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HomeMy WebLinkAbout09/21/1982 /*-1,• J MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Non-agenda Informational Items DATE: September 17 , 1982 1. The City has received a thank you note from the family of Hilda 0. Reinke for the flowers we sent. 2 . Sister Agnes has expressed an interest in serving on the I . C. C. We will put her name in the suspense file for consideration in January when two seats may be vacant. 3 . The Waste Management Board has sent us a notice stating that they are "continuing" their search for hazardous waste pro- cessing facilities (not a disposal site where they would landfill it ) in the seven county area and that they have identified an area in Shakopee. The site is bounded by Hwy 101 on the North, a line 1/4 mile West of CR 89 on the East , a 1/2 mile North of CR 16 on the South and a line 1/2 mile West of CR 83 on the West . Dean Colligan will be our liaison for this renewed search. 4. Attached is a memo to Council prepared by Bo responding to Don Parrot ' s questions about the Engineering Department . Don' s original questions are also attached. The meeting is set for 2 : 00 P.M. September 20th and Don has been given a copy of Bo ' s memo. 5 . Attached is a memo from Joe Ries regarding the status of the County' s acquisition of the last 3 houses on Block 57 . 6 . Attached is a letter from the Insurance Services Office which is the agency that gives cities their fire rating. Shakopee has made enough fire and water department improvements to possibly improve its rating. An improved rating would reduce the cost of insurance for certain commercial and industrial buildings in town. 7 . Gloria had attended a meeting and learned about some potential grant/loan monies for planning. The attached letter clarifies what is available under the program and Jeanne Andre and I feel that based upon the guidelines ( see the bracketed para- graph in the letter) Shakopee has few needs that fit the program so we will not pursue it unless someone has some other suggestions . 8 . Attached is Tom Hagedorn' s letter responding to our question regarding H.R. 6296 . 9 . Attached is the Revenue & Expenditure Report for the month ending August 31 , 1982. 10. Attached are two newsletters regarding the bond market one from Springsted and the other from Ehlers . Non-agenda Informational Items Page Two September 17 , 1982 11 . Attached are the minutes of the August 9 , 1982 SPUC meeting. 12 . Attached are the agendas for the September 23 , 1982 Board of Adjustment and Appeals and Planning Commission meetings . MEMO TO : John K. Anderson City Administrator FROM : H. R. Spurrier i� City Engineer •+� RE: Response to Don Parrott Complaint DATE: September 14, 1982 Introduction : Pursuant to your request, I have below answered the questions raised by Mr. Parrott at a Council meeting September 7, 1982. Background: below I have answered the question following the same numerical sequence as Mr. Pan-ott's attached statement indicates : 1. There is probably some duplication of inspection where both water and City facilities are involved. There could be two inspectors from the City and two inspectors from SPUC. This response will only address the two inspectors from the City. The contractor is not always aware of the other activities that must be performed by City inspectors. The activities which require more than one inspector, include staking, quantity measurement and meetings with the utility companies in order to coordinate the work. 2. Mr. Parrott has overstated this item. Routine pay estimates were prepared once in accordance with the City's Standard Specifications. In some cases Mr. Parrott would ask for more or less than what was actually due. The specifications clearly state that except for the semi-final estimate, "PROGRESS ESTIMATES WILL BE PREPARED AS ACCURATELY AS THE AVAILABLE INFORMATION WILL PERMIT. . . " and in the case of Mr. Parrott, the estimates were prepared in that manner. On one particular estimate, Mr. Parrott refused to sign the partial estimate and therefore, delayed payment until a change order could be processed. This had the affect of delaying the contractor's payment for several months. Estimates prepared for the Halo 2nd Addition/Bluff Avenue Project were more complex because a watermain was included in the project. The City inspector would prepare the partial estimate for the City's segment of the project while SPUC's inspector would prepare the water element of the project and then the City inspector would combine the two estimates and prepare a partial estimate voucher which was then sent to the contractor to be signed. When that returned from the contractor, it was sent to SPUC for approval then SPUC would return the voucher to the City for the City to sign and process. John K. Anderson September 14, 1982 Response - Don Parrott Complaint Page -2- Because the project has both water and City facilities, the payment process is more complex. However, with the exception of one payment for which interest was paid, all of the payments were made in accordance with the payment schedule set to the contractor. 3. The contractor has been paid all interest earned as a result of late payments. 4. Mr. Parrott specifies that the inspector requested unnecessary additional work resulting in extra cost to the City. Extra cost paid by the City would have to be paid by a change order, therefore, Mr. Parrott must be able to explain which additional work and which change order resulted in extra cost to the City. Knowing which change order and which element of word, an answer could then be drafted. 5. The statement suggests that the Engineer issues "Stop Work Orders" for no reason. The "Stop Work Order" was issued after the Engineer asked Mr. Parrott what Mr. Parrott was doing. Mr. Parrott advised the Engineer that he was constructing the service line for Air Products. In the opinion of the Engineer, the work was a part of the plumbing system and required a Plumbing Permit. A "Stop Work Order" was then issued requiring that the contractor get a Plumbing Permit prior to continuing the work. In a subsequent meeting with the contractor, the Assistant City Attorney, the City Administrator and the Utilities Manager, the Assistant City Attorney, P. R. Krass noted that State law modified the definition of plumbing system to mean that piping inside the building line. Mr. Parrott was advised that he could return to work, based on that interpretation. fvir. Parrott should be more specific regarding the City Engineer's job description and specify what valuable experience he deems necessary for a City Engineer. In addition to that information, Mr. Parrott should explain why he feels the City Engineer is not capable of handling his job. Ray kuuska is not the Assistant Engineer but is called the "Engineering Coordinator' and is classified as a Technician III on the Monthly Report but has a job description comparable to Technician IV in the Stanton Survey. So long as a backlog of work exists for the Technicians in the Engineering Department, it is necessary to have those positions. 6. In the past many contractors have left Shakopee very unhappy. Those contractors underbid rock excavation or underestimated the difficulties encountered in performing the work. The most recent example of a contractor in this perdicament is Axel Newman. Axel Newman has made claim to the City for $70, 000 in additional payment. Payment requested because Axel Newman underestimated the work and underestimated the difficulty in performing the work. Axel Newman will leave the City of Shakopee very unhappy. Contractors that have not underestimated the work, do not have the same problem. John K . Anderson September 14, 1982 Response - Parrott Complaint Page -3- It is my belief that even if inspection were a factor, the nature of the work is more important. If the City sees a short bidders list, it would be due more to the nature of the work and the complexity rather than the inspection. I would riot say that there are not some contractors that would stay away because of the inspector. Obviously, Mr. Parrott believes he is one and knows of others. If there are other contractors that feel as Mr. Parrott, he should make the list known to the City. The City could then be certain to include these contractors in their annual survey so that the complaints could be registered. Last year when contractors were surveyed, these complaints did not surface. 7. The City spent over $65, 000 per year, prior to 1978 and that did not include consultants fee. This amount was paid out of the General Fund for the Engineering Department. Now, after four years, the General Fund pays only $24,000 per year while the City at large receives more services from the Engineering Department because of our policy to bill at least 90 percent of our department cost to projects we work on. 8. Administrative or processing problems do not constitute dissention. The contractor should be asked, "did these problems affect the contractors work and delay the contractor in that work or did these problems simply take additional processing time'. City Council and SPUC have acknowledged lack of procedures in areas of joint responsibility and we are resolving these problems as they come up. The "Stop Work Order" Mr. Parrott refers to expressed a lack of clear procedures. 9. Mr. Parrott suggests that this is the "tip of the ice berg". If Mr. Parrott is aware of other specific problems with other contractors, the Engineering Department would be anxious to answer those questions as well. The Engineering Department will be anxious to answer any additional questions once the contractor clarifies the statements made. HRS/jvm Attachment Bus.445-6126 Res.445-2058 Parrott - Construction Inc. 2047 Eagle Creek Blvd. Shakopee,Minnesota 55379 City Council Mtg. Sept 7, 1982 I AM DON PARROTT..A TAX PAYER & LOCAL CONTRACTCR. I FEEL THERE ARE CERTAIN AREAS WHERE THERE CAN BE CREAT SAVINGS FOR ALL OF THE TAX PAYERS. ONE AREA THAT WE ARE MOWED IN IS WITH THE CITY ENGINEERING DEIARTT I DON'T KNOJ IF THE PUBLIC IS AWARE OF THE WASTE ar TAX DOLLARS IN THIS DEPT. WE HAVE BEEN AWARE OF MUCH WASTE AND FEEL IT :SHOULD BE BROUGHT TO EVERYONES ATTENTICri. A FEW EXAMPLES: 1. HAVING 4 INSPECTORS AT ONE TINE ON THE JOB..:JHERE 1 SHOULD M(RE THAN SUFFICIENT J 7 f6 H 1 S �,� �, TDA Ai, ' e� p��, bac 2. OUR MONTHLY PAY E TIMATE3 0 BE Ra' 3* 4 TD E3..WHICB CAUSED HOURS OF tt •I EXTRA ARK F(kt THE"STAN. ,A ( rte o;-1" De k i I y) prn 13 . 3. TW E DELAYS IH PA 4.t4T9 Ftp'i'A ° INTERMIT. SSe I I a. K/ 4. THE INSPECTOR FFQUESTi•1D UNNECESSARY ADDITIONAL W(RK..RZSULTIL IH EXTRA COWS TO THE CITY. t_, 5. THE ENGINEER ISSUED STOP WORK CEDERS FQt NO REASON AT ALL. OUR ENGINEER LACKS VALUABLE EXPERIENCE. I FEEL RE 13 NCT CAPEABIE OF HANDLING NIS JOS. EXAMPLE: ASSISTANT ENGINEER IS NOT NECESSARY AT ALL. (RAY R ) 6. IN THE PAST MANY CONTRACMS HAVE LEFT 3HAXOFEE nar UNHAPPY. & THIS HAS CAUSED OUR BIDDERS LIST TO HE VERY SHORT. /( r-4 J e ! .5 u J 5 �Y`o 7 6&a y 7. A CITY THE SIZE OF SHAKOPEE DOES NOT NEED ITS OWN ENGINEER. SAVINGS (P MANY TAX DOLLARS $. THERE IS A LAT Cid' DESENTION BETWEEN THE EIGIME RING & UTILITIES DEPARTMENTS. NOTHING CAN FUNCTION PROPERLY WI'fll PROBLEM Mr, THIS. 9. THIS IS A VERY SMALL PART Cf IT AND IT IS HAPPENING TO OTHER R CONTRA°CTCRS A3 WELL A3 US. y• OFFICE OF THE ADMINISTRATOR SCOTT COUNTY COURT HOUSE 110 ` "'A� �a 1 E,�r1; �, ::, SHAKOPEE, MN. 55379-1382 (612)-445-7750, Ext.100 SEP 101982 JOSEPH F.RIES CITY OF 3HAKOPEE Administrator JAMES M.SULERUD Asst.Administrator TO: R. Kathleen Morris, County Attorney September 8, 1982 Bill Schmokel, County Surveyor E.W. Prenevost, Highway Engineer Ed Monnens, Maint. Engineer FROM: Joe Ries, County Administrator • SUBJECT: Block 57 Parking Project With the closing of the final acquisition of property on Block 57 by the county scheduled for Friday, September 10, 1982, I have touched base with each of you individually regarding a meeting which has been scheduled for the purpose of reviewing our status viz-a-viz the terms of our agree- ment with the City of Shakopee dated December 18, 1981. , This will confirm the details of the meeting which are as follows: DATE: Thursday, September 23, 1982 • TIME: 8:00 o'clock A.M. PLACE: Administration Library Coffee and rolls will be served. It is my hope that we can review the variety of tasks remaining in the project and agree on an assignment amongst us all within an hour's time. I appreciate the cooperation that this team has given these projects and thank you for your continued support. The following agenda is intended to outline those tasks which come to mind at this time but the meeting will be open to other tasks which may surface from our discussion. AGENDA Morris I. Relocation claims arising out of the purchase of the Ries Friedges and Thomas Properties Ries II. Lease responsibilities of the county with properties at 213 and 219 W. 5th Avenue, re: insurance, rental payments, notices, etc. • An Equal Opportunity Employer Page 2 All III. Review of terms of agreement with City of Shakopee. Schmokel IV. Division of Block 57 through exchange of deeds with St. Morris Francis Hospital. Ries Monnens V. Interim security, maintenance and care of county properties. Ries All VI. Specifications for removal/razing of structure. (Special consideration for possessions remaining in 213 W. 5th Ave. ) Bid format, advertisement, schedule and letting preparation. All VII. Specifications and schedule for parking lot construction in joint with St. Francis Hospital and City of Shakopee engineers as well as other related (storm sewer, etc. ) plans. VIII. Other matters introduced at meeting. If you should wish to discuss any of the above items in preparation for the meeting, please call. I will look forward to seeing you on the 23rd. R;ga ds, • AJ - •ies dministrator cc: Chairman Hafermann JFR:bn INSURANCE SERVICES OFFICE 6 mL `� OF MINNESOTA m ;it 12 SO.SIXTH ST..ROOM 1229,MINNEAPOLIS, MINN. 55402-1 ; +' �! rrcw., Eg O TELEPHONE: (612) 338-8200 — -fit i.) SEP SEP 1 ; 1DIj2 C.S.WRIGHT,MANAGER , WIAKopEE September 10, 1982 Mr. John K. Anderson, City Administrator Municipal Building 129 East 1st Street Shakopee, MN 55379-1376 Dear Mr. Anderson: We have received your request for a survey of your city. We will schedule Shakopee for a survey as soon as personnel are available, possibly around the first of the year. As you may know, the public protection classification number is used by Insurance Services Office as only one of several elements in developing some individual property fire insurance rates. Individual property fire rates are also dependent upon specific construction, occupancy, private protection and exposure from adjacent buildings. The purpose of the survey will be to gather information needed to determine a fire insurance classification which may be used to develop fire insurance rates. It will not be for property loss prevention or life safety purposes and no life safety or property loss prevention recommendations will be made. • Yours very truly, T. G. Ryan(c o) Assistant Supervisor Pricing Services tgr:ah 1 7 Metropolitan Council o%ice300 Metro Square Building X04 �t RECEIVED Seventh Street and Robert Street — ,k Saint Paul, Minnesota 55101 aide ' `/. 1111 2. I / tno' Telephone(612) 291-6453 w °� �` Office of the Chairman T�'e�•.IN CVC.�5 � CITY OF SHAKOPEE September 10, 1982 Ms. Jean Andre, Administrative Assistant City of Shakopee 129 East First Street Shakopee, Minnesota 55379 Subject: 1982-83 Local Planning Assistance Loan Guidelines Dear Ms. Andre: On September 9, 1982, the Metropolitan Council adopted 1982-83 Local Planning Assistance Loan Guidelines. A copy of the guidelines, which includes a loan application form, is enclosed. The guidelines establish the criteria and administrative procedures for the disbursement of $150,000 in funds appropriated by the State Legislature to assist local governments in the Metropolitan Area in implementing the Metropolitan Land Planning Act. Accumulated interest of approximately $99,500 from previous appropriations is also included. i The Council will use the guidelines to make interest-free loans to local governments to help them clear up unresolved planning issues between local comprehensive plans and the Council 's policy plans for the four metropolitan systems--sewers, transit, airports and parks. Although of lower priority, loans may also be made to resolve issues relating to water resources management and housing. The loan program replaces the former grant program because of the: 1) small amount of funds available; 2) shrinking planning assistance funds at all levels of government; and 3) likelihood that this appropriation will be the Council 's last from the legislature. Major features of the loan program include the following: - Two-thirds of the loan fund will be available for loans during the initial loan period, September 10 through November 9. The balance of the fund plus any unallocated funds from the first loan period will be available during the second loan period, January 1 through February 28, 1983. - Local governments with adopted comprehensive plans and ordinances to enforce the plans are eligible to apply. - 2 - - Loans will be made for up to 75 percent of an eligible project cost. - Loans are for a maximum three-year period, with a payback to be negotiated between the Council and the recipient. - After three years of operation, the loan program will be reevaluated by the Council . It may be continued or modified, or it may revert to a grants program. If you have any questions regarding the loan program, please contact Gregg Johnson, planning grants coordinator at the Council, by calling 291-6518. Sincerely, rtfi,L,LG? arles R. Weaver Chairman CRW:im Enc. METROPOLITAN COUNCIL 1982.83 LOCAL PLANNING ASSISTANCE LOAN GUIDELINES September 1982 I 1 METROPOLITAN COUNCIL 1982-83 LOCAL PLANNING ASSISTANCE LOAN GUIDELINES September 1982 Metropolitan Council of the Twin Cities Area 300 Metro Square Building, 7th and Robert Streets St. Paul , Minnesota 55101 Tel . 612 291-6359 Publication No. 07-82-080 TABLE OF CONTENTS Page INTRODUCTION 1 1982-83 LOCAL PLANNING ASSISTANCE LOAN GUIDELINES I. Purpose 2 II . Authority 2 III. Scope 2 IV. Definitions 2 V. Amount Allocated 4 VI. Availability of Funds by Loan Period 4 VII . Funding Criteria 4 VIII . Eligibility Criteria for 1982-83 Loans 5 IX. Maximum Amount of Loan 5 X. Term of Loan 5 XI . Evaluation of Applications 5 XII . Award of Loans 6 XIII . Disagreements 7 XIV. Council Assistance 7 XV. Notification 7 XVI . Term of Loan Program 7 XVII . Effective Date of Guidelines 7 APPENDICES A. 1982-83 Application for Local Planning Assistance Loan 8 0 1, INTRODUCTION The Metropolitan Council adopted the following guidelines September 9, 1982. The Council will use the guidelines to loan planning assistance funds appropriate by the State Legislature to counties, cities and townships in the Metropolitan Area to implement the Metropolitan Land Planning Act. The funds include $150,000 appropriated by the Legislature in 1982 plus accumulated interest of approximately $99,500. The guidelines will be used to make interest-free loans to local governments to help them clear up unresolved planning issues between local comprehensive plans and the Council 's policy plans for the four metropolitan systems--sewers, transit and highways, airports and parks. Although of lower priority, loans may also be made to resolve issues related to water resource management and housing. The loan fund replaces the local planning assistance grants program, which the Council has operated since 1977. The guidelines were developed jointly by the Council 's Land Use Advisory Committee (LUAC) and its Physical Development Committee. A loan program was considered more appropriate than the former grant program because of the: 1) small amount of funds available; 2) shrinking planning assistance funds at all levels of government; and 3) the likelihood that this appropriation will be the Council 's last from the Legislature. Council legal staff has stated that the loan funds cannot be used for legal defense. Any questions regarding this matter should be directed to John Hoeft at 291-6450. The major features of the guidelines follow: - Two-thirds of the loan fund will be available for loans during the initial loan period; the balance of the fund plus any unallocated funds from the first loan period will be available during the second loan period. - Local governments with adopted comprehensive plans and ordinances to enforce those plans are eligible to apply. - Loans will be made for up to 75 percent of an eligible project cost. - Loans are for a maximum three-year period, with a payback to be negotiated between the Council and the recipient. - After three years of operation, the loan program will be reevaluated by the Council . It may be continued or modified, or it may revert to a grants program. Further explanation regarding planning assistance loans is available from Gregg Johnson, planning grants coordinator at the Council , by calling 291-6518. 1 1982-83 LOCAL PLANNING ASSISTANCE LOAN GUIDELINES I. PURPOSE. The purposes of these guidelines are to assist local governmental units in the Metropolitan Area in conducting activities related to implementation of the Metropolitan Land Planning Act, and to provide guidance regarding the application, award and disbursement process for loans under the act. II . AUTHORITY. The Metropolitan Council is authorized to prepare and adopt guidelines establishing uniform procedures for the award and disbursement of planning assistance loans under Minnesota Statutes, Sections 473.854 and 473.867. III . SCOPE. These guidelines govern the Council 's administration and disbursement of planning assistance loans funded by Minnesota Laws 1981, Chapter 356, Section 30, fiscal year 1982. IV. DEFINITIONS. 1. Agricultural Preserves Act - this law provides a package of benefits to enable farmers near urban areas who want to continue farming to do so on equal footing with farmers unaffected by urban expansion. The intent is to allow farmers in the Twin Cities Metroplitan Area to make long-term agricultural investments with the assurance that their land will continue in farm use without interference from urban pressures. Farmers in communities that have provided planning and zoning support for rural densities of one dwelling unit per 40 acres are eligible under the act. 2. Available financial resources - means the following types of resources available to a local unit for its proposed project: revenues potentially available to a local unit through the local tax levy; revenues from state or federal grant programs for planning that will be used for activities that are part of the local unit 's work program for resolving the comprehensive plan-related issues identified in the loan application. 3. Commercial agricultural region - that portion of the Rural Service Area as defined in the Development Framework where maintenance of commercial farming, food production and related agri-business are the primary and predominant activities . 4. Community - means all cities and towns lying in whole or in part within the Metropolitan Area. 5. Consultant - means a qualified professional , not a member of a local unit 's staff. It includes but is not limited to planners, landscape architects, engineers and attorneys. 6. County - means the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington. 7. Development Framework Chapter of the Metropolitan Council 's Metropolitan Development Guide - that is the policy framework for other chapters of the guide and for the policy plans for metropolitan 2 sewers, transportation and parks systems. The Development Framework divides the Region into urban and rural service areas and establishes Council policy for each area. 8. Land Use Advisory Committee (LUAC) - means the advisory committee established pursuant to MSA 473.853 of the Metropolitan Land Planning Act. 9. Loan - means a subsidy of public funds on a temporary basis not to exceed three years offered by the Metropolitan Council to a local unit to aid its required planning undertaken in accordance with these guidelines. 10. Loan agreement - means the contract negotiated between the Metro- politan Council and the local unit for loan funds awarded in accordance with these guidelines. 11. Local share - means the portion of a local unit 's work program that is not eligible for Council funding and will not be paid with other financial assistance. 12. Local unit or units - means all cities, counties and towns lying in whole or in part within the Metropolitan Area. 13. Metropolitan Area - means the Seven-County Metropolitan Area comprised of the counties of Anoka, Carver, Dakota, Hennepin, Scott, Ramsey and Washington. 14. Metropolitan Council or Council - means an administrative agency created by Minnesota Statutes, Chapter 473, for the purpose of coordinating the planning and development of the Metropolitan Area. 15. Metropolitan Land Planning Act, or the act - means Minnesota Statutes, Section 473.851-473.872. 