot requirement, any structure placed on Mr. Scheller's lot could utilize the average prevailing setback of the area. Because of this, both the City Building Inspector and I agree that the property could be developed. Sufficient buildable area exists so that the Floodplain could be avoided. DS/jvm Attachment tion 11. 05 , Subdivision 3. D. Buildings may be excluded from side yard re- quirements if party walls are utilized or if the adjacent build- ings are planned to. be constructed as an integral structure and a conditional use permit is secured. E. Lots which abut on more than one street shall provide the required front yards along every street except for lots platted prior to April 1, 1978 , which shall provide a mini- mum of 30 feet from any street surface when the lot size does not ' make it practic. ble to provide more. Where adjoining structures existing on the ef- fective date o�his Chapter have a different setback from that required, the front setback of a new structure shall conform to the average prevailing setback in the immediate vicinity. The City Administrator shall determine the necessary front yard set- back in such cases. G. In areas served by private wells or private sewage disposal system, the City Administrator may require larger lots than required by the zoning districts if soil tests indicate that a larger lot is necessary to insure the sanitary function of such systems. H . In all di.L.tricts, principal structures shall be IOU feet t of mote ( tom the mean highwater line when the prop- erty abuts a lake or stream and soil absorption sewage disposal system shall be 150 feet from mean highwater mark . No structure, except boat houses, piers and docks, shall be placed at an eleva- tion such that the lowest floor , including basement floors, is less than 3 feet above the highest known water level. p I. ,, No building permit shall_ be issued > o:r.lny loth or arcel `which does not abut a' dedidated 'public street. Subd . 8 . Minimum Usable Floor Area for Dwellings. All newly created dwellings , other than one family detached dwellings, shall contain not less than 400 square feet of usable floor area for each dwelling not having a separate bedroom, 720 square feet for each two bedroom dwelling , and an additional 120 square feet for each bedroom above two bedrooms. Subd . 9 . Essential Services. Essential services and public utilities shall be permitted as authorized and regulated by State law and City Code , it being the intention that such are exempt from the application of this Chapter when located within public easements. Subd . ].0 . Annexed Territory. The zoning of any area annexed to the City , and accompanying Zoning Chapter , shall re- main the same as approved by the governing body with previous jurisdiction over the annexed area and shall remain in force while a study and determination of zoning can be made by the Planning Commission and adopted or modified by the Council. Such study and determination shall be completed within six (6) months after the official date of annexation. All new uses and/or con- 11/ struct ion in t he annexed area shall be by conditional use permit only until the Council has adopted a new zoning for the area. --278- 11 N MO TO: John K. Anderson, City Administrator FROM•I: John H. Pan , City Intern RE: Consent Agenda Possibilities DATE: September 22 , 1982 • Introduction In reference to making Council meetings more efficient , you had requested that I research metro area city councils to see if cities use a consent agenda . Background The results of the survey are as follows : Cities which use a consent .:agenda 11 Cities which do not use a consent agenda 2 Total Surveys 13 Generally all consent agendas include agenda items which are routine or non-controversial in nature. The Council should handle this type of item expeditiously to provide more time for major agenda items . I have constructed a list of agenda topics which were included in consent agendas surveyed: - last meeting' s minutes - Planning Commission items : conditional uses , variances , etc . - final contract hid acceptance - licenses : liquor, pool frU bill payments - appointment • t-il - misc . items which need no discussion - agreements - construction change orders /cD • - ordinances ( such as minor amendments that have been already discussed ) - resolution types : accepting bids & awarding contracts , Tlu.L payment resolutions , improvement projects acceptable to all John, I have included a sample agenda from Brooklyn Center. After looking at many agenda schedules using consent agendas , Brooklyn Center seemed to be a good model the Shakopee City Council might want to follow. From that model I have constructed a similar format . V. Approval of Consent Agenda Any items listed with an asterisk(*) will be considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests . If a request is made to remove the item, the said item will be removed from the consent agenda and considered in normal sequence on the regular agenda. Consent Agenda Possibilities Page Two September 22 , 1982 It is up to City staff to determine what will be included in the consent agenda but it is obviously to the staff ' s and Council ' s advantage to include an many routine items as possible . Staff and Council must consistently agree as to what is placed in the consent agenda. But as a built-in precaution if an item unexpect- edly or unpredictably requires discussion, said item can always be removed from the consent agenda . Alternatives I . Use consent agenda with the items outlined on page one . 2 . lion' t use a consent agenda with the items outlines on page one . Recommendation Implement the use of a consent agenda as previously outlined . Action Requested Direct s':a f co utilize a consent agenta of non-controversial and out ins i e lis whi c;i :,gay include aoorovin !f!inuLes , Planning Commis- sion .:ecomnuencations , accepting bids , approving licenses ( including liquor ) , p�� 4;i-ng i-lis , appoin;.ments , 7 items which need no discussion, agreements , change orderordi antes with minor amend- ments having already been discussed, and resolutions such as p " pi'tt/ acceptance of work on final improvements . JHP/jms CITY COUNCIL AGENDA City of Brooklyn Center March 22, 1982 7:00 p.m. 1. Call to Order 2. Roll Call 3. Invocation 4. Open Forum 5. Approval of Consent Agenda -All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. *6. Approval of Minutes - March 8, 1982 7. Presentation of Award to City Council from Minnesota National Water Ski Team 8. Resolutions: *a. Accepting Bid and Awarding Contract for 1982-B (Projects 1982-02 and 1982-03-Xerxes Avenue/55th Avenue/56th Avenue Reconstruction and Brookdale Center-55th Avenue Entrance Reconstruction) -It is recommended that the Contract be awarded to the low bidder-C. S. McCrossan, Inc. at a total cost of $309,653,80. The Engineer's estimate for this work was $353,024.75. b. Authorizing City Manager to Initiate Negotiations for Purchase of Right- of-Way Required to Develop 69th-70th Avenue Connection in the Evergreen Park Area -Staff will be prepared to report on the informational meeting held at Evergreen School on March 10. Residents of the area have been advised that this matter will be considered by the Council at tonight's meeting. c. Revising Municipal State Aid Streets System Designations within the City of Brooklyn Center -This matter was reviewed in detail at the February 22, 1982 meeting. The prepared resolution includes designation of the 69th-70th Avenue connection in the Evergreen Park area as a municipal state aid street. d. Requesting Hennepin County to Proceed with a "Turnback Project" on 69th Avenue North between Brooklyn Boulevard and Shingle Creek Parkway -Hennepin County has tentatively agreed to construct a 2" bituminous overlay on this section of 69th Avenue in consideration of the City's agreement to assume jurisdiction. This resolution requests Hennepin County to proceed on this basis. 6 C=-- CITY CITY COUNCIL AGENDA -2- March 22, 1982 e. Authorizing City Manager to Initiate Negotiations for Purchase of Right-of-Way Required to Allow Realignment of the 69th Shingle Creek Parkway Intersection -This matter was discussed in detail at the February 22, 1982 meeting. *f. Expressing Recognition of and Appreciation for the Dedicated Public Service of Mr. Richard Hager g. Relating to Hennepin County Municipal Court Case Disposition Reporting Procedures h. Relating to DWI Cases in the City of Brooklyn Center i. Establishing a Policy Relating to the City Prosecutor 9. Planning Commission Items (8:00 p.m.) *a. Application No. 82004 submitted by Brooklyn Development Company for Preliminary R.L.S. approval to resubdivide the land bounded by Spec. 9 on the north, Shingle Creek Parkway on the east, Freeway Boulevard on the south, and Shingle Creek on the west. -The Planning Commission recommended approval of Application No. 82004 at its March 11, 1982 meeting. *b. Application No. 82009 submitted by Lombard Properties for a special use permit for off-site accessory parking on proposed Tract C of the R.L.S. in Application No. 82004 to provide ordinance required parking for development on Tracts A and B of the same R.L.S. -The Planning Commission recommended approval of Application No. 82009 at its March 11, 1982 meeting. c. Application No. 82010 submitted by Robert L. Johnson for preliminary plat approval to subdivide into two lots the land now contained on Lot 1, Block 1, Piccadilly Pond Addition west of Brooklyn Boulevard and north of Shingle Creek. -The Planning Commission recommended approval of Application No. 82010 at its March 11, 1982 meeting. d. Application No. 82011 submitted by Red Lobster for site and building plan approval to construct a 248 seat restaurant on the property located at 7235 Brooklyn Boulevard. -The Planning Commission recommended approval of Application No. 82011 at its March 11, 1982 meeting. e. Application No. 82012 submitted by Red Lobster for special use permit approval for accessory off-site parking on Lot 2, Block 1 of the pro- posed Red Lobster Addition. -The Planning Commission recommended approval of Application No. 82012 at its March 11, 1982 meeting. CITY COUNCIL AGENDA -3- March 22, 1982 f. Application No. 82013 submitted by Keith Boyum for a special use permit to operate a sun tan studio in the Brookdale Office Tower at 2810 County Road 10. -The Planning Commission recommended approval of Application No. 82013 at its March 11, 1982 meeting. 10. Discussion Items: a. Handicap Accessibility Survey b. County Commissioners' Decision on Radio Communication System -The staff will be prepared to report on this item at the meeting. *11. Licenses 12. Adjournment ‘)6L-C- MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Consent Agenda Possibilities/Agenda Format Changes DATE: October 7,, 1982 Introduction The attached memo dated September 22 , 1982 from John Pan was tabled at the October 5 , 1982 meeting at my request so that I could present to Council an example of the agenda format mentioned in John Pan' s memo. Consent Agenda Possibilities I recommend that Council look over the possibilities John listed on page one of his memo; ( 1 ) marking those items you would not like included in our consent business and ( 2 ) contacting me if you want more examples of specific possibilities listed on page one . From the discussion on October 5th, I have already gathered that bill payments should not be included and I have noted that on the memo along with two additional clarifications the Mayor suggested. Agenda Format Please look carefully at the attached sample agenda from Brooklyn Center. The City Clerk and I have discussed this format , the impor- tant elements are the numbered headings , and we feel it would be good because all resolutions , ordinances and staff memos could be grouped together and not split by the current old business , new business format . This is an aid in record keeping because the reso- lutions and ordinances will then be grouped together in the minutes when someone is looking for a past action. The Council , using this format , would vote on the starred consent items and then just skip them as it proceeds through the balance of the agenda items . Any consent item "pulled out for discussion" would then be discussed as Council got to that point in the agenda. Again, this keeps most if not all resolutions and ordinances grouped in one place on the agenda. Consent Agenda Alternatives 1 . Adopt the list of additional items for the consent agenda listed in John Pan' s memo. 2. Modify the list . 3 . Maintain the status quo. Consent Agenda Possibilities/Agenda Format Changes e C/ October 7 , 1982 Page Two Agenda Alternatives 1 . Adopt an agenda format similar to Brooklyn Center ' s . 2 . Modify alternative No. 1 . 3 . Keep the status quo. Recommendation The Council has periodically asked for ways to improve and/or streamline our agendas . Expanding the uses of the consent agenda is the next best thing to eliminating certain types of business from the agenda ; therefore, the more items suggested by John you include the better. You will note that liquor licenses are included in the list . I have discussed liquor licenses with Jack Coller and he stated that the reasons for his recommendation ( it is not a legal requirement ) to vote on licenses individually is based on two points . First , Jack feels that granting a license is a privilege and is important enough for a separate vote . Secondly , Jack feels that if one applicant is pulled out of a consent list for discussion the appli- cant will appear to be "singled out" . Jack said that this was his thinking on it and that the decision was Council ' s . So , even if Council decided to only put beer and wine licenses on the consent agenda it would help. Staff also recommends adopting an agenda format similar to Brooklyn Center ' s . Action Requested 1 . Direct staff to utilize a consent agenda of non-controversial and routine items which may include approving minutes , Planning Commission recommendation, accepting bids , approving licenses (including liquor) , appointments , misc . items which need no discussion, agreements , change orders under 1%, ordinances with minor amendments having already been discussed, and resolu- tions such as partial acceptance of work on final improvements . 2 . Direct staff to prepare the agenda using the Brooklyn Center format for consent items and headings beginning with the November 2 , 1982 agenda. JKA/jms *-SS Get ct,Gam.---VR>NZS (//1-2 iiZ C... �v 41.v\ 14rV‘.: a w1�L�T TcPI� 1�1vx�3ti() 7 3 L0xa 1.) -�s g F---Sb psL LS>`-. Tc4e... - C c-ct erN, ye B,use Y`‘\1\1 F..5 ` LN c. SSE s . tlzy-4 C` - 5Q'� 1 'moo L -TO p« 52-. .S---;a_. N,,j \,-. }-1 i`r = CW... Lei K( : ._ 01-11,...-/ c LPN..- ,;•'41..1 �..—er. N-1-c.v--,S, Ls 4-Q sJ \L\.. '-5 4.a SET Ste;(--c Ate) )) ""-- 5..> J t4cAN,...4) \ / `c3 I\__�_S, 7V...,•a.T-C-.s, u,�� e s 11-3.(i)'—K-- V 'f\-1 .. _, " ?Ln�v.Sc L �o,�.i Tv SJ L` ,c-. . l 2 )3 c, `%s , CITY OF APPLE VALLEY TENTATIVE COUNCIL MEETING AGENDA July 22, 1982 - 7:30 P.M. 1. Call to Order and Pledge. 2. Approval of Agenda. 3. Approval of Consent Agenda.* 4. Minutes of July 8, 1982. 5. Audience Discussion - Items NOT on This Agenda - 10 Minute Total Time Limit. 6. 7:30 P.M. - Public Hearing to Consider Vacating a Pathway Easement Located in Carrollwood Village Fourth Addition. 7. Tax Abatements - Bill Peterson of the Assessor's Office will be Present. 8. Resolution Setting Public Hearing for Industrial Revenue Bonding for Galaxie Park Development Co. in the Amount of $670,000 for Two Buildings for Retail Office and Warehouse Use Located at the Southeast Corner of Galaxie Avenue and County Road 42 on the South side of County Road 42. 9. Consider Ordinance Amending Zoning Ordinance Related to Manufactured Housing. 10. Resolution Awarding Bids for Radio Equipment. 11. Status Report on Pending Bid Award for Project 80-6, Cedar Avenue Utilities (verbal) . 12. Resolution Awarding Bids for Project 81-12, Street Improvements in The Oaks, Timberwick 6th, and a Cedar Avenue Service Drive with Bids being Received the afternoon of July 22. 13. Consider Agreement with Dakota County Related to Maintenance of Trails. 14. Road Construction Funding Review. 15. Authorize Purchase of Easements from the Christus Victor Church in the Amount of $6,000. *16. Change Orders 1 and 2 for Project 81-14(2) , Deep Well No. 10 Pumphouse. *17. Agreement with Dakota County Providing for 911 Backup Dispatching. *18. Final Acceptance and Payment for Project 82-3, the 1982 Street Maintenance Program. *19. Five Transient Merchant Licenses - Scenic Concepts, Street Treats Ice Cream, Ltd. , M & M Distributors, Halvorsen Paints, and Varsity Company. *20. Variance - 5723 139th Street, Storage Shed Size Regulations. *21. Variance - 7378 146th Way, House Setback Regulations. *22. Variance - Required Lot Area in an Agriculture Zone for a House to be Located West of Safari Pass at the Eagan/Apple Valley Border. *23. Waiver of Platting Related to Division of Duplex Lot at 8695-97 135th Street. *24. Variance - 273 Elm Drive, Garage Setback Regulations. *25. Building Permit for Storage Building at Scott Highlands Middle . School. 26. Committee/Commission Vacancies 27. Amendment to Building Use Policy. 28. Other Staff Items. 29. Council Items. 30. Claims and Bills. 31. Adjourn. Reminder: The Council will hold an informal meeting at 7:30 p.m. on July 29, 1982, at City Hall to receive a presentation from the Dakota County HRA on a possible housing program. *Items marked with an asterisk (*) are considered routine and will be enacted with one motion, without discussion, unless a Councilmember or citizen requests the item separately considered in its normal sequence on the agenda. h 4x, •vim ..a .