16. Metropolitan systems plans - the airports portion of the Metropolitan Development Guide and the policy plans, development programs and capital budgets for metropolitan waste control , transportation and regional recreation open space. 17. Official control - means ordinances and regulations prepared and adopted after the adoption by the local unit of its comprehensive plan pursuant 'to Minnesota Statutes 473.175 and 473.176. Official controls may include ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, official maps and interim ordinances. 18. Other financial assistance - means state or federal funds obtained from another grant program, including but not limited to critical area grants, Comprehensive Employment and Training Act grants (CETA) , Department of Housing and Urban Development grants (HUD) , Community Development Block Grants (CDBG) and Farmers Home Administration grants, that will be used to pay for the cost of a portion of the work program. 3 19. Policy area - means groupings of Metropolitan Area local units as listed in Appendix A. For the purpose of these guidelines, the following policy areas are established: Fully Developed, Urbanizing, Developing Fringe, Freestanding Growth Centers, Urban Counties, Rural Area, Rural Centers and Rural Counties. 20. Staff - means an employee of a local unit whose activities are directly attributable to the work program; does not include appointed or elected members of boards or commissions. 21. Total cost of work program - means the total cost of carrying out the local governmental unit's work program including: a. The estimated amount to be paid for consultant services or the cash equivalent for the services of staff (such as planner, attorney, engineer, clerk) who were employed by the local governmental unit to carry out the work program. Per diem payments to appointed or elected members of boards or commissions are not eligible costs. b. Other costs associated with the work program, such as local travel , overhead, rental of space and equipment, purchase of supplies, printing and publishing. The purchase of equipment, space, land or buildings is not an eligible cost. c. The cost of activities that are part of the work program that will be paid with funds obtained through contractual arrange- ments with other local governmental units, or with the state or federal government. 22. Work program - means a desription and estimated cost of the projected effort needed in order to resolve the comprehensive plan- related issue or matter identified in the loan application. V. AMOUNT ALLOCATED. These guidelines establish a loan fund of $242,000 for which Metropolitan Area communities and counter may apply. This amount is derived as follows: $150,000 from the 1981 legislative appropriation less five percent for Council administration, plus $99,500 in interest earned as of August 31, 1982, on the 1982 appropriation and on previous appropriations from 1976 to 1981. VI. AVAILABILITY OF FUNDS BY LOAN PERIOD. Two-thirds of the loan fund will be available for loans during the initial loan period; the balance of the fund plus any unallocated funds from the first loan period will be available during the second loan period. VII . FUNDING CRITERIA. Loans shall be awarded based on a local unit 's demonstration of the following: A. Need to resolve an issue or matter relating to a local comprehensive plan and affecting a regional system (transportation, sewers, airports or parks) currently unresolved from the Council 's comprehensive plan review, or resulting from a Council policy plan amendment or other Council action, or a local plan amendment generated by annexation proceedings or a joint community planning project. 4 B. Intent to resolve an issue or matter regarding rural densities that are inconsistent with Council policies as identified in the Council ' s comprehensive plan review. C. Intent to resolve an issue or matter regarding on-site system management as identified in the Council 's comprehensive plan review, except where it involves ordinance preparation. D. Need to resolve an issue or matter related to continuing preservation of a local unit's agricultural land. E. Need to resolve an issue or matter related to water resource management. F. Intent to resolve inconsistencies with regional housing policies in the housing element of the local unit 's adopted comprehensive plan. G. Unavailability of other assistance in handling the issue or matter. VIII. ELIGIBILITY FOR 1982-83 LOANS. A local unit shall be eligible to apply for a 1982-83 loan if it has a locally approved comprehensive plan and ordinances to enforce the plan on file at the Metropolitan Council . IX. MAXIMUM AMOUNT OF LOAN. A local unit may apply for a loan up to 75 percent of an eligible project cost. X. TERM OF LOAN. Loans shall be interest free and for a term not to exceed three years . XI. EVALUATION OF APPLICATIONS. Each application shall be evaluated by the Land Use Advisory Committee and the Council during the 60-day biannual review period to ensure that it is satisfactory in the following respects (see Appendix B for application) : A. The local governmental unit is eligible for the loan requested. B. The proposed activities to be funded are eligible activities. C. The planning costs to be funded by the loan do not exceed 75 percent of the total cost of the work program. D. Priority will 'be given to projects directed at resolving metropolitan system-related planning issues. E. Priority will be given to local units with comprehensive plans that were found consistent with the Development Framework in the Council ' s plan review, and whose proposed projects address system-related planning issues. For urban communities, consistency will be defined in terms of a land supply consistent with Council figures. For rural communities, consistency will be defined in terms of rural densities consistent with Council standards and, additionally in Commercial Agricultural Areas, planning and zoning for Agricultural Preserves . F. The application is complete. 5 G. The information contained in the application is sufficient for the Council to fulfill its legal requirements under the Metropolitan Land Planning Act. The Council may require any additional information necessary for it to fulfill these requirements. XII . AWARD OF LOANS. A. Timing. Loans will be awarded by the Council twice a year following evaluation of an application as satisfactory per Section XI. The initial application period will immediately follow the adoption of these guidelines for a period of 60 days. The second period will occur on Jan. 1, 1983. Subsequent rounds will begin on Jan. 1 and June 1 of each year. B. Contracts 1. General . All loans shall be awarded by contract between the Council and the local unit. 2. Contents. Contracts shall contain the following: a. A scope of work section that shall contain the following: 1) The total work program contained in the application and the estimated completion date. 2) The funded portion of the work program in which the loan recipient shall specify the major task(s) to be funded with the loan award and the completion date(s) for those major task(s) . b. Assurances by the loan recipient that the loan award will not exceed 75 percent of the total cost of the work program. c. Assurances that the scope of work will be satisfactorily carried out. 3. Release of Funds. The Council will release funds based on a payout schedule negotiated with the community. 4. Repayment Schedule. The repayment schedule will be negotiated between the Council and the local unit and will be stipulated in the loan contract. 5. Progress Reports. Each local unit that has entered into a loan agreement with the Council is required to submit a mid- point progress report and a final progress report. a. Mid-Point Progress Report. The timing and content of this report will be negotiated with each local unit based on the length of the proposed project and the loan period. b. Final Progress Report. After all activities in the loan agreement are completed, the local unit shall prepare and 6 submit to the Council a final progress report, which shall be evaluated to determine the following: 1) That the planning cost funded by the grants did not exceed 75 percent of the total cost of the work program. 2) That the scope of work was completed. 3) That the terms of the grant loan were met. 6. Use of Funds. To carry out activities specified in the work program, loan funds may be used to: a. Pay existing staff. b. Hire new staff. c. Employ a qualified consultant. d. Pay other costs attributable to the work program such as overhead, rental of space and equipment, purchase of supplies, and printing and publishing. 7. Records. The loan recipient shall maintain a separate control account for loan funds received, and shall maintain accurate and complete accounts and records relating to the receipt and expenditure of any and all loan funds. Such records shall be maintained for auditing purposes for at least three years following final loan payment. The Council shall be afforded reasonable access to the records for auditing purposes during business hours. XIII . DISAGREEMENTS. If the applicant does not agree with the Council regarding the awards of loans, it may request a hearing of the Land Use Advisory Committee, which will make its recommendations to the Council regarding the matter. XIV. COUNCIL ASSISTANCE. Staff from the Council will be available to assist local units in the preparation of applications. XV. NOTIFICATION. All local units will be individually notified as to the application guidelines within 30 days of the effective date of these guidelines . XVI . TERM OF LOAN PROGRAM. The loan program will be in effect for a minimum of three years. After three years the program will be evaluated and a determination will be made by the Metropolitan Council with input from the LUAC as to whether the loan program should be continued, or if it should revert to a grants program. At that time or at some later date the program will eventually revert to a grants program, and new guidelines will be developed for allocating all remaining funds . XVII . EFFECTIVE DATE OF GUIDELINES. These guidelines shall become effective immediately after their adoption by the Council . 7 LPALGL APPENDIX A Metropolitan Council , 300 Metro Square Building, St. Paul , Minnesota 55101 1982-83 APPLICATION FOR LOCAL PLANNING ASSISTANCE LOAN 1. Name of Community 2. Name of Local Contact Person Address Telephone 3. Description of Proposed Project 4. Relationship of Proposed Project to Funding Criteria (refer to Section VII in the Guidelines) 5. Work Program Outline on the reverse side the major tasks that must be undertaken to complete the proposed project and the total costs of those tasks. 6. Completion Date Estimated completion date of the work program 7. Other Financial Assistance List amounts and sources of financial assistance other than this loan program that will be used toward the work program costs shown on the reverse side of this application. 8. Loan Requested 9. Attach a copy of the resolution by the governing body transmitting this application. *Total grant amount requested may not exceed 75 percent of the total cost of the work program. 8 TOM HAGEDORN DISTRICT OFFICES: 2ND DISTRICT,MINNESOTA IIIJJJ P.O.Box 3148 COMMITTEES: MANKATO,MINNESOTA 56001 (507)387-8226 PUBLICAGR1WOR SRAND E CoUgrefz of ttje tittittb 'tate 211 SOUTH NEWTON STREET TRANSPORTATION ALBERT LEA, MINNESOTA 56007 3ou1SE of R epregentatibeO (507)377-1676 WASHINGTON OFFICE: RONALD K.ENCE 2344 RAYBURN HOUSE OFFICE BUILDING �V �y ADMINISTRATIVE ASSISTANT WASHINGTON,D.C. 20515 'L(�at ti���Qtt, .�� 2 515 (202)225-2472 'R -' ;1`.'T'A,... September 3, 1982 ` ` ,,, SEP i. 31982 CITY( SHAKOPEE Mr. John K. Anderson City Administrator City of Shakopee 129 E. First Avenue Shakopee, Minnesota 55379-1376 Dear Mr. Anderson: Thank you for your recent letter regarding H. R. 6296, the Housing and Urban-Rural Recovery Act of 1982. At this time, this legislation has not been scheduled for action by the full House. However, I would assume that action will be scheduled some time in the near future since there are programs contained in the bill which will expire without reauthorization. There are problems with the bill, however, because it is considerably higher in funding levels than was requested. Your comments will be kept in mind when this legislation comes to the floor. It was good of you to write. Sincerely your , / ig./:„0„, , Tom Hagedor Member of Congress TH;sdh -.....C.g:Arnc n a - _' ...� � r2 f'far, r i is i. r . nr•rr.. I '.-< ., • I .f it K IU P!M u)' CDU) .7 M!r) Miu)N r iW r)N :0' N 'W NCO. T) U' '•,r O.4Ar)C UI.'1 i0.. •. • • • • • •I• • • • •'• • • • • • • • • • •' • • • • • • • • • I N,W M PIP', C:, 0•VI M O.'.r IN r M 4% U 1•M M r.: 40 . 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N IN`! 4'it �h • • O SLZ' N < it C h1Z • O I• ^ •, 7 C n^ 0 AIe ; Y:.[ < O O ;I� 17:: 7 I: O �J/-,.___.,._,..1._..)l' Volume I r ��qy t 11 n Issue 1 19u2 rATSEP HE S-I LETTER CITYPri O P OF ��� t: E This issue of the 5-1 Letter marks its reinstatement after an absence of two years. We will be distributing the letter on a quarterly basis and hope to restrict its contents to meaningful subjects to which you may not be exposed by other publications. We seek your indulgence with cur method of addressing your copies of the letter, which is designed to reduce high postage costs. We also seek your cooperation in distributing the letter to those addressees. In the event you desire additional copies please contact us. Bonds and Assessment Rates 1982 amendments to Minnesota bond law revised the maximum permitted interest rate by tieing the rate to the level of the Bond Buyer's Index of 20 municipals plus 1% and rounded to the next highest percent per year. Obligations payable wholly or partly by special assessments or which are not secured by general obligations of the unit may bear interest at one additional percent per annum. The Commissioner of Finance is to determine on or before the 20th of each month the rate for the next month. On August 20, the BBI was 10.82. Therefore the maximum general obligation rate for September will be 12%. The maximum rate for improvement bonds secured by assessments and other non-general obligation bonds will be 13%. The maximum rate for interest on special assessments may not exceed the greater oft a. The maximum rate the obligations may bear for the month in which the resolution a1;thorizinq the assessments was adopted, or b. Any rate permitted under another authorization or city charter pursuant to which the assessments were levied. Legal questions hove been raised as to what "the resolution authorizing the special assessments" means. If it means the resolution adopting the assessment rolls, those communities selling bonds one year and adopting assessments months later or even the next year face a risk in this volatile market of being unable to set the assessment rate equal to the rate on bonds sold to finance the project. We suggest you ask legal counsel about revising slightly all resolutions which award the sale of improvement bonds so as to include a provision that the special assessments pledged to the payment of bonds are authorized on the day the obligations are sold. This may provide a legal basis for being able to establish the assessment rate at least at the maximum rate permitted on the bonds during the month of sale. S-I also suggests you be cautious about designating the maximum permitted rate for inclusion in official notices of sale. Since the BBI fell 104 basis points on August 19, it is obvious a sale to be held in September will have a different rate limit than when the sale was set in August. S-I monitors the maximum permitted rates by month and we will be happy to provide you the applicable rates upon call. Bond Ratings The rating agencies have taken a very conservative position on the credit evaluation of units of government, with the result that seven Minnesota communities have experienced a reduction in ratings since January I, and few have been ungraded. One of the rating agencies' primary concerns remains the uncertainty of continued state aid availability, and how each community plans to balance its budget in the event of future SPRINGSTED INCORPORATED PUBLIC FINANCE ADVISORS 800 Osborn Building • Saint Paul, Minnesota 55102 • (612) 222-4241 reductions and/or additional delays in payment. Fund balances, always important, are taking on increased significance. S-I is seeing more mid-year fund deficits than in recent years, although most units don't seem to be in a critical stage at present. Tax Anticipation Certificates Shrinking fund balances may create a need for interim borrowing through issuance of tax anticipation certificates, and will result in increased use of equipment certificates. In many cases the sale of these obligations can be negotiated at competitive rates not available locally, and with minimal issuance costs. If you wish to discuss the advantages or disadvantages of issuing either type of certificate after completing your 1983 budget process please contact us. Tax anticipation certificates cannot be issued until after January I of the year for which the taxes will be collected, but it is best to plan for such issues in advance, since an examination must be made to determine compliance with both state and federal regulations. Authority for issuance of tax anticipation certificates is restricted to statutory cities and those charter cities with specific authorization. Mortgage Revenue Bonds The recent federal tax bill relaxed the arbitrage restrictions for these issues, permitting a spread of 1-1/8% between bond rates and mortgage rates. This will make it more financially feasible to issue the bonds. However we think based on preliminary data, the total permitted volume of bonds is still subject to individual statewide limits, unless authorization prior to April 24, 1979 exists. Some of you may be contacted by underwriters relative to a sale. S-I has served as financial advisor on a number of local housing bond issues and we would be pleased to meet with you on a no obligation basis to discuss this subject. Communities considering the issuance of these bonds may want assistance in underwriter selection, development of mortgage standards and policies, document review, interest rate review and evaluation of cash flow projections. Bond Registration The federal tax bill was expected to require registration of all Industrial Development Bonds issued after January I, 1983. What we got was an apparent requirement that all local obligations will be subject to registration after that date. This will have a significant impact on the sale and use of tax-exempt bonds. It will cause the elimination of bearer bonds, will eliminate interest coupons, will increase issuance costs and may increase to a small degree interest rates initially. As planning for implementation of registration is completed we will keep you informed of the revised requirements. Market Musings The volatility of all financial markets was amply demonstrated during the week of August 16 through 20. Unfortunately, reinvestment rates fell even faster than bond rates. To our knowledge, no one accurately predicted in advance the extent of the rate reduction. The life cycle of this reduction, and the chance for further improvement, is unclear. Our advice remains unchanged; that is don't try to play the market. If you need the money and can afford the interest rate, sell your bonds when necessary. The financial pages are full of bankruptcy news on a number of "market players." Thought for the Month "One of the problems with the Present is that the Future isn't what it used to be." . . . An Unnamed S-I Employee /6 EHLERS AND ASSOCIA'T'ES, INC. FINANCIAL SPECIALISTS FIRST NATIONAL-SOO LINE CONCOURSE 507 MARQUETTE AVE. MINNEAPOLIS. MINNESOTA 55402 339-8291 (AREA CODE 612) File: Financial Specialists: Ehlers and Associates, Inc. Please distribute to governing body members - September 1, 1982 Newsletter The tax-exempt bond market continues to be very volatile, with interest rates dropping as the Fed reduced the discount rate and allowed the money supply to increase - as it has previously done when the federal government required large amounts of new money. Massive federal borrowing would normally be expected to cause a sharp increase in interest rates but the exact opposite seemed to occur, at least for a time, perhaps because of the Federal Reserve Bank's accommodation of the federal government in its financing. The prospect of federal borrowing may be a financing window to look for. Also, a well-read financial commentator, who was previously very bearish on interest rates, reversed his position. Construction Programs Now? Everybody "knows" that times are depressed, and conventional thinking says that a government should not embark on new projects or incur high interest rate debt. It is hard to think of building when the local economy is down, but contrary thinking says that now is really the best time to buy capital improvements. Contractors are short of work, willing to work for less profit, can pick the best, most productive workers, and project costs are 20% to 30% lower. So, even if interest rates are high, if the principal amount is less the overall cost will be lower. For example, suppose one anticipates contracting a future $1 million project at, let us assume, 9% interest over 20 years. If, instead, one undertakes the project now for $700,000 (30% less) at 11% interest, the annual debt service would be $21,600 less or, over 20 years, $432,000 less. The saving would be even greater if the $700,000 were amortized over a shorter period within the annual debt service required by the $1 million loan. In addition, the community will have had use of the facility and an important source of local employ- ment at a critical time. If you think that the economy will recover, that the community's ability to pay will improve, this now may be the best time to buy a capital project. * * * * * * * * * * Those expecting to issue tax or aid anticipation certificates should be doing their monthly cash flow analyses now for early borrowing. * * * * * * * * * * A Couple of Company Notes: Seegar Swanson, Jr. VP, has moved his residence to Brookfield to be closer to our Wisconsin clients. His phone number is (414) 785-1520. Marilyn Gulke and Steve Apfelbacher continue to serve Wisconsin from the Minneapolis office. * * * * * * * * * * In response to Minnesota city officials' comments on our cash flow seminar, we have scheduled a repeat with two sessions to be held prior to the levy of taxes for 1983. Some wished that these seminars could cover some subjects in more depth. Therefore, by eliminating some topics, we will spend more time on items essential to the budgetary and tax levy process. The repeat program (with some changes) will consist of two separate sessions on Wednesday, September 15 from 9:00 A.M. to 4:30 P.M. and again from 7:30 P.M. to 9:30 P.M., at a location to be announced in the metro area. The first session will be more detailed, going into technical aspects which will be of interest to elected and, especially, administrative people. The evening session will be capsulized and designed especially for policymakers (mayors and council members) but those attending the day session will be welcome on a "space available" basis. Hoping that you had an enjoyable summer, we are Very trul .ours, EHLE': s 'SSP I S �N •• tL. le s 3 ox OA 3 42 m2 0 .-. -'A - l X. a llry O.• rt n m Cr i 3. O m a -.00• -.3 r O 0 00-•N'- _ w O 13 0 0 0 Cr n O. T 0 00 0 O I> 3!D N c 0 ?m a a J m- ll 0 O£.31-017--._ 0 3 J n n m ' • O 00' 01 O 0 0mn•m< CO b Cu Ste• �' , NCro• OJ c _nZ �m Om.m+m O to n 0 ? 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N N w A A N N N vm N N N N N we N N at Nese NNNN N N NNN N Nat at N N N N N• NMN A ➢ D A 0 o A ➢ d ry d A D Y A r r a.-. 2 F•,, D A d A ➢ 3 P A P // MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION (Regular Meeting) The Shakopee Public Utilities Commission convened in regular session on August 9, 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, Superintendent Leaveck and Secretary Menden. Motion by Nolting, seconded by Kirchmeier that the minutes of the July 7, 1982 regular meeting and the July 13, 1982 special meeting be approved as kept. Motion carried. BILLS READ: City of Shakopee 20,032.00 AirComm, Inc. 45.00 Auto Central 77.35 Battery Tire and Warehouse 34.23 Boardman, Suhr, Curry and Field 2,318.28 Burmeister Electric Co. - 1,375.80 Capesius Agency, Inc. 651.00 Chanhassen Lawn and Garden 15.75 Chicago and Northwestern Transportation co. 60.00 City of Shakopee 1,114.78 Clay's Printing Service 50.90 Dicks Service 10.00 Dyna Systems 94.19 Feed Rite Controls, Inc. 1,302.51 General electric 26.40 Graybar Electric 3,529.86 H & C electric Co. 202.50 Harmons Hardware Hank 15.56 Pfeifer and Shultz, Inc. 1,890.29 Jerome Jaspers 5,495.50 Krass, meyer, Kanning and Walstrom 771.80 Lathrop Paint and Supply 72.29 Layne Minnesota Co. 177.08 Leef Bros. , Inc. 15.50 Minnesota Electric Supply Co. 1,443.69 Environmental Quality Board 371.55 Motor Parts Service 49.99 Ted Neisen 88.00 North Star Waterworks Products 307.92 North Supply Co. 712.08 Northern States Power Co. 216,292.90 Northern States Power Co. 1,590.40 Northern States Power Co. 287.65 Northwestern Bell 484.44 Olsen Chain and Cable 55.39 Peat, Marwick and Mitchell and Co. 7,771.00 Pitney Bowes 73.50 Reynolds Welding Supply Co. 21.77 Schoell and Madson, Inc. 2,678.75 Scott County Sheriff 344.36 Serco 70.00 Shakopee Ok Hardware 12.36 Shakopee Lumber Co. 41.64 Shakopee Public Utilities Comm. 138.36 Shakopee Services 18.00 Starks Cleaning Service 25.95 Shakopee Valley News 131.34 Suburban engineering 70.00 Suel Business Equipment 9.75 Total Tool Supply Inc. 200.56 Truck Utilities and Mfg Co. 105.42 Twin City Water Clinic 5.00 Valley Industrial Propane 10.43 Lou Van Hout 72.60 John Vohnoutka 662.22 Water Products Co. 758.97 Westburne Supply Inc. 118.31 Motion by Kirchmeier, seconded by Nolting that the bills be allowed and ordered paid. Motion carried. Manager Van Hout reported on the Northern States Power Co. acquisition. Our consulting firm is still waiting for the data to be sent from Northern States before a target date can be set for the next meeting. The status of the Minnesota Valley Electric Cooperative acquisition was also reported. The appeal has been made by our attorney in our behalf, A court date should be set in the near future. Motion by Nolting, seconded by Kirchmeier that the Shakopee Public Utilities Commission agree with the draft agreement with Minnesota Valley Electric Cooperative in regards to Danny's Construction with the following exclusions: item 4C to be deleted,item 4A to be corrected to read: "Notice by the Cooperative that the Cooperative desires to commence service at the Company's facilities, with three phase service at no installation costs to the customer." Motion carried. Manager VanHout reported on the lawsuit by Mr, Raymond Houle against the City of Shakopee. The matter has been turned over to our attorney and insurance agent. f Manager VanHout commented on the memo sent out to the Commission on July 20, 1982, regarding electric transmission rates. More information will be forthcoming. It was reported that Well #6 is complete and will be accepted as such. Motion by Kirchmeier, seconded by Nolting that the Shakopee Public Utilities Commission accept the completion of Well #6. Motion carried. The Bluff Ave. watermain oversizing was discussed along with the method of financing. As soon as the figures are obtained from the engineer,action can be taken. The Longview Subdivision was presented by Manager VanHout to the Commission. The location of the subdivision was presented and the possible oversizing of the watermain for the subdivision was discussed. The cable T.V. pole joint use agreement was discussed. Liaison Wampach reported on a change order #1 for the pumphouse by well #6 designating a decrease in the amount by $262.05 was approved by City Council, since this project is part of the K-mart tax increment project. Liaison Wampach also reported on a problem with the Sanitary sewer for Thomas Pumper and the fact that there might also be problems with the water service. The office remodeling was discussed. An outside firm will be consulted once the preliminary planning has been done. Superintendent Leaveck reported on the fire calls for the month of July, 1982, being a total of 1 hour and 5 minutes for 3 fire calls. Superintendent Leaveck reported no loss time accidents for the month of July, 1982. The next regular meeting will be held on September 8, 1982, at 4:30 P.M. Motion by Kirchmeier, seconded by Nolting that the meeting be adjourned. Motion carried. ags' 4'/Q:‘177r- uis VanHout, Manager TENTATIVE AGENDA SHAKOPEE PLANNING COMMISSION Adj . Reg. Session• Shakopee, Minnesota September 23, 1982 Chrmn. Schmitt presiding 1) Roll call at 7 : 45 P.M. 2) Request for a Temporary Occupancy Permit for a portable classroom for St . Mark ' s School to be located on Lots 1 & 2 , Blk. 33 , Original Shakopee Plat . Applicant : Virgil Mears Independent School District No. 720 505 South Holmes Action : Recommendation to City Council 3 ) Other Business 4 ) Adjournment Don Steger City Planner CITY OF SHAKOPEE TENTATIVE AGENDA BOARD OF ADJUSTMENT AND APPEALS Adj . Reg. Session • Shakopee, Minnesota September 23, 1982 Chrmn. Schmitt presiding 1. Roll Call at 7 : 30 P .M. 2. 7 : 30 P.M. PUBLIC HEARING: Variance request to exceed the two- story or 25 foot height limitation in a B-1 Zone for Lot 4 , EX. N 10' and all of Lot 5, Block 1, Furrie ' s 1st Addition. Applicant : Shakopee Professional Group, 1221 E. 4th Ave. Action : Variance Resolution No. 320 3. Other Business 4 . Adjournment Don Steger City Planner CITY OF SHAKOPEE TENTATIVE AGENDA Housing and Redevelopment Authority in and for the City of Shakopee , Minnesota Special Session September 21 , 1982 Chairman Leroux presiding 1 . Roll call at 8 : 00 p.m. or thereafter. 2 . Accept Special Meeting call . 3 . Approve minutes of September 7 , 1982 . 4. Authorize land purchase ( See Council item 9a ) 5 . Other business 6 . Adjourn Jeanne Andre Executive Director PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY SPECIAL SESSION SHAKOPEE, MINNESOTA SEPTEMBER 7, 1982 Chrm. Leroux called the meeting to order at 8:48 P.M. with Comm. Vierling, Lebens, Wampach and Colligan present. Also present were Jeanne Andre, HRA Director; John K. Anderson, City Admr. ; Julius A. Coller, II, City Attorney, Judith S. Cox, City Clerk and Eldon Reinke, Mayor. Lebens/Vierling moved to accept the special meeting call. Motion carried unani- mously. • Vierling/Colligan moved to approve the minutes of August 17, 1982 as kept. Motion carried unanimously. Discussion ensued regarding the Commercial Rehabilitation Loan and Interest Reduc- tion Programs. Chrm. Leroux asked to see a schedule setting forth how much money is available for loans. The HRA Director stated that according to initial estimates by O'Connor and Hannan, the City will be able to write-down up to $120,000 in 1982, and around $200,000 in 1983-4. However this estimate was revised in a subsequent run to be $200,000 in 1982 with an additional $200,000 to $300,000 in the next 2-3 years. The HRA Director had just one computer printout of the revised nm, so made copies for all. Discussion followed. Dan Steil further explained how he thought the numbers had been figured in the schedule. Mayor Reinke asked if the City could get an amortization schedule. Further discussion followed. Cncl. Colligan expressed his concern about loan balloons for three years pre-empting planning for future loans. Dan Steil stated that even if a loan balloons in 3 years, bankers set up the payments for 10 years, and that is the timethat should be set aside for the money. The 3 year ballooning time is just for re-financing. He sug- gested some wording could be inserted to protect the borrorer, to the effect that the bank will agree to borrow the money for a set amount of time with the bank guaranteeing it will not call in the loan at the re-financing time. Colligan/Vierling moved to amend the Program Description and Guidelines set forth in Resolution No. 82-9, page 5, Section D, to state, "Lender agrees to a loan for a fixed period of time with allowances for interest negotiation at periods to be set by the lender." Motion to amend carried unanimously. Colligan/Vierling offered Resolution 82-9 as amended, A Resolution Determining To Operate A Commercial Building Rehabilitation Loan Program and an Interest Reduction Program in Downtown Shakopee, and moved its adoption. Motion carried with Cncl. Lebens opposed. Colligan/Wampach moved to adjourn. Motion carried unanimously. Meeting adjourned at 9:47 P.M. Teanne Andre, = HRA Director Diane S. Beuch Recording Secretary 1'i,N 1Ri'1 Vi; AGi NiiA ADJ .REG.SESSION SHAKOPEE, MINNESOTA SEPTEMBER 21 , 1982 Mayor Reinke presiding 1] Roll Call at 7 :00 P.M. 2] Approval of Minutes of September 14, 1982 3] Communications: a] Association of Metropolitan Municipalities re : urging support of the proposed Highway Bonding Constitutional Amendment by adopting Resolution No. 2055 4] Liaison Reports from Councilmembers 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS : 6] Old Business: a] Setting Terms for Payment of Deferred 1967 Off Street Parking Special Assessments - Res. No. 2046 b] Alley Maintenance Between Holmes & Fuller No. of 10th, tabled 9/7/82 (bring 11n of 9/7 agenda) c] Thomas Pumper Sanitary Sewer Service, tabled 9/7/82 (bring 11L of 9/7 agenda) d] New On Street Parking Restrictions for the Snow Season e] Prohibiting Construction on an Easement - Ord. No. 96 f] Awarding bids on the street construction of Levee Drive from Atwood to Scott - tabled 9/14 (memo on table) 7] Planning Commission Recommendations: a] Final Plat of Long View Estates 1st Addition - Res. No. 2048 b] Recording of Shimek ' s 1st Addition c] Amendment to Subdivision Regulations Requiring Acreage Computations on Preliminary Plats - Ord. No. 105 d] Vacation of Ramsey Street North of Shakopee Avenue - Res. 2050 e] Amendment to Zoning Regulations Regarding Lot Provisions - Ord. 106 8] Resolutions and Ordinances: a] Res. No. 2.054, A Res. of Appreciation to Diane M. Heinz b] Res. No. 2049, Establishing A Fee for Applications for Variances or Amendments to the Cable Franchise Ordinance c] Res. No. 2052, Approving Plans & Specs and Ordering Storm Sewer Lateral Improvements to Block 2, Timber Trails 82-5 d] Res. No. 2051 , Approving Plans & Specs and Ordering the Improvement to the Alley in Block 50, Shakopee City 82-4 9] New Business: a] 8 :00 P.M. PUBLIC HEARING - To consider the amendment to the elderly highrise tax increment project area adopted by the HRA on August 17, 1982 (Res. No. 2047) b] Recess for an H.R.A. meeting c] Reconvene d] 8 : 15 P.M. PUBLIC HEARING - 1982 Community Development Block Grant e] Authorize payment to Midwest Pavement Management, Inc. f] 82-2 Valley Industrial Blvd. So. Roadway Construction: aa] Approve Change Order No. 3 bb] Approve partial payment in amount of $17, 696. 26 g] Authorize Payment of Bills in Amount of $199, 623. 57 10] Consent Business: a] CR-83 Widening and Paving - Change Order No. 1 b] Authorize Advertising for bids for health & life insurance c] Authorize Restricted Parking on Lewis Street Near 10th Ave. d] Memorial Park Pond Algae Control 11] Other Business : a] 1983 Proposed Budget b] 12] Adjourn to Tuesday, September 28, 1982 at 7 :00 P.M. John K. Anderson, City Administrator OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA SEPTEMBER 14, 1982 Mayor Reinke called the meeting to order at 8 : 04 P.M. with Cncl . Leroux, Vierling, Lebens , Wampach and Colligan present . Also present were H. R. Spurrier, City Engineer ; Jeanne Andre , HRA Director and John K. Anderson, City Administrator. The awarding of bids for Levee Drive was discussed by the City Engr. who said that he would recommend tabling the item until September 21 , 1982 . Leroux/Vierling moved to table the awarding of bids on the street con- struction of Levee Drive from Atwood to Scott until. September 21 , 1982 . Motion carried unanimously. The awarding of bids for the 1982 Pavement Preservation was discussed by the City Engr. He recommended awarding the bid to the low bidder, Hardrives Inc . , in the amount of $77 ,261 . 50. Leroux/Colligan move to approve the low bid of Hardrives , Inc . in the amount of $77 ,261 . 50 for the 1982 Pavement Preservation Program to be paid from the General Fund. Motion carried unanimously. The City Admr. reviewed the memo regarding the promotion of Pat Mohrbacher. Colligan/Vierling moved to promote Pat Mohrbacher to the position of secretary, clerical Level V, with a pay increase to $1177 .00 per month, and aut'norizedthe police department to fill the clerical position, secretary clerical Level III , created by Mrs . Mohrbacher' s promotion. Motion carried unanimously. The City Admr. then opened discussion of the proposed 1983 Budget and asked Council to direct questions to Jeanne Andre , HRA Director , regard- ing the HRA Budget . The Mayor asked Ms . Andre about the 75% - 25% split of her time between the HRA and general Administration. Ms . Andre said it was an estimate, but is based upon expected work loads for 1983 . The Mayor then asked about the City ' s telephone service cost as it related to the HRA and other divisions in the City. Council discussed the pros and cons of purchasing a system or continuing with Bell Tele- phone, but arrived at no consensus for action. Cncl . Leroux discussed the Sewer Fund and the philosophy of user fees vs . taxes to pay for services . The Mayor discussed overtime as an overall issue related to all depart- ments and the need to use more comp time to hold down costs . It was decided, after considerable discussion, to take up the subject later. Cncl . Colligan suggested that the Council discuss a policy for the maximum amount for the fund balance for the Capital Equipment Fund. It was decided that this should be done at the next session. Council then discussed the proposed 10% tax increase and how much of the 10% Council felt was appropriate for 1983 . Cncl . Leroux then suggested that Council might like to keep the City 1983 mill levy the same as the 1982 mill levy, that is any increase in total tax dollars levied would be balanced by the growth in new 1983 tax base . There was considerable discussion on this proposal . The City Admr. then listed possible methods to get to the goal of no mill increase. Cncl . Leroux also suggested a method of covering potential short falls in State Aid if recent State revenues fall off like they did in August using the General Fund fund balance which is currently projected at 31% of 1983 operating expenses . Cncl . Colligan then asked staff to look for $64 ,000 in cuts that would come from operating expenses . Council agreed with this approach after considerable discussion. Vierling/Colligan moved to adjourn to an executive session for a dis- cussion of labor negotiations at 11 : 08 P.M. Motion carried unanimously. Shakopee City Council September 14, 1982 Page Two Leroux/Colligan moved to reconvene as Council at 11 : 25 P.M. Motion carried unanimously. The City Admr. then reviewed briefly the pay plan proposal which will be discussed at the next session, the items in his September 10 , 1982 memo under Key Decisions , handed out a memo on Employee Assistance Programs , and the Library' s request for the City to share in the cost of an alarm system. The City Admr. asked for Council direction on the last item and Council decided not to participate in the cost of pur- chasing and installing the alarm system because it had not done so under similar circumstances for the Eagle Creek Town Hall building owned by the City. Coiligan/Leroux moved to adjourn to September 21 , 1982 at 7 : 00 P .M. Motion carried unanimously. Meeting adjourned at 11 : 38 P.M. John K. Anderson City Administrator & Recording Secretary • J cC./ 41,4mho BULLETIN association of metropolitan municipalities September 3, 1982 TO: Chief Adrvinistrater Officials, SE? 7 ?92 ANN Member Cities Crrf °F W- FROM: Vern Peterson, Executive Director There are three items I would like to bring to your. attention: 1. CO a 5 DI TUTIONAL ='F ti D'•+E NT #2, HIGHWAY BONDING The ANN Transportation Committee and Board of Directors have considered the pro_osed Highw_u Bonding Constitutional Amendment and adopted a position of active support. The constitutional limitations on both interest rate and dollar amounts for highway bonding are obsolete and totally out of step with current economic conditions and highway needs. {jaw The ILMM Board would urge member cities and officials to take an active role in 44 support of ame_dr nt number two. We are providing a fact sheet and model resolution for :cur consideration. it is hoped that because of the magnitude and impact of hichway needs in the Metropolitan Area, your city will support QSJ the issue, atte=pt to gain publicity and support through your local news media, C)( and attempt on a_n individual basis to influence positive support from your constituency. This amendment was before the voters in 1980 and did receive a substantial majority vote from those voting on the issue. However, to pass a constitutional amendment needs a majority vote of all persons voting. Thus, those not voting yes or no are counted as no. It is our hope that you, as local officials, will take the initiative on this extremely important issue. 2. AMM MEMBERSHIP MEETING TO ADOPT LEGISLATIVE POLICY - NOVEMBER 18, 1982 For your advance planning, there will be a general membership meeting on Thursday evening, November 18, 1982. The purpose of the meeting is to adopt Legislative Policy for the next Legislative Session beginning in January of 1983. A meeting notice with the complete meeting details and copies of the proposed policies will be mailed in early October, but please reserve the date now. 3. REGIONAL MEETING - LMC AND AMM CO-SPONSORED - SEPTEMBER 16, 1982 IN MAPLE.'OOD - REMINDER Recently you should have received a notice and invitation for the Regional Meeting of the League of Minnesota Cities, co-sponsored by the Association of Metropolitan Municipalities. The meeting will be held on Thursday, September 16th. at the 183 university avenue east, st. paul, minnesota 55101 (612) 227-5600 -2- Holiday Inn in Maplewood with both afternoon and evening sessions. To better meet the needs and interests of city officials in the Metropolitan Area, some changes are being made to the evening meeting agenda. Clyde Allen, State Commissioner of Revenue, will be present to update you on the overall state financial picture and any bearing it may have on municipalities and future state aid, levy limits, etc. We are hoping that Gordon Voss, State Represent- ative from Blaine and Chairman of the House Committee on Local and Urban Affairs, and Chairman of the Local Policy Task Force, will also be present to brief you on what is happening with the Local Policy Task Force. As you may know, the Local Policy Task Force was created by an executive order of the Governor to get a better handle on the interrelationship between the State and Local units of government including the financial relationship. Both of these briefings should be of interest! Reservations should be made with the City of Maplewood which is hosting this meeting.Other portions of the evening program will be shortened to accommodate those presentations so as not to add to the overall time allocated to the evening session. WE REQUEST THAT THE ADMINISTRATIVE OFFICIAL RECEIVING THIS BULLETIN COPY OR DISTRIBUTE THIS INFORMATION TO THE APPROPRIATE OFFICIALS IN YOUR CITY. • FACT SHEET CONSTITUTIONAL AMENDMENT ON HIGHWAY BONDS-AMENDMENT #2 1. The amendment does two things : - removes obsolete 5% interest limit (established in 1920) - removes $150 million cap (established in 1956) 2. Passage of the amendment will : - immediately remove an impediment to the sale of $19 million of previously authorized bridge replacement bonds - provide an additional highway funding option to future legis- latures and administrations 3. The urgent need for transportation funding continues. - road use is increasing - the dedicated highway fund is not sensitive to inflation and continually falls behind the level of need - the current funding level , called "patch and repair level" is really sub-marginal in meeting road user needs - based on current funding roads are reconstructed once every 370 years - almost 500 bridges on the Trunk Highway system are deficient 4 . Passage of the amendment is a small step towards improving eco- nomic vitality of Minnesota . - will enable improvement bridge replacements - will provide jobs (53 jobs are created either directly or in- directly from every one million dollars spent on highway con- struction) 5. The groups that have voiced support for passage are a good indi- cation of the importance this change has for Minnesota. - Labor - Business - Agriculture - Highway Users : Cars & Trucks - Highway Action Groups -- State Executives - Legislators and Candidates 6. There are no known organizations in opposition. Question to appear on November Ballot: "Shall the Minnesota Constitution be amended to remove restric- tions on the interest rates for and the amount of Trunk Highway Bonds?" Yes No RESOLUTION NO. 2055 A RESOLUTION SUPPORTING CONSTITUTIONAL AMENDMENT #2 AN AMENDMENT TO THE MINNESOTA CONSTITUTION ON HIGHWAY BONDING, TO REMOVE RESTRICTIONS ON THE INTEREST RATES FOR AND THE AMOUNT OF TRUNK HIGHWAY BONDS WHEREAS , the City Council of the City of Shakopee has reviewed the facts concerning the need for a Minnesota Constitutional Amend- ment removing Highway Bonding Restrictions in the Minnesota Con- stitution, and WHEREAS, finds that a 5% interest rate and $150 million maximum borrowing amount are obsolete in current economic times , and WHEREAS , recognizes the urgent need to provide flexibility to the state legislature and administration to be able to adequately fund necessary Trunk Highway and Bridge repairs and replacements , and WHEREAS , believes that additional capability to support good highways will also aid in improving the economic vitality of Minne- sota and the City of Shakopee by providing more jobs and transpor- tation facilities for the movement of goods and materials in the state . NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shakopee , County of Scott , State of Minnesota, the Constitutional Amendment #2 , an amendment to the Minnesota Constitution to remove restrictions on the interest rates for and the amount of Trunk Highway Bonds , be supported, and BE IT FURTHER RESOLVED, that the City Council of the City of Shakopee urges all residents of the City voting at the November 2 , 1982 election, to cast a 'yes ' vote for Constitutional Amendment #2 . 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 . (f-1(t / MEMO TO: John K. Anderson, City Administrator FROM: Gregg M. Voxland, Finance Director RE: 1967 Parking Lot Assessments (Deferred) DATE: September 17, 1982 Introduction The deferred 1967 Parking Lot assessments have reached the 15-year point (See memo dated 9-2-82, Council Meeting 9-7-82) . Affected property owners were mailed a letter informing them of proposed action. Several owners contacted City Hall stating that they were told that the assessment would be deferred until the property converted to commercial use or cancelled. (This memo/issue deals only with the "B" or deferred portion of the 1967 Parking Improvement Assessment Roll.) Background Pursuant to property owner's inquiries, staff went back into the old files and minutes and found the attached material. The minutes of Council meetings show only the Resolutions offered/adopted and that discussion was held, no detail on what the discussion was. The Resolutions covered (205, 215, 222) are included with 9-2-82 memo referred above. Next, staff found two of the notices of hearings for the Resolutions. The hear- ing on the 12th of September was for Resolution 205 and the hearing on the 28th of November for Resolution 215 (notices attached) . Thusly, it appears from the documents staff has on hand, that the following sequence of events occurred. A. Published notice and letter to property owners for the 9-12-67 hearing states that assessments are deferred until property converts to commercial/business use. B. Hearing for Resolution 205 starts on 9-12-67 and continues to 9-26-67 at which time Resolution 205 in adopted. Resolution 205 specifies assessments are due and payable when property is converted to commercial use during the period from adoption of the resolution to 1-1-83, or if not converted before 1-1-83, 45% of the assessment is due and payable on 1-1-83. C. There apparently was a problem with Resolution 205 or the process associated with it. Resolution 215 is for the re- assessment of the parking lots. D. Notices mailed to property owners informing them of the hearing on 11-28-67 (Resolution 215) make no mention of deferring assessments or the amounts involved. There was however, a letter apparently included with the notice that stated that the deferred assessments would be payable only when the property converted to commercial use. See attached notice and letter. E. Resolution 215 appears to have done the following: 1. Set aside the assessments (amounts) adopted in Resolution 205, but did not change the terms and conditions of pay- ing the assessments. 2. Adopted assessments on roll parts A & B. 3. Stated that "B" (deferred) assessments "shall be deferred until a later date or such time as the property is used for commercial purposes." Alternatives 1. Adopt Resolution 2046 making assessments payable over ten years. 2. Defer the assessment for another 15 years at which time the assess- ment is set aside unless converted to commercial use prior to the 15-year point in which event it is payable with interest. 3. Cancel the assessments. 