� 11111-71-1t 192 IIII IIII `FI ao OFSHS KOPEE league of minnesota cities August 28, 1982 John Anderson, City Administrator City Hall 129 East First Avenue Shakopee, Minnesota 55379 Dear Mr. Anderson, As we discussed on the phone, this is a much overdue attempt to provide at least partial answers to some of the questions you raised some time ago. I 'm sorry for the delay---three partial explanations for it are(1 ) not being able to find the time to undertake the surveys you requested; (2) being rather uncertain how one would go about researching some of your questions (i .e. ,I wasn't sure where to begin) ; and (3) an assurance by your city clerk that, since Shakopee had just finished renewing its liquor licenses for another year, there was no particular urgency associated with them. Whatever the reason, I 'm sorry for taking so long. As I stated, I still have not undertaken any surveys. However, here is a list of some of the cities which we think may use the consent agenda approach: Minnetonka, Coon Rapids, Blaine, Apple Valley, Eagan, New Hope, Brainerd, Ham Lake, Thief River Falls, North Mankato, New Ulm, Mounds View. I'm certain there are many, many others. We got some of this information from Joyce Twistol , Blaine City Clerk and President of the City Clerks Association. Joyce stated that it might be a good idea for the clerks association to work up some sort of presentation on consent agendas, either for inclusion in their newsletter or possibly at a meeting of city clerks. Thus, it is possible that at some future point, the clerks might have some good information available on the topic. As I write this, it occurs to me that possibly Joe Kroll at the University of Minnesota (373-3685) may have some information on the topic put together, since he coordinates the training and certification programs for city clerks in Minnesota. After your initial inquiry, I attempted to locate some discussion as to whether or not liquor licenses had to be voted on individually as opposed to being placed on a consent agenda. Unfortunately, I was unable to find any discussion of the matter. However, if approval of the licenses is not controversial , I 183 university avenue east, st. paul, minnesota 55101 161 2) 227-5600 can't see the basis for not placing them on the consent agenda. As best I undersand the concept of a consent agenda, anything that is not controversial can be placed on it, including resolutions. If anyone wishes to discuss an item separately, it can always be removed from the consent agenda. Thus, I 'm stumped as to why your city attorney stated that each liquor license should be acted on separately. There could very well be something I just don't know about that he's using as the basis for his statement (possibly some sort of local rule or council regulation?) , and thus I 'm not about to say he is mistaken. I hope this will be of a little help to you. If I can stumble onto anything that would help provide a more adequate answer, I will follow up on it. Sincerely, William Makela Research Analyst 4 G to disrupt the flow of supposed cause/effect futility; and to vigorously seek out and adopt change processes which Can'tenable the officials to be in control instead of being controlled. C Who can make this happen? The answer depends on ., We two groups in the agenda development process: those M who offer items to be included on the agenda, and those e 2 who arrange the agenda in a particular order. By title 1 BeforeMidnight. these actors are the elected officials, the, manager or ; chief administrative officer and the city clerk. What change processes are available? Using the items in the above "futility cycle" provides a beginning 1. ROBERT j. HORGAN sequence for creating a contrasting "productivity cycle." Associate Professor of Political Science Meetings are too long. Set a definite time for the University of Richmond meeting to end. "But I can't do that," you say. Do you f really mean, "I won't." If you mean "won't"then you are doomed to council meetings that continue for as long or as short a time as it takes. Since there is not a set time for ending, the meeting time will expand to do whatever Like the tip of the iceberg, the local government anyone wants to do for as long as they want to do it. public meeting is only a small part of the total public Set a time for ending the meeting such as a morning business. However, like the tip of the iceberg, the local meeting that ends at noon; an afternoon meeting that , government public meeting is the most visible part of the ends at six; or an evening meeting with a specific ad- public's business conducted by local government. journment time. How do we manage this most visible part? Not well Local governments already have experience with by most standards of judgment Meetings are too long. setting time limits. When a major public issue is to be The number of meetings is increasing. There are too discussed the mayor announces at the meeting that one many items on the agenda. Issues keep coming back onto hour will be spent on this issue;each side has a half hour. the agenda. Agenda items are more routine than policy. Similarly, for the "Citizens Information Period," "Public There is a need to have more data on agenda items in Information Time," etc., the council policy says that a order to make a decision. specific amount of time will be allowed for this. So there Fortunately, there are processes for dealing with is precedent for local government officials setting time many of these public meeting problems. In addition, it is limits at public meetings.You can do it also for the whole r also recognized that these problems are interrelated. meeting. { Thus as we begin to deal with one problem's solution, we Too many items on the agenda. There may be too are also starting to deal with the solution to another many items but the real time waster may that each problem. Taking the list of problems their interrelation item is voted on separately. Thus in removing agenda might look like this: items, we also eliminate the voting necessary to dispose of them. Some suggested items for removal are corn- Meetings are too long munications from citizens, reports from boards and BECAUSE THERE ARE commissions and applications for permits. An indication Too many items on the agenda of the impact removing agenda items can have is seen in BECAUSE one community where, after analysis, the local govern More agenda items are routine than policy ment was able to reduce its resolutions to the General AND BECAUSE Assembly from 65/year to a 2/year. As indicated, agenda issues keep coming back onto the agenda analysis is most helpful to identify such items since on BECAUSE any single agenda they do not appear to be of significant 1. Need more data on agenda items in order volume. , oi to make a decision To deal with the "voting on each item" another ( WHICH LEADS TO approach is possible. Agenda items can be grouped undo!' Number of meetings is increasing a "Consent Calendar heading. Now it is possible to BECAUSE approve a major portion of the agenda with one vote. In Meetings are too long addition to the preceding items mentioned, citizen t. appointments and federal and state grant resolutions can The trick is to break into this cycle of helplessness; be grouped. More agenda items are routine than policy. During Reprinted from the January,1977 issue of Virginia Town&City. local election campaigns candidates make statement', 10 Minnesota Cities ;fit about various policy questions that they intend to do something about Atter the election, the new council member discovers that%percent or more of the votes he casts are on routine issues. This is especially true for ordinances which appear on agendas twice, once for 3 introduction and then for the public hearing. One possible change process for reducing the voting activity volume is to identify routine ordinances, group them all ���� ' under the heading "Routine Ordinances" and pass them Rest with one vote. _ Types of ordinances that may be classified as Facilities ; "Routine Ordinances" may include ordinances which are . . }, of an internal administrative nature, (tunds transfer and Iamendments to ordinances/code); ordinances which are Use supplementary to previous ones passed by council, (land . and ordinances which are acceptable to purchase/sale), p t, all parties concerned, (street/alley work). ® Water I . The pay-off in reducedvoting volume for one 2 community would have been from 214 agenda items to 12 agenda items using this grouping process. #4 Issues keep coming back onto the agenda. The } greatest culprit here is the zoning ordinance. While one of the causes may be political or personal, another is the ' ,, lack of adequate information During the public hearing on a zoning change the following types of questions may be raised and no data available at the meeting: a j { •Will the schools be adequate for the additional They look like this year's ' . childreni environmental and water z '; •Will the increased car volume cause traffic ;.'''''!:..4..*: congestion? conservation winner. •Will the increased car volume cause parking problems? •Are the sewer and water lines adequate for in- �fi: creased volume? may, Does the zoning change conform to the Master i ' , ' Plan? 1,:,,,N.,,, f; The march of civilization over the These or similar questions are raised by those af- centuries has been measured against ", `: iected by the zoning change rather than those seeking a single benchmark — the flush toilet. ,"the zoning change Without the answers, council The Romans had flush toilets. But 0 ' ''_ xy, members must postpone the decision or make the the valve-and-siphon arrangement, „,4'il' which made the modern flush toilet ,,,AY{ r ,; vision and hope it all works out. *',-;',Ark, To assure that most, if not all necessary data is possible,was invented by a Londoner, • { 1' bailable for zoning and other type decisions, a standard4., Thomas Crapper, a sanitary engineer • } t"_rheck commend sheet attached to each such ordinance and inventor of such eminence and ` � otiassure that an item will not be on the agenda until it respectability that his firm achieved r las been cleared by all appropriate departments of the four royal warrants, allowing the use x ``,4 t,cal government. in advertising of the magic words "By R •x using change processes such as these, local Appointment to Her Majesty the :',,, ernment officials will be able to conduct thep ublic s Queen." { q� ' `f iness not only with increased efficiency but also with $ greased effectiveness. This story is reprinted from the September i. „ One final word — periodic agenda analysis is 1976 issue of Minnesota Highways, a publication of the Minnesota Department of :-,tsr�ntial to maintaining control how the public's business Transportation.tt is based on an article by few { _l .4�,onducted because the what is constantly changing. Hudson that originally appeared in the Wor- n 4s`er in, • thington Ebbe. g �9. 1977 11 C r�3 CC • PUTTING TRIVIA IN ITS PLACE Is your present agenda cluttered with routine anc recurring items which are mechanically taken up at every meeting? A CONSENT AGENDA is a useful tool for quickly handling routine matters in a single"consent"vote. The ap- proach eliminates unnecessary debate on issues Inhich already have majority support. It works generally like this: • Before a regular meetinn, a list of "cons int" items is prepared and grouped together under one heading on the agend i. A "consent" iters is usually some- thing which . !ready has majority tuppo t from the governing bo ly. • At the meeti ig, the consent items are considered as ONE item repuirinq one motion for approval and one vote. • If anyone wants to discuss a consent item separately, or vote on it as an individual action, th,t item can be separated from the list and consicered with the regu- lar agenda. The rest of the consent agenda would then be adopted with the ONE MOTIO V-ONE VOTE process. The most significant variatic n in consent agendas is who prepares the list. For example: +7.1 In BLOOMINGTON, ILLINOIS, (40,00(1), anc WICHITA, KANSAS, (277,000), the City CIerl- decides what i:ems will appear on the con- sent agenda. In CO )N RAPIDS, MINNESOTA (31,000), the City Manager is in charge of the consent agenda as well as the rest of the Efiri— council agenda. In ill three cities, an ite n can be taken off the con sent list for separate action at the request of a 3ouncilmember. Vit In PHOENIX ARI?ONA, (58; ,000), the Mayor and Vice Mayor decide what items will go on the consent agent a. Any Councilmem- ber ber may request BEFORE the meeting that an item be removed for discussion. If the consent ager da remairs unchallenged, it's adopted without dscussion at the meeting. f Councilmembers in PALM SPRINGS, CALIFC RNIA, (21,000), have an added option in acting on their consent age ida. They may either ; okay the full consent agenda, request removal of any item, OR ab- stain from voting of some items while going along with the rest of the consent agenda, Abstentions are cited in tie minutes. On the average, consent agendas have an/where from 10-25 items per meeting. The time savings have been signi?icant in most cases. For example, a councilman in SANTA MARIA, CALIFORNIA, (33,000), credits the consent agenda wit, slicing meeting time in half, particularly when a large number o? routine items are slated for action. r �3 Cn-�'V'S G to r L a��i 4 epi L2 2z.*--e 90."1.1./l.Q.eQ t7..0 -(-c5,,5 cl-2-(_1 '--1 -L-4-1' C e2"-"a-Q--' _ -„,.eQy. c2 Gi,,,it o_e_e 4_,,, L j mac' , 3ee-",ma--i-4-A-1 -1:4 L�._.o L-' 1a.'tip d�� council cannot issue a contempt citation against Consent agenda. By resolution or its bylaws, a ilany individual whose disorderly conduct disrupts council may establish a consent agenda containing or interferes with the transaction of council routine, non-controversial items needing little or business, no deliberation. The consent agenda is prepared by the clerk or other person responsible for placing Rules of Procedure-Bylaws items on the agenda. By a majority, or higher, vote of the council members present at the meeting City councils are given wide latitude jn estab- the actions proposed on the consent agenda lishing their rules of procedure or bylaws. Once can be approved with one vote. adopted, the rules should be reviewed annually to see if revision is needed. Tips for shortening meetings. In addition to the consent agenda discussed above, the following Many councils have long operated without any suggestions may be considered in a council's efforts set of written rules or regulations. This is de- to hold their meetings down to a reasonable time. finitely not advisable. Written procedural rules (See "Can't We Adjourn Before Midnight,”Minne facilitate the conduct of city business and reduce sota Cities, July, 1977, pp. 10-11.) the risk of mishandling many matters of impor- tance, A closing date for the agenda may be established in the bylaws. For example, all requests for The bylaws usually include, among other things, inclusion of items on the agenda must be received provision for: (1) the place and time of the regular five days before the meeting. This is especially council meetings, (2) the order of business at important if council members are expected to meetings, (3) parliamentary rules governing council review written material before the meeting. An procedures, (4) minutes, and (5) standing and exception could be made in emergency situations special committees and their powers. This listing is by a unanimous vote of the council, for example. not necessarily complete; other provisions are 40 frequently included, (A model set of bylaws is A definite time should be set for adjournment, available from the League.) and this time should be observed, otherwise meetings will continue past that time and council Agendas members will do whatever any one of them wants to do for as long as the council lets it go on. The bylaws should establish an order of business and a process for placing items on an agenda. When a major public issue is to be discussed, the council bylaws, or the council by resolution, may Many councils have found the following order of permit the allotment of a limited, specific amount business convenient, of time for each side to express its views. This may be done for all items on the agenda as well, 1. Call to order and invocation (if any). 2. Minutes of previous meetings. Parliamentary Procedures C' Consent agenda (see below). 4, Presentations of petitions and complaints. The term "parliamentary procedure" is one 5. Reports of officers, council committees which needlessly frightens many people, In and citizen committees. essence, it is merely a system of simple rules which, a. Reports from standing committees. when properly used, make it easier for a group to b. Reports from special committees, transact its business. Like most good things, c. Reports from administrative officers however, parliamentary procedure can be abused. including, in Plan B cities, the mana- The problem, then, is not whether to use parlia- ger. mentary procedure, but rather how to use these 6. Notices and communications, rules to the council's best advantage. 7. Unfinished business. 8. Presentation of claims. Parliamentary rules can be either very simple or O New business (including the introduction very complex. In actuality, the complexity of such of ordinances and resolutions), rules should vary in direct ratio with the size 10 10, Announcements, of the group, i.e., as the number of people in the 11, Adjournment, group increases, the complexity of the rules should - 103 - C— league of minnesota cities 1111 0 300 hanover building. 