4. A modification of one of the above. Recommendation The staff recommendation is based on previous council action. To be con- sistent, it is recommended that the assessment be made payable as shown in Resolution 2046. Resolution 215 says the assessments will be made payable at a later date or when the property converts to commercial use. Since no later date is specified, it seems that one should go back to Resolution 205 which specifies 15 years for the deferral. The 1967 Improvement Fund, of which these assessments are part of, is the fund that is in a deficit position. As shown on the 12-31-81 Annual Financial Report that Council has, the fund is $30,000 in the hole for cash and has $70,000 in bonds to pay off. The fund has scheduled tax levies of $53,700 of which $10,750 is not timely or sensible because it was scheduled for bonds that were paid off early and occurs after existing bonds are paid off. Therefore the fund needs about $100,000 ($70,000 in bonds to pay + $30,000 cash deficit) . The money can come from three sources: scheduled tax levy ($43,000) , assessments including these deferred assessments ($23,000) and the balance from additional tax levy or transfers in the amount of $34,000 plus. Action Requested Adopt Resolution 2046. GMV/mmr r. ' ... Official Minutes of the Common Council of the Cityof Shakopee, MinnesotaR otleo George's Direct Service 30.90 rried. ens be extended 90 days from C J� � Shakopee Medical Cen- Ald. Geske/Jasper moved to expiration dale. Motion car- SOF ter 55.00 continue assessment hearing to ' ned. COUNCIL Scott County Treasurer 157.50 Sept. 26th. Motion carried. Ald. J. Rein/Jasper offered ' SPECIAL Dr. B.-F. Pearson 35.00 Alda J: Rein/Jasper offered___.-- Res. No. CC-12 granting 6" (211-'4L/1.1-1 ' I Doctors Park 45.00 Res. No. 200 advertising for delight vari ince on fence per• NESOTA Key Laboratories Inc. 43.00 bids on $250,000 public gut- mit to henry Maas. Metlea car- 1967 Superamerica 24.52 provement bonds. Motion car- tied. Roll call: Ayes, Unani- o order by Fire Dept. Payroll 208.00 ried. Roll call: Ayes, Unan- mous. 1 P.M., with Ring Bros. Fire Ext. Co. 5.50 imous. Ald. Geske/C. Rein offered tsper, Chris- Mobile Radio Eng. Inc. 31.40 Ald. J. Rein/Jasper offered Res. No. 209 on snow removal ,?4.,. .e2._S - Rein, and McGovern's Garage 16.15 Res. No. 201 advertising for agreement with State Highway rresent. Dahms Photo Print Co. 43.00 bids on $200,000 municipal Dept. Motion carried. Roll call: 'own Boards Shakopee Lumber Co. 2,40 parking facilities bonds. Mo- Ayes, Unanimous. tckson, and Reynolds Welding Sup- tion carried. Roll call: Ayes, Ald. J. Rein/Geske offered �c,t 47 sent to dis- ply 6.20 Unanimous. Res. No. 210 on intent to va- of forming Fire Safety Corporation 107.91 Ald. C. Rein/Jasper moved ()ate 100 ft. segment of Jackson al'14-""� government Wm. Mueller & Sons 135.25 to open public hearing on pe- St. lying north of Tenth Ave. • IIayden-Murphy Equip, tition to re-zone north one-half Motion carried. Roll call: Ayes, Jasper mov- Co. 54.00 of Block Al. Motion carried. Unanimous. annexation Molnau Implement Co. 3.02 Ald. C. Rein/Geske moved to AId. Jasper/Geske moved to the balance Motor Parts Service 75.72 close hearing. Motion carried. set hearing on street vacation wnship and Hall Equipment Inc. 365.99 Aid. C. Rein/Geske offered per Res. No. 210 for 8:00 Township. Shakopee Hardware __ 1.20 Res. No. 204 re-zoning north o'clock P.M., October 10th. Mo- I call: Ayes, Riverside General Re- one-half of Block 41 to 13-5 tion carried. Roll call: Ayes, pair 11.50 (General Business) district. Mo- Unanimous. 9--2 I:- _-& J 'Geske mov- Thomas 58.98 tion carried. Roll call: Ayes, Ald. C. Rein/Geske offered ion carried. Mobil Oil Corp. 25.80 Unanimous. Res. No. 207 ordering removal mea., Lr;BENS Kopisca Oil Co. 32,40 AId. J. Rein/Jasper moved to of hazardous building on Lot. Adm. Assistant Farwell, Ozmun, Kirk & request Public Utilities to make 7, Block 17, Original plant. Mo- (Pub. in Shakopee Valley Co. 63.01 recommendation on installation lion carried. Roll call: Ayes, News, Sept. 28, 1967). (38663) Gentz Paint Store 23.90 of street light on Main St. be- Unanimous. Ess Brothers & Sons 27.00 tween 8th and Shakopee Ave- Alderman Geske was ex- Published Notice Motorola 58.80 rues. Motion carried. -- cu ed._- ----- Ald. C. Rein/Jasper moved PROCEEDINGS OF den 3.00 refer proposed vacation of seg- to open hearing on proposed THE COMMON COUNCIL Suburban Metalcrtft 7.90 meat of Jackson St. lying north deferred assessments on resi- REGULAR SESSION B & B Equipment 178.98 of Tenth Ave. to Planning ' dentia] properties for parking SHAKOPEE, MINNESOTA Shakopee Services 32.00 Commission for recottimenda- ', lot benefits. Motion carried. , SEPTEMBER 12, 1967 Gamble Store 9.38 tion. Motion carried. i Ald. J. Rein/Jasper offered Roll call at 7:30 P.M.-with Dean Smith Trenching 75.00 Ald. C. ReinJGeske moved to I Res. No. 205 closing public • Aldermen Geske, Jasper, Chris- Fox & Weiler Inc. 171.10 adjourn to Sept. 26th at 7:30 shearing, and setting out assess- ftie Rein, Jerome Rein, Presi- Flexible Pipe Tool Co. 150.00 P.M. Motion carried. iments for parking lot benefits. dent Berens and Mayor Sieb- Don Gilbert (rebate) 12.00 MEL LEBENS Motion carried. Roll call: Ayes, j enaler present. Burshek Hardware _ 6.88 Adm. Assistant Unanimous, _ Ald. J. Rein/Jasper moved to Kochnen's Sita n d a rd (Pub. in Shakopee Valley Alderman Geske returned and approve the minutes of August Serv. 483.79 News, Sept. 28, 1967). (38661) took his scat. 8th, 22nd, and 29th, changing Minnesota Natural Gas 23.92 Ald. C. Rein/Jasper moved Resolution No. "196" passed N.W. Bell Telephone Co. 228.83 Published Notice to adjourn to 12:30 P.M., August 8th, to Resolution No. Scott County Lumber CDST, Sept. 27th, 1967, when "198"; and approve the Menta- Co. 630.59 PROCEEDINGS OF the Council does so adjourn. five agenda for Sept. 12. Mo- AId. C. Rein/Geske moved to THE COMMON COUNCIL Motion carried. ADJOURNED REGULAR Ald. C. Rein/Jas r moved tion carried. pay the bills as read. Motion I Ald.Jasper/C. Rein moved to carried. Roll call: Ayes, Unan- SESSION to refer the garbage and refuse SHAKOPEE, MINN. read the bills. Motion carried. imous. proposals as presented by the GENERAL FUND Ald. J. Rein/Geske moved to SEPTEMBER 26, 1967 Mayor, to the Adm. Committee Miller-Davis Co. $ 33.85 open public hearing on pro- Meeting called to order at for recommendation on Octo- Clayposed 1968 budget. Motion car- 7:30 P.M. President Berens ber 3rd. ]lotion carried. w Printing Service 15.50 ith Aldermen Geske, Jasper, Ald C. Rein/Jasper offered Panama Carbon Co. 17.52 ried. Christie Rein, Jerome Reinand Res, No. 206 authorizing the Sliakopee Valley Pub- Ald. J. Rein/Jasper moved Mayor Siebenaler present. Mayor and the City Recorderdishing 146.10 to continue budget hearings to Communications were read to file a petition with the Mu- Martin A. Walsh (ream- 4275 SeAidt. 26th.Jasper/Geske offered from Rep. Ralph Jopp; School nicipal Comission for annexa- District 720; Rohr Mailing Co.; tion of the Townships of Eagle meat 105.36 No. 196 setting open-for o en- and Utility Supt. Lee Mormons. Creek, Jackson and Louisville. Jasper/C. Rein moved Motion carried. Roll call: Ayes, Oapesius Agency Inc. 339.34 irug bids on 1967 improvements tAid. Jaso refer street light report and Geske, Jasper, C. Rein and Premacks (uniforms) 100.00 for Oct. 17th. Motion carried, survey" from Lee Mariners to Pres. Berens. Noes: Jerome Eaetman Drug 2.53 Roll call: Ayes, Unanimous. Adm. Committee for recom- Rein. Johnson Equipment Co. 14.56 Ald. J. Rein/Geske moved to mendation. Motion carried. Alda C. Rein/Jasper moved Conrady Body Shop 50.00; open public hearing on pro- Ald. C. Rein/J. Rein moved to adjourn. Motion carried. Vinoe's Mobil 5.58 posed deferred assessments on that removal date on hazardous (Pub. in Shakopee Valley Western Oil & Fuel 29.85` Class II properties for munici• building notice to Milo Steph- News, Oct. 5, 1967). (38793) pal parking facilities. Motion Jp `2`s Official Minutes of the Commoni Council of the City of Shakopee, Minnesota 'ublished Notice tied. CAPITAL FUND Ald. Christie Rein/Jasper Olivetti U n d e r w o o d their approved, and deficit elle t tOCEEDINGS OF moved to instruct Public Utili- Corp. heir several financialles COMMON COUNCIL ties to install street light at in- T. A. Dahl ren 250.00 over subsequent leviesy s )URNED REGULAR tarseetion of lZth and Madison. Midwest Planning & Re- 18.00 inorder be ease the burden 3! -tSESSION Motion carried. about to imposed a the . AKOPEE, MINN. Ald. Christie Rein/Jasper Asearch Inc. 57.50 area taxpayers and th:uta certi- be TEMBER 27, 1967 moved to instruct the City At. move 1 toJp ply the hills as read forw:adein fied i d tofsaid s lloard sbefore ig called to order at torney to draft a one year lease deleting therefrom aii award Monday, October 16th. Motion M. CDST, by President with Minnesota Natural Gas for $19,650.00 for structures lo- carried unanimously. with Aldermen Geske, Company to maintain an emblem- rated on lots 6, 7, and 8, Block Ald. .tenon(' Itcln/G es k e 2hristle Rein, and May- na atop the city's water sphere, 30. Roll call: Ayes, Unanimous. moved to auljourn, at the call maler present. Alder- with an annual license fee of Aid. Geske/Jasper moved to of the Mayor. Motion carried. 'ome Rein was absent. $100.00, and endorsement of open hearings on 1968 budget. MELVIN P. LEBENS 'asperr/Geske moved to the company's present liability Motion carried. strativeistant Is on Off-street parking form to cover all contingencies Ald.Jerome Rcin/Geske mov- (Pub, in1nShakopee sValley Ind street improvement entailed 'therewith. Motion car- ed to close hearing. Motion News, Oct. 26, 1967). (38980) as submitted to Mr. tied. carried. Kuck of T. G. Evensen Ald.Jerome Rein/Ceske mov- Ald. Christie Rein/Jasper of- Published Notice ►dates. Motion carried. ed to read the bills. Motion fered Resolution No, 214 levy- •hristie Rein/Jasper of- carried. is'g $70,925.00 in taxes for PROCEEDINGS OF n. No. 211, awarding GENERAL FUND EXTRAORDINARY$200,000.00 off-street Crook and Manley Inc __$ 20.30 oumous. Roll callAyes, Unani- THE COUNCIL 'acility bonds to Amen- Topic Music & Cards __ 19.75 Ald. Geske/Jerome Rein mov- SESSION SPECIAL onal Bank of St. Paul, Construction Bulletin __ 32.80 ed to place Ordinance No. 273 SHAKOPEE, MINN. a, at an effective in- Miller-Davis 15.76 annexing a tract of land in OCTOBER 31, 1967 to of 4.0866%. Motion Sued Business Equip- Eagle Creek Township on first Roll call at 6:00 P.M., with Roll call: Ayes, Unani- ment 26.84 reading. Motion carried. Aldermen Geske, Jasper, .Ter- mous. West Publishing Co. 13.50 Ald. Jasper/Jerome Rein ome Rein and Mayor Siebenaler Ald. Geske/Christie Rein of- Shakopee ValleyPub Pared Res.. No. 212, awarding fishing moved the Council sit as a corn- present. 268.10 mittec of the whole to review Ald. Jasper/Jerome R e i n sale of $250,000.00 street im- Julius A. Colter II 2.00 plans for utilities warehouse moved to'accept the special call provement bonds to American Eastman Drug 8.23 building. Motion carried. of the Mayor. Motion carried. National Bank of St. Paul, Min- Strunk Pharmacy 3.32 Ald. Jasper/Jerome Rein Ald. Jerome Rein/G e s k e nesota, at an effective interest Ring Bros. Fire Ext. Co. 13.00 moved that the committee rise. offered Resolution 'No. 215,`` rate of 4.0866%. Motion car- Louis Engel 11.40 Motion carried. tied. Roll call: Ayes, Unani- Shakopee Motors, Inc. 80.85 Ald. Jasprovidingfor re-assessments. for car- MOUS. Motorola per/Jerome Rein parking facilities. Motion car- Ald. Christie Rein/Jasper Vince's Mobil Service 56.10 Commission oved that the Public for llbids mous.ities tied. Moll call: Ayes, Unanl- moved to adjourn. Motion car- Western Oil & Fuel Co. 15.89 on proposed building, and study Ald. G es k e/Jerome Rein tied. Dr. B. F. Pearson 15.00 alternatives to cut costs. Mo- moved to adjourn. Motion car MELVIIN P. LEBENS Shakopee Medical Cen- e City Recorder ter _ lion carried. tied. S (Pub. In Shakopee Valley Key habonalories, -Inc. 30.00 moved to(�place(hriOidinanceesestiRn Nio. Admnistral:iveMLVIN P. lBEAssistant News, Oct. 26, 1967). (38978) Scott County Treasurer 55.00 272 amending Ordinance No. (Pub. in Shakopee Valley Shakopee Fire Dept. 270 on first reading. Motion News, Nov. 23, 1967). (39256) Published Notice payroll 731.50 carried. Albinson 13.60 Ald. Christie Rein/Geske PROCEEDINGS OF Lyle Signs, Inc. 133.95 moved to appropriate COMMON COUNCIL Reynolds WeldingSup- $upgrade SHAKOPEE, MINNESOTA ply street capital funds to upgrade REGULAR SESSION Fox & Weiler11.75 'and alley adjacent area , the OCTOBER 10, 1967 Priebe Radio & TV 353.58 CBD and Rocalls. Mo- es, Meeting called to order by Motor Parts Service 2.10 tinn carried. Roll call: Ayes, President Beres at 7:30 P.M., Geo. Allem Garage Inc. 57.903. Unanimous.. Christie Rein/Jasper with Aldermen Geske, Jasper, Midway Dodge, Inc. Christie Rein, Jerome Rein, Riverside General Re- 9'27 moved to place Ordinance s271 on and Mayor Siebenaler present. pair vacating8.85 treea portionraof Jackson Aid. Christie Rein/Jesrome Hall Equipment Inc. 140.44 carried. Rein first reading. Motion moved to aperove r 1 he 26th Transport San tar Clearings 9.80 Ald. Jerome Rein/Christie and 2ofh as g - - 3.50 Rein moved to place Ordinance ries. kept. Motion car- Burshek Hardware _ 8..45 No. 274, vacating a portion of Scott County Lumber West Shakopee Avenue on first Ald. Jerome Rein/Jasper Inc. 12.84 reading, refer the same to moved to refer petition of Jos- Coast to Coast Store 7.46 Planning eph F, Topic for re-zoning to Gentz Paint StoreCommission fth decd Planning Commission. Motion Leo H. Heller 23.451.70 sion, and set hearing er4on carried. Shakopee Services 32.00 for Ald. Jasper/Geckember moved, in Ald. Jasper/Geske moved to Minn. Natural Gas Co. 29.68 the public interest, to recom- refer request of Chanhassen Vil- N.W. Bell Telephone Co. 224.32 mend that the Board of Educa- lage for reciprocal fire protea- IIennen's Skelly Service 406.46 lion of District 720 make every tion 'agreement to City Attor- Bonestroo, Rosene&As- possible effort to reduce their ney for drafting. Motion car- soc. Inc. 32.00 proposed local tax levy as pre- '1 ,4,t),,/,'0___ f c � 7 fit Official Minutes of the Common Council of the City of Shakopee, Minnesota Ji--- Published Notice Shakopee. Motion carried. Roll call: Ayes, Unanimous. PROCEEDINGS OF Ald. J. Rein/Geske moved 1u) THE COMMON COUNCIL to direct the Shakopee Public LLikilt.414-A-4 ADJOURNED REGULAR Utilities Commission to install MEETING street light at intersection of /� i_.4.��A SHAKOPEE, MINNESOTA 12th and Madison Street. Mo- UNOVEMBER 28, 1967 tion carried. Meeting called to order by Ald. Jasper/C. Rein moved President Berens at 7:30 P.M., to take letter of City Attorney with Aldermen Geske, Jasper, relating to condemnation of old Christie Rein,Jerome Rein,and mill off the table. Motion car- Mayor Siebenaler present. ried. //—,,-.4 �/. e Ald. J. Rein/Jasper moved Ald. C. Rein/Jasper moved lf- to open public hearing on pro- to reject offer of Kopp and As- posed re-assessment for 1967 sociates to convey the old mill parking facilities improvenicrtt property for$47,000 as present- as per published and mailed ed to the City Attorney through notice. Motion carried. the offices of Jerome Blatz. Ald. Geske/J. Rein moved to Motion carried. close public hearing after all 1 Ald. Jasper/Geske moved to interested persons were given I authorize the City Attorney to an opportunity to be heard, and I proceed in accordance with the after one written objection ! provisions of MSA 562.02, and thereto was read. Motion car- ,) file a motion with the District tied. Court requiring Kopp and As- " Ald. C. Rein/Jasper moved sociates to post bond in amount to place letter and claim of Mr. of $223,000.00 or have their and Mrs. Robert Hein on file. pendancy appeal before the Su- Motion carried. preme Court dismissed. Motion Ald. C. Rein/Jasper moved carried. to release hail money of Arvid Aid. J. Rein/Ceske offered D. Macziewski in the amount of Resolution No. 222 confirming $60.00. Motion carried, reassessment for 1967 parking Ald. J. Rein/Geske moved to facilities improvement. Motion release bail money of David I. k carried. Roll call: Ayes, Unani- Vezina in amount of $35.00. !mous. __ Motion carried. Ald7C. Rein/Jasper offered Ald. C. Rein/Geske moved ResoliiiIon No. 223 appmpriat- that the claims of Macziewski, ing proceeds of $250,000.00 Vezina, and Clarence Monnens street improvement bonds of be paid as read. Motion carried. 1967 to payment of costs of Roll call: Ayes, Unanimous. street improvement 67-2 and Ald. Jasper/J. Rein offered providing ad valorem taxes. Resolution No. 17-A as follows; Motion carried. Roll call: Ayes, BE IT RESOLVED BY THE Unanimous. COMMON COUNCIL OF THE Ald. Geske/J. Rein moved to CITY OF SHAKOPEE, MINNE- instruct City Engineer to pre- SOTA, That Resolution No. 17 pare cost estimates and pro- be, and is hereby amended to posed assessment rolls on sewer extend the operation period de- and water extensions on East scribed in Section B thereof, Fourth Avenue for reeommen- from November 15th to Decem- dation December 12th. Motion ber 31st. carried. Approved: Ray Siebenaler, Ald. C. Rein/Jasper moved to ATTEST: Melvin y }Se or adjourn. Motion carried. RecordernMELS P. LEBENS Alda C. Rein/Jasper moved Administrative Assistant to refer matter of (Pub. in Shakopee Valley proposed ac- News, Dec. 28, 1967). (39540) tivities layout of Memorial Park area to Administrative Committee for recommendation. Motion carried. Alda Geske/C. Rein moved to place Ordinance No. 276 es- tablishing voter registration on first reading. Motion carried. Ald. C. Rein/Jasper offered Resolution No, 213 ordering razing of dilapidated building on Ilalva' property In East PUBLISHED NOTICE NOTICE OF HEARING ON PROPOSED DEFERRED SPECIAL ASSESSMENTS FOR CERTAIN PUBLIC IMPROVEMENTS HEREINAFTER DESCRIBED TO WHOM IT MAY CONCERN: Notice is hereby given that the Common Council of the City of Shakopee will meet in the Council Chambers in the City Hall at 129 East First Ave. ,' at 8:00 o'clock P.M. on the 12th day of September 1967, to consider including certain deferred supplementary special assessments against previously exempted parcels of real property, for future benefits arising from the following public improvements previously approved and ordered by the Common Council, to wit: 1. The acquisition and improvements of the following described parcels of real property for public off-street parking facilities; for street right of way, and for public building sites : a. Lots 6 through 10, Block 3 b. Lots 6 through 10, Block 4 c. Lots 6 through 10, Block 5 d. Lots 6 through 10, Block 6 e. Lots 4 and 5, Block 21 f. Lots 1 and 2, Block 24 g. Lots 6 through 10, Block 30: all located on the Original plat of the City of Shakopee. 2. The properties proposed to be assessed in this supplementary notice for such improvements are the bone fide residential real properties located within Block 3, 4, 5, 6, 21, 22, 23, 24, the North Half of Block 29, the South Half of Block 30, the North Half of Block 31, the North Half of Block 32 , which area shall comprise the Central Business District. 3. All assessments proposed herein shill be deferred assessments , payable only whenever said properties are in fact converted to commercial or business uses , pursuant to Chapter 288, Laws of 1967. 4. The estimated total cost of said improvements is $280,000.00; $32,614.00 of which is herewith proposed to be assessed on said deferred basis. Such persons as desire to appear with reference to the above proposed assessments will be heard at this meeting or at any meeting to which said hearing shall be adjourned. City of Shakopee Melvin P. Lebens City Recorder CITY OF SHAKOPEE Aug. 21, 1967 129 East 1st Ave. 55379 Re: Public hearing on proposed assessments for municipal off-street parking facilities , to be held by the Common Council at 7:30 P.M. , September 12, 1967 in the Council Chambers of the City Hall at 129 East First Ave, in Shakopee. Dear Sir/Madame: As the registered owner of tax parcel No. located in Block , Original plat of the City of Shakopee, this mailing is sent to you in compliance with the terms of the official notice: thereon (a copy of which is enclosed herewith) ; and pursuant to Minnesota Statutes Chap. 429; 459. 14; and Chapter 288, Laws of 1967. Your attention is respectfully directed to the fact that all assessments proposed herein are to be deferred assessments, which will not be levied against your property until it is converted to a commercial or business use. As a residential property, it is assumed that you would receive no direct benefit from the municipal parking facilities; but Chapter 288, Laws of 1967 does recognize that your property could be benefited by such parking facilities if it is sold for, or converted to a commercial use sometime in the future. Therefore, the hearing scheduled for Sept. 12th, as outlined above, is being held for the purpose of establishing the foundation for a proposed future assessment against your property, should it ever be converted to a commercial use at some future date. The amount of said future assessment is being proposed at $_ , which amount shall become due and payable whenever and if ever your parcel of property is converted to a bone fide commercial or business use. If you have any questions on this procedure, please feel free ti, call the City office (445-3650) , and we will be glad to try to answer them. Mel Lebens Adm. Asst. 0. :o— r 27 , i. I , Banat M. Strunk, City Treasurer, City of Shakocev , Mirsnrs<;t. dc; hereby certify that I did snail notices of publi=c hearing on the 12th of September 1967 at the U.S . Postoffice in Shakopee , .Min -e5. tn to the following people on or about. the 30th of August , 1967 .. Block 4 DeLoris Hoy Block h Janes C. Cox • Claude S innen & Mary Lou ,_`:.._. . Laura Kos c e Albert G. Hirscher Block 21 Frances Huth Leo McGovern Sr. Scott County Lumber Co, 400.,- Block 22 Jerome K. Wampach Ann McCrade etal Block 24 • Eugene Luce. s Clara Abel Block /9 Walter Gentz Block 30 WatZKxxatxrx Frank Strunk b wife Eleanor Werners'K trchen George: Herder Florian Le Hei,.tr'4ker Block 31 Laura Huber Ellen Vernkennes • Nicholas Theis Albert Maichert r • Block 32 Fuller St. Holding Co ,8' John Aoein Jerc:re K. Wampach 5 Ot: t oer 27 , 1(0)7 1 , Janet M . Strunk, City Treasurer , City of Shakopee , Min-,eoota do' herehv certif that Plifdmall identical -no!. idea ar'tha4I .S. /Posboffice in Shikope , Minntisota to Ihe4ollowi-,1v14.4ted people' faritH4 inlitio ,hearinz, on the 'lqth 'of Octrq-er, 1954 'alid the514th .if 4oveTber,4 1966 : the Second mailing was on November.1;) , ClueAttyl:.:,1 )oh ' at 6: 15 P .M,, .,i'.) H 4 ' .1'1,, , , 2 __---- 1,-_,...1•10 Block 3 Block 23 , 4 Firt NattonalBak ;4 )ol,i ------- p(Estern Land Corp. & Jay Investment ....) . D 1-3-4 .,L - Joseph F . Topic C T. Wei l'And lift Ate- Leo Ketterer Estate (Jerome Jaspers ) Wm. N. WerrerskirchengFlefrWie , Jerome & Eleanor Hennen Irene Sandbakken Edward R. Effertz Frances Topic Eugene Brown - Suburban!Realtv Block 4 Edwin J . Smith Emma J . Dawson, etal Ann Notermann etiT ( len . ins ) Eugene J. & Mary Fahey V.F.W. Post if 4045 Howard A.. Hergott & wife Gregory A. Hartmann etal Harry E . Philipp, etal Arnold Theis - .. , _ Rosetta Philipp Hill H .F . & Irene Cast Mae Capesius Elmer L. & Catherine Dalt Adelaide T Strunk & Mary Lou Wagner King Solomon Lodge .0 '‘. '.. Jdseph F . Topic Joseph C. & Theresa '' trdn.1, ,:-.. Block 5 Block 24 ' Arthur C . & Eliz . Brambilla Raymond F . Sieberaler & MarveI !. George A. Philipp Ivy B . Hetnz (Leo McCovrn, ..1r... ) Winifred Vogel Ida B & Clara Ab et '''' 1 ' Shakopee Realty, Inc . Clays Printing Serv. (C. Cavanh , H. G. Murfin Motor Parts of Shakopeel?-41-Schr..-, i, Charles M. Cayanaugg,VVIII" Block 5 Edward R. sieWiVa te iv isr' ' -0 tik ' - ' Donna Mae Hallgren Carl A. 6.4,1te1iXAdeiiVN Victor H. & Elsie Haas Wallace 0. Perry +6,Vile '4 Dueber's Inc. '"i" 1 - 1Block 21 . Scott County Lumber Co. Block 29 , . . . . Francis P . O'Connor & Ruby L. NOrthWestern 'Bell Tei :iphon‘, Socony-Vacuum Oil Co. (Mobil) Walter 0. & Grayce Centz ' Joseph F . Topic Block 22 Art Berens & Sons , Inc . Block 30 • L.V. Daniels & wife Frank Strunk & wife Joseph F. Topic (Janet M. Strunk) George A. Herderl ' ' Margery S . Paron Dr. Jose C . Huber Mertz-Horiesh Inc . Ann McCrade otal Wm. F. & Vincent MarSchill \ Mrs . C . Russell Hickran Block 31 Edward A. Rademacher Jacob Ries Bottling Works , Inc . Mae Capesius & Marguerite Krueger Edward V. Mertz Block 32 Fuller St , Holding Co. , Inc , Fuller St . Holding Co„ Inc John C. Ateln & wife Jerome K. & Juane War pach Melvin Leber' & wife . # AFFIDAVIT AS TO MAILING STATE OF MINNESOTA ) NOTICE OF ASSESSMENT HEARING UNDER COUNTY OF SCOTT ) SS SECTION 429.061 MINNESOTA STATUTES CITY OF SHAKOPEE ) Janet M. Strunk, City Treasurer, being first duly sworn, deposes and says that on November 8th, 1967 , she mailed the notice of meeting to consider proposed assessment, a copy of which is hereto attached, to the owner of each parcel described in the assessment roll for said improvement, such owners being all those shown to be such as of a date thirty days prior to October 31st, 1967 (the date of adoption of a resolution providing for hearing on the proposed assessment) on the records of the County Treasurer of said county. C y Treasurer ity of Shakopee, Minnesota Subscribed and sworn to before me this 10th day of November, 1967. 2c-iiC}areDC.?Te. /, NOTICE OF MEETING OF COMMON COUNCIL OF THE CITY OF SHAKOPEE TO CONSIDER PROPOSED RE-ASSESSMENT FOR 1967 PARKING FACILITIES IMPROVEMENT NOTICE IS HEREBY GIVEN That the Common Council of the City of Shakopee, Minnesota, will meet in the Council Chambers of the City Hall on Tuesday, the a- day- of November, 1967, at 7:30 P.M. , to consider a proposed re-assessment for 1967 Parking Facilities. The general nature of the improvement is the acqui- sition and improvement of certain lands for off-street parking. The area proposed to be assessed are those lots in Blocks 3, 4, 5, 6, 21, 22, 23, 24, 29, 30, 31 and 32, Original Plat of the City of Shakopee, as described in the proposed re- assessment roll filed in the office of the City Recorder, and included herewith. This re-assessment has been ordered by the Common Council because it has been advised by the examining attorney that the assessment for said improvement as approved by the Common Council by Resolution 205, adopted September 26, 1967, is or may be invalid. Written or oral objections thereto by any property owner will be considered. Melvin P. Lebens City Recorder City of Shakopee Shakopee, Minneoota TO: The Property Owners in the Central Business District Enclosed please find notice of the proposed re-assessment of CBD properties for off-street parking benefits, and at least one page of the assessment schedule as pertaining to your property within said business district. Two classes of assessments have been set up: Class A (white paper) , and Class B (green paper) . Class A assessments are the irm or active ones, which will be spread over a fifteen year period at a 5% interest rate , the first payment on which will be levied along with your pro- perty tax, payable in 1969, unless paid prior to October of 1968. Class B assessments are "deferred" , and include only those properties which are used for residential purposes, and which enjoy no immediate benefit from off-street parking facilities. Class B assessments are to become due only when the property is converted to commercial or business use , and then only to such extent and in such amount, as so converted. All future collections made from Class B assessments will be credited or rebated on a pro-rata basis to the property owners under Class A assessments. To illustrate: There are three figures listed with each parcel of property in the Class A assessments. The first column represents the "firm" or maximum amount payable on Class A assessments if no part of the 25 parcels of residential property in Class B is con- verted to business use during the next fifteen years. The second column represents the minimum amount payable on Class A assessments if all of the 25 parcels of residential property in Class B are converted to business use during the next fifteen years. We know the ultimate assessment will fall somewhere between these two figures. The third column represents the amount appearing on the original petition as circulated, and is included only for purposes of com- parison. Please contact Marty Walsh at 445-1988 or my office at 445-3650, if you have any questions. Mel Lebens City Recorder RESOLUTION NO. 2046 A RESOLUTION SETTING TERMS FOR PAYMENT OF DEFERRED 1967 PARKING FACILITIES IMPROVEMENT SPECIAL ASSESSMENTS WHEREAS , the City of Shakopee has properly levied special assessments against. benefited properties for parking improvements as provided by Resolutions No. 205 , 215 and 222 , and WHEREAS , part of said assessments were deferred for 15 years or until such time as the property is used for commercial purposes , and WHEREAS , the said 15 years has elapsed and Resolution No. 205 provided that unpaid assessments would be due and payable on January 1 , 1983 in the principal amount of 45% of the original assessment , and WHEREAS , Resolution No. 205 also provided that deferred assess- ments would bear interest at the rate of 4% per annum payable with yearly tax but which in fact has not been collected. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Shakopee , Minnesota : 1 . That the special assessments for 1967 parking facilities adopted by Resolution No. 205 are due and payable on January 1 , 1983 in the principal amount of 45% of the original assessment plus interest at 4% per annum on the 457 of original assessment from adoption of the assessments to December 31 , 1982 . 2 . That the total amount due as shown on the attached schedule shall be payable in equal annual installments extending over a period of ten ( 10 ) years , the first installment to be payable on or before the first Monday in January, 1983 and shall bear an interest at the rate of 8 percent per annum from January 1 , 1983 . To the first installment shall be added the interest on the entire assessment from January 1 , 1983 until December 31 , 1983 and to each subsequent installment when due shall be added the interest for one year on all unpaid installments . 3 . The owner of any property may, at any time prior to certi- fication of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment to the City Treasurer, except that no interest shall be charged if the entire assessment is paid prior to January 1 , 1983 ; he may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list , and he may pay the remaining principal balance of the assessment to the City Treasurer. 4. That the City Clerk shall certify to the County Auditor on or before October 10, 1982 the unpaid assessments contained in the attached schedule for spreading on the tax rolls in accordance with the resolution. Adopted in session of the City Council of the City of Shakopee , held this day of , 1982 . • Parcel Lot Orig. Total Name/Address Block Assessment 45% Interest " ) 457 + Int . 27-001-042-0 1 ,4 $ 452 . 00 $203 .40 $124 .07 $ 766 .41. Deloris D. Hoy CD Ramona M. Sledz 1165 Black Oaks Lane Minneapolis , MN 55447 27-001-068-0 1.,6 1 ,272 .00 572 .40 349 . 16 921 . 56 Mr. Dave Denison 239 West 1st Avenue Shakopee , MN 55379 27-001-069-0 2 ,6 1 , 568 . 00 705 . 60 430.41 1 , 1.36 .01 Mary Louise O' Connor 1st & Fuller Shakopee , MN 55379 27-001-134-0 1-3 ,21 1 ,272 .00 572 .40 349 . 16 921 . 56 H & D Railway Milwaukee Railroad 311 West 2nd Avenue Shakopee, MN 55379 27-001-141-01 7 ,21 1 ,999.00 899 . 55 548 . 73 1 ,448 . 28 Mr. Daniel R. Feldmann 214 West 1st Avenue Shakopee , MN 55379 27-001-142-0 8 ,21 1 ,499.00 674 . 55 411 .48 1 ,086 . 03 Mr. Leo L. McGovern 218 West 1st Avenue Shakopee , MN 55379 27-001-157-0 10 ,22 1 ,092.00 491 .40 299 . 75 791 . 15 Mr. Charles Mensing 117 Fuller Shakopee , MN 55379 27-001-238-0 1&2 ,30 2 , 157 .00 970. 65 592 . 10 1 ,562 . 75 Ms . Mona M. Strunk 103 East 3rd Avenue Shakopee , MN 55379 27-001-239-0 2 ,30 455 .00 204. 75 124. 90 329 . 65 John M. & Lonis Horejsi CD James & Berit Gerhardson 7724 Hampshire Avenue No. Brooklyn Park, MN 55443 27-001-240-0 3 ,30 1 , 375 .00 618 . 75 .377 .44 996 . 19 George W. Herder • CD Calvin Brown 956 South Holmes Shakopee , MN 55379 • ( 1 ) Interest at 4% from September 26 , 1967 (Resolution No. 205 Adoption) to January 1 , 1983 not compounded and computed on the 45% base . ( [ P x .45 ] x .04) x 15 . 25 = i Resolution No. 2046 • Parcel Lot Orig. v ( 1 ) Total Name/Address Block Assessment 45/o Interest 45/0 4- Int . 27-001-249-0 7 ,30 $1 ,397 . 00 $628 . 65 $383 .48 $1 ,012 . 13 Ms . Laura I . Huber 210 South Holmes Shakopee , MN 55379 27-001-251-0 9 , 31 1 ,092 .00 491 .40 299 . 75 791 . 15 Minnesota Valley Restoration Project Highway 101 Shakopee , MN 55379 27-001-252-0 ' 10,31 1 ,162.00 522 . 90 318. 97 841 . 87 Mr. Nicholas A. Theis 138 West 2nd Avenue Shakopee , MN 55379 27-001-259-0 10 , 32 829 .00 73 . 05 227 . 56 600. 61 Mr. Jerome K. Wampach 524 South Holmes Shakopee , MN 55379 ( 1 ) Interest at 4% from September 26 , 1967 (Resolution No. 205 Adoption) to January 1 , 1983 not compounded and computed on the 45% base. ( [ P x .45 ] x . 04 ) x 15 . 25 = i Resolution NO. 2046 MEMO TO : John K. Anderson City Administrator FROM: H . R. Spurrier del , City Engineer 'lir. ` �----- RE : Thomas Pumper Sanitary -wer Service DATE : September 3, 1982 Introduction : Mr. Thomas Pumper, 129 Prairie Street, has had a history of freezing problems with his sanitary sewer service and has asked the City to correct the problem. Background : For a number of years, the City has had frost problems with the sanitary sewer in Prairie Street south of 1st Avenue. The City sanitary sewer has frozen shut and it has been necessary to steam the line several times each year. The problem is very similar to the problem the City had on Main Street, where the City insulated a sanitary sewer to reduce problems. Mat work has proven to be effective. In the case of Main Street, there was a property owner that had a sanitary sewer service subject to freezing because it was not insulated in the roadway. The property owner paid the cost of insulating the sanitary sewer service. On Prairie Street, the property owner has asked the City to pay the cost of insulating the private service line. Insulating the private service line would be against present City policy. However, the City could include the work in the main insulation and then assess the cost of insulating the service provided the property owner waived the hearings and appeal of the assessment. Detailed below is the estimated cost of insulating the City main and the cost of insulating a 4 inch sanitary sewer service: John K. Anderson September 3, 1982 T. Pumper Sanitary Sewer Service Page -2- Sanitary Sewer Main Item Estimated Estimated Estimated No. Description Quantity Unit Price Total 1 Reconstruct and Insulate 8" Sanitary Sewer 60 L.F. $ 35.00 $2, 100.00 2 48" Diameter Manhole 1 Ea. 900.00 900. 00 3 Patch First Avenue 1 L.S. 2,800. 00 2,800. 00 Subtotal $5,800. 00 10 Percent Contingency 580. 00 TOTAL $6,380.00 Sanitary Sewer Service Item Estimated Estimated Estimated No. Description Quantity Unit Price Total 1 Insulate 4" Sanitary Sewer Service 30 L. F. $15. 00 $ 450.00 2 Street Restoration 30 L.F. 5.00 150. 00 Subtotal $ 600.00 10 Percent Contingency 60. 00 TOTAL $ 660. 00 The estimate of sanitary sewer main insulation is presented for informational purposes. That work has previously been authorized by City Council. In answer to Mr. Pumper's request, it is the recommendation of City staff that Mr. Pumper be advised the City does not participate in the cost of work on private sanitary sewer services. City Council could offer to include the sanitary sewer service insulation in the sanitary sewer main insulation work and assess that cost so long as Mr. Pumper would waive his rights to public hearing and appeal of the assessment. Action Requested: Authorize City staff to include sanitary sewer service insulation on Prairie Street in the City project so long as the property owners will waive their rights to public hearing and appeal of the special assessments. HRS/jvm MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: New On Street Parking Restrictions for the Snow Season DATE: September 17 , 1982 Introduction Last spring City Council drafted aeoposedCnew wcirdilianeceerestricting on street praking during the snowsa son.set up a time in the fall to hold a public meeting at which the citizens could be present to react to the proposed new ordinance . News Release The attached news release outlines the program and sets the date for the meeting October 5 , 1982 at 8:00 P.M. Please read the news release which staff has drafted to let us know if it adequately explains the new poliicies and why they are being considered. Alternatives 1 . Proceed with the meeting to review with citizens izenshthenow proposednd . ordinance restricting on street parking during 2 . Drop the idea of changing the snow season, parking ordinance . 3 . Modify the ordinance before the meeting is held. Recommendation Staff recommends alternative No. 1 . Itwill et importat changeso remember support last winter ' s snow, and for Council to enthusiastically as they did last doefiillndcasemakes everof yueffort to get the story on the radio too. hardship I believe it wie appropriat for Council consider exceptions , but I don' t �noWwhYo� forwhomsuhexceptionswll be appropriate at this point in time . Action Requested Direct staff to publish the proposed news release on the proposed ordinance changes restricting on street parking during the snow 82 . season and setting a public meeting for 7 : 30 P.M. October 5 , 19 JKA/jms September 13 , 1982 Draft Newspaper Article on New Snow Removal (Winter Package ) Ordinance The City of Shakopee has followed the four (4) snow removal policies (City Code Chapter 9 . 50 Subd. 4B) set forth below since 1964 with varying degrees of success . 1 . Alternate parking: (When snow fall is sufficient to require snow removal operations ) . During snow removal operations , parking is permitted on any even-numbered day of the month, on that side of the street adjacent to buildings bearing even-numbered street addresses ; and on any odd-numbered day of the month, on that side of the street adjacent to buildings bearing odd-numbered street addresses ; and said day shall commence at 8 : 01 A.M. and shall extend for a period of twenty-four ( 24) hours . 2 . Snow hauling: (When posted) When the Street Superintendent or his designee , has sign-posted any street or public parking lot by 5 : 00 P.M. no vehicle shall be parked therein or thereon between the hours of 2 :00 A.M. and 8 : 00 A.M. on the day next following. 3. Maximum parking: No vehicles shall be parked on any street or alley for more than 48 consecutive hours . 4. Removal of snow for private property: No snow shall be removed from private property and subsequently deposited on City streets or alleys . After the heavy snowfalls of the 1981-82 winter season, the short comingsof the 1964 ordinance as practiced became more evident and City Council began discussions on how the present removal practices could be made : ( 1 ) more consistant and thus understandable for Shakopee ' s citizens and ( 2 ) more efficient for City snow removal operations . The biggest problem was regulation No. 1 above which left it to the individual citizen to determine , on a given day, whether or not there was enough snow for it to be a snow removal day. This situa- tion made it impossible to obtain a consistent pattern to the park- ing of vehicles on streets and therefore no real system has existed. Radio announcements of the snow removal operation have not reach enough people to improve on this problem. This has meant that after the initial plowing of streets : ( 1 ) many cars parked on the streets got plowed in which was an inconvenience to residents and ( 2 ) that the City had to cruise the streets two and three days after the initial clean-up, plowing out the snow left around parked cars known as "snow-birds" . Needless to say the first problem is a hassel for citizens and the second is very expensive for the City in terms of man hours expended and fuel consumed. September 13 , 1982 Page Two After considering seven different alternatives ranging from keeping the status quo, to permiting parking on only one side of a street or avenue during the winter to a totalprohibition of on street parking during the winter, City Council decided that three modifica- tions of the current ordinance would provide the best fit between convenience for citizens who park on the streets and efficient removal of snow from City streets . The modifications call for a change in regulation No. 1 above to enforce the odd-even plan on a regular daily basis from November 15th thru April 1st whether or not it snows ; •this modification would be enforced by the police department only during the hours between midnight-and 8 : 00 A.M. , a change in regulation No. 3 from 48 hours to 24 hours , and a new regulation prohibiting parking on downtown streets from 2 : 00 A.M. to 6 : 00 A.M. in the area bounded by Second Avenue , First Avenue and Levee Drive between Sommerville and Fuller Street and Sommer- ville Street , Lewis Street , Holmes Street and Fuller Street between Second Avenue and Levee Drive . City Council has set aside time at 8 :00 p.m. at its regular October 5 , 1982 meeting to discuss the proposed changes with interested citizens before Council takes final action on the Ordinance that would make the proposed changes to the City Code. This Ordinance will have a different effect on different people so you are urged to give it careful consideration before the meeting and either call City Hall at 445-3650 with your concerns or attend the meeting to participate in the discussion of the Ordinance. 6._(2) MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Ordinance No. 96 , Construction on an Easement DATE: September 13 , 1982 Introduction Pursuant to Council direction on June 1 , 1982 , Mr. Coller prepared the attached ordinance dealing with construction on an easement . At Council ' s June 15 , 1982 meeting, Council asked for a further clarification of buildingsthat could be placed on easements . Background Staff met to review the ordinance with the utility manager and is proposing the revised Ordinance No. 96 . The ordinance is broadend to include concerns that the utility has about trees and to clarify what the City will replace after maintenance work is done on a utility line in a public easement . Staff also wants to point out to Council that paragraph I .A. 3 . is in fact a curb cut permit policy and therefore is a new permit . This ordinance does prohibit the erection of fences , trees , shrubs , rocks or berms upon an easement . Alternatives 1 . Adopt Ordinance No. 96 . 2 . Drop Ordinance No. 96 . 3 . Modify Ordinance No. 96 . Recommendation Staff recommends alternative No. 1 and that staff hold a meeting with builders prior to adoption of the proposed ordinance . Requested Action Direct staff to proceed with the meeting with contractors regarding the curb cut permits and then schedule action at a subsequent Council meeting on the proposed ordinance, ORDINANCE NO. 96 AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 4 ENTITLED "CONSTRUCTION LICENSING , PERMITS AND REGULATION," BY ADOPTING SECTION 4. 03 ENTITLED "PROHIBITION AND LIMITATION" AND CONTAINING PENALTIES IN THE EVENT OF VIOLATION THE CITY COUNCIL OF THE CITY OF SHAKOPEE , MINNESOTA ORDAINS : SECTION I : Shakopee City Code , Chapter 4 entitled "CONSTRUCTION LICENSING , PERMITS AND REGULATIONS ," is hereby amended by adding the following : A. Prohibition and limitations 1 . No building permit shall be issued for the construction, alteration, extension or enlargement of any permanent building , structure or fixture on, over , under or across any easement of the City or Shakopee Public Utility Commission. 2 . Movable buildings , structures or fixtures of less than 120 square feet and weighing less than 400 lbs . may be placed on an easement only if they can be moved without damage during an emergency. 3 . No improvement for ingress , egress , or parking lots shall be permitted within a public easement without a permit therefore pursuant to Section 7 . 07 of the Shakopee City Code . 4. No landscaping including but not limited to trees , shrubs , fences , rocks and berms shall be placed on, over or across any easement of the City or S .P.U.C. that will interfere with the ingress or egress by the City or S . P.U. C. for utility maintenance . 5 . The City or S.P.U.C. , whomever enters upon the easement will only replace movable buildings as defined in 2 . above , fences , driveways or walkways in easements for which the proper permits were obtained prior to construction and shall either seed or sod to replace turf. The City or S .P.U. C. shall not be responsible for replacement of any building, structure or fixture installed without having obtained the proper permit or replacement of any landscaping except turf. SECTION II : Provisions of the City Code adopted The Shakopee City Code Chapter'-1 entitled •"General Provisions and Definitions applicable to the entire City Code including Penalty for Violations" and Section 4. 99 entitled "Violations a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. SECTION III : When in Force This Ordinance shall be published once in the official news- paper of the City of Shakopee and shall be in full force and effect on and after the date of said publication. Adopted in SPCSi nn of the C:i tv C'.niinri 1 of tHn 6F MEMO TO : John K. Anderson City Administrator FROM : H. R. Spurrier 40 iI irRE: City Engineer Ilk yr- RE: Levee Drive Extension Project No. 1982-3 DATE: September 21, 1982 Introduction : City of Shakopee opened bids for the above-referenced project September 13, 1982 at 10:30 A.M. Project consisted of roadway construction and lateral storm sewer construction. Background : As the attached Abstract of Bids shows, the bid price was $89, 735.00. The Engineer's estimate was $65,000. 00. The unit prices for the storm sewer pipe contained in this project are unacceptable. The City has two alternatives. The City may reject the bids and rebid in January or February, or the City may award the bid which is approximately $24,000 above the Engineer's estimate. It is the recommendation of City staff that the single bid of Hardrives, Inc. be rejected and that City staff be directed to readvertise the project in January or February. There was initially some concern about arbitrage and not being able to utilize the proceeds of the Tax Increment Bonds issued for the Elderly Highrise Project. Attached is a letter addressed to Mr. Gregg Voxland from Thomas S. Hay of Dorsey & Whitney, noting that the 3-year period will not apply to the funds encumbered for the construction of Levee Drive Extension. Action Requested : Reject the bid of Hardrives, Inc. , 7200 Hemlock Lane North, Maple Grove, MN 55369 for Levee Drive Extension, Project No. 1982-3 and direct City staff to readvertise the project in January or February. HRS/jvm Attachment DORSEY & WHITNEY A Partnership Including Professional Corporations 2200 FIRST BANK PLACE EAST MINNEAPOLIS,MINNESOTA 55402 880 WEST-FIRST NATIONAL BANK BUILDING (612) 340-2600 201 DAVIDSON BUILDING ST.PAUL,MINNESOTA 55101 8 THIRD STREET NORTH (612)227-8017 TELEX!29-0605 GREAT FALLS,MONTANA 59401 TELECOPIER (612)340-2868 (406)727-3632 P.O.BOX 848 340 FIRST NATIONAL BANK BUILDING SUITE 675 NORTH ROCHESTER,MINNESOTA 55903 1800 M STREET N.W. (507)288-3156 WASHINGTON,D.C.20036 (202)296-2780 312 FIRST NATIONAL BANK BUILDING THOMAS S. HAY WAYZATA,MINNESOTA 55391 30 RUE LA BOErIE (6101 4 15-03/3 (6W) 343-7965 75008 PARIS,FRANCE TEL:(I)562 32 50 September 17 , 1982 Mr. Greg Voxland Finance Director 129 E. First Avenue City Hall Shakopee, Minnesota 55379 Re: Investment of proceeds of Tax Increment Bonds issued for elderly high rise project Dear Greg: This letter is to confirm my advice to you the other day over the phone that the City will not be committing "arbitrage" by continuing to invest at an unrestricted yield, unexpended bond proceeds and interest earned thereon to date after the end of the three year "temporary period" which commenced on the date of issue of the bonds . I understand, and this advice was based upon the facts that: (1) these bond moneys are being held for expenditure on public improvements to be undertaken with respect to the project; (2) you expect these improvements to be completed in the next twelve months , and (3) when the bonds were issued the City reasonably expected, as stated in the arbitrage certificate on the bonds , to complete and use the bond proceeds to pay the cost of the improvements within three years after the bonds were issued. If these facts are incorrect , please let me know; otherwise , the advice is confirmed. Very truly yours , K Thomas S . H y TSH/lb k/I 6C/ MEMO TO : John K. Anderson City Administrator FROM: Don Steger City Planner RE: Final Plat of Long View Estates DATE : September 14 , 1982 Introduction: The Final Plat of Long View Estates is being presented to the City Council for their approval. Background: The Planning Commission at their September 9, 1982 meeting made the recommendation to the City Council for approval of the Final Plat of Long View Estates, subject to the following conditions : 1. Approval of Title Opinion by the City Attorney. 2. Submission of a statement from Northern States Power that any proposed grading, paving and construction activity within the easement will not conflict with the provisions of the • NSP easement . 3. Obtain and provide the City with an access permit from the Minnesota Department of Transportation for access onto Legislative Route No. 300. 4 . Agreement that this development shall be limited to 23 units satisfying the requirements of the local sewer district . 