480 cedar st.,saint paul, minn. 55101 1111 T li information for municipal officials 335a.5 Revised: July, 1981 PROCEDURAL REQUIREMENTS FOR ADOPTION OF STATUTORY CITY ORDINANCES AND RESOLUTIONS - NOTES AND FORMS � 1 I /ala , RESOLUTION NO. 73.E CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA ESTABLISHING PROCEDURES FOR USE OF CONSENT AGENDA WHEREAS , the Council must deliberate many agenda items at its meetings , and WHEREAS, the time available to the Council for such deliberation is severely limited, and WHEREAS, the Council desires to have as much time as possible for the deliberation of major agenda items which involve the establishment of City policy and goals , and WHEREAS, some agenda items are of such a routine , non- controversial nature that they need minimal Council deliberation, a WHEREAS, the Council desires to handle these agenda items as expeditiously as possible in order to provide more time for major agenda items, NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Mounds View hereby directs the Clerk-Administrator to prepare"a consent agenda for each regular Council meeting. The consent agenda shall contain routine , non-controversial items that require Council action but need little or no deliberation. Items such as the following shall be placed on the consent agenda and forwarded to the Council members prior to each regular meeting: personnel actions such as appointment of personnel. appointment of probationary employees to regular status, approval of sick leave advances; routine financial management actions such as bills for approval , transfers of funds , sale of surplus property, approving specifications and setting bid openings ; property actions such as minor subdivisions where no development agreement is involved, resolutions approving reapportionment of assessments ; licenses for approval; trained dog permits; setting any public hearing dates such as for major sub- divisions , rezoning and special use permit requests , Revenue Sharing and budget hearings; receiving reports of such departments as police , fire, dog and finance; miu cell ncous cit._zen requeb-ts such as for street lights , stop or other traffic control :sia.n_s "wk3 `meet uniform traffic control regulations. The following procedures and rules shall govern the use by the Council of the consent agenda. 1 . A motion to approve the consent agenda shall not be debated. 2 . The consent agenda shall be placed on the Council agenda immediately after citizen comments and requests. Resolution No. 125 Page 2 3 . The consent agenda shall only be adopted by a unanimous vote of those Council members present at the meeting. Ori At the request of any individual Council member an item shall be removed from the consentagenda and placed upon the regular agenda for debate. Adopted this 2-`�� day of Nt�t}� 197 ATTEST: (1_43n ) ,% 4 „, Mayor vt '`A, (SEAL) t �' s COI) e-a2IZ Clerk-dministrator I _ ...:t 6. ...t !+ag.R t ....Y J',; _- __._.-_, ..., '�6'�<.s«____,_ - ":.s. .�-�--r-.-__.4..'.:=.a-- --. .�. 4.:.: , MEMO TO: John K. Anderson City Administrator FROM: Don Steger City Planner RE: Ordinance Amendments DATE : October 12, 1982 Introduction : The Planning Commission recommended to the City Council a series of changes (amendments ) to the Zoning Ordinance and Subdivision Regulations. Background : Through working with the City ' s Zoning Ordinance and Subdivision Regulations since their adoption, the Planning Commission and staff have encountered a number of areas within the Codes which should be amended. Some of the suggested amendments constitute the correcting of errors (typos) , while others are simply clarifications. These amendments have been compiled over a period of a number of months so that all the changes could be made simultaneously . Alternatives : 1. Direct the appropriate City staff to prepare an ordinance which would amend the City Code. 2 . Do not direct the appropriate City staff to prepare an ordinance which would amend the City Code. Recommendation: The Planning Commission recommended to the City Council that the amendments be approved. Action Requested : Motion to direct the appropriate City staff (City Attorney ) to prepare an ordinance which would amend the City Code. DS/jvm Attachments ee'ii o v‘ i. :s 410 Subd. 11 . Property Abutting Highways. Along streets designated in the Transportation Plan, the front yard setback for „-,or" all principal structures from planned right-of-way lines shall be in "t,rti„�;P4t 70 feet for major and intermediate arterials , 50 feet for minor arterials an. 1 feet for collectors. Subd. 12 . Planning Commission. The Planning Commission shall provide assistance to the Council and City Administrator in the administration of this Chapter and shall review, hold public hearings on all applications for variances, zoning amendments and conditional use permits using the criteria in Section 11. 04, Sub- divisions 5 , 6 and 7 . Subd. 13 . Density Transfer . The purpose of this Sec- tion of the Zoning Chapter is to provide a method by which par- cels of land in the "R-1 ” District having unusual building char- acteristics due to sub-soil conditions, elevation of water table, relative locations or shape of the parcel may require more unique platting techniques . The owner or owners of any tract of land in the "R-l " District may submit to the Council for approval , a plan for the use and development of such a tract of land as a density transfer by making application for a conditional use permit au- thorizing completion of the project according to the plan. The plan for the proposed project shall conform to all the require- ments of the R-1 District , except as hereinafter modified: A. The tract of land for which a project is pro- posed and a permit requested shall not be less than five (5) acres. B . The application for a conditional use permit shall state precisely the reasons for requesting the considera- tion of the property for density transfer . C. The application for conditional use permit shall include a preliminary plan , and shall be submitted in com- plete conformance with the Subdivision Regulations. D. The number of dwelling units proposed for the entire site shall not exceed the total number permitted under the density control provision for the R-1 District within which the land is located . F. The density in the plan shall not exceed the maximum hu thy' I;-- I Di :;ti it t . Any one ( I ) lot within the R-I District , shall not be reduced to less than two (2) acres of lot area . F. The land which is to be set aside as open space shall be clearly indicated on the plan . Provisions for recreational area and for continual maintenance of that area not dedicated and accepted by the City shall be required. G. No conveyance of property within the develop- ment shall take place until the property is platted in confor- mance with the Subdivision Regulations and MSA 462 . 358 . All by- laws , Homeowner ' s Association Articles of Incorporation, and pro- tective covenants must be approved by the City Attorney and filed with the record plat . 1i . Approval of conditional use permits shall be by the Council atter recommendation by the Planning Commission as -279- ., set out in Section 11 . 04 , Subdivision 6 of this Chapter . I . The land utilized by public utilities , such as easements for major facilities; such as electrical transmission • lines , sewer lines and water mains , where such land is not avail- able to the owner or developer for development because of such easements , shall not be considered as part of the gross acreage in computing the rm ximum number of lots that may be created under the procedure described in this Chapter . •J . The maximum number of lots that may be approved shall be computed by subtracting , from the total gross acreage available for development under this procedure , the actual amount of street right-of - way required and that land in Item I , above , which is not available , and by dividing the remaining area by the minimum lot arca reyuirernents of the R-1 District . Subd . 14 . Rural Service Areas . To safeguard against failing on-site sewage disposal and treatment systems and poten- tial pollution problems arising from intensive soil disposal practices , no DuiIdrng permit shall be issued to proposed land uses which ate programmed to generate greater than 15 , 000 gallons of waste per day , as defined in the City sewage treatment and dis- posal regulations , without connection to the public sewer collec- tion and treatment system. SVC . 11 . 04 . ADMINISTRATION AND ENFORCEMENT. Subd . 1 . Enforcing Officer . This Chapter shall be ad- ministered and enforced by the City Administrator who shall ad- minister and enforce the provisions of this Chapter in accordance with its literal terms and shall not have the power to permit any construction or any use or change of use which does not conform to this Chapter . Subd . 2 . Duties of the City Administrator . The City Administrator or his designated representative shall: A. Determine that all building permits comply with the terms of this Chapter . B . Conduct inspections of buildings and use of land to determine compliance with the terms of this Chapter . ' i C . Maintain permanent and current records of this e7 Lhapter ,, irrcl,ud g , hut not limited to, all maps , amendments , and f°u5.>condit. ional use(Nar iances, appeals and applications therefor . urxwti� - f. Receive , process, and forward all applications r appeals , variances , conditional uses , or other matters to the cM1=r "uses'' designated official bodies . E . Institute in the name of the City any appro- priate actions , 01 proceedings against a violator as provided by law. F . Serve in a staff advisory capacity to the Planning Commission . Subd . 3 . Inspection . All permits issued hereunder shall be subject to reviewal , inspection , and assignment of grade and street numb r by the City Engineer and/or the Building In- c't-i o K. 11. 04 -280- � � following : 7 410 sions with setback noted. (1) Site plan drawn at scale dimen- heights, and square footage. (2) Location of all buildings , spaces. • (3) Curb cuts, driveways , parking • (4) Off-street loading areas. (5) Drainage plan. (6) Type of business, proposed num- ber of employees by shift . indicated and building elevation ), Proposed floor plan with use (8) Sanitary sewer and water plan with estimated use per day, lighting of ,arkinc (9) A lighting plan showing the t larea , walks, security lighting and driveway entranceghlights . ( 10) A landscape plan with a sched- ult of the planting:; . 3 . The Adrninr :;t r atur shall refer the applica- tion to the i'lannrn,a Commission for review and shall post notice . 4 . The Planning Commission shall hold a pub- lic hearing c,r, the proposal .. 411 bepublished in the official news Notlac' rt the public hearing shall least seven ( 7) days p Pedesignated by the Cityat shall also be mailedpolownr eC' �the hearing . Notice of the hearing III feet of the outer boundaries ofothe f rland ttoy lwhich dthetcon it0 uionuse will be applicable . The notice shall include at350 ion se of the land and the proposed conditional use. 5. The agenda of the Planning Commiapplicat son ation shall be placed on the but not later than sixty (60) days after the applicantCamhasis sub- mitted the application . has on the a 6 . The Planning Commission must take action application within sixty (60) days after the ublicing . If it grants the conditional use permit, the PlanninghCom- mission may impose conditions (including time limits consi- ders necessary to protect the public health, safety andtwelfare and such conditions may include a time limit for the use to exist or operate . 7. An amended conditional use permit appli- cation shall be administered in a manner similar to that required for a new conditional use permit. Amended conditional use per- mits shall include requests for changes in conditions, and as otherwise described in this Chapter . 8 . No application for a conditional use per- mit shall be resubmitted for a period of six (6) months fr • the date of said order of denial . 9 . f a limit or uded s a condition bylwhich laeconditional used ler --� ��`T • at a public hearing with �� ibe s in- 9 notice of , permit may - A� �,.a — -� 1 fished at least ten ( 10) daysoarinq pub- a the responsibility l i ty of the Administrator the 1t shall be ,� �Vi -u1 to schedule such public ��4 0hearings and the owner of land having a conditional use permit 1t .ser}im 11. 04 -285- Sula. 69 G9 Cddik "ixte f Q + d re;�e� shall .____� 7 ,�►r�µ ,� be re.,, o pay a fee for saidr � -_..� ing for annual ..4r R, bf a conditional use ' A public hear- GIthe discretion of the Council . permit may be granted at _ s Q fr- Source : Ordinance No. 31, 4th Series � -N Effective Date : 10-25-79 t o , + 10 . All actions b �, final subject to appeal to the Council the Planning Commission are 3- =i i made by any interested party and must be receivetend appeals may be �% y ministrator within seven (7) eived by the City Ad- w d 0-° All decisions bythe Council aresfinal r1e Planning Commission action . ds d "a J h -s• �, Source : Ordinance No. 35 , 4th Series Effective Date : f y -r--70 + 1-31-80 3 t • J -.0 � � i 1 ! • In t he event that the applicant violater; Q � .drN- any of the con�lrt ions ,et for th in this permit, shal nave the author r ty to revoke the conditional ional usetpe Council shall -. ' n' permit. Subd . 7. Amendments . 1(\71_ A .z may be Initiated !, I ;; iti `itic.�n . An amendment to the Zoning Chapter y the Council , Planning Commission or by petition of of reefed property owner . Coning Chdter and y Amendment:; may be considered to the bot text or to the location of therdistricton linesh to Land Use Chapter B. shall be adopted unPublic Hearing. No zoning amendment thereto ta by ning Commission and Council . Ac noticehearing ofathes been time,hepdlace acethe Plan- - posepose of the healing shall he published at least ten (10) days prior to the date of the hearing. Where an amendment involves changes in the (11511 ict boundaries affecting an area of five acres or less, a similar notice shall be mailed at least ten (10) days before the day of the hearing to each owner of affected prop- erty and property situated whollyor P property to which the amendment relates. InwtheiR-n 1 and0 feet of the Dis- tricts , written notice ofng AG owners of record within one-half milero f the shalprl o property ino property or to the property owners nearest the affectedrug question would provide notice to the greatest number of property,rowhichevern The City Administrator shall post notice at thesite owners. action . pending C • Application . The property aplying for zoning amendment shall fill out and submitto theeAdmiinistratorr as rezoning application form. A site plan must be attached or drawn below at a scale large enough for clarity showing the following information : 1 . oparkingand dimensions of: lot, building, driveways , and off-street 2 . Distance 1 j side', and rear lot lines; principaltweenbuilding buildingandaccand front, ild- ings; principal building and principal buildingonadjaacenessorybtulots. sec •! 0 lel, n. 04 -286- (12-1-81 ) Sec:Vi o tri 11. 05' ,h its rc 7 s414 3 —" property within the District shall be exempt as it relates to off-street parking r quirements. C . General. Provisions . 1 . Reduction of Existing Off-Street Space . Off-street parking spaces and loading spaces existing upon the effective date of . this Chapter shall not be reduced in number un- less said number exceeds the requirements set forth herein for a similar new usu . 2 . Expansion of Existing Uses. Expansion of existing t_1:;e: And or structures wi l 1 require the application of the provisions of this Section to both the existing and new uses and/or struetuies . 3 . Floor Space. The term "floor area" for the purpose of calculating the number of off-street parking spa- ces required ;hall be the net usable floor area of the various floors , exclusive of hallways , utility space, storage areas other than warehousing . 4 . Benches in Places of Public Assembly . In stjdiums , churches and other places of public assembly in which patrons or spectators occupy benches , pews or other similar seat- ing facilities , each 22 inches of such seating facility shall be counted as one seat for the purpose of determining required park- ing . 5 . Minimum Size of Parking Spaces. Each parking space shall be not less than 9 feet wide and 20 feet in length exclusive of access drives , and each space shall be served adequately by access drives . 6 . Use of Parking Facilities. Off-street parking facilities accessory to residential use shall be utilized solely for the parking of passenger automobiles , except that for each dwelling unit one truck not in excess of 9 ,000 pounds rated capacity may be parked by the occupant within a structure . Under no circumstances shall parking facilities accessory to residen- tial structures be used for open storage of commercial vehicles nor open air parking of automobiles belonging to the employees , owner , tenant or customers of business or manufacturing estab- lishments. 7 . Locat ion of Psi king Facilities. Required off-street parking in "R" Districts shall be on the same lot as the principal building . 