5. Park dedication to be paid in cash at the time Building Permits are issued. 6 . Provision of an easement on the Final Plat for all public utilities, to be installed and maintained in the subdivision. 7. Execution of a Developer' s Agreement to provide for the construction of required improvements : a) Water system to be installed in accordance with the require- ments of the Shakopee Public Utilities Commission and minimally including looped service , 8 inch mains , and hydrants located to insure all units are within 500 feet of a hydrant . John K. Anderson September 14 , 1982 Long View Estates Page -2- b) Sanitary sewer system installed in accordance with plans approved by the City Engineer. c) Street lights installed, including at each entrance , meeting the requirements of the Shakopee Public Utilities Commission. d) Street improvements , highway accesses , and stop signs located and built to meet the requirements of the City Engineer.. In addition, it is the recommendation of staff that the phrase "1st Addition" be added to the plat title , thereby making this plat known as "Long View Estates 1st Addition" . It is also the recommendation of staff that Condition• No. 4 be deleted because it is unnecessary. Alternatives : 1 . Approve the Final Plat with the eight conditions listed. 2 . Do not approve the plat . 3 . Approve the final plat with different conditions . Recommendation: Staff recommends the adoption of Resolution No. 2048 , which grants Final Plat approval to Long View Estates 1st Addition, subject to and including the above-referenced eight conditions . Action Requested: Adopt Resolution No. 2048 , A Resolution Approving The Final Plat Of Long View Estates 1st Addition. DS/jms Attachments : Case Report Plat Map -4f7/ DATE : September 9, 1982 CASE : PC 82-24P ITEM: Final Plat of Long View Estates APPLICANT: O.T.B. , Inc. (Jim Pierce) LOCATION : Lying Between T.H . 169 and Leg. Rt. 300 and the northerly extension of Tyler and Jackson Streets ZONING : R-4 Multi-family Residential and B-1, Highway Business LAND USE : Vacant Land AREA: Approximately 24.25 acres or 19. 53 acres without Highway 169 APPLICAbLE REGULATIONS : Section 11. 28, and Section 12 PUBLIC HEARING HELD PLANNING COMMISSION ACTION CITY COUNCIL ACTION Proposal : The applicant is requesting Final Plat approval of a parcel providing immediate development of 23 townhouse units, in an area zoned R-4 and future development of the area zoned B-1. Land Use Compatibility : Surrounding Land Uses: R-2 Urban Residential to the East and South; A farmstead to the West and; Trunk Highway 169 to the North Utilities: All utilities are readily available to the parcel. Considerations: 1. The parcel has seven blocks, two outlots and dedicated roadways for T.H. 169, Harrison Street, Sixth Avenue and Legislative Route No. 300. The maximum density for townhouses in this district is 4, 000 square feet per unit. The proposed plat provides 8,094 square feet per unit which satisfies code requirements. 2. Townhouses will be built in clusters of four and three units. The applicant proposes to sell the individual lot on which each unit is located, along with an interest in an association owning the. sa,Jrrounding "common lot" (Lot 1, Block 7) . Review of the Development Plan illustrating proposed building locations shows all 23 units can conform to the 50 foot front yard setback, 15 foot sideyard setback and 40 foot rear yard setback frori the perimeter of Lot 1, Block 7. Case No. PC 82-2413 September 9, 1982 Final Plat - Long View Estates Page -2- 3. A copy of the proposed ''Declaration of Conditions, Covenants, Restrictions and Easements Regarding the Long View Estates Townhouse Homeowners Association, Inc. , A Minnesota Non-profit Corporation", indicates that each occupant of a unit will own that townhouse unit, the individual property of land upon which it is situated, and have an interest in the homeowners association owning the surrounding common area (Lot 1, block 7) . Section• 4, Article II of the declaration states that this common area shall have no obstructions or storage placed upon it. Given the fact that this common area is owned in shares by each individual property owner and that it is designed to serve as a clear buffer zone around each lot, it is considered in determining the setback distances from right-of-ways and adjacent property lines for each dwelling unit. As indicated under No. 3, all setbacks can be adequately achieved. 4. A Northern States Power easement crosses the northern corner of the plat. The applicant should submit a letter from NSP stating that proposed grading, paving and construction activity within the easement does not conflict with the provisions of the NSP easement. 5. Three existing mature trees will need to be removed with the proposed development. The proposed landsc,:;iin j plan adequately provides for replacement of the trees to be removed. Russian Olive Trees are proposed for boulevard screening of the parking, 20 feet from the street right-of- way as required. G. None of the proposed plat is requested for park dedication, therefore, park dedication should be made in cash to be paid at the time Building Permits are issued. 7. No sidewalk is proposed. 8. The ivlinnesota Department of Transporation (A/In/DOT) has reviewed the plat and is in the process of issuing the required permits for access. Mn/DOT has indicated it will approve one access on the southern end of the plat, providing access to Legislative Route 300. A second access onto harrison Street may potentially be provided after review by the City of Shakopee. Approval for this second access would be contingent on substantiation of the City's authority to issue an access permit at this point and evidence that the access drive can be located a sufficient distance north of the Harrision Street/Sixth Avenue "Y" intersection to provide safe traffic flow. 9. The road system aroung the proposed subdivision includes a sub-standard intersection and a sub-standard curve. There is nothing that can be done in the proposed subdivision to improve or eliminate these problems. The City Council has determined to maintain a rural section along Legislative Trunk Highway No. 300 and storm sewer facilities have been constructed for such a section. It is, therefore, recommended that a rural section be maintained along this property. Case No. PC 82-24P September 9, 1982 Final Plat - Long View Estates Page -3- 10. The proposed subdivision receives lateral service from the West Side Storm Sewer System. Plans for storm drainage are under final review by the City Engineer. 11. Working drawings for installation of sewer service to the 23 units are under review by the City. Engineer. 12. A Developer's Agreement must be drafted to provide for all public improvements. This Developer's Agreement should include provisions requiring street lights and stop signs. 13. A provision should oe added to the legal description-of the final plat dedicating easements for construction and access to all public utilities. 14. Working drawings for the construction of waterrnains are being reviewed by the City Engineer. The watermain is to be 8 inches in diameter. Design of the watermain should include a loop south on Harrison Street to 10th Avenue. Location of fire hydrants is subject to modification based on the number and location of highway accesses. Each dwelling is to be within 500 feet of a hydrant. Normally, hydrants should be located near access intersections. 15. Because the Long View Estates Plat involves the subdivision of one large existing parcel, a split of current assessments will be required. The assess- ment split should be calculated for the applicants review and approval, for presentation to the City Council with the final plat. 16. The phrase " 1st Addition" should be incorporated into the title of the plat. A reduction of the map to 400 scale must be provided to the City. Staff Recommendations: Staff recommends approval of the Final Plat of Long View Estates Addition, subject Co the following conditions: 1. Approval of Title Opinion by the City Attorney. 2. Submission of a statement from Northern States Power that any proposed grading, paving and construction activity within the easement will not conflict with the provisions of the NSP easement. 3. Obtain and provide the City with an access permit from the Minnesota Department of Transportation for access onto Legislative Route No. 300. 4. Agreement that the development shall be limited to 23 units satisfying the requirements of the local sewer district. 5. Park dedication to be paid in cash at the time Building Permits are issued. Case No. PC 82-24P September 9, 1982 Final Plat - Long View Estates Page -4- t). Provision of an easement on the Final flat for all public utilities to be installed and maintained in the subdivision. 7. Execution of a Developer's Agreement to provide for the construction of required improvements. a) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission and minimally including looped service, 8 inch mains, and hydrants located to insure all units are within 500 feet of a hydrant. b) Sanitary seWer system installed in accordance with plans approved by the City Eogineer. c) Street lights installed, including at each entrance, meeting the requirements of the Shakopee Public Utilities Commission. d) Street improvements, highway accesses, and stop signs located and built to meet the requirements of the City Engineer. Requested Action : Recommend approval of the Final Plat of Long View Estates subject to the conditions outlined above. Planning Commission Action : Approved with the seven conditions as ret'ercriccd above with a change to condition No . 11 , as fo l I ows : "11r,reeme t; that this development shall be limited to 23 units satist'y ing the requirements of the local sewer district" . • City Council Action : RESOLUTION NO. 2048 A Resolution Approving The Final Plat Of Long View Estates 1st Addition WHEREAS, the Planning Counni :Ion of the City of Shakopee did approve the Final Plat of Long View Estates 1st Addition on Septmber 9 , 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 Long View Estates 1st Addition, described as follows : All that part of the West half (W2 ) of the North- • east quarter (NE4 ) lying South of the North boundary of Trunk Highway No. 169 , as now laid out, all being in Section 11, Township 115, Range 23, Scott County , Minnesota, containing approximately 77. 75 acres more or less, subject to right-of-way easements for highway purposes . EXCEPTING THERE- FROM THE FOLLOWING DESCRIBED PARCELS OF LAND : All that part of the West half (Wi ) of the Northeast quarter (NE4 ) Section 11, Town- ship 115, Range 23, Scott County , Minnesota, described as follows : Beginning at the inter- section of the West line of said West half (Wi ) of Northeast quarter (NE4 ) ; with the centerline of T.H. No. 300; thence N 59° 32 ' E along said centerline a distance of 451. 19 feet ; thence N 31° 04 ' W a distance of 241. 20 feet ; thence S 63° 19 ' W a distance of 296 . 19 feet to the West line of said W2 of''NE4 , thence South along said West line to the point of beginning. Subject to an easement for road purposes over the S' ly 33 feet thereof for T.H. No . 300. Containing 2. 06 acres . • That part of the West half (Wi ) of the North- east quarter (NE4 ) of Section 11, Township 115 , Range 23, Scott County , Minnesota, described as follows : Beginning at the Northeast corner of said West half (Wf ) of the Northeast Quarter (NE4 ) ; thence N 89° 27 ' 51" West assumed bearing along the North line of said West half (W2 ) of the Northeast quarter (NE4 ) a distance of 565. 26 feet more or less to the southerly right- of-way line of State Highway No. 169; thence S 71° 56 ' 09" East a distance of 594 . 60 feet to the East line of said West half (Wi ) of the Northeast quarter (NE4 ) ; thence northerly along said East line a distance of 179. 09 feet to the point of beginning. Resolution No. 2048 Page Two West View First Addition West View Second Addition West View Third Addition West View Fourth Addition West View Fifth Addition West View Sixth Addition be , and the same hereby is approved and adopted with the requirements that : 1 . Approval of Title Opinion by the City Attorney. 2 . Submission of a statement from Northern States Power that any proposed grading, paving and construction activity within the easement will not conflict with the provisions of the NSP easement . 3. Obtain and provide the City with an access permit from the Minnesota Department of Trans- portation for access onto Legislative Route No. 300. 4. Park dedication to be paid in cash at the time Building Permits are issued. 5. Provisions of an easement on the Final Plat for all public utilities to be installed and main- tained in the subdivision. 6 . Execution of a Developer' s Agreement to provide for the construction of required improvements : a) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission and minimally including looped service , 8 inch mains , and hydrants located to insure all units are within 500 feet of a hydrant . b) Sanitary sewer system installed in accordance with plans approved by the City Engineer. c ) Street lights installed , including at each entrance , meeting the requirement of the . Shakopee Public Utilities Commission. d) Street improvements , highway accesses and stop signs located and built to meet the require- ments of the City Engineer. 7 . The phrase "1st Addition" be included in the plat title ; thereby, making this plat known as "Long View Estates 1st Addition" . BE IT FURTHER RESOLVED, that the MaY4r and City Clerk be and the same are hereby authorized and directed to execute said approved plat and Developer ' s Agreement . Resolution No. 2048 Page Three 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 MEMO TO: John K. Anderson City Administrator FROM: Don Steger City Planner RE: Recording of Shimek' s 1st Addition DATE: September 15, 1982 Introduction: Shimek' s 1st Addition was not recorded with the County Recorder within the 180 day time frame, as established by the Subdivision Regulations. The City Council may rescind plat approval if desired. Background : Because the plat was approved almost three years ago, the Planning Commission recommended that the City Council require the final plat of Shimek' s 1st Addition be resubmitted for another review. The Planning Commission further recommended that the previous lot sizes be accepted, even though they would not meet the current lot size requirements (see attached staff report ) . Alternatives : 1. Allow the plat to be filed with the County Recorder. 2. Require the final plat to be submitted for a new review by the Planning Commission and City Council . Accept the previously approved lot sizes. 3. Rescind the plat approval and require the entire platting process to begin over. Recommendation: The Planning Commission recommended that the City Council require the final plat to be resubmitted for a new review and that the previously approved lot sizes be accepted. John K. Anderson September 15 , 1982 Shimek' s 1st Addition Page -2- Recommended Action : Move to require that the final plat of Shimek ' s 1st Addition be resubmitted for a new review by the Planning Commission and City Council . Move to accept the previously approved lot sizes for the plat. • DS/jvm Attachment MEMO TO: Shakopee Planning Commission FROM: Don Steger, City Planner RE: Recording of Shimek' s 1st Addition DATE : September 2, 1982 Introduction : Shimek' s 1st Addition was not recorded with the County Recorder within the 180-day time frame from City Council approval to date in which finalplat has to be filed , as set forth by City Code in the Subdivision Regulations. The City Council may rescind plat approval, per Section 12 . 03 , Subd. 4A, and the Planning Commission may want to make a recommendation to the City Council concerning this matter. Background : The final plat of Shimek ' s 1st Addition was approved by the Planning Commission on November 8 , 1979 and the City Council on November 20 , 1979 (see attached Resolution No. 1513) . The hardshell was never recorded , apparently due to some complicated legal problems . Since the approval of the subdivision in 1979 , new I-i zoning requirements have become effective. The most significant change has been the lot size requirement which has been increased from. 2. 5 acres to 20 acres (without City utility services) . However, because the three proposed lots are 2. 42 acres , 4 . 76 acres and 7. 39 acres in size, they appear to be of sufficient size to accommodate develop- ment with on-site utilities , storm water retention facilities, etc . Therefore , the smaller lot sizes should not cause problems. The Acting City Planner recently solicited review comments from City staff regarding this subdivision. The comments suggest that if the final plat were currently being reviewed, the conditions attached to the approval would be slightly different than the original final approval of 1979 . Because of this fact , it may be advisable to conduct a new Planning Commission and City Council review of the final plat , which would not require the public hearing process . Staff Recommendation : Recommend to the City Council that th3 Final Plat of Shimek' s 1st Addition be brought back to the Planning Commission and City Council for a new review. Further recommend that the previously approved lot sizes could be utilized. DS/jvm Attachment 1 it► r '1tti RESOLUTION Nt� . 15 1 '3 A RESOLUTION APPROVING THE FINAL I'LA`I Ul• SI I I MEK ' S FIRST ADDITION WHEREAS , the Planning Commission of the City of Shakopee has approved the Final flat of Shimek ' s First Addition 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 opportunity 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, that the Final Plat of 5himek ' s First addition , described as follows : That part of the West Half of theSoutheast Quarter and the West 1 /7th of the East Half of the Southeast Quarter of Section 12 , Township 115 , Range 22 , Scott County , Minnesota lying South of • Patch' s First Addition and East of the centerline of County Road No . 89 be , and the same hereby is approved and adopted with the requirements that : 1 ) Favorable Title Opinion by the City Attorney 2 ) Park Dedication be in cash 3) Developer select a name for the road which is acceptable to the City Administrator . 4) Developer enter into an acceptable Developer ' s Agreement , including construction of dikes required by the approved drainage plan submitted to the City dated 9-28-79 5 ) Drainage easements he granted for the retention areas 6) No access be permitted from Lot 1 , Block I and Lot 1 , Block unto County Road 89 except on proposed road and only one access from Lot 2 , Block 1 , to County Road 89 . BE IT FURTHER RESOLVED , that the Mayor and City Administrator • be and the same are hereby authorized and directed to execute said approved Plat and Developers Agreement . Adopted in 1,r j*Pfi.AP' session of the City Council of the _ / November , 197y . City of Shakopee , Minnesota held this 20th day of �, kir memo MEMO TO : John K. Anderson City Administrator FROM: Don Steger City Planner RE : Amendment to Subdivision Regulations - Acreage Computations on Preliminary Plats DATE: September 15, 1982 Introduction : An ordinance has been prepared to amend Section 12. 04 , Subd. 2C of the Subdivision Regulations to require developers to include lot acreage computations for each lot of a preliminary plat . Background : The Planning Commission at their September 9 , 1982 meeting, approved and made recommendation to the City Council for a amend- ment to the Subdivision Regulations. This amendment would simply require subdividers to include lot acreage computations for each lot of a preliminary plat , as a part of the preliminary plat submission requirements. Many subdividers already do this . This requirement is general standard in all Subdivision Regulations . Alternatives : 1. Approve the amendment to the Subdivision Regulations . 2. Do not approve the amendment to the Subdivision Regulations. Recommended Action : It is recommended that Ordinance No. 105 be adopted. This ordinance reflects the recommendations of the Planning Commission. Action Requested: Adopt Ordinance No. 105 . DS/jvm Attachment ORDINANCE NO. 105 Fourth Series An Ordinance of the City of Shakopee, Minnesota, Amending Shakopee City Code Chapter 12 Entitled "Subdivision Regulation (Platting)" by Repealing Item No. 6 of Subd 2 C Section 12.04 and In Lieu Thereof adopting a New Item No.6 of Subd 2C Section 12.Q4 and Adopting by Reference Shakopee City Code Chapter 1 and Section 12.99 which, Among other things, Contain Penalty Provision. THE CITY COUNCIL OF SHAKOPEE, MINNESOTA, ORDAINS: SECTION I Repeal Item No. 6 of Subd 2C Section 12.04 is 'hereby repealed. SECTION II New Item No. 6 of Subd 2C Section12.04 is Adopted to Read as follows: 6 Basic data regarding lots and blocks, including: Layout, numbers, preliminary dimensions and area in square feet of each lot. SECTION III Adopted by Reference General provisions and definitions applicable to the entire City Code including the penalty provisions of Chapter 1 and Section 12.99 are hereby adopted in their entirety by reference as though repeated verbatim herein. 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. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1982. Mayor of the City of Shakopee ATTEST: City Clerk Prepared and approved as to form this 15th day of September, 1982. a Julius . Coller, II --- City Attorney /17' ( MEMO TO: John K. Anderson, City Administrator FROM: Don Steger, City Planner RE: Vacation of Ramsey Street DATE: September 16 , 1982 Introduction Pursuant to Council discussion at the time of final plat approval of Eagle Creek Junction 1st Addition, the Planning Commission was asked to make a recommendation on the vacation of a portion of Ramsey Street. Background The Planning Commission, at the September 9 , 1982 meeting, made recommendation to the City Council for the vacation of Ramsey Street north of Shakopee Avenue. They further recommended that the entire right-of-way be initially maintained as a utility and sidewalk easement . Alternatives 1 . Vacate Ramsey Street north of Shakopee Avenue . 2 . Do not vacate Ramsey Street north of Shakopee Avenue . 3 . Do not vacate Ramsey Street north of Shakopee Avenue until the development of the outlots of Eagle Creek Junction. Recommendation Adopt a resolution which will set a public hearing to initiate the vacation of this portion of Ramsey Street . Also, staff recommends that the City Council move to maintain the entire right-of-way as a utility and sidewalk easement , in concurrance with the Planning Commission. Action Requested 1 . Adopt Resolution No. 2050 , A Resolution Initiating the Vacation of Ramsey Street Lying North of Shakopee Avenue , According to the Plat of Scenic Heights 4th Addition, Scott County, Minnesota. 2 . Move to maintain the entire vacated right-of-way as a utility and sidewalk easement. DS/jms RESOLUTION NO. 2050 A RESOLUTION INITIATING THE VACATION OF RAMSEY STREET LYING NORTH OF SHAKOPEE AVENUE, ACCORDING TO THE PLAT OF SCENIC HEIGHTS 4th ADDITION, SCOTT COUNTY, MINNESOTA WHEREAS , it has been made to appear to the Shakopee City Council that Ramsey Street lying North of Shakopee Avenue serves no public use or interest ; and WHEREAS , a public hearing must be had before such action can be taken and two weeks published and posted notice thereof must be given. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that a hearing be held in the Council Chambers on the 19th day of October, 1982 , at 8 : 00 p.m. , or there- after, on the matter of vacating Ramsey Street lying North of Shakopee Avenue in the Scenic Heights 4th Addition, according to the plat thereof. BE IT FURTHER RESOLVED, that two weeks ' published notice be given by publication in the Shakopee Valley News and posted notice be given by two weeks posting a copy of such notice on the bulletin board in the main floor of the Scott County Courthouse , on the bulletin board in the Shakopee City Hall and on the bulletin board at the Shakopee Public Utilities . Adopted in session of the City Council of the City of Shakopee , Minnesota , held this day of , 1982 . Mayor ot the City ot Shakopee ATTEST: City Clerk Approved as to form this day of , 1982 . City Attorney • MEMO TO : John K. Anderson City Administrator FROM: Don Steger City Planner RE: Amendment to Zoning Ordinance - Lot Provisions DATE: September 15, 1982 Introduction: At the September 9, 1982 meeting, the Planning Commission approved and recommended to the City Council an amendment to Section 11. 03, Subd. 3 of the Zoning Ordinance. This amendment would make platted lots of record much easier to develop . Background : The Assistant City Attorney has provided an opinion on the section of the Zoning Ordinance which deals with lots of record existing prior to April 1, 1978 ( see attachment) . Because these lots are generally substandard in size , a series of variances had to be obtained prior to development . The Attorney ' s opinion questions the legality of this practice and the section of the Zoning Ordinance . The Planning Commission' s approved amendment separates platted from unplatted lots of record and simply elimin- ates the lengthy variance procedure for platted lots. Alternatives : 1. Approve the Zoning Ordinance amendment . 2. Do not approve the Zoning Ordinance amendment . Recommended Action : Move to approve Ordinance No. 106 which reflects the recommendations of the Planning Commission. Action Requested : • Adopt Ordinance No. 106 . DS/jvm Attachment �.1 1 e Law Offices of iUL 2 1T32 KRASS, MEYER, KANNING, & WALSTEN Chartered Ci+ \ O' SI Phillip R. Krass Shakopee Professional Building Barry K. Meyer 1221 Fourth Avenue East Philip T. Kenning Shakopee, Minnesota 55379 Trevor R. Walsten (612)445-5080 MEMORANDUM TO: City of Shakopee FROM: Phillip R. Krass DATE: July 27, 1982 Re: Section 11 .03(3) of the Shakopee Zoning Ordinance Background The City of Shakopee apparently has several lots located within its corporate borders governed by the above-described Subdivision 3 in that while said lots were platted, are of record and met the zoning requirements at the time of said platting, they now fail to meet the present requirements and can only be built upon by meeting the provisions of Subdivision 3. Owners of such lots are demanding building permits and taking the position that they are "grandfathered" into a buildable position and that the City may not change the requirements for construction on a particular lot after the fact. Analysis This issue is not a simple one. The courts have often times held that most all zoning and subdivision regulations may diminish property value, and are not unconstitutional simply for that reason. If a land owner owns 80 acres which today may be subdivided into one quarter acre lots, the fact that tomorrow the City requires that all lots be one half of an acre does not give that land owner a cause of action, or the right to the size lots which existed at the time he or his predecessor in title purchased the land. The situation becomes a bit different however when a municipality has already accepted and approved a particular plat establishing building lots. There is a difference between purchasing a valid lot of record out of a plat approved by a city, and buying bare land understanding that the rules of developing that land may change. I would divide, for purposes of this analysis, the land owners of lots governed by Subdivision 3 into two categories. The first category would be the owner of a single lot. Presumably and legally, the owner of such a lot purchased it for the purpose of constructing thereon and if now procluded from constructing has land with virtually no value. It will be very difficult for the City to support the constitutionality of such an action since this does appear to be a substantial , if not total , deprivation of property rights without due process. Page 2 July 2, 1982 A different argument may exist with respect to a property owner who owns, for example, four such lots contiguous to each other. Such a property owner may well be able to create at least some buildable lots out of his contiguous lots and, therefore, not be deprived of the kind of value the owner of just one lot may face. While the argument respecting the owner of several contiguous lots is weaker than the argument of the owner of one lot, I am not suggesting that the City' s position is one' of great strength. It is a marginal argument at best for us to attempt to support the constitutionality of this Subdivision 3. A great deal depends on how many lots are involved within the City and how important the City determines the provisions of this Subdivision are to its planning effort. I have a strong suspicion that strict adherence to the provisions of Subdivision 3 will generate some litigation for the City. I would estimate that our chances of prevailing against a multiple lot owner would be no better than 50/50 and our chances considerably less for a single lot owner. Recommendation It is my recommendation that the Planning Commission and City Council seriously consider an amendment to Subdivision 3 which would authorize construction on any lot of record which has been platted within the City. Yours very truly, KRASS ' , A G & WALSTEN ° i ' ra s s PRK:ph ORDINANCE NO. 106 AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING SHAKOPEE CITY CODE CHAPTER 11 ENTITLTD, "LAND USE REGULATION (ZONING)" BY REPEALING "A" AND "B" OF SUBD. 3, SECTION 11.03, ENTITLED "RULES AND GENERAL PROVISIONS" AND IN LIEU THEREOF ADOPTING A NEW "A", "B" AND "C" OF SUBD. 3, SECTION 11.03 WITH THE SAME TITLE AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER • THINGS CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF SHAKOPEE, MINNESOTA, ORDAINS: SECTION I Repeal "A" and "B" of Subd. 3, Section 11.03 entitled "Rules and General Provisions" is hereby repealed. SECTION II Adopting a New "A", "B" and "C" of Subd. 3, Section 11.03, Entitled, "Rules and General Provisions" as follows: Subd. 3 Lot Provisions A. A platted lot of record shall not be developed unless the following • is provided: 1. It has a frontage on a public right-of-way. 2. All setback requirements of this chapter can be met. 3. It can be demonstrated that safe and adequate sewage treatment system can be installed to serve such permanent dwelling. B. Unplatted lot of record shall not be developed unless the current code provisions are met. C. Except in the case of planned developments as provided for herein- after, not more than one principal building shall be located on a lot. SECTION III Adopted by Reference General Provisions and Definitions applicable to the entire City Code including the penalty provisions of Chapter 1 and Section 11.99 are hereby adopted in their entirety by reference 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 newpaper of the City of Shakopee and shall be in full force and effect on and after the date following such publication. Passed in session of the City Council of the City of Shakopee,. Minnesota, held this day of , 1982. Mayor of the City of Shakopee ATTEST: Prepared and approved as to form this 15th day of September 1982. City Clerk Julius A. Coller, II, City Attorney MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE: Resolution of Appreciation to Diane M. Heinz DATE: September 16 , 1982 Introduction Pursuant to your direction, I have prepared the attached resolution of appreciation to Diane Heinz who recently resigned from City employment. Action Requested Offer Resolution No. 2054, A Resolution of Appreciation to Diane M. Heinz, and move its adoption. JSC/jms RESOLUTION NO. 2054 A RESOLUTION OF APPRECIATION TO DIANE M. HEINZ WHEREAS, Diane M. Heinz has served the City of Shakopee in a number of capacities from June 10, 1968 to October 1 , 1982 including more recently as Administrative Assistant in the Police Department ; and WHEREAS , during her employment, Diane took her responsibilities very seriously and performed them in a superior manner at all times ; and WHEREAS , Diane well represented the City of Shakopee in serving the general public and her fellow employees in a most cheerful and conscientious manner; and WHEREAS , Diane was always willing and ready to assist her fellow employees when they asked for her help. NOW, THEREFORE, BE IT RESOLVED that the Shakopee City Council does hereby extend a token of thanks and appreciation to Diane M. Heinz for her dedication and hard work during her employment with the City of Shakopee and wishes her well in her future endeavors . Adopted in Adj . Regular Session of the City Council of the City of Shakopee, Minnesota, held this 21st day of September, 1982 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1982. b MEMO TO: John K. Anderson, City Administrator FROM: Jeanne Andre , Administrative Assistant RE: Fee for Variance from or Amendment to Cable Franchise Ordinance No. 100 DATE: September 15 , 1982 Introduction • The Cable Franchise Ordinance adopted by City Council established a procedure for an administrative variance ( Section 14. 04) and provided that a fee for the variance would be set by resolution. The Council now needs to set this fee . It is also appropriate to set a fee for amendments undertaken 'at the request of the cable company. Background There is no history as to the number or type of variances the City will receive , or how much staff time this process will consume . As the fee is to be set by resolution it will be relatively easy to change each year as experience proves what costs the City incurs . Amendments to the franchise will require a public hearing with published notice. It is recommended initially that the fee be $25 .00 , plus costs if outside consultants are brought in to help evaluate the request , which costs are to be passed on directly to the applicant over and above the basic fee . This recommenda- tion is contained in Resolution No. 2049 . Alternatives 1 . Set a higher or lower basic fee . 2 . Do not pass on consultant costs to variance applicant . 3 . Adopt Resolution No. 2049 . Requested Action Adopted Resolution No. 2049 , A Resolution Amending Resolution No. 1943 A Resolution Setting Fees for City Licenses , Permits , Services and Documents by Establishing a Fee for Applications for Variances or Amendments to the Cable Franchise Ordinance. JKA/jms RESOLUTION NO. 2049 A RESOLUTION AMENDING RESOLUTION NO. 1943 A RESOLUTION SETTING FEES FOR CITY LICENSES , PERMITS , SERVICES AND DOCUMENTS BY ESTABLISHING A FEE FOR APPLICATIONS FOR VARIANCES OR AMENDMENTS TO THE CABLE FRANCHISE ORDINANCE WHEREAS , Resolution No. 1943 , adopted by the Shakopee City Council on December 1 , 1981 , established fees for various City services ; and WHEREAS , Ordinance No. 100 , Section 14.04, B. 3 . a. , adopted by the City Council on September 7 , 1982 , provided that a fee for an administrative variance procedure be established by resolution of the City Council . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that Resolution No. 1943 is hereby amended , effective immediately to provide the following rates : Application fee for variance from or amendment to the Cable Ordinance $25 .00 Costs of consultants hired to assist the City in considering variance applications will be billed to applicant based on actual cost to the City. Notification will be sent to applicant that consultants will be utilized when that determina- • tion has been made. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1982 . Mayor ot the City ot Shakopee ATTEST: City Clerk - �- Approved as to form this day of , 1982 . City Attorney 57C . MEMO TO : John K . Anderson City Administrator % FROM: H. R. Spurrier City Engineer RE: Improvement of Block 2, Tirib r Trails By Storm Sewer Lateral Improvement Project No. 82-5 DATE : September 17, 1982 Introduction : The above-referenced project was order by Resolution No. 2035. backgound : Plans and Specifications for the improvement of Block 2, Timber Trails by Storm Sewer were not ordered because the City of Shakopee Standard Specifications for Construction and Reconstruction of Roadway contain the necessary specifications for the project. Attached kesolution No. 2052 approves those plans for the construction of a swale as specified in the Feasibility Report and orders the construction using day labor. Action Requested : Adopt Resolution No. 2052, A Resolution Approving Plans And Specifications And Ordering Work Done By Day Labor For The Improvement Of Block 2, Timber Trails, By Storm Sewer Lateral, Project No. 1982-5, in an amount not to exceed $5, 000. 00. HRS/jvm Attachment NOTE : Tuesday, Staff will submit a list of Contractors and cost estimates for the balance of the work. RESOLUTION NO. 2052 A Resolution Approving Plans And Specifications And Ordering Work Done By Day Labor For The Improvement Of Block 2, Timber Trails By Storm Sewer Lateral Project No. 82-5 • WHEREAS, pursuant to Resolution No. 2035, passed by Council on August 3, 1982, Henry R . Spurrier, City Engineer, was designated engineer for the improvement and has prepared Plans and Specifications for the improve- ment of Block 2, Timber Trails by Storm Sewer Lateral, Project No. 82-5 and has presented such Plans and Specifications to the Council for approval; and WHEREAS, the estimated cost of such improvement does not exceed $5, 000. 00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. Such Plans and Specifications, a copy of which is on file and of record in the office of the City Engineer, are hereby approved. 2. Henry R. Spurrier, City Engineer, shall proceed under the direction of the Council as given from time to time to carry on all work in connection with such improvement in accordance with the Plans and Specifications herein approved. Adopted in session of the City Council of the City of Shakopee, held this day of , 1982 . Mayor of the City of Shakopee ATTEST : 2c1 MEMO TO : John K. Anderson City Administrator 1 4 1 FROM: H . R. Spurrier City Engineer N '�tl*^' C RE: Improvement of the AIIey, 'n Block 50, Sh Kopee City Public .lmprovement Project No. 82-4 DATE : September 16, 1982 Introduction : Resolution No. 2051, attached, provides for the construction of the alley in Block 50 by day labor. Background : Plans and Specifications were not ordered for the alley in Block 50 because the City Standard Specifications for Construction and Reconstruction of Roadways contained all of the requirements for alley construction. Resolution No. 2051 approves those Plans and Specifications for alley construction and orders the construction using day labor. Action Requested : Adopt Resolution No. 2051, A Resolution Approving Plans And Specifications And Ordering Work Done By Day Labor For The Alley In Block 50, Shakopee City, Public Improvement Project No. 82-4. HRS/jvm Attachment NOTE : Tuesday, Staff will submit a list of Contractors and cost estimates for the balance of the work. RESOLUTION NO. 2051 A Resolution Approving Plans And Specifications And Ordering Work Done By Day Labor For The Alley In Block 50, Shakopee City Public Improvement Project No. 82-4 WHEREAS, pursuant to a resolution passed by the Council on August 3, 1982, Henry R. Spurrier, City Engineer, was designated engineer for the improvement and has prepared Plans and Specifications for the improvement of the alley in block 50, Shakopee City, by paving and has presented such Plans and Specifications to the Council for approval; and WHEREAS, the estimated cost of such improvement does not exceed $5, 000. 00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. Such Plans and Specifications, a copy of which is on file and of record in the office of the City Engineer, are hereby approved. 2. Henry R. Spurrier, City Engineer, shall proceed under the direction of the Council as given from time to time to carry on all work in connection with such improvement in accordance with the Plans and Specifications herein approved. 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 96L-/ MEMO TO: Shakopee Housing and Redevelopment Authority (HRA) and City Council FROM: Jeanne Andre, Executive Director HRA RE: Amendment to Elderly Highrise Tax Increment Project DATE : September 13 , 1982 Introduction: The City Council is scheduled to hold a public hearing to consider the amendment to the elderly highrise tax increment project area adopted by the HRA on August 17 , 1982 . If the amendment is approved by the City Council , the HRA needs to authorize purchase of three lots to provide for the construction of the Levee Drive extension. Background : The HRA forwarded the amendment to the project area to the Planning Commission to determine its conformance to the Comprehensive Plan and other zoning districts . The Planning Commission ruled in a favorable manner at its September 9, 1982 meeting ( copy of letter attached ) . The City Council must hold the public hearing and consider whether it will approve the amendment , which includes three additional lots in the project area and allows for the acquisition of those lots and development of property within the district as development objectives for the project . If the modification is approved by the City Council , the HRA needs to approve the purchase of Lots 8, 9 and 10 of Block 7 , Original Shakopee Plat , for the sum of $14,058 , as negotiated by the City Engineer with Northern States Lumber Co. Requested Action: Council : 1 . Hold public hearing. 2 . Adopt Resolution No . 2047 , a Resolution Approving a Modification by Enlargement of the Redevelopment Plan for the Elderly Highrise Redevelopment Project, and Authorizing the Preparation of the Plan Related Thereto . HRA: Authorize purchase of Lots 8, 9 and 10 of Block 7 , Original Shakopee Plat , for the sum of $14,058 . 00 from Northern States Lumber Co . JA: cu Attachment "cor.,v,*. V , CITY OF SHAKOPEE ' INCORPORATED 1870 129 E. First Ave. - Shakopee, Minnesota 55379-1376 (612) 445-3650 September 9, 1982 r • Mayor Eldon Reinke City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 RE : Amendment to Elderly Highrise Redevelopment Project No. 1 Dear Mayor Reinke : At its September 9, 1982 meeting the Shakopee Planning Commission reviewed the above-listed amendment adopted by the Shakopee iiou:;iinp; :incl Redevelopment Authority on Auhu;,t 17 , 1982 . Thu 1' La.nnling Couun_I ;lou found the u►odLFie:tLlo►I to Llic 1{udeve lop- ment Plan conforms to the City of Shakopee Comprehensive Plan, the Zoning Ordinances and any other general plans for the development of the project area and surrounding area. • Si c re y , T1r�l •,:� Schmitt 'hairman Shakopee Planning Commission JA/j vm � /] i' I/ t' iI ! /' r o iJ r t' ti � �1 I I An Equal Opportunity Employer RESOLUTION NO. 2047 A RESOLUTION APPROVING A MODIFICATION BY ENLARGEMENT OF THE REDEVELOPMENT PROJECT AND MODIFICATION OF THE AMENDED REDEVELOPMENT PLAN FOR THE ELDERLY HIGHRISE REDEVELOPMENT PROJECT, AND AUTHORIZING THE PREPARATION OF THE PLAN RELATED THERETO BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota, as follows: Section 1. Recitals. 1.01. This Council has received from the City Housing and Redevelopment Authority (the Authority) a resolution of the Authority determining to undertake a Modification by Enlargement of the Redevelopment Project and Modification of the Amended Redevelopment Plan previously established as the Elderly Highrise Redevelopment Project No. 1 (the Project), a proposed Modification by Enlargement of the Redevelopment Project and Modification of the Amended Redevelopment Plan, and a written opinion of the Planning Commission related thereto. 1.02. This Council, by its Resolution No. , adopted on the 17th day of August, 1982, called a public hearing on the Project and the proposed Modification by Enlargement of the Redevelopment Project and Modification of the Amended Redevelopment Plan for the Project for Tuesday, September _, 1982. Notice of the hearing was published in the official newspaper as required by law; and said hearing was held on September _, 1982, and all persons appearing thereat were permitted to present their views on said Modification. 1.03. Prior to the commencement of the hearing, this Council received the written opinion of the Planning Commission stating that the Modification to the Amended Redevelopment Plan for the Project is consistent with the City's comprehensive plans and its planning and zoning ordinance. Section 2. Approval of a Modification by Enlargement of the Redevelopment Project and Modifcation of the Amended Redevelopment Plan. 2.01. The Council has reviewed and considered the Modification by Enlargement of the Redevelopment Project and Modification of the Amended Redevelopment Plan for the Project, the written opinion of the Planning Commission, the facts and views presented at the public heaing and other council meetings concerning said Modification, and the facts and circumstances concerning the City and the Project Area and its development. 2.02. On the basis of such review and consideration, the Council hereby determines that (1) the land in the Project Area would not be made available for redevelopment without the financial aid to be sought; (2) the redevelopment plans for the redevelopment areas in the locality will afford maximum opportunity, consistent with the sound needs of the locality as a whole, for the redevelopment of such areas by private enterprise; and (3) the redevelopment plan conforms to a general plan for the development of the locality as a whole. 2.03 The Council hereby determines that the approval and undertaking of the Modification by Enlargement of the Redevelopment Project and Modification of the Amended Redevelopment Plan for the Project and the actions described therein are necessary to and will result in the accomplishment of the public purposes specified in Minnesota Statutes, Section 462.415, in the City. 2.04. The Council hereby determines that economic and other benefits will, or are likely to, accrue to the City and its inhabitants as a result of the approval and undertaking of that portion of the Project described in the Modificiation by Enlargement of the Redevelopment Project and Modification of the Amended Redevelopment Plan for the Project. Section 3. Modification by Enlargement of the Redevelopment Project. 3.01. The Modification by Enlargement of the Redevelopment Project to include Lots 8, 9 and 10 of Block 7, Original Shakopee Plat, is hereby approved. 3.02. The City Administrator is authorized and directed to take all actions on behalf of the City, subject to such approval of this Council as may be required by law, to implement and carry out the Modification by Enlargement of the Redevelopment Project and Modification of the Amended Redevelopment Plan for the Project. 3.03. The City Engineer is hereby authorized and directed to prepare feasability studies relative to the construction of the public utilities and other public improvments to be provided in accordance with said Modification. 3.04. The Housing and Redevelopment Authority is authorized and directed to take all actions necessary to implement and carry out the Modified Amended Redevelopment Plan, including the acquisition of land as provided in said Modification of the Redevelopment Project and Modification of the Amended Redevelopment Plan, subject only to such approval of this Council as may be required by law. Section 4. Modification of the Redevelopment Project and Modification of the Amended Redevelopment Plan, Approval and Implementation. 4.01. The Modification of the Redevelopment Project and Modification of the Amended Redevelopment Plan for the Project are hereby approved. Adopted in adjourned regular session this day of September, 1982. Eldon Reinke, Mayor ATTEST: Judy Cox, City Clerk PROPOSAL FOR COMMUNITY DEVELOPMENT BLOCK GRANT Shakopee, Minnesota TO: Shakopee City Council FROM: Valley Development Company (VDC) 1. General Background VDC is a general partnership to be formed in Shakopee , Minnesota , consisting of 10 - 15 individuals interested in commercial and residential development. John M. Manahan and A. L. Furrie are among the proposed partners and currently represent VDC as it ' s attorney and agent respectively. It is our understanding that the City has indicated it ' s priority in the use of Community Development Block Grant (CDBG) funds is to address water and sewer problems , street construction and home rehabilitation along east Second Street. This Proposal considers this priority; VDC feels that this Proposal addresses some of the problems identified by the City and additionally provides some solutions to other problems. 2. Outline of Proposal A. Construction of a 15 to 20 unit apartment complex (two or three building with not more than 4 to 6 apartments per unit) on an "L-shaped" parcel , between East Second and Third Avenues ; 1. 15-20% of the units would be made affordable to low and moderate income families ; 2 . Located in an area which might now be considered "blighted" ; 3. Would provide a "buffer" zone between a commercial zone and a residential zone; 4 . As explained below, it would eliminate the need to complete Shawmut Street north of Third Avenue. 5 . Would also eliminate need to provide sewer and water service or to pave the street on Second Avenue east of Naumkeag Street; 3 . Explanation of Location of Project A. Apartment Complex (4 to 6 units per structure) 1. Location a. Located on property partially described as : P/O Lots 1 & 4 , Block 1, Furrie' s Second; Lots 1, 9 & 10 , Block 34 , East Shakopee; Lots 6 , 7 & 8 , Block 29 , East Shakopee; Shawmut Street lying North of the South 70 feet of Third Avenue; South 20 feet of Second Avenue between the west line of Lot 8 and the NW corner of Furrie ' s Second Addition; Alley in Block 34 and in Block 29 (lying east of the west line of Lot 8) ; North 10 feet of Third Avenue lying south of Block 34 . b. The above area is approximately 86 , 160 square feet (just slightly less than 2 acres) ; c . The area is currently zoned R-3 . 