8 . Joint Parking Facilities . Off-street parking facilities for a combination of one or more uses may be provided collectively in any district except the "R-1" and "R-2" Districts , provided the total number of spaces provided shall equal the sum of the separate requirements for each use. 9 . Control of Off-Street Parking Facilities. When required accessory off-street parking facilities are provi- ded elsewhere than on the lot on which the principal use served is located, written authority for using such property for off- 410 street parking shall be filed with the City so as to maintain the required number of off-street parking spaces during the existence of said principal use . No such parking facilities at its closest point shall be located more than 300 feet from the premises. 10 . Use of Parking Area . Required off-street -289- MISIINiar,. .c. 3�,..,....,. _ vh�hxi-C. ° Avt -;rely( w. dee + n lI.a ' s b s 7�. A. No height limit: dependent upon the design of IP the project, the adjacent uses and ability to move traffic safely to and from the silk_._ JB. The following minimum requirements shall be ,‘Bit }o "A observed subject to additional requirements , exceptions, and mod- ifications set forth in other Sections of this Chapter . Minimum Lot Area Per Family Unit (Townhouses) : 4 ,000 sq. ft. Minimum Lot Area Per Family Unit (Multi-Family Structures) : 1 bedroom 2 , 400 sq. ft. 2 bedroom 3 ,000 sq. ft. 3 bedroom 4 , 500 sq. ft. 4 bedroom 6 ,000 sq. ft . Minimum Lot. Width (Multi-Family) : 100 feet Front Yard: 50 feet Side Yard : One-hall height of building or fifteen ( 15) feet whichever is greater . Rear Yard: 40 feet U ighr ise Setback Regulations : The location of a highs ise structure (30 feet or higher ) shall be a minimum of tour (4) tines the height of the structure from the nearest. k-1 , R-2 , or R-3 District line or principal structure. SEC . 11 . 29 . HIGHWAY BUSINESS (B-1) . ID Subd . 1 . Purpose. The purpose of the Highway Business District is to recognize development opportunity and need for commercial establishments fronting on or with immediate access to major highways . Permitted land uses should take advantage of the highway access in a manner which other business districts are not afforded . Also acceptable are quasi-industrial and wholesale en- terprises that do not meet an industrial setting and have consid- erable customer contact. Subd. 2 . Permitted Uses . Within any Highway Business District , no structure or land shall be used except for one or more of the following uses : A. Motels, motor homes , hotels (lot must have 400 square feet per unit) . B. Drive-in retail business . C . Commercial recreation . D. Churches. E . Restaurants , Class I . F. Retail business. G . Liquor stores. H . Essential services. 1 . Otfices and banks. J . Car wash . K . Set vice est abl ishments . L . Auto sales , services and repairs . Vii. Wholesale businesses. -308- 1eQoIt 1 . 31 4 • . . 3 - car Subd. 3. Conditional Uses. Within any Central Busi- } ness District , no structure or land shall be used for the follow- ing uses except by conditional use permit: A N C�,cxO-ZE�, au�usC.KeA, -tom '�recrea A. Commercial eSmusement. 4��n • 13. Wholesale and assem ly operations. C . Restaurant serving liquor . D. ' Bus terminal and taxi stands. E. Multiple dwelling structure. F. Newspaper printing or publishing shops. G. Cultural and fraternal institutions. H . Parking lots. Subd . 4 . Permitted Accessory Uses . Within the Central hus ini':;:; District ict the Following lowing uses shall be permitted accessory uses : A. Private garages, off-street parking . B . Temporary construction buildings . C . Decorative landscape features . D. Any incidental repair or processing necessary to conduct a permitted principal use . Subd. 5 . Lot Area , Height, Lot Width and Yard Require- ments . 411 %etN.laximum building height is 45 feet , conditionaluse if over 45 B . Side and rear setback if abutting residential district : samt' a`; B-2 . SEC. 11 . 32 . LIGHT INDUSTRY (I-1) . Subd. 1 . Purpose. This District shall serve as a transition between more intense industrial sites and residential and/or business land uses. Mixed land uses other than intense manufacturing and processing shall be allowed such as warehousing and office space . Subd. 2 . Permitted Uses. Within any Light Industrial District , no structure or land shall be used except for one or more of the following : A. Warehousing and wholesaling . 13. Offices. C . Public buildings. D. Research laboratories . E. Construction and special trade contractor . F. Essential services. Subd. 3 . Conditional Uses . Within any Light Indus- trial District , no structure or land shall be used for the fol- lowing uses except by conditional use permit : A. Assembly/storage of : 310-2 vr',` ) I 1 . Apparel. 2 . Food products. 3 . Glass. 4 . Leather . 5 . Pottery. 6 . Lumber and wood products. Ske,`/•OO+I 11. 3 9 7 . Paper products. H . Rock and stone products. u o { o 3 9 . Textiles. 0� 10 . Tobacco products. • 11 . Fabrication metal products . 12 . Machinery and appliances. 13 . Transportation equipment. B . Commercial recreation . C . Residential accessory. D. He I i [,ol t. :: , i t Igor I . E. Bus and truck maintenance garages . F. Railroad operations . G. Mining and excavating industries. H . Landscaping service:.: . 1 . Storage of coal , alas, junk , salvage , scrap metal , paper and rags . J . It abutting a State highway: motels and tour- ist accommodations . K . Automotive se► vice station . L. ie ;t and ants and supper clubs. M. Drive-in establishments. F ` N. Open sales or rental lot. AAA 0 > o, st..,cturts ( of 45 4t irk Subd . 4 . Lot Atta , Height , Lot Width and Yard Require- ments . A. The floor area ratio shall not exceed 1 to 1. e.e.. A. brk. It 2a B. Front yard setback : 30 feet . S� b�, C. Lot Width: 100 feet . D. Minimum lot area : With City services: 1 acre. Without City services : 20 acres. 1$. Rear yard setback : 30 feet. 1'. Side yard setback : 15 feet normal . 1 , 50 feet when abutting R District . 1 ') I et_A when abutting street . 3 . 0 feet when abutting railroad . Ckcxu��' .a" -Vo SEC . 11 . 33 . HEAVY INDUSTRIAL ( 1-2) Suhd . 1 . I'nll'ose • The Heavy industry District is whelp' a lull km1p [eIt.nt of 111I',111 5etvlcec exist. such as water , sewer , rail and highway transportation to provide support for in- tense manufactat my and proces; incl operations . Subd . 2 . P. 1 nl i t t ed L' . ��s. Within any Heavy Industrial • District , no st ructu1 ,, or 1 ,Ind :shall be used except for one or uwre 01 the fol lowing 310-3 lam- .2_o11v � 7 � N. Retail sales and displays in front yards when necessary to a permitted principal use carried on in a structure located on the premises but the area so used shall not exceed 15 percent of the floor area of said principal building . Source : Ordinance No. 59 , 4th Series Effective Date : 5-14-81 Suhd . 4 . Lot Area, Height, Lot Width and Yard Require- ments. SEal0 `L A. The floor area ratio shall not exceed 1 to 1 . H. Front yard setback : 30 feet. suint . 4 C. Lot Width : 100 feet . D. Minimum lot area : 1 acre. E. Rear yard setback : 30 feet . F. Side yard setback : 1 . 15 feet normal . 2 . 50 feet when abutting R District. F3 -----. 3 . 15 feet when abutting street. 4u -c „-eA 4 . 0 feet when abutting railroad. S (12-1-81) 310-5 410 SEC . 11 . 40 . PLANNED UNIT DEVELOPMENT. (PUD) . The purpose of this Section of the Zoning Chapter is to provide a method where flexibility of site design and architecture may be applied by placing more than one hailding on a lot in a residential , com- mercial , or indlistri +l district according to the following provi- sions: Suhdd . 1 . Residential District . The purpose of this Section of th.e Zoning Chapter is to establish provisions for the granting of a conditional use permit to erect a multi-building complex or institutional project in relation to an overall de- sign , an integrated physical plan and in accordance with the pro- visions and procedures as provided in this Chapter . The owner or wners of any tract of land within the "R-2 " , "R-3" , and "R-4 " Qg101t1 Il "f0 Ise Districts may request approval for the development and use of .uch a tract of land for a PUD for residential uses as permitted Sa6e1 • oZ ithin the district or for any institutional use permitted within the district in which the land is located by making an applica- tion for a conditional use permit . Subd . 2 . Business District . The purpose of this Sec- tion of the Zoning Chapter is to establish provisions for the granting of conditional use permits to erect a multi-building re- tail sales and service facility in relation to an overall design , and integrated physical plan and in accordance with the provi- sions and procedures as provided in this Chapter . The ow owners of any tract of land within the "B-1" , "B-2" , or o Districts may request approval for the development and use of such a tract as a PUD for commercial or other uses permitted in the district within which- the land is located, by making an ap- plication for a conditional use permit . Sr►hd . 3 . Industrial District . The purpose of this Section of the Zoning Chapter is to establish provisions for the granting of a conditional use permit to erect a multi-building industrial facility in relation to an overall design, an inte- grated physical plan and in accordance with the provisions and procedures as p► ovided in this ChapteI . The owner or owners of any tract of land within an " I " District may request approval for the development and use of such a tract of land for a PUD for in- dustrial or other uses permitted in the district within which the land is located by making an application for a conditional use permit . Suhd . 4 . All other development regulations not speci- fied in this Section or specified as a condition to permit shall apply as regulated in the Zoning District in which the PUD would be located, provided modification by the applicant does not in- volve a change of one or more of the following: 411 A . Violate any provision of this Section of this Lhaptet . 411 percent ( 10% ) . B . Vary the lot area requirement by more than ten C . Involve a reduction of more than ten percent 312- 1 Subd. 19 . Damageto g Water Table . No businesses shall operate in any manner which will cause alterations of the exist- ing water table in the area . it should be the burden of the own- er to show that his operation is not or will not cause any alter- ations to the water table before his operation shall begin. Any •4itt il"( evidence which indicates a lowering of the water tables shall be sufficient to require the shut down of an operation until final 64. a o determination can be made concerning the cause of the water table alterations. Subd . 20 . Buffering Residential Areas Adjacent to Ma- jor Roads. A. No residential use , hospital, nursing home, church , school or day-care center shard, be constructed within a `--> 125 foot buffer strip adjacent to a pr E or 1�n innermediate p< arterial '‘curt" road right-of-way or areas of noise impact estimated to maintain ix) "ctn ambient decibel ratings of 70dBA or greater except by conditional a nu e permit . kA: povor or B. An earth berm or other acceptable barrier technique m.iy he constructed to replace or r;up1)1.ement the bul fer t "or " :,ll ip to abate noise impact adjacent to roadway right-of-way equal to or below the 70 dBA standard if accompanied by the fol- lowing : 1. A plan showing the existing and antici- pated noise levels in dBA that are or will be expected on the site and in the immediate vicinity of the site. 2 . A description of the site plan construc- tion techniques , architectural designs and other measures expec- ted to be taken to reduce ambient noise levels. Such description shall include sufficient plans and other drawings to enable the City to accurately identify the noise reduction measures expected to be taken. C . Prior to approving a conditional use as re- quired by this Chapter , the City shall determine that the noise levels will be successfully reduced to meet the ambient 70dBA standard . Source : Ordinance No. 31, Fourth Series Effective Date : 10-25-79 (Sections 11 . 61 through 11 . 98 , inclusive , reserved lot fu- I ui e xpun:, ion . ) I 313-5 • r st.e.,�- o- K, ) . o ( 411 CHAPTER 12 SUBDIVISION REGULATIONS (PLATTING) • SECTION 12 . 01. PURPOSE AND JURISDICTION. Subd. 1. Purpose. In order to safeguard the best inter- est of the City and to assist the subdivider in harmonizing his in- terests with those of the City at large is order that adherence to same will bring �resultsthishapter beneficialdtotbothn parties . Because each new subdivision becomes a the basic unit structure of the expanding community , andnt unit in to the community will be forced to adhere, and because piecemeal which r la - niny of subdivisions will bring on undesirable , disconnected setan tlement patterns and poor circulation of traffic unless its design and arrangement is correlated to a Comprehensive Plan of the City which aims at a unified scheme of communit vision of land hereafter submitted for approval pr ialetosts , all the la subgi- Commission shall. , in all respects , fully comply withtherenning gula- Lions hereinafter set forth in this Chapter . It is the pthis Chapter to make certain regulations and requirementsurpose for theof platting of land within the City pursuant to the authority con- tained in Minnesota Statutes Annotated ; Chapters 429 , 471, 505 and 566 , which regulations the Council deems necessary for the health , 411 safety and general welfare of this community. Subd . 2 . Jurisdiction . This Chapter shall apply to land within the City and to such land outside as extraterritorial rights are conferred upon the City by statute. Except in case of a resub- division , these regulations shall not apply to any lot or lots j forming a part of subdivision plats recorded in the office of the County Recorder/Register of Deeds of Scott County prior to March 1981 , nor is it intended by these regulations to repeal, ab annul , or in any way impair or interfere with existinginions, s of other laws or City Code provisions except those in conflict with these regulations, or with private restrictions placed upon prop- _ erty by deed , covenant , or other private agreement which are equal to or more restrictive_ covenants running with the land to which the City is a party. Subd. 3. Application. Any plat, hereafter made , for each subdivision or each part thereof lying with the jurisdiction el this Ch,rtitor ,, :,h,, 1. 1. IA, in (•pared , presented Lor approval , arid recorded a:; her ern prescribed . The regulations contained herein shall apply to the subdivision of a lot, tract or parcel of land fr.:%'-" into two or more lots , tracts or other division of land for the !=� ` purpose of sale or of building development , whether immediate or future , including the resubdivision or replatting of land or lots. _�_ r e - • • _ shall be sub- 1\,'le,-so Baa: ' - _ - _ _..... biJisioA ai- iavka 1-Cor re.s\devt#,al uses Ire-o-t•rcofs ao acreS cr tan ,y, i. area av,,d,qi- least 500 ;ea lit, -328- (12-1-81 )O w;di+k s,q\t be, exewlpt -.t1 req,4;rein evtfs of "1-‘63 Cka -tte,r. Ah \v.dkstriaL ckWi coVuwlercig( subdiv'isiovlsr 1- regardtesS c 4I,n) Ir .size Cif- -•v res At tr9efs �icuLI be scibb ♦ a r . seOh I01.0a 31 76t- 2411 6 . "Streets - Collector" - Those that carry traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of residential neighbor- hoods. 27. "Streets - Cul-de-sac" - A minor street with only one outlet and having an appropriate terminal for the safe and conve- nient reversal .Of traffic movement . 28 . "Streets - Local" - Those which are used primarily for access to abutting properties . 29 . "Street - Marginal Access" - An urban street which has an estimated average daily traffic count less than 50 and has wH;,Ah res„I 1-�,kt' no need or possible need of on-street parking . mel -s leas i4h4w 20 ct es rQa nMa less 30 . es s "Street Width" - The shortest distance from lines of rde,.+W p,r lots delineating the street . rnrzel 'cp ��44Iawl�adustr .l 31 . "Subdivision" - A described tract of land which is t ' 4g.Ittm* he or has l �_ n divided into two or more lots or parcels , any of o pose of transfer of ownership or building development or , if a new :;t t ,.(1 is involved , any division of a parcel of land. The term in- cludes resubdivision and , where it is appropriate to context , re- futes either to the process of subdividing or to the land subdi- vided . 41) 32 . "Tangent" - A straight line which is perpendicular to the radius of a curve where a tangent meets a curve. 33 . "U.S .G.S . Datum" - The United States Geodatic Survey Datum ( 1919 adjustment) . 34 . "Vertical Curve" - The parabolic curve connecting lines of different percentages of grade. SEC . 12 . 03 . PROCEDURES . :;uibd . 1 . Procedure. The procedure hereinafter described entails submission of a preliminary plat for conditional approval and a final plat for final approval. Subd . 2 . Pre-application and Sketch Plan Meeting. A. Prior to the submission of any plat for consid- eration to the Planning Commission under the provisions of this Chapter , the subdivider shall prepare a sketch plan and meet with the Planning Commission , or any individual to whom the Commission may delegate this responsibility , to introduce himself as a poten- tial subdivider and learn what shall be expected of him in such capacity. ® B. Such sketch plan shall show: 1 . Tract boundaries . -332- (12-1-81 ) 7b MEMO TO : John K. Anderson City Administrator FROM: Don Steger City Planner RE : Fee Waiver DATE : October 12, 1982 Introduction : The City Council , at the September 21, 1982 meeting, requested the staff to prepare a policy regarding fee waivers (building fees and planning fees) . Background: As noted in Leroy Houser' s attached memo, it becomes difficult to draft a policy which solves more problems than it creates. A blanket fee waiver policy, if adopted, would have to apply across the board to all qualifying organizations. A blanket policy could be detrimental to the City in terms of "eating" large staff time and other expenditures . Also, the legality of waiving certain fees, and thereby spreading the cost to all taxpayers, is unclear. Leroy Houser suggested that if fees are waived, the applicant should pay on an "actual-cost" basis . It should be noted that an applicant may, in fact , pay higher fees in some cases if such a policy is established. If planning fees are waived, the City would still incur publishing and notification costs -- averaging $25 - $30 per case . Again, this cost would then have to be borned by all City taxpayers. No funds for such expenditures have been included in the City budget . Alternatives : 1. Waive Building Permit and Planning fees for all religious organizations . Disadvantages : Many "organizations" would qualify. Legality is unknown 7 John K. Anderson October 12, 1982 Waiving Fees Page -2- 2. Certain organizations ( such as religious) would pay on an "actual-cost" basis. Disadvantage : Total fees may be higher than normal in some cases . 3 . Continue to review each situation individually. Disadvantage : City Council may be perceived as arbitrary . 4 . Do not wiave fees. Disadvantage : May create a financial burden on some organiza- tions (applicants) Action Requested : Discussion to provide Staff with further direction. DS/jvm Attachment MEMO TO : Don Steger/City Planner FROM: LeRoy Houser/Building Official RE : Fee Waiver DATE: October 13, 1982 I am totally opposed to any local legislation waiving building permit fees . The State Code addresses exempted work and defines it as small unimportant work. ( I have attached a copy to this report ) . I think the Council should consider each application for fee waiver on its merits and the prime consideration should be how much staff time is involved. I can see no justification to waive a fee that would involve a considerable amount of staff time . All that is accomplished by this is to switch the direct cost from the affiant to the general public . A good example would be if the Moonies wanted to build a temple in Shakopee, would the City waive the fee because they are a nonprofit religious organization? It would appear based on some of their past actions the Moonies would be entitled to have the fee waived. I know a lot of good Catholic , Lutheran and Methodist tax payers that would object to picking up staff costs to get the program rolling. One alternative should be considered, that is to not waive the fees entirely and charge them for actual staff time involved such as my inspection time, Cora ' s administrative time , the Planner and Engineer' s time . LH:cau Attachment . ril i :?; {.. .I _. 4. jm-r?titi '''Tc ; ;.; ar .: s;:, li•.►si: 4 MEMO TO : John K. Anderson !� City Administrator FROM: Don Steger City Planner RE: Final Plat of Evergreen 1st Addition DATE : October 12, 1982 Introduction : Renden Development Company is requesting Final Plat approval of Evergreen 1st Addition. This subdivision would provide for 24 townhouses within six separate buildings. Background : City Council granted approval of the Preliminary flat in March 1982 subject to a series of conditions. The Planning Commission granted final plat approval on October 7, 1982 subject to the eight conditions listed in the attached staff report . Alternatives : 1. Approve the Final Plat subject to the conditions recommended by the Planning Commission. 2. Approve the final plat subject to different conditions. 3. Do not approve the final plat . Recommendation: Planning Commission recommends approval of the final plat subject to conditions. These conditions are made a part of the resolution adopting the final plat of Evergreen 1st Addition. Action Requested : Adopt Resolution No. 2066, A Resolution Approving The Final Plat Of Evergreen 1st Addition. DS/jvm Attachments =1t5 DATE : October 7 , 1982 CASE: PC 82-5P ITEM: Final Plat - Evergreen 1st Addition APPLICANT: Renden Development Co. (Gary Laurent ) LOCATION: Westward Extension of 13th Avenue ZONING: R-4 Multi-Family Residential AREA : Approximately 2. 9 acres APPLICABLE REGULATIONS : Section 11. 28 ; Section 12 PUBLIC HEARING HELD : March 4 , 1982 CASE HEARD BY PLANNING COMMISSION CASE HEARD BY CITY COUNCIL Proposal : The applicant is requesting final plat approval of a development which would allow 24 townhouses. Considerations : L The Planning Commission and City Council granted preliminary plat approval of Evergreen 1st Addition in March 1982 ( see attachment for conditions of approval) . Variances were also approved at that time which consisted of : 1) 15 foot front yard variances off of 13th Avenue for Block 3 , 4 , 5 and 6; 2) 5 foot rear yard variances for Block 4 , 5 and 6 . 2. The individual lots have been increased in size since preliminary plat approval. This would provide each townhouse owner with slightly more privately-owned land. The townhouse units are still anticipated to be constructed within each lot in such a manner so that no additional variances will be needed. 3. The Shakopee Public Utilities Commission Manager requested that the 20 foot drainage and utility easement on the northern side of Block 2 should extend slightly further westward to meet the easement along the west property line. 4 . The landscaping plan shows lilacs and honeysuckles southwest of Block 4 and northeast of Block 3 . This limited landscaping does not meet the preliminary plat ' s condition of approval . Evergreen trees, planted so as to effectively screen, should be indicated south and southwest of Blocks4 , 5 and 6 . The landscape buffer for Block 3 could consist of lilacs and honey- suckles . 5. Recently submitted plans now distinguish between private and public sanitary sewer laterals serving the proposed buildings. Easements have been provided for the public utilities. The City of Shakopee will not accept 6 inch service lines for maintenance. Evergreen 1st Addition Case No. 82-5P October 7, 1982 Page -2- c" 6. Final utility and street plans have been submitted, in accordance with Engineering Department requirements, and are currently under review. 7. Although each individual lot does riot front directly on the public street, ( 13th Avenue) , the lots do front on common- ownership property which in turn fronts along the street . 8. The remaining conditions of approval of the Preliminary Plat , which needed to be addressed, have been met . 9. Sanitary Sewer Flow Allocation A ';t.('(_M nl, cur'r'ently being vev i owed by the City Engineer. Staff Recommendation : Staff recommends approval of the Final Plat of Evergreen 1st Addition with the following conditions : I. Approval of .i 'Title Opinion by the City Attorney . 2. Execution of a Developer' s Agreement for the construction of the required improvements : a. A sidewalk be installed along the north side of 13th Avenue, b . Street lighting be installed in accordance with the requirements of the SPUC Manager; c . Water system be installed in accordance with the require- ments of the City Engineer; d. Sanitary and storm water sewer system be installed in accordance with the requirements of the City Engineer; e. Street improvements be made in accordance with the requirements of the City Engineer; f. Cash payments be made to the City, at the time of issuance of Building Permits, in lieu of park dedication. 3 . Construction plaits shall be approved pP by and filed with the City Engineer (Section 12. 06 of City Code) prior to recording the plat . 4 . '1'lie 20 foot, drainage :ind utility easement on the northern side of Block 2 should extend slightly further westward to meet the easement along the west property line. 5 . A landscaping plan shall be submitted to and approved by the City Planner, prior to recording the plat , which indicates an Evergreen screening south and southwest of Block 4 , 5 and 6 . The landscaping plan shall also show a planting screening east of Block 3 . Evergreen 1st Addition October Case Go. PC 82-5P 7, 1982 Page -3- 7 c/ 6 . A written ag;recrnent , between' the developer of Evergreen 1st Addition and the owner of property immediately west of this plat, which provides looping of the watermains shall be submitted to and approved by the SPUC Utilities Manager prior to recording o.f the plat . 7. Prior to recording the plat , the developer of Evergreen 1st Addition must secure from the owner of property immediately west of this plat, a drainage agreement recognizing that surface water runoff from this subdivision will enter the land to the west and that the property owner agrees to accept the additional surface water runoff. 8. Prior to recording the plat , an executed copy of the sanitary sewer flow allocation agreement must be filed with the City Engineer. Action Requested : Move to recommend approval of the Final Plat of Evergreen 1st Addition to City Council. , subject to conditions. DS/jvm Attachments : Conditions of Preliminary Plat Approval Landscaping Plan Planning Commission Action Meeting of October 7, 1982 Planning Commission recommended approval of the Final Plat of Evergreen 1st Addition subject to the above-referenced eight conditions. City Council Action c...- .„. • I .,...../ o ____ / - i •n I .. 7 1 . . 4 ,.. , . 20 4 \ I' . 1 0 2, --- - - cp 816.0 / g,t, _ 3 / 1, 1 II i .. I I ... . . . "---- 8),i 70 sZ1 '*t N -"V 817 5 / BITS / 81 7 0 1 x -.1"--..../ I 816.85 04c_, / 411111pr7 I __::_ _ I \0 70 3 ,,,, ...„ x ,.....„, ,.. ...e--- / 1 .4 818 2 2,,, S'e 0 ., 8)(16 06 \ APP 3,{,,) -- 1 I I it 8.'4E, ___ ---- / / . 1 i/815 57 i \ 0 \ ; 25 N il \ / \ 0 , 1 3- 1-1--? / \ .._.__,- A ---- / t AV-ENIIE-------\ 1 ne) \ /1-__ .1\j") ' MI A\ \ 4------ dr,x 63 tri X N......`...... 03 N 66 ,....,x , 5 0/0 rf.:x \ ct, ,.,..__.-. -- ---:_________._ ( ) • f \ i4•7 , , \ . , ..•. • i .. 1 7 a r --/ 4 818f2i / 1 , 1 .0 c. 20 i I I 2 r--s--- 4/0. . , __, ,--"----- I, , • -------- 014 ( — -----____ ig vl 4i Iv. i nal i cc444,J -I-c) 11)e /11-0 y)p ys L4 Cilic cold /tic(c . 2 RESOLUTION NO. 2066 A Resolution Approving The Final Plat Of Evergreen 1st Addition • WHEREAS, the Planning Commission of the City of Shakopee did approve the Final Plat of Evergreen 1st Addition on October 7, 1982 and has recommended its adoption; and WHEREAS, all notices of hearing have been duly sent and posted and all persons appearing at the hearing have been given an opport- unity to be heard thereon; and WHEREAS, the City Council has been fully advised in all things. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the Final Plat of Evergreen 1st Addition, described as follows : Outlot B, Minnesota Valley 4th Addition be, and the same hereby is approved and adopted with the require- ments equire-ments that : 1. Approval of Title Opinion by the City Attorney . 2. Execution of a Developer' s Agreement for the construction of the requirement improvements : a) A sidewalk be installed along the north side of 13th Avenue in accordance with the Design Criteria and Standard Specifications adopted by the City of Shakopee; b) Street lighting be installed in accordance with the Design Criteria and Standard Specifications adopted by the Shakopee Public Utility Commission; c ) WaLei' :;ysLuni buu .1n ;trtl led In accordance with the Design Criteria and Standard Specifications adopted by the Shakopee Public Utility Commission; d ) Sanitary and storm water sewer system be installed in accordance with the Design Criteria and Standard Specifications adopted by the City of Shakopee; e) Street improvements be made in accordance with the Design Criteria and Standard Specifications adopted by the City of Shakopee ; f) Electrical system be installed in accordance with the Design Criteria and Standard Specifica- tions adopted by the Shakopee Public Utility Commission; g) Cash Payments be made to the City , at the time of issuance of Building Permit, in lieu of park dedication. Cr Resolution No. 2066 (Cont . ) 3 . Construction plans shall be approved and filed with the City Engineer prior to recording the plat . 4 . The 20 foot drainage and utility easement on the northern side of Block 2 should extend slightly further westward to meet the easement along the west property line . 5• A landscaping plan shall be submitted to and approved by the City Planner prior to recording the plat, which indicates an Evergreen screening south and southwest of Block 4 , 5 and 6 . The landscaping plan shall also show a planting screening east of Block 3. 6 . A written agreement between the developer of Evergreen 1st Addition and the owner of property immediately west of this plat, which provides looping of the watermain shall be submitted to and approved by the Shakopee Public Utilities Manager prior to recording the plat . 7. Prior to recording the plat , the developer of Ever- green 1st Addition must secure from the owner of property immediately west of this plat, a drainage agreement recognizing that surface water runoff from this subdivision will enter the land to the west and that the property owner agrees to accept the additional surface water runoff. 8. Prior to recording the plat, an executed copy of the sanitary sewer flow allocation agreement must be filed with the City Engineer. BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and the same are hereby authorized and directed to execute said approved plat and Developer' s Agreement . Adopted in session of the City Council of the City of Shakopee this day of 1982. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1982. City Attorney MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Resolution Denying Amendment Request of Zylstra-United DATE: October 13 , 1982 Introduction Pursuant to your request and Council ' s I have prepared the attached resolution denying Zylstra-United' s request to move the tower and earth station site from Shakopee to Chaska. Action Requested Offer Resolution No. 2067 , A Resolution Denying The Request of Zylstra-United to Amend The Cable Franchise Ordinance to Permit Moving the Proposed Tower and Earth Site from Shakopee to Chaska, and move its adoption. JSC/jms • G D � RESOLUTION NO. 2067 A RESOLUTION DENYING THE REQUEST OF ZYLSTRA-UNITED TO AMEND THE CABLE FRANCHISE ORDINANCE TO PERMIT MOVING THE PROPOSED TOWER AND EARTH SITE FROM SHAKOPEE TO CHASKA WHEREAS , on September 7 , 1982 , the Shakopee City Council adopted Ordinance No. 100 which granted a franchise to Zylstra-United Cable Television Company to operate and maintain a cable communication system in the City of Shakopee ; and WHEREAS , Zylstra-United Cable Television Company has requested an amendment to said ordinance to permit the moving of the proposed tower and earth station site from County Road 16 in Shakopee to the Chaska school property; and WHEREAS , a public hearing was held on October 12 , 1982 , in the Council Chambers at City Hall , on the request of ZU and all persons desiring to speak on the request were given an opportunity to do so ; and WHEREAS , after careful consideration the Shakopee City Council has determined that it is in the best interest of the City of Shakopee to deny the request . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the request of Zylstra-United Cable Television Company to amend the cable franchise ordinance to permit the tower and earth station site to be located in Chaska is hereby denied for the following reasons : 1 . The original request for proposals provided for the tower and earth station site to be located in Shakopee and Council wishes to stick with the original proposal . 2 . Council does not desire to change their original philosophy which was to have their own complete cable system. 3 . Council does not believe that the monitary savings from utilizing the Chaska site would be of sufficient benefit to Shakopee subscribers to warrent the change . 4. Should Chaska or Shakopee or even a third party purchase one of the two systems in the future from Zylstra-United, Council is concerned that the Shakopee system would have too little con- trol over the tower and earth station site in Chaska. 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: MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE: Parking During Snow Removal Season DATE : October 14, 1982 Introduction Pursuant to direction by Council Ordinance No. 107 has been rewritten to clarify the hours of restrictions and enforcement , Section III Subd. 2 . As you will recall there were no comments made on the proposed ordinance at the open meeting on October 5th by any Shakopee citizens . Action Requested Offer Ordinance No. 107 , An Ordinance of the City of Shakopee , Minnesota , Amending Shakopee City Code Chapter 9 Entitled "Parking Regulations" by Repealing Subd. 1 of Sec . 9 . 08 Entitled "Parking Hours" and by Repealing Sec . 9 . 50 Entitled "Parking During Street Maintenance or a Weather Emergency" and by Adopting a New Subd. 1 or Sec . 9 . 08 Entitled "Parking Regulations" and by Adopting a New Sec . 9 . 50 Entitled "Parking During Street Maintenance or Snow Plowing or Removal" and by Adopting by Reference Shakopee City Code Chapter 1 and Section 9 . 99 , and move its adoption. JSC/jms ORDINANCE NO. 107 AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING SHAKOPEE CITY CODE CHAPTER 9 ENTITLED "PARKING REGULATIONS" BY REPEALING SUBD. 1 OF SEC. 9 .08 ENTITLED "PARKING HOURS" AND BY REPEALING SEC. 9 . 50 ENTITLED "PARKING DURING STREET MAINTENANCE OR A WEATHER EMERGENCY" AND BY ADOPTING A NEW SUBD. 1 OF SEC. 9 .08 ENTITLED "PARKING REGULATIONS" AND BY ADOPTING A NEW SEC. 9. 50 ENTITLED "PARKING DURING STREET MAINTENANCE OR SNOW PLOWING OR REMOVAL" AND BY ADOPTING BY REFERENCE SHAKOPEE CITY CODE CHAPTER 1 AND SECTION 9 . 99 • THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS : Section 1 . Repeal Subd. 1 of Sec . 9 . 08 and all of Section 9 . 50 are hereby repealed. Section II . Parking Hours Subd. 1 of Sec. 9 . 08 It is unlawful for any person to stop, park or leave standing any vehicle upon any street for a continuous period in excess of 24 hours . Section III . Sec . 9 . 50 Parking during street maintenance and parking between November 15 and April 1 . Subd. 1 . There shall be no parking on any City street , alley or public parking lot when all or any of said street , alley or public parking lot is designated and/or posted for maintenance work by proper City officials or employees . Subd. 2 . Between November 15 and April 1 , inclusive , parking is prohibited on the west and south sides of streets or avenues on add numbered days for the day beginning at 12 :01 a.m. and until 8 : 00 a.m. ; and on the east and north side of streets or avenues on the even numbered days for the day beginning at 12 : 01 a .m. and until 8 :00 a .m. Subd. 3 . Between November 15 and April 1 , inclusive , there shall be no parking on the following streets in the central business district between 2 :00 a.m. and 6 : 00 a.m. , to-wit : Second Avenue , First Avenue and Levee Drive between Sommerville and Fuller Street and Sommerville Street , Lewis Street , Holmes Street and Fuller Street between Second Avenue and Levee Drive. Subd. 4 . No snow shall be removed from private property and sub- sequently deposited on public right of way such as , but not limited to , streets and alleys . Section IV. Exceptions Upon showing of undue hardship in individual cases , the Council may grant modification or exemption from the above upon notifying the City Engineer, the Street Department and the Police Department . Section V. Penalty Provisions Adopted Shakopee City Code Chapter 1. entitled "General Provisions and Defini- tions applicable to the entire City Code including penalty for violations" and Section 9 . 99 entitled "Violations a misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. Section VI . When in Force This Ordinance shall be published once in the official newspaper of the City of Shakopee and shall be in full force and effect on and after the date of said publication. Ordinance No . 107 Page Two Adopted by the City Council of the City of Shakopee , Minnesota , in session held this day of 1982 . Mayor of the City of Shakopee ATTEST: City Clerk Prepared and approved as to form this day of 1982 . City Attorney c/A MEMO TO : John K . Anderson City Administrator ,rte FROM : H. R. Spurrier v City Engineer - RE: Vacation of Ramsey Street - North of Shakopee Avenue DATE : October 18, 1982 Introduction : Public hearing considering the vacation of Ramsey Street north of Shakopee Avenue will be held October 19, 1982 by City Council of the City of Shakopee, Minnesota. Background : Ramsey Street was platted as a part of Scenic Heights 4th Addition. The road was required in order to prevent adjacent property from landlocking a parcel of land easterly of County Road 17 and southerly of the former Chicago, Milwaukee, St. Paul and Pacific Railroad right-of--way. Subsequent construction of County Road 17 provided alternate access to the parcel. The need for Ramsey Street still exists because the City installed a storm sewer system serving Scenic Heights and adjacent subdivisions and the storm sewer runs along the westerly line of the north/south Ramsey right--of-way and then near the northerly line of the east/west Ramsey right-of-way. In a memoranda to the City Clerk, Utility Manager, Lou VanHout, requested utility easement along the north line of the east/west part of Ramsey Street and utility easement along the center of the east/west part of Ramsey Street. After discussing the position of the easements with Utility Manager, Lou VanHout, it is recommended that the City retain a utility and drainage easement along the northerly line of the east/west segment of Ramsey Street, which will contain the storm sewer pipe. Such easement to be a minimum 10 feet each side of the center line of the storm sewer pipe and then a utility and drainage easement along the westerly line of the north/south segment of Ramsey Street which ease- ment must be a minimum 20 feet and contain the existing storm sewer. The extension of Ramsey Street has been considered unfeasible by City staff. The construction is considered not feasible because the present right-of-way is topographically unsuitable for roadway construction because an acceptable road alignment could not be designed for Ramsey Street. John K . Anderson T Ramsey Street Vacation October 18, 1982 Page -2- Staff also investigated the feasibility of a pedestrian way along Ramsey Street and that too, would be unacceptably steep for pedestrian access. The most practical alternative considered was the vacation of Ramsey Street which would put the land back on the tax roles. The recommendation of City staff was that City Council direct staff to prepare a resolution vacating Ramsey Street north of Shakopee Avenue retaining utility and drainage easements along the north line of the east/west segment of Ramsey Street and along the west line of the north/south segment of Ramsey Street. Action Requested : Direct staff to prepare a resolution vacating Ramsey Street north of Shakopee Avenue retaining utility and drainage easements along the north line of the east/ west segment and along the west line of the north/south segment. HRS/jvm • ,t,..err; Cityof —. .� t. Shakopee S1,O P E E POLICE DEPARTMENT ),,<��0NNES07�, r�� i.11 4,\C . :,. � �'r 476 South Gorman Street ��1 ' ''\--`6.-211IL ,__ ,y, SHAKOPEE, MINNESOTA 55379 ` P __- iTel. 445-6666 fix` \ ! 55379 ' * ,9 TO: Mayor , Council Members FROM: Tom Brownell SUBJECT: Noise Elimination/Prevention Code DATE: September 30, 1982 INTRODUCTION Historically complaints have been received from citizens regarding alleged excessive noise levels, particularly in areas with a combination of residential and business es- tablishments. BACKGROUND The existing code, Section 10. 53 Public Nuisance, has been used to regulate offending noise complaints and most of the existing code is incorporated in the recommended code. When attempting to regulate noise , I believe it is im- portant to be impartial and consistent which can be achieved by establishing reasonable limits within the various land use districts. The proposed ordinance has been used by the City of Bloomington and recommended by the League of Minnesota Cities. During the past two months the department has followed the proposed code using monitoring equipment authorized by the Council on June 16, 1982 and have not encountered problems of an operational nature. The proposed code will not solve all noise problems in areas of differing land uses with a common border, however it greatly exceeds personal opinion. The proposed code has been reviewed by the City Attorney. RECOMMENDATION Adopt a new City Code Section 10 . 60 entitled Noise Elimina- tion and Noise Prevention. 10 GSe¢ve �0 IPTCAECE IC, - 2 - COUNCIL ACTION REQUESTED Adopt a new City Code Section 10. 60 entitled Noise Elimina- tion and Noise Prevention. 9G ORDINANCE NO. 108 Fourth Series AN ORDINANCE OF THE CITY OF SHAKOPEE AMENDING SHAKOPEE CITY CODE BY ADOPTING A NEW SECTION 10.60 ENTITLED "NOISE ELIMINATION AND NOISE PREVENTION" AND BY ADOPTING BY REFERENCE CITY CODE, CHAPTER 1 AND PROVIDING FOR THE PENALTIES OF THE VIOLATION OF SAID ORDINANCE THE CITY COUNCIL CF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS: SECTION I: A new Section 10.60 as herein setout and entitled "Noise Elimination and Noise Prevention" is hereby adopted as follows: Subd 1. Definitions A. GENERAL.Words and phrases defined in this section have, when used in this ordinance, the meanings given below. Any other word or phrase used in this ordinance, and defined in regulations of the Minnesota Pollution Control Section, NPC-1 and NPC-4, Las the meaning given in those regulations. B. AIR CIRCULATION DEVICE mean a mechanism designed and used for the controlled flow of air used in ventilation, cooling,or conditioning, including, but not limited to, central and window air ror,4+itioning units, C. L10 means the sound level, expressed in decibels (dBA) which is exceeded 10 percent of the time for a one-hour period, as measured by a sound level meter having characteristics as specified in the latest standards, S1.4, of the American National Standards Institute and using test procedures approved by the (noise control officer). D. L50 means the ound levelsimilarly expressed and measured which is exceeded 50 percent of the time for a one--hon- pert d. E. PERSON Means an individual, firm, partnership, corporation, trustee, association, the state and its agencies and subdivisions, or any body of persons whether incorporated or not. 'with r.esi.cct to acts prohibited or required herein, "person" shall include employees and licensees. Subd 2. Noises Prohibited A. General Prohibition. No person shall make or cause to be made any dis- tinctly and loudly audible noise that unreasonably annoys, disturbs, injures, or endangers the comfort, repose, health, peac_j, safety, or welfare of any persons or precludes their enjoyment of property or affects their property's value: This general prohibition is not limited by the specific restrictions of the following subdivisions. preeee ..,5y,. ae „ #" , Y t`�+ .v�A 07' 76/ B. MOTOR VEHICLES. No person shall operate a motor vehicle in the city in violation of the motor vehicle noise ?i.miyes of the Minnes t_a Pollution Control Agency. C. HORNS, AUDIPLE SIGNALING DEVICES, ETC. No person shallsound any :signaling device on any vehicle except as a warning of danger. (M.S. 169.68) . D. EXHAUST. No person shall discharge the exhaust, or permit the discharge , of the exhaust of any : , sea's engine, stationary internal combustion engine, motor boat, motor vehicle, or snowmobile except through a muffler or other device than effectively prevents lound or explosive noises therefrom and complies with all applicable state laws and regulations. E. DEFECTIVE VEHICLES OR LOADS. No person shall use any vehicle so out of repair or so loaded as to create loud and unnecessary grating, grinding, rattling, or other noise. F. LOADING, UNLOADING, UNPACKING. No person shall create loud ani excessive noise In loading, unloading, or unpacking any vehicle. G. RADIOS, PHONOGRAPHS, PAGING SYSTEMS, ETC. No person shall use or operate or permit the use or operation of any radio receiving set, musical instrument, phonograph, paging system, machine, or other device for the production or reproduction of sound in a distinctly and loudly audible manner as to disturb the peace, quiet, and comfort of any person nearby. Operation of any such set, instrument, phonograph, machine or other device between the hours of 10:00 P.M. and 7:00 A.M. in such a manner as to be plainly audible at the property line of the structure or building in which it is located, in the hallway or apartment adjacent, or at a distance of 50 feet if the source is located outside a structure or building shall be prima facie evidence of a violation of this section. H. PARTIC PATIO\ II wITSY PAT1_TFc OR rA7I12INGS. No parson shall nertic_ipate in any party or other gathering of people giving rise to noise, disturbing the peace, quiet, or repose of another person. When a police officer determiner that a gathering is creating such a noun disturbance, the officer may order all ner.sons preeent, other than the owner or tenant of the premises where the disturbance is occurring, to disperse immediately. No person shall refuse to leave after being ordered by a police officer to do so. Every owner or tenant of such premises who has knowledge of the disturbance shall make every reasonable effort to see that the disturbance is stopped. 2 I. LOUDSPEAKERS, AMPLIFIERS FOR ADVERTISING, ETC. No person shall operate or permit the use or operation of any loudspeaker, sound amplifier, or other device for the production or reproduction of sound on a street or other public place for the purpose of commercial advertising or attracting the attention of the public to any commercial establishment or vehicle. J. ANIMALS. No person shall keep any animal that distuttbs the comfort or repose of persons in the vicinity by its frequent or continued noise. K. SCHOOLS, CHURCHES, HOSPITALS, ETC. No person shall create any excessive noise on a street, alley or public grounds adjacent to any school, institution of learning, church or hospital when the noise unreasonably interferes with the working of the institution or disturbs or unduly annoys itsoccupants or residents and when conspicuous signs indicate the presence of such institution. Subd 3. HOURLY RESTRICTION ON CERTAIN OPERATIONS. A. RECREATION VEHICLES. No persona shall , between the hours of ll:oo P.M. and 7:00 A.M. , drive .,r operate any min its .„.•, snoar,abile, or other recreational '3ehicle not licensed for travel on public highways. B. DOMESTIC POWER EQUIPMENT. No persona shall operate a power lawn mower, power hedge clipper, chain saw, mulcher, garden tiller, edger, drill or other similar domestic power maintenance equipment except between the hours of 7:O0- A.M. and 10:00 P.M. on any weekday or between the hours of 9:00 A.M. and 9:00 P.M. on any weekend or holiday. Snow removal equipment is exempt from this provision. C. REFUSE HAULING. No person shall collect or remove garbage or refuse in any residential district except between the hours of 7:00 A.M. and 10:00 P.M. on any weekday or between the hours of 9:00 A.M. and 9:00 P.M. on any weekend or holiday. D. CONSTRUCTION ACTIVITIES. No person shall engage in or permit construction activities invol.vinr, the use of any kind of electric, diesel, or gas-powered machine or other power equipment except between the hours of 7:00 A.M. and 10:00 P.M. on any weekday or between the hours of 9:00 A.M. and 9:00 P.M. on any weekend or holiday. Subd. 4. RECEIVING LAND USE STAIN ARDS A. MAXIMUM NOISELEVELS BY RECEIVING LAND USE DISTRICTS. No person shall operate or cause or permit to be operated any source of noise in such a manner as to create a noise level exceeding she limit set in Table 1 for the receiving land use category specified when measured at or within the property line of the receiving land use. - 3 - TABLE 1. SOUND LEVELS BY RECEIVING LAND USE DISTRICTS DAY NIGHT (7:00 a.m. -10:00 p.m.) (10:00 p.m. - 7:00 a.m.) Land Use Districts L10 L50 L10 L50 Restlenti.al 65 60 55 50 Commercial cial 70 65 70 65 Industrial 80 75 80 75 The limits of the most restrictive district 9ha1l apply at the boundaries between different land use r ;tci:,ori.es. The determination of land use shall be by its zoned designation. B. EXEMPTIONS. The Levels pre c r i rye„ in A. do not apply to noise originating on public «tre'.ets and alle7s but such noi.rae shall be subiect to ot.l)er applicable sections of this ord h,amc.". Subd .i. AI%. C Pt;'l`iAT1ONJ DEVIC7,. No person sh=11 rotmanect.l.y in .tali or place any air circulation device, except a window air conditioning unit, in any outdoor location until the (noise control officer) determines that the device in that location will comply with the noise level standards prescribed in Subd 4 - A. Subd 6. EXCEPTION FOR EMERGENCY WORK. Noise created exclusively in the per- formance of emergency work to perserve the public health, safety, or welfare, or in the performance of emergency work necessary to restore a public service or eliminate a public hazard shall be exempt from the provisions of this ordinance for a period not of exceed 24 hours after the work is commenced. Persons responsible for such work shall inform the (noise control officer) of the need to initiate such work or, if the work is commenced during non--business hours of the city, at the beginning of business hours of the first business day thereafter. Any person responsible for such emergency work shall take all reasonable actions to minimize the amount of noise. Subd. 7. POWERS AND DUTIES OF (NOISE CONTROL OFFICER) . A. ADMINISTERING OFFICER. The noise control program established by this ordinance shall be administered by the noise control officer. Until otherwise provided by ordinance, the Chief of Police or his designee shall serve as the noise control officer. Subd 8: ENFORCEMENT. A. ENFORCEMENT DUTIES. The police department or building inspector, whenever applicable shall enforce the provisions of this ordinance. The police department - 4 - or its members may inspect private premises other than private residences and shall make all reasonatle efforts to prevent violations of this ordinance. Subd 9. TESTING PROCEDURES. The (noise control officer) shall adopt guidelines establishing the test procedures and instrumentation to be used in enforcing the provisions of Subd.4 - A imposing noise standards. A copy of such guidelines shall be kept on file in the office of the (noise control officer) and shall be available to the public for reference during office hours. Subd. 10. OTHER POWERS AND DUTIES. The (noise control officer) shall exercise such other powers and perform such other duties as are reasonable and necessary to enforce this ordinance. Subd 11. ENFORCEMENT A. NOTICE OF CERTAI: t l.OL,T` Uher: the (noise control officer) determines that a noise exceeus )1: Avel ,:err:i t.t.ed under Subd .i -- R. he or she shall give written notice of the viol t; u t., the owner or occupant of the premises where the noise originates and order such person to correct or remove each specified violation within such reasonable time as is prescribed in the notice. The failure to remove or correct any such violation within the Lime so prescribed constitutes a violation of this ordinance. B. PENALTY::,;. Any violation of this ordiva ice involving:; the operation of a motor vehicle is a petty misdemeanor and, upon conviction, the violator shall be punished by a fine of not to exceed $100.00, plus the costs of prosecution. Every person who violates any other provision of this ordinance is guilty of a misdemeanor and shall, upon conviction, be subject to a fine of not more than $500.00 plus the costs of prosecution. Each act of violation and each day a violation occurs or continues constitutes a separate offense. SECTION II: SEVERABILITY. If any provision of this ordinance or the application of any provision to a part- icular situation is held to be invalid by a court of competent jurisdiction, the remaining portions of the ordinance and the application of the ordinance to any other situation shall not be invalidated. SECTION III: Adopted by Reference General provisions and definitions applicable to the entire City Code including the penalty provision of Chapter 1 are hereby adopted in their entirety by reference - 5 - , 1G as though repeated verbatim herein. SECTION IV: When in force After the adoption, signing and attestation of this ordinance it shall be published once in the official newspaper of the City of Shakopee and shall be in full force and effect on and after the date following such publication. Adopted in session of the City Council of the City of Shakopee, Minnesota :,eld this day of , 1.)32. 'tayor of the City of Shakopee ATTEST: �.—City Clerk Prepared and approved as to form this 8th day of July, 1982. Julius A. Caller, II City Attorney gc/ `,' •0 • , \ City of Shakopee n p KO POLICE DEPARTMENT • �.5���N E S O��f K�( ( � Q��i �. .r 476 South Gorman Street SHAKOPEE, MINNESOTA 55379 ‘ .,i Tel. 445-6666 . ~~ O t t \\C55379 TO: Mayor, Council Members FROM: Tom Brownell , Chief of Police SUBJECT: Authorization to hire clerical employee DATE: October 15 , 1982 INTRODUCTION The resignation of Diane Heinz and the promotion of Pat Mohrbacher created a vacant position (Secretary-Clerical level III) . Council authroized the department to fill the position as requested per memo minutes dated September 14 , 1982 . BACKGROUND The required employment procedures were followed, no present City employees were interested in the position and the appropriate public notices were placed. Fifteen persons were interviewed and given typing examinations . RECOMMENDATION I recommend hiring Sherri Lee Conrady, a Shakopee resident, formerly employed four years with Northwestern Bell and currently on the CETA program. Sherri was assigned to the Public Works Department, due to the resignation and a maturnity leave , she transferred to the Police Department and has done an excellent job. Recommended starting salary, clerical Range 3 , step 2 , $916 . 00 per month. COUNCIL ACTION REQUESTED Authorize the hiring of Sherri Lee Conrady at a salary rate of $916 . 00 per month commencing October 20 , 1982 . •J O SewE JO $totE.ct _ 1 MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: ICC Visitation Program DATE: October 14, 1982 Introduction The Industrial Commercial Commission has put together an industry visitation program patterned after a similar program in Brainerd, Minnesota. The ICC is enthusiastic about the program and the Chamber of Commerce has already agreed to participate . Program The program is well described in the attached material . It will be coordinated by the ICC, and all that is required of the City Council is a commitment to attend the tours . The tours or visits to the industries will cover the items listed on the "tentative agenda" that is attached. The schedule for the program is not firmly fixed ( see attached schedule ) and there is still an opportunity for input ; however , it would be helpful if the suggested schedule for November could be made to work. Councilmember' s names were arbitrarily selected for times and industries so individual Councilmembers can trade dates and industries if the suggested times won' t work. The Planning Commission was planning similar tours and has asked to be included in the ICC program rather than have a separately scheduled tour. Alternatives 1 . Approve the program an finalize times and dates for the Council- members attending the scheduled November tours . 2 . Modify the program, proposed schedule, etc. 3. Drop the program. Recommendation The ICC and Chamber of Commerce have already endorsed the program and the ICC is recommending that City Council approve the program. A similar program has been very successful in Brainerd. Action Requested Approve the Industrial Commercial Commission Visitation Program and agree to participate in the scheduled tours . JKA/jms October 13, 1982 The Honorable Council City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 Dear Councilpersons: The Industrial and Commerce Commission has been considering a Visitation Program with industry and commerce within our community. Our goal is to indicate concern for our present industry and commerce by learning more of each firm, identifying problems, and assisting in promoting an expansion or promoting complementary business. We realize that promotion of additional industry and commerce is through continued good relations with companies in our midst. We need your support - the Visitation Programs would be more meaningful with your presence. Therefore, to get this program off the ground, we decided to assign a date and time to each Councilperson. If there is a conflict with any of your schedules, perhaps there can be an exchange of dates with another councilperson, or feel free to contact the ICC member assigned that date to make a change. We have enclosed the letter to be sent to the firm, the tentative agenda, and the schedule of dates and visitation format. The ICC has approved this program along with the attached enclosures. What we need from the Council is their approval to proceed with what we feel is a needed program at no cost to the public. Your affirmative answer through the administrative staff will be greatly appreciated. Sincerely, Jim O'Neill, Chairman, ICC Jane DuBois Gary Eastlund Al Furrie Jake Manahan enc. Paul Wermerskirchen William Wermerskirchen, Liaison CITY OF SHAKOPEE4t,A' f t„q INCORPORATED 1870 t,-:t` A-” 129 E. First Ave. - Shakopee, Minnesota 55379-1376 (612) 445-3650 l t/0`1{QV \`�` Oct. 14, 1982 The Industrial and Commerce Commission of Shakopee have placed a high priority on visiting industry in 1982-83. Because of the value of your company to this area, we would like to arrange a visit to your firm to meet with you. The purpose of our visit is to learn more of your company and to identify any needs or problems that you may have and try to correct any situations in Shakopee that restrict you from doing business effectively. Also, we would like to offer our assis- tance with possible expansion plans you may have or assist you in promoting complimentary business. The group that will be visiting you will include the Mayor, or a Councilperson, a Commissioner from the Shakopee Public Utilities Commission, a representative from the Chamber of Commerce, and a representative from the Industrial and Commerce Commission. The Industrial and Commerce Commission representative responsible for your visit will call and set an appointment mutually convenient. Enclosed is a tentative agenda. We appreciate your cooperation and look forward to our visit.. Sincerely, James F. O'Neill, Chairman Industrial and Commerce Commission The Heart of Progress Valley An Equal Opportunity Employer 1982-83 SHAKOPEE INDUSTRIAL COMMERCE COMMISSION VISITATION PROGRAM TENTATIVE AGENDA I. Introduction II. Plant tour III. Discussion of company needs/problems A. Purpose of visitation B. Labor needs C. Training programs D. Transportation problems E. Financing F. Markets IV. Governmental Relations A. Code requirements B. Energy and utility needs C. Legislative issues of concern V. Future company plans A. Suppliers B. Land or building needs C. Industrial Development financing programs Please schedule time for no more than two hours. COMMERCE & INDUSTRIAL DEVELOPMENT Existing Industry Visitation Format November, 1982 thru March, 1983 1. Letter sent from ICC to area firm requesting visit by ICC representatives, and describing the purpose of the visit. 2. Participants making existing industry visitation to include: Chamber of Commerce President or Representative, Mayor or Council- person, Commissioner from Public Utilities Commission and ICC member. • 3. Arrangements are made in advance of visit to have photo and possible feature article included in the newspaper. 4. Copy of visitation tentative agenda (attached) and other materials are provided to owner of firm along with letter requesting visit. 5. ICC Member is responsible to confirm date of visitation per the following schedule. 6. After the visit, a letter of appreciation is sent to the owner of the firm. SCHEDULE Tentative Date Time Industry ICC Member Paul Wermerskirchen 11-24-82 2:30 PM Toro Mayor or Councilperson Eldon Reinke, Mayor Commissioner - PUC Lou J'anhout Rep. Chamber of Commerce Phil Kenning ICC Member Gary Eastlund 11/24-82 2:30 PM Kawasaki Mayor or Councilperson John LeRoux Commissioner PUC Ed Leaveck Rep. Chamber of Commerce Ron Arnett ICC Member Furrie 11-24-82 2:30 PM Renaissance Fair Mayor or Councilperson Dean Colligan Commissioner - PUC Barry Kirchmeier Rep. Chamber of Commerce John Anderson ICC Member Jake Manahan 11/24/82 2:30 PM Valley Fair Mayor or Councilperson Delores Lebens Commissioner - PUC Wally Bishop Rep. Chamber of Commerce Virgil Mears ICC Member Jane DuBois 11/24/82 2:30 PM Murphy's Landing Mayor or Councilperson Jerry Wampach Commissioner - PUC Rep. Chamber of Commerce Adair Muralt ICC ExistingExisting Industry Visitation ?ormat Continued - Page 2 Tentative Date Time Industry ICC Member Jim O'Neill 11/24/82 2:30 PM Certain=Teed Mayor or Councilperson Gloria Vierling Commissioner - PUC Harry Nolting Rep. Chamber of Commerce Sister Agnes ICC Member Paul Wermerskirchen 1/26/83 2:30 PM Conklin Mayor or Councilperson Gloria Vierling Commissioner - PUC Ed Leaveck Rep. Chamber of Commerce ICC Member Gary Eastlund 1/26/83 2:30 PM Owens-Illinois Mayor or Councilperson Eldon Reinke, Mayor Commissioner - PUC Barry Kirchmeier Rep: Chamber of Commerce Gary Eastlund ICC Member Al Furrie 1/26/83 2:30 PM Air Products Mayor or Councilperson John LeRoux Commissioner - PUC Harry Nolting Rep. Chamber of Commerce ICC Member Jake Manahan 1/26/83 2:30 PM Midland Glass Mayor or Councilperson Dean Colligan Commissioner - PUC Wally Bishop Rep: Chamber of Commerce ICC Member Jane DuBois 1/26/83 2:30 PM Rahr Malting Mayor or Councilperson Delores Lebens Commissioner - PUC Lou VanHout Rep. Chamber of Commerce ICC Member Jim O'Neill 1/26/83 2:30 PM Fremont Industries Mayor or Councilperson Jerry Wampach Commissioner - PUC Rep. Chamber of Commerce ICC Member Bill Wermerskirchen 2/23/83 2:30 PM Pouliot Mayor or Councilperson Eldon Reinke, Mayor Commissioner - PUC Barry Kirchmeier Rep. Chamber of Commerce ICC Member Paul Wermerskirchen 2/23/83 2:30 PM Peavey Mayor or Councilperson Delores Lebens Commissioner - PUC Harry Nolting Rep. Chamber of Commerce ICC Member Gary Eastlund 2/23/83 2:30 PM Ziegler Mayor or Councilperson Dean Colligan Commissioner - PUC Wadly Bishop Rep. Chamber of Commerce Gary Eastlund. ICC Member Al Furrie 2/23/83 2:30 PM Elk River Concrete Mayor or Councilperson Gloria Vierling Commissioner - PUC Lou Van Hout Rep. Chamber of Commerce ICC �+ Existing Industry Visitation Format Continued - Page 3 Tentative Date Time Industry ICC Member Jake Manahan 2/23/83 2:30 PM Bush Lake Industries Mayor or Councilperson Jerry Wampach Commissioner - PUC Rep. Chamber of Commerce ICC Member Jane DuBois 2/23/83 2:30 PM N. B. C. Mayor or Councilperson John LeRoux Commissioner - PUC Ed Leaveck Rep. Chamber of Commerce ICC Member Jim O'Neill 3/23/83 2:30 PM Flying Cloud Airport Mayor or Councilperson Eldon Reinke, Mayor Commissioner - PUC Harry Nolting Rep. Chamber of Commerce ICC Member Bill Wermerskirchen 3/23/83 2:30 PM Viking Steel Mayor or Councilperson Delores Lebens Commissioner - PUC Wally Bishop Rep. Chamber of Commerce ICC Member Paul Wermerskirchen 3/23/83 2:30 PM Northern Culvert Mayor or Councilperson John LeRoux Commissioner - PUC Lou VanHout Rep. Chamber of Commerce ICC Member Gary Eastlund 3/23/83 2:30 PM K-Mart Mayor or Councilperson Gloria Vierling Commissioner - PUC Ed Leaveck Rep. Chamber of Commerce ICC Member Al Furrie 3/23/83 2:30 PM Rubber Products Mayor or Councilperson Jerry Wampach Commissioner. - PUC Rep. Chamber of Commerce ICC Member Jake Manahan 3/23/83 2:30 PM Valley Warehouse Mayor or Councilperson Dean Colligan Commissioner - PUC Barry Kirchmeier Rep. Chamber of Commerce 9/1 MEMO TO : John K . Anderson City Administrator FROM : H. R. Spurrier _ City Engineer ""R V ___--- RE: Improvement of the Alley i\:lock 50, Shakopee City Public Improvement Project No. 82-4 DATE : October 15, 1982 Introduction : Pursuant to Resolution No. 2051, preliminary work for construction of the alley in Block 50 has been completed and now the alley must be paved. Background: City staff planned to include the paving in the most convenient paving project which would have been County Road 83 Widening, Valley Industrial Boulevard South or the City Overlay Program. The specifications in these projects did not require the contractor to work outside the limits specified in the contracts for these projects and therefore, the work is a change of conditions. The contractors wanted greater compensa- tion to cover the costs of working in a confined area and have requested additional compensation. The additional compensation will amount to approximately $610.00 more than estimated for the bituminous pavement for the alley, which is approximately 40 percent more than originally anticipated. The total cost of the alley paving would remain at, or below, the estimated total contained in the Feasibility Report. That amount is $3,630. 00 for alley construction. Action Requested : The appropriate City officials be authorized to execute Change Order No. 1 with Hardrives, Inc. , for the 1982 Pavement Preservation and Rehabilitation Program in the amount of $1, 740. 00 for the bituminous pavement in the Alley of Block 50 with no increase in completion time. HRS/jvm Attachment CHANGE ORDER Change Order No. : 1 -__ Project Name: 1982 Pavement Preservation Date: October 15, 1982 Contract No. : N /A Original Contract Amount $ 77, 261. 50 Change Order(s) No. thru No. _^- $ 0. 00 Total Funds Encumbered 1't'i•or Lu Change Order $ 77,261. 50 Description oC Work to be (Added/Deleted ): Alley Paving - 2341 Wearing Course at $40.00 per ton including bituminous and placement on prepared base with no restoration. illy :Ili„'. Il ';ll'I'll �•�I 1:��1'i. II'III it Lill' c"IIt.I'tll.t.� I'�•I ''I'''lll'�•II lLlir�V''i .,.11111' 0 11,1 I I 1, II. I '''' I I l'',I III I II'• .11' I l',i II'l l I:',i 1,1./L 't :L:; :Llrl''n�lr'I! Ilf11 t7:::; ,Itht'I•w i :.e :Toc i t'iod horoih. Any work not :;u specified d shall. be pert'ormed in accordance wit It ! he .;t : ..,t:ird ;poo i !'P.a.! i s n:. adopted h.' the City or ;;hnk��t,r �•, Ml llnr .;�,t.tl ', .., ,,. t fl' I'on' I••1 't ..i, , I ! 1, ( i;. ' ' is I',i/Ikxxxxxxl1, 740.00 n1110 r t', ml'lHri .;,llu.I l bo O00X c:Xxxt)txXXXXXXX by 0 - Cripjnal Contract Amount 77,261. 50 CIi:ui e urder(s) No. 1 thru __— ;�; 1, 740.00 Total Funds Encumbered $ 79,001. 50 Completion Pate: No Change The ull,it rs it'ned Contractor hereby a1;1'ce0 to perform the work specified in this Cltame Order in accordance with the specifications, conditions and prises specified herein. Contractor: CV1:);-tr )J4) o APi'liOVL,l: AND lil•;COMI,i! NIIi';lt: City D:Lte A1'I'KtIVr,iI: City of :;Il:tk,,pl'I' IV: Mayor Pate Approved as to form this day of C i t.y Adeliu.i:;trLtur ltn Le _ —'---- — 19 City Clerk Date City Attorney •J MEMO TO : John K. Anderson City Administrator FROM : H. R. Spurner 1 r Aro- City Engineer -- �4� RE: Improvement of Block 2, mer Trails Improvement No. 1982-5 DATE : October 15, 1982 Introduction : City Council has ordered the construction of a drainage swale in Block 2 of Timber Trails. Background: The following summary lists the materials, labor, equipment and special work required to complete the project. CONSTRUCTION SUMMARY A. MATERIALS - None B. LABOR 1. Staking by Eng. Dept. 3 hrs. @ $60.00 $ 180.00 2. Inspection by Eng. Dept. 16 hrs. @ $19. 00 304.00 3. Clearing by Parkkeepers 16 hrs. @ $19.00 304. 00 4. Supervision by Park Leadman 8 hrs. @ $22.00 176.00 C. EQUIPMENT 1. 2Z ton dump truck 24 hrs. @ $20. 00 $ 480. 00 2. 5 ton dump truck 16 hrs. @ $26. 00 416.00 3. Front end loader 12 hrs. @ $38.00 456. 00 4. Dozer ( 1 hr. mobilization) 13 hrs. @ $60.00 780.00 D. SPECIAL WORK 1. Relocate SPUC cables $ 235.00 2. Seeding 200.00 Subtotal $3,531 .00 10% Construction Contingency 354.00 Estimated Total $3,885.00 • John K. Anderson October 15, 1982 Timber Trails Page -2- In the work specified above, the City will have to hire a dozer and hire Shakopee Public Utilities to lower the electrical cable in the vicinity of the work. It is proposed that the City hire Lundgren Excavating, 5609 35th Avenue South, Minneapolis, Minnesota 55417 to perform the dozer work at a rate of $60.00 per hour for a D-5 Dozer, allowing one paid hour for mobilization. It is further recommended that City Council authorize Shakopee Public Utilities to relocate the electric cable between Lots 6 and 7, Block 2, Timber Trails. The balance of the work would be performed by the Public Works Department and the Engineering Department. The Public Works Department will bill the project approximately $2, 235. 00. Action Requested : 1. 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N rn r-1 d r-1 CO , I O N CTS Li 1, . . . . . . • Mt7C) an � H r-1 0 ,--1 c-I ,--I r-I ,-I r-I ,--1 r--♦ ,-1 ,--I 1--1 s-I ,--1 Li ri 0 ,--i ,-I r-1 ,--1 <-I ,-I ,-1 r-I <-1 CO ,-1 in ,-i 0 ,--I ,-I ,-I CO CD NJ a) 0 a) 6) 6) CD 6) NN H 1 HONapCOab 0 • •T u c0 0 ,-1 N I', ,---1 0 CO r-1 N am 0 0 0 0 -1 N d CO N N N N N <-I ,-1 N ()) a) a) 0 C)) 0 a) 0) 0) 0) 0) C Ct d C)) CO CO 00 ,-1 (-A H d N Cr Cr Cr. Cr Cr Cr Cr d Cr Cr Cr d 1- Na) H r' [0 .--1 CD r-1 ,--1 r-1 r-1 r-I ,-1 ,--I ,--1 CO <-1 - I r-1 < I <-1 On ab a) a) a) a) a ) co co N N op 0 0 0 0 O 0 7 0 MEMO TO : John K . Anderson City Administrator FROM : H H . R. Spurrier City Engineer RE : County Road 83 Widening , Contract No. 82-1KT DATE : October 15, 1982 Introduction : Attached please find Change Order No. 2 for the above-referenced project. Background : The work covered by this Change Order includes the following items: 1. A 24" corregated metal pipe extension was required when the pipe was unearthed at the junction of County Road 83 and County Road 16 during construction. The total price of the extension, including a 60 degree bend, amounts to $549.00. 2. There were five manholes and two valve boxes that were adjusted for a total price of $525.00. 3. The specification quantity for 2 inch bituminous base was incorrect. The actual quantity overran 3,024 square yards, increasing the contract $9, 072.00. 4. The quantity of Class 5 aggregate underran 885 tons, decreasing the contract $3982. 50. 5. The quantity of 11 inch bituminous wear course over- ran 600 square yards, increasing the contract $900.00. 6. The quantity of 2 inch bituminous wearing course under- ran the contract by 1, 509 square yards, decreasing the contract $3, 018. 00. 7. Additional culverts discovered during construction of ditches accounted for an additional $1, 713.00 in culvert removal and replacement. The resulting alterations to the contract amount to increases totaling $12,758. 50, and decreases totaling $7, 000.00; resulting in a $5, 759.50 increase, which is 3.4 percent of the original contract. John K . Anderson October 15, 1982 Co. Rd. 83 Widening Page -2- The Partial Estimate Voucher lists a $4, 222.30 reduction. This reduction was made pursuant to a specification provision, which pertains to overlaid depths less than 100 percent of the specified depth. The contractor has the option of demonstrating that .the area used by the City is less than the actual area should be. This reduction is 2. 5 percent of the original contract amount. The recommended action to be taken is to approve Change Order No. 2, in the amount of $1, 074. 00 and authorize payment of Partial Estimate Voucher No. 2, in the amount of $118, 259. 30. Action Requested : 1 . Approve Change Order No. 2, for County Road 83 Widening, Contract No. 1982--1KT with Hardrives, Inc. , 7200 Hemlock Lane North, Maple Grove, Minnesota 55369, increasing the contract amount by $1, 074.00 with no change in the number of calendar days for completion. 2. Approve the payment of Partial Estimate Voucher No. 2, for contract No. 1982-1KT with Hardrives, Inc. , 7200 Hemlock Lane North, Maple Grove, Minnesota 55369 in the amount of $118, 259. 30. HRS/jvm Attachments } CHANGE ORDER T Change Order No. : 2 Project Name: County Road 83 Widening Date: October 5, 1982 1982-1KT Contract No. : Original Contract Amount $ 167, 291. 50 Change Order(s) No. 1 thru No. -- $ 0. 00 Total Funds Encumbered 'Pr1or to Change Order $ 167,291. 50 Description of Work to be (Added/Deleted): 1. Install 38 L.F. 24" CMP ( supplied by City) @ $9 . 40/L.F. = $357. 20 2. Install and supply 6 L.F. 24" CMP 60° Bend for L.S. price of $191. 80 3 . Adjust 5 manholes and 2 gate valves @ $75 . 00 each = $525 The above described work shall be incorporated in the Contract, referenced above, under the same conditions specified in the original Contract as amended unless otherwise specified herein. Any work not so specified shall be performed in accordance with the Standard Specifications adopted by the City of Shakopee, Minnesota. The amount of the Contract shall be (increased/ Xmcby $ 1.0 74 . 00 . The number of calendar days for completion shall be (increased/decreased) by 0 . Original Contract Amount $ 167,291. 50 Change Order(s) No. 1 thru 2 $ 1,074 . 00 Total Funds Encumbered $ 168,365. 50 Completion Date: October 31, 1982 The undersigned Contractor hereby agrees to perform the work specified in this Change Order in accordance with the specifications, conditions and prices specified herein. Contractor: 4,�-41. vc.v__? By: .rte Title: /.!%7.i/. /`? -/ Date: /Ll : 4' Z AP"ip' , i11-4:-"COMMENDED: `► ,iflce *?--- ' i.l = r D to APPROVED: ty of Shakopee By: Mayor Date Approved as to form this day of City Administrator Date — 19 City Clerk Date City Attorney PARTIAL ESTIMATE VOUCHER Contract No. 82-1Kl'artial Estimate Voucher No. 2 Period Ending: September 30 , 1982 TO: Contractor Hardrive s , Inc . Address 7200 Hemlock Lane North, Maple Grove, MN 55369 Project Description County Road 83 Widening 1. Original Contract Amount $ 167 ,291. 50 2. Change Order No. 1 Thru No. -- $ 1,074 . 00 3. Total Funds Encumbered $ 168 ,365. 50 4+. Value of Work Completed $ 166 , 196 . 00 Value of Work Remaining 5. 5 Percent Retainage $ 8 ,309 . 80 $ 2, 169 . 50 6. Previous Payments $ 35,404 . 60 Percent Complete 7. Deductions or Charges $ 4 , 222. 30 98% 8. Total $ 47,936 . 70 Payment Due (Line 4 - Line 8) $ 118 , 259 . 30 CERTIFICATE 01' PAYMENT (I, We) hereby agree that the quantity and value of work shown herein is a fair estimate of the work completed to date. CONTRACTOR: /1e-, moi, r T (- BY: .r-. c- /s TITLE: _` `6= f • DATE: /2- ///:, /J- C'--_ spiv - TY OF SHAKOPEE �I! ` / " r' City ' '_neer Dat- Aft N C' y Administ = or eat- Page ' of ef A/ PAYMENT ESTIMATE No. 2 CONTRACT NO. 82-1.Y'I' City of Shakopee, Minnesota 55379 • Contractor: }lardrives, Inc. "(200 Hemlock Lane North ;lrip1 k, (;rove, MN 55369 Amount of Contract: Dates of Estimate: Original $ /(a ", 29/, ,6"--‘) From I . 2- Revised $ / ?' `!` To 9 30 8. Description of Project: County Road 83 Widening Contract Items Tbiis Period Tn �1�Yn n qtr I tem - No. Contract Item Qty. Unit Unit Price Qty. Amount Qty. Amount Base Prep. & lest liol ling 79. 1 0.:1. 41500.00 $ 4r; oo000 73 3%, .5-0000 Class V Aggregate (3138) 8,405 Ton la . )4) 7520 33,8i/0 Oc 7520 33.,'`>e, 2" Bit. Base Course (2331) 301 0.1f . 3.00 3326- 9175"� 332519750 1z" Bit. Wear Course (2341) 5,750 S.Y. 1.50 0350 9525,co 6350 95250 2" Bit. Wear Course (23)4l ) 311 ,923 Y. 2.00 33, 1/1/y 66,82fs.oc 33ii,/ ,/,,‘,/8,24.ao L 2341 Bit. Mixture fu:. Patching 50 Ton 50.00 L �2 2-234. 00 4L ?.2 2236 Oc Remove Pipe Culvert 185 L.F. 3.00 -0- -O- 2 ht(�, 738" co 15" CMI', 14 ga. 125 L.F 14.00 -o- -G` -- 2- 3,6 474e) 00 18" CMF, 14 ga. 60 1,. P. 15.00 /0 /5A oc36, 51,to cc e5"X1+0" CM1'A, 14 g:i. 26 I,.I'. 50.00 2.60 1� 3O0 cc 2 li ;Int,Ge. Sod 1,000 S.Y. 1.20 -b- - 0 - -O - e)- . Seed o- Seed & Mulch 5. 2 Acr• 450.00 o - o-_. - o- l // /651 122,oo 6-Aan ,_, .Mrde,-- i'1 _} 0Do 164/96 oc TO: John Anderson, Administrator /06LY FROM: Jim Karkanen, Public Works Dept. SUBJECT:Bid Letting For Salt Structure Materials DATE: October 6 , 1982 INTRODUCTION: The Public Works Dept. recently received sealed bids on materials to used to contruct salt storage structure to be located in the Public Works Equipment yard. Salt storage structures are being contructed at most communities for storing bulk salt, etc. , to protect it from • the elements . Because of environmental reasons, a salt storage shed is almost a requirement to prevent sodium ''chloride run off, and leaching to the surrounding area. This shed will prevent the salt and sand/salt mixture from being diluted by rain, and will also aesthetically improve our equipment stroage yard. BACKGROUND: The Public Works Dept. had $4000 . 00 in the 1982 capital equip- ment budget for construction of a storage structure but it was deter- mined that $4000. 00 would not be enough money to furnish materials for construction of a structure, of adequate size, to meet our needs. On March 8, 1982, the City Council authorized an additional $4000 . 00 towards construction of this storage structure. On September 30 , 1982, the City opened the sealed bids from 5 vendors who responded to the published request for bids . The apparent low bidder was Wheeler Lumber and Bridge Co . of Shakopee, (main office in St. Louis Park) with a bid of $7037 . 03 for materials delivered. The bid was for materials only, with Public Works personnel to erect the structure this winter as time allows. In researching the Metropolitan and surrounding areas, all of the salt storage structures are built with Douglas Fir timbers that are creosote pressure treated in order to combat the salt corrosion problem. One of our bidders, Walden Bros. of Shakopee, submitted a price for pine timbers , which we don 't feel is as heavy and rugged as fir timbers, and the firm bid a substitute penetrant, pentrachoro- phenol (PENTA) which is not as effective a penetrant as creosote. There are no salt storage structures in the metro area, to my know- ledge, that uses a penta treated timber. For this reason, we will / 0 reject the bid proposal of Walden Bros. Lumber Co. , for not conforming to our specifications. Creosote has been proven to be the best preservative on timber materials because it does not leach, and it is a very heavy material that is anti-corrosive: That is why most wooden bridges are now made of creosote treated timber. Penta has diesel fuel as an ingredient, it can leach out, and is susceptible to fire. The prices submitted are frozen for 6 months in case the City has to order extra material needed in the erection process ALTERNATIVES: 1. Accept the apparent low bid of Wheeler Lumber and Bridge for $7037 . 03. 2. Reject all bids and bid again. 3 . Not build a salt storage structure. 4 . Accept the bid of Walden Brothers Lumber Co. bid of 5200 . 61 even though they did not conform to specification. RECOMMENDATION: Alternative # 1. Accept the apparent low bid of Wheeler Lumber & Bridge Co . of Shakopee, for the salt storage structure materials , as specified,in the amount of $7037 . 03 . ENCLOSED - Bidder List Low bid proposal & form Bid tabulation b l' BID TABULATION FOR SALT STORAGE STRUCTURE MATERIALS OPENED 2 : 00 PM, SEPTEMBER 30, 1982 BIDDER MEET SPECS, DELIVERY PRICE Wheeler Div. YES 21-30 Days 7037 . 03 St. Regis Paper Co. Shakopee, Mn. Shakopee.Lumber Co. YES 30 Days 7760 . 88 Shakopee, Mn. Lyman Lumber Co. YES 10 Days 9768 . 99 Excelsior, Mn. Walden Bros . Lumber Co. NO 30 Days 5200 . 61 Shakopee, Mn. G.M. Stewart Lumber Co. No bid Mpls , Mn. Submitted PROPOSALS SENT TO THE FOLLOWING BIDDERS Wheeler Lumber & Bridge P.O. Box 26499 3340 Republic Ave. St. Louis Park, Minn. 55426 ATTN: Lucien Castor • 929-7854 Link Lumber Supply 1400 W. 3rd Ave. Shakopee, Mn. 55379 445-3240 Walden Bros. Lumber Co. R.R. 3 Shakopee, Mn. 55379 445-2861 Prior Lake Lumber Co. 16450 Anna Trail SE Prior Lake, Mn. 55372 447-4030 Lyman Lumber Co. 300 Morse Ave. Excelsior, Mn. 55331 474-5991 G.M. Stewart Lumber Co. 421 NE Johnson St. Mpls, Minn. 55418 378-1520 Shakopee Lumber Co. 502 W. 1st Ave. Shakopee, Mn . 55379 445-3199 10 \Ct MEMO TO : City Council FROM: LeRoy Houser/Bldg. Official RE : Side wall opening in Laurent Bldg. DATE: October 5 , 1982 Introduction: Prior to the building permit being issued to Laurent Builders for Lot 6 , Block 21 , they were informed that pursuant to Table 5A of the Uniform Building Code they were prohibited from having any openings in the west wall of the new building less than 20' from the lot line , unless it was of one hour construction. Background : The provision of the code is to prevent fire conflagration and to contain any fire within the building until fire service arrives . I permitted a lessor construction type under Section 105 (Alternate Materials & Methods of Construction) of the code , subject to their agreeing to bring the building into full code compliance should the lot to the west of them build any building less then twenty feet from the west lot line . They agreed to this and I requested their agreement in the form of a recorded deed restriction (copy attached) . Legal council tells me recording of this document requires council action. Action Requested : Authorize proper City Officials to execute an agreement with Gary and Randolph Laurent for Lot 6 , Block 21 , Shakopee City, which pro- vides for the covering of openings on the west side of the building by fireproof material upon construction of a building to the west , if within 10 feet of the lot line . LH: cu I6 AGREEMENT THIS AGREEMENT, made this 24th day of September, 1982 , by Gary L. Laurent and Randolph R. Laurent (hereinafter referred to as ''Laurent'' ) and the City of Shakopee , a Municipal corporation situated in Scott County , Minnesota (hereinafter referred to as "The City" ) : WITNESSETH : WHEREAS , Laurent is the contract vendee of the premises located in the City of Shakopee, County of Scott , State of Minnesota, legally described as follows , to-wit ; Lot 6 , Block 21 , Shakopee , according to the plat of record and WHEREAS , there exists on said premises a commercial building located very near the westerly lot line of said premises , and the existing commercial building has windows along the side of the building adjacent to the westerly lot line of the premises ; and WHEREAS , The City desires that if a building is constructed on the lot to the west of the premises and within ten (10) feet of the existing lot line on the premises , Laurent shall in such event comply with U. B.C. standards for fire resistive protection of exterior walls and openings as per U. B.C. standards at the time of construction on the adjacent west lot ; NOW, THEREFORE, it is mutually agreed by and between Laurent and The City as follows : 1 . That when, if ever, a building is constructed on the lot west and immediately adjacent to the Premises within ten ( 10) feet of the existing lot line on the premises , then any affected open ings in the existing building shall be covered by Laurent with fireproof material in accordance with U. B.C. standards . • Ir /l IN WITNESS WHEREOF, the parties hereto have hereunto set their/ hands this day of October , 1982 . Gary L. Laurent Randolph R. Laurent THE CITY OF SHAKOPEE B yIts And Its STATE OF MINNESOTA) ss . COUNTY OF SCOTT The foregoing instrument was acknowledged before me this day of October, 1982 by Gary L. Laurent and Randolph R. Laurent . Notary Public STATE OF MINNESOTA) ss . COUNTY OF SCOTT The foregoing instrument was acknowledged before me this day of October , 1982 by and respectively the and the of the City of Shakopee , a municipal corporation, on behalf of the municipal corporation. 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O\ '---I a) • • • • HH1 at J :�7 (d •h L7 . • . • • • i U) Si 4 a) _ v a) Ha) .0 N -13O a) I110 H ° x c� a b PA Fll a) I { ,d 0 I Q) a) i' 0 4.3 40 0 0 o a � P F b a, •4-+ +3 al H 0 $--; i� c +3 0 0 0 GO PA 40.0 td).0 0 0 H CO] H a) 4-3 >+ U U) to C X i. U O U 0 0 0 U) 0 0 aJ (aS 0 0) 0 N H U U C. d U] Q Iaqurri r-1 N H H lr\ N N N ure.ZSoa H H H H H H 4.. i i J //6 MEMO TO: John K. Anderson FROM: Gregg M. Voxland RE: Resolution No. 2069 & 2070 DATE: October 19, 1982 There is a conflict between the minutes of 9-28-82 and the tax levy set on 10-5-82. The minutes reflect budget cuts of $136, 132 (as discussed) re- sulting in an '83 levy that would be $9,730 less than the '82 levy. The computations or minutes are wrong at this point. The amount should be $8,329 not $9,730. Further on the minutes reflect a motion to direct staff to prepare a resolution with $9,330 cut from the 1982 tax level. The resolution was pre- pared with $136,132 cut from the proposed budget. Alternatives 1. Amend the minutes of 9-28-82 2. Cut the tax levy by an additional $1 ,001.00 Recommendation Staff recommends alternative number two. Action Requested Pass Resolution No. 2069 & 2070. GMV:mmr IC RESOLUTION NO. 2069 A RESOLUTION AMENDING RESOLUTION NO. 2057 LEVYING TAXES PAYABLE IN 1983 WHEREAS, the Shakopee City Council did pass on October 5, 1982, Resolution No. 2057 levying taxes payable in 1983 and WHEREAS, the Council desires to amend Resolution 2057. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota that Resolution No. 2057 is hereby amended as follows: SPECIAL LEVIES: Shade Tree $ 7,897 Ind. & Com. Dev. 110,091 TOTAL CITY LEVY $1,268,043 BE IT FURTHER RESOLVED, that the City Clerk is hereby instructed to transmit a certified copy of this Resolution to the County Auditor of Scott County, Minnesota. ADOPTED in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1982. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1982. City Attorney RESOLUTION NO. 2070 A RESOLUTION AMENDING THE 1983 BUDGET WHEREAS, the Shakopee City Council did pass Resolution No. 2063 adopting the 1983 Budget on October 5, 1982 and WHEREAS, Council desires to amend the 1983 Budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota that the 1983 Budget of the General Fund is hereby amended to reduce both the estimated revenue from taxes and the contingency appro- priations by $1 ,001.00. ADOPTED in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1982. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1982. City Attorney