2. Assistance Required from the City: a. Vacate the streets and alleys described above ; b. Assistance in acquiring the parcels described in 3 A (1) a above ; c . Consideration of granting appropriate variances , conditional use permits , or establishing the project as a PUD; d. Land write down; e. Mortgage revenue bonding may be requested; f . Consideration for tax-increment financing district assistance; 3 . Present Use of Land Described Above: a. All of the land is now vacant with the following exceptions : 1. The alley in Block 29 provides access to the north side of Lots 1 through 5 ; 2 . House is located on Lot 10 , Block 34 ; 3 . Owner of Lots 6 & 7 , Block 29 , has a house on Lot 6 ; 4 . An unattached garage is located on Lot 8 ; 5 . The South 20 feet of Second Avenue is a gravelled roadway providing access to the buildings referred to above; 6 . Shawmut Street is presently an unconstructed street; b. The North half of Lots 9 and 10 is a residence facing Naumkeag; c. The South half of Lots 9 and 10 is a residence facing Naumkeag. 4 . Description of the Project A. Apartment Complex 1. Each apartment would be approximately 1,000 square feet; 2. Rental rates would be approximately to per month; 3. Off street parking would be provided; 4 . Easements for emergency vehicles would be granted; 5. Easements for ingress and egress would be granted to nearby residences , in lieu of alley; 6 . All access and utilities would be provided from Third Avenue; 7. Present trees and shrubs would be retained as much as possible. 8. Additional landscaping would be added to the project to insure that the project is adequately separated from adjacent zoning. 5 . Commercial Development Adjacent to Apartment Complex A. Possibility of commercial development (restaurant) on the west side of Marschall Road adjacent to and south of the railroad across from McDonalds; B. Would develop a parcel which otherwise will most likely not be developed; C. Owner ' s equity in land (private funds) would be committed to the project. D. Unemployed individuals living in the nearby area would be sought out and encouraged to make application for employment; their applications would be considered first. 1 d \ D �G } S9'� w a \ en 1 t \ J O i ..- 1 °� f_ ,_ 69 96 --- en 1' , 005}:____ 0 -coN 3 2. . g Q .• z o W , W ,6\v_____ 30 X30 o-, __—S CO )21 .701..... i r r .„, 0 Q r ) rn OD t'" t-k .6\ [ 1 1 \;6 t.. N z 1 a t� 1 Z t 1 \ ' -' � o , It 100 1 j �i �7,03 0 N n l , (y 1ct9__ N Q J 113 , o Y ` 0- 10v ' 2 .\ V s t ci 5g\' Z N \.� dp t \ \,-:-0 'bn 3 �- M 1 \ Cr m t M J y9t, .--C\ �, N t n �, 1 ti 7:080 r -- � _ � b b 0£ � � _(1- o N- £Z £ ;, at' ° c>> /� -- cN 1�; M G0,8100 N a 0(<10.. . 6 F ZCO-- °N 100.00` �� ,6)c> , fj (l °y O t' 8 N --f' 0 =- 16 N\90 63 _- () _� o � � ' a0 I •� 40 in �� 1 t6 0 1 l� 1.- .) 6. \ -7U o ,,J � 1 _J Harm a Ci I ,i .0 "-tc>c. ...fG' MEMO TO: John K. Anderson/City Administrator FROM: Jeanne Andre/HRA Executive Director RE: Fiscal Year 1982 Community Development Block Grant (CDBG) Application DATE: September 17 , 1982 Introduction A public hearing has been scheduled in anticipation of submission of an application for Community Development Block Grant funding for fiscal year 1982. The purpose of this hearing is to accept comments from the public on potential projects and give staff direction as to which projects to pursue . Background Applications for CDBG funding in fiscal year 1982 are due October 12 , 1982 . Therefore we must determine the broad objectives to be addressed by the grant and direct staff to prepare the application. In December, 1981 , the Housing and Redevelopment Authority considered a number of potential projects for grant funding. Staff was directed as a first priority to work on a sewer/water/housing rehabilitation project for Second Avenue between Market and Shawmut . The second priority selected was for downtown redevelopment and public improvements . Staff has undertaken a survey of residents along Second Avenue and tried to develop a project concept in line with the grant guidelines . There is no longer imminent threat to health and safety in existing • sewer and water facilities , so one of the main criteria is gone . However over 50% of the residents are low-income so some activities may be undertaken under that criteria. In addition possible economic development and new multifamily construction have been suggested in relation to this project . Al Furrie and John Manahan will attend the public hearing to present these options . One possible problem with this project is that very few of the residents ( tenants or owners ) are interested in water or sewer improvements .. None of the resident owners are willing to be assessed for these improvements , (none of the non-resident owners were surveyed) . Surveys have been prepared for downtown parcels , but not conducted. No specific project has been conceptualized, but a project could in- clude commercial and residential rehabilitation which will serve low/ moderate income persons and create or maintain jobs . Alternatives Direct staff to follow through on an application for a fiscal year 1983 CDBG on one of the following projects : a . Second Avenue b. Downtown c . Another project suggested at the hearing. CDBG Application Page -2- 9/17/82 Requested Action Select from the project alternatives and direct staff to prepare an application for a fiscal year 1982 Community Development Block Grant prior to the October 12 , 1982 deadline . • JA: cau ----9--.. -1 L., ------_____________________ • D a Cr I . j C M y 8 .1 /! 4 JI ',1 • . AY iI te i 6 A 6 61t ,.-> 6 5 • et 1t -Er it ,> 4 1 47 y 4• o O a� $ �,a, S t 1 t .� 8 32 i- 31 ' IO' ST %I �`\I 4 to 41 14F l ;I � r 41 6 3 to, G . '. IIME UN ' 1 ) $ M IIMI l Z b 5 ; MI Gco7 Sror aa ' M Int i' trot 3 b101 2 0 10 76 l � . , ;;I0 I Co 1 r�� �� 1 _ N rL_ __ T o .____._____,____,, - e. u 6 5 j ' § " CE M4‘' lie T mi mu 4 $rb y'e4 F 7-- * 16 ttb I i a 4 arh 14 pet, a, 10 -9b RA 4b £lob . I 0 I1 u uQ �Q Q Ell 14 A G R sr� ' 6 a, wr �� 47 uGSa 4-'7r. Jaz : , 9 10 � -,s � 6� - 1 ,2 oc 1 $ -) tvl ,moi AitY.&__ s IU . ST 1 iD Sog ;4 ho I �i MU . KM ' 'a7 TZT. . 'I` S r . 3-1 Z _ ' i' EI-i^l�Ill ,., (,„ ............... •. tai 2 --:: :Lz4:A ICU "'" ET 1anya; / MEMO TO : John K. Anderson City Administrator FROM : H. R. Spurrier , - City Engineer RE : Pavement Evaluation DATE : September 17, 1982 Introduction: Attached is a bill from Midwest Pavement Management, Inc. Background : The bill represents a progress payment for the pavement evaluation presently being undertaken by the firm. Action Requested : Authorize payment of $1,811. 50 to Midwest Pavement Management, Inc. , 15500 Wayzata Blvd. , Suite 630, 'Wayzata, MN 55391 for consulting services to be paid from Account No. 01-4310-405-41. HRS/jvm Attachment M' ' inc MIDWEST PAVEMENT MANAGEMENT, INC. PAVEMENT MANAGEMENT CONSULTANTS ' Suite 630.15500 Wayzata Boulevard Wayzata, Minnesota 55391 (612) 475-9957 Refer to File: 82-083 August 31, 1982 Mr. H. R. Spurrier, P.E. CITY OF SHAKOPEE 129 East First Avenue Shakopee, Minnesota 55379-1376 re: NONDESTRUCTIVE TESTING AND EVALUATION FOR PROFESSIONAL ENGINEERING SERVICES RENDERED FOR ROAD RATER TESTING AND EVALUATION Road Rater: 7.3 hrs. @ $105.00/hr. $ 766.50 Principals Dr. E. L. Skok 8.0 hrs . @ $ 50.00/hr. $ 400.00 E. Lukanen 12.5 hrs. @ $ 50.00/hr. $ 625 .00 Clerical 1.0 hr. @ $ 20.00/hr. $ 20.00 TOTAL AMOUNT DUE THIS INVOICE $1 ,811.50 Llif; ClK David S.Holt,P.E. Erland 0.Lukanen,P.E. Robert B.Roscoe, P.E. Eugene L.Skok,Jr.PhD. Franc Strgar,P.E. MEMO TO : John K. Anderson City Administrator 01 FROM: H. R. Spurrier APIP City Engineer �� �� RE : Valley Industrial Boule d South Project No. 1982-2 DATE : September 17, 1982 Introduction : Attached is Change Order No. 3 for the above-referenced project . Background: Item No. 1, CulvertCorrection, is an item not included in this contract cost. The amount $2,887. 50 will be credited the City by Suburban Engineering, since the work was performed as a result of ambiguous off-sets marked by the consultant ' s surveyor. Item No. 2, a temporary sewer service connection was required when the Pouliot sanitary sewer service line was cut in construc- tion of the retaining wall. The Pouliot service line was very shallow and was lowered in order .to give proper clearance for the ditch flow line . Because proper equipment was not available when the sewer service was broken, a temporary connection was made and then a permanent service was constructed later. The table below summarizes the project cost incurred to date, including the estimated total cost of the project to be assessed. Original Contract $141,583 . 80 Change Order No . 1 thru 2 4 ,626 . 13 Quantity Change 1,415. 97 Total Before Change Order $147,625. 90 Change Order No. 3 6 , 146 . 29 Less Suburban Engineering Credit 2,887. 50 TOTAL $150 ,884 . 69 Total Cost represents a 6 . 6 percent increase-£ 5. 6 percent by Change Order and; 1. 0 percent by quantity change John K. Anderson September 17, 1982 Valley Ind. Blvd. So. Page -2- Action Requested : 1. Approve Change Order No. 3 for Valley Industrial Boulevard South Roadway Construction, Improvement No. 1982-2 in the amount of $6 , 146 . 29. 2. Approve Partial Estimate Voucher No . 2 to Valley Paving, Inc . , 12494 Wyoming Avenue South, Savage , MN 55378 for Valley Industrial Boulevard South, Improvement 1982-2 in the amount $17,696 . 26. HRS/j vm Attachments : Change Order No. 3 Partial Estimate Voucher No. 2 CHANGE ORDER Change Order No. : 3 Project Name: Va8-:l.ey Ind. Blvd. So Roadway Const . Date: September 10 , 1982 Contract No. : 1982-2 Original Contract Amount $ 141, 583. 80 Change Order(s) No. 1 thru No. 2 $ 4 ,6 26 . 13 Total Funds Encumbered Prior to Change Order $ 1146 ,209 . 93 Description of Work to be (Added/Deleted): (1) Culvert Correction ( see attachment ) (2) Temporary Sewer Service Connection (see attachment ) (3) Permanent Sewer Service Connection ( see attachment ) (4 ) Bituminous Patch for Sewer Service (see attachment ) 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/drdtWagrA4 by $ 6 , 146 . 29 • The number of calendar days for completion shall be (increased/decreased) by 0 Original Contract Amount $ 141,583. 80 Change Order(s) No. lthru 3 $ 10, 772. 142 • Total Funds Encumbered $ 152,356 . 22 Completion Date: September 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: i Of 4 c c. By: j00171-001 Tit - : rue's Date: , A; APP 0/ED AND R',Coyt END (?:�� L� ► / > 82. C'ty` Enginee' ate \\ APPROVED: \4 ty of Shakopee By: • Mayor Date Approved as to form this day of City Administrator Date . 19 City Clerk Date City Attorney Valley Industrial Boulevard South Roadway Construction Project No . 1982-2 Attachment for Change Order No. 3 (1) Culvert Correction a) Mobilization L. S. $ 750 . 00 b) Crew Time . 7 . 5 hrs . @ $285 . 00 2, 137. 50 Total $2,887. 50 ' (2) Temporary Sewer Service Connection a) Crew Time $ 112 . 50 b ) Materials 47. 11 Total $ 159 . 61 (3) Permanent Sewer Service Connection a) Crew Time 7 . 5 hrs. @ $285 . 00 $2, 137. 50 b) Mobilization and Dyne Pac w/ operator L. S. 500 . 00 c ) 4" PVC 90 L.F. @ $0 . 89 80 . 10 d) 4" Fence 2 ea. @ $8 . 28 16 . 56 e) 45° Bend 2 Ea. @ $4 . 43 8 . 86 f) Insulation 192 B.F. @ $0. 52 99 . 84 Total $2,842. 86 (4 ) Bituminous Patch for Sewer Service Patching L.S. $ 256 . 32 Summary ( 1) $ 2,887 . 50 ( 2) 159 . 61 (3 ) 2,842 . 86 (4 ) 256 . 32 GRAND TOTAL $ 6 , 146 . 29 PARTIAL ESTIMATE VOUCHER Contract No. 82-2 Partial Estimate Voucher No. 2 Period Ending: August 31, 1982 TO: Contractor Valley Paving, Inc . Address 12494 Wyoming Avenue South, Savage, MN 55378 Project Description Valley Industrial Boulevard South 1. Original Contract Amount' $ 141,583 . 80 2. Change Order No. 1 Thru No. 3 $ ' 10 , 772 . 42 3. Total Funds Encumbered $ 152,356 . 22 4. Value of Work Completed $ 114, 137. 07 Value of Work Remaining 5. 5 Percent Retainage $ 5, 706 . 85 $ 38 , 219 . 15 6. Previous Payments $ 90 , 733 . 96 Percent Complete 7. Deductions or Charges $ -0- 8. Total $ 96 ,440 . 81 75 Percent Payment Due (Line 4 - Line 8) $ 17,696 . 26 CERTIFICATE OF 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: OLI/ 'p ,4C BY: li ��-✓ TITLE: DATE: AJP' j' P •- 1TY OF SHAKOPEE City '' tngineer Da'e City Administrator Date Page 1. of 2 PAYMENT ESTIMATE No. 2 CONTRACT NO. 82-2 City of Shakopee, Minnesota 55379 • Contractor: Valley Paving, Inc. , 121194 Wyoming Avenue South, Savage, MN 55378 Amount of Contract: Dates of Estimate: Original $0/1/5 3. 8o From relu 7, // / Z Revised $/3-2-,35&,22- To 4, 3 /, /96.2- Description of Project: • Valley Industrial Boulevard South Contract Items This_ Period Total_ to Date Item No. Contract Item Qty. Unit Unit Price Qty. Amount Qty. Amount 1 Clear & Grub 17 In/ $ 1.85 -o- -o- - cam- - n- Dia 2 Base Prep & Test Rollirc 27.4 R.S. 440.00 /, '-/-5- 6 3no 22- c"'ep Do 3 Class V Aggregate (3138; 7,560 Ton 4.35 i '7 3 7e i/S ke$y 29j097./5- 4 3" Bit. Base Course 10,190 Sq.Yd 3.00 /6,5- N-95.00 /O/yt 3D 3?x.,00 (2331) 5 li" Bit. Binder Course 10,190 Sq.Yd 1.65 -0- - 0- -D- 1, (2331) 6 15" CMP, 14 ga. 103 L.F. 12.20 -o- --c- /p3 X25." . 60 7 22" x 36" CMP, 14 ga. 240 L.F. 17.65 -0- -o - .2 y-D 11--236 ao 8 27" x 43" CMP, 14 ga. 340 L.F. 22.50 -0- -0- 3Wf0 '71o5a o0 9 15" CMP Apron, 16 ga. 4 Ea. 115.00 -0- -0 - Lf if6,0 00 10 22" x 36" Apron, 16 ga. 12 Ea. 183.00 -©- -0- /2 2/96 o0 11 27" x 43" CMP Apron 12 Ea. 235.00 -o - _o /7 2e-20Do 12 24" RCP, Cl. IV w/R-4 60 L.F. 25.50 -o- -0 - 5e' /44,y9 co .101 U t, 13 24" RCP Apron 2 Ea. 260:00 / 260 00 14 Riprap w/filter blanket 190 Ton 14.00 -0 - -e7-- 15 p-15 Seed & Mulch 6,000 Sq.Yd • .73 -D- -D - -o- - o- .16 Sod 4,000 Sq.Yd 1.65 -o - -o--' -D- -0- 17 'I'.i.mbor Ret,ain.i_m Wall I ,000 11(1. h'I., 6.58 /4L05- 9Zgt-it 90 /zfO.S G'2- 'f 0 Paye or Valley Paving, Inc . Contract No. 82-2 Valley Industrial Boulevard South i'aymenL Estimate No. Contract Items This Period Total to Dat( Item No. Contract Item Qty. Unit Unit Price Qty. Amount Qty. Amou 18 Reconstruct Ex. 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U1 0 0 O) �] ',] O JN • • . • O �] •N 0 �) 0 -A 0 0, 0 (A) v 4A 0 0 0 N 0) 0) N H H H S 0 U1 . O 0 0 co 0 �] -) U1 0 0 0 01 0 0 A • ND r. 4 .) Cn (0 c0 C0 CO CO (0 c0 C0 C0 (0 (0 (0 (0 c0 CO cD c0 (D e) -] -] -1 -1 -1 -1 -] J �1 -] -1 -] �] -] -] - - ) .) 9'4 0) 0) 0) CP 01 01 Cn Cn U1 01 U1 U1 01 01 .A 4N A A Z CA) N H 0 co co J 01 01 A CO N) H 0 co co J 0) 0 i /oma MEMO TO : John K. Anderson City Administrator FROM: H. R. Spurrier City Engineer •� ,f.\ RE : County Road 83 Widening Project No. 1982-1KT DATE : September 17, 1982 Introduction : The contractor for the above-referenced project has requested a 15-day time extension. Background: In the contract proposal, the contractor could specify the completion date for the above-referenced work. Hardrives , Inc . specified September 15 , 1982. The contractor has lost four days to rain and requested an extension to September 30 , 1982 . The extension does not exceed the time for completion specified in the Special Conditions . The Special Conditions specify that the paving should be complete by September 30th. The contractor asked for a 15-day extension from September 15th to September 30th for completion of the paving. Recommendation : It is the recommendation of City staff that the completion date be changed to September 30th for paving and October 31st for restoration for County Road 83 Widening, Contract No. 1982-1KT. There shall be no change in the contract amount . Action Requested : Approve Change Order No. 1 for County Road 83 Widening, Contract No. 1982-1KT. HRS/j vm Attachment CHANGE ORDER Change Order No. : 1 Project Name: County Road 83 Widening Date: Contract No. : 82-1KT Original Contract Amount $ 167, 291. 50 Change Order(s) No. 1 thru No. $ -0- Total Funds Encumbered Prior to Change Order $ 167 , 291. 50 Description of Work to be (Added/Deleted): Change completion date for paving only from September 1, 1982 to September 30, 1982 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/decreased) by $ 0 . 00 The number of calendar days for completion shall be (increased/d4edtkliNcW by 30 days , Original Contract Amount $ 167,291. 50 Change Order(s) No. 1 thru 1 $ 0 . 00 Total Funds Encumbered $ 167,291. 50 Completion Date: September 30th (Paving) , October 31, 1982 (Remainder) • 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: //., /,'c,‹..`.„, _..l,,--i c , By --_, �� Title: �e-', ���,-- Date: /[� APPRIVi I AND 'ECCMMENDED: t ity �'n••ine Jsts APPROVED: City of Shakopee By: Mayor Date Approved as to form this day of City Administrator Date 19 ' City Clerk Date City Attorney AIM 040100° ARDRIVES, INC . ^17A MAPLE GROVE EXECUTIVE CENTRE P.O.BOX 579 1Alk DY 7200 HEMLOCK LANE NORTH ST.CLOUD,61M 37556302 L MINNEAPOLIS,MN 55369 (612) 1 (612)424-4424 - RR.3,BOX 120 SHAKOPEE,MN 55379 (812)445-5633 • September 1 , 1982 City of Shakopee 129 East 1st Avenue Shakopee, Mn. 55379 Attn: Ray Ruska RE: Co. Rd. #83 - Widening S.P. #1982-1KT Our Job #2208 Dear Ray: According to specification, we respectfully request an extension for completion of paving only; to September 30, 1982. This extension is mainly due to 4 days of rain out of the last 9 days, starting on August 23, 1982. Your consideration is greatly appreciated. Sincerely , ?fames E. Potz Division Manager HARDRIVES, INC. JEP/cam J O \z' MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Four Year Bid Cycle on Health, Life. and Long Term Disability Insurance DATE: September 16 , 1982 Introduction • The Finance Director and I , with the assistance of Lee Hennen of the Capesius Agency, have completed the preparation of specifica- tions for bidding the above mentioned insurances . Specifications The specifications are based upon the specs used four years ago and have been updated to reflect changes in the program over the last four years . We have made it clear in the specs that the three types of insurance can be bid separately or as a package . In addition we have included an option for including City Council Members . The bids are to be received November 1 , 1982 with the award effec- tive January 1 , 1983 . A copy of the notice is attached and the specs are available for any Councilmember to review if interested. Finally the City may have a health maintenance Alternatives 1 . Authorize staff to advertise for bids . 2. Don' t authorize staff to advertise for bids . 3 . Modify the bid specs . Recommendation Staff recommends alternative No. 2 . Action Requested Motion directing staff to advertise for bids for Health, Life and Long Term Disability Insurance to be received November 1 , 1982 , awarded December 21 , 1982 and effective January 1 , 1983 . JKA/jms SHAKOPEE, MINNESOTA HEALTH AND LIFE INSURANCE Bid Opening November 1, 1982 at 2:00 p.m. • The City of Shakopee, Minnesota in accordance with Minnesota Statute 471.66, will receive bids for a program of Group: a) Health b) Life c) Long Term Disability as separate coverages or as a package, per specifications. All bids must be received no later than 2:00 p.m. Monday, November 1, 1982 at City Hall, 129 East First Avenue, Shakopee, Minnesota, 55379 at which time they will be opened and tabulated. Bids will be considered by the Council on December 21, 1982 at 8:00 p.m. , or therefore, in the Council Chambers at City Hall. Bids must be submitted on the Bid Sheet forms provided with the. specifica- tions. Bids submitted in any other fashion will be disqualified. The City of Shakopee reserves the right to accept or reject any and all bids, and further reserves the right to accept the bid which in its judgment is to be in the best interest of its employees. Each bid shall be accompanied by a cashier's check, certified check or bid bond in the amount of $500.00, which shall be forfeited to the City of Shakopee if the bidder fails to enter into a contract within fourteen (14) days after award of the bid. No bids may be withdrawn for a period of sixty (60) days after the opening of the bids. • Jud:t S. Cox Cit 'lerk • CITY OF SHAKOPEE At- INCORPORATED 1870 • 129 E. First Ave., Shakopee, Minnesota 55379 (612)445-3650 7� F, = '"t TO mF n Ander cox, Administrator cr r". FROM: k / Public Works Dept. • SUBJECT: Lewis St. Parking restriction DATE: near 10th Ave. 9-10-82 BACKGROUND: In 1979 the Common Council instructed the Street Department to install "2 Hour Parking During School Hours" signs in the vicinity of Lewis Street and 10th Ave. This action was intended to discourage high school students from parking in the neighborhood, and to use the parking lot east of the High School. PROBLEM: Since school began this session, several of the neighbors have been requesting the Police Department to enforce the signs installed to help control this parking problem. Sgt. Kaley, of the Shakopee Police Department asked the Street Department to define or establish the 2 hour parking zone so they could enforce the area as requested. • We've been searching the minutes of 1979 in order to understand the Council's intent when this motion was directed toward the Street Depart- ment. According to our records, the signs were installed October 1, 1979, but we have been unable to locate this motion by the Council in the min- utes. I recall that the motion to install the signs was vague in declar- ing how far north the signs were to be installed on Lewis Street because there isno parking problem on the north end of the street, only near 10th ave. All of the residents want the 2 hour parking signs to remain from 10th Ave. to Verda Wolf 's property at 922 Lewis, with the exception of John Muer, 928 South Lewis. Mr. Muer claims that he has no off street parking available so he wants to keep his vehicles on the street without a restriction. Sgt. Kaley has since requested us to' keep the signs lo- cated only to the north edge of the Leo Thomas property(934 S . Lewis) but Mrs. Verda Wolf (922 Lewis)wants the parking restriction in front of her house as well. We've asked the neighbors to talk it over .and come up with an agreement amongst themselves before it is enforced further. The Heart of Progress Valle !' An Equal Opportunity Employer icsz CITY OF SHAKOPEE ``:t, '�4 tie . INCORPORATED 1870I' ...' 129 E. First Ave., Shakopee, Minnesota 55379 (612)445-3650 7� ;c ;1 ` k. e' It must also be noted, that the proposed calender parking restriction will also affect the parking in the street during the winter season. Sommerville Street near 10th Ave. has also experienced some park- ing problems from the High School, but no action has been requested by the neighborhood. ALTERNATIVES: 1. Ignore the problem and see if the neighbors can agree on a common solution. 2. Leave the signs in the same location. 3. Remove the signs and instruct the school to remind students to use the High School parking lot. 4. Establish a 2 hour parking restriction(during school hours) to Verda Wolf ' s property(250 feet from 10th Ave. ) and enforce it constantly without exception. 5. Establish a "2 Hour Parking During School Hours" area and in- struct John Muer to request an exemption to these restrictions. 6. Restrict the parking on the entire block to Shakopee Ave. The residents, near Shakopee Ave. however, are not experiencing any problems with school parking. RECOMMENDATION: Alternative # 5. Request Council to repeat the motion requesting the Public Works Dept. to install "2 Hour Parking During School Hours" on 10th Ave. from Sommerville to Holmes, and on Lewis Street ending 250 feet north of 10th Ave. TIe Heart of Progress Va hell An Equal Opportunity Employer / t - 10aL. I (2, ti DJ '-rt- /0 - . /N 6 ' SIGN , CA pEsI v s ;-.1 A061, / r 5(6N I, '...Y ' -- 1- 11' (q 3 11) BR OW Id / / , ,,- ./ \ ---",,---' k: Oa 6 ) gi'-'0;/-- d2v_wy ,/% /-', v a 2cIAV t' " _ s do.,wv (; ?_ a) toe s--� �/e c 4 __. 6 ,) r • ., ocp• , ( S6bo- - ( pA K k/A/c• pAchl-&t-1 6J0 < 61)3 E,evccl . -r'-/ • s ii ,q 1 E--(.11 15 S-i N Mkapee &immunit l Pruire 129 Levee Drive Shakopee, Minnesota 55379 Phone 445-2742 Community Education • Parks • Recreation • Adult Education George F. Muenchow, Dir. September 15, 1982 MEMO TO: John Anderson SUBJECT: MEMORIAL PARK POND ALGAE CONTROL Introduction In 1981 Staff recommended to City Council that a program of chemical application to be instituted at the Memorial Park Millpond to hinder algae growth and the resultant problems of odor and discoloration. At that time the Council directed that a request be made to the State Of Minnesota Department Of Natural Resources for their funding of this project. A negative reply was received from them in March of 1982. Following this information the Council instructed staff to make application to the DNR for permission to apply the chemical Copper Sulfate, to the ponds. This was done in July. In August a letter of denial was received. On August 25 a letter again was sent to DNR requesting a review of the previous denial. In September a letter was received from DNR reversing the previous denial. (See attachment) It now is too late in the season for application of chemicals to the pond for 1982. Authorization is needed from Council to submit an application for 1983 algae control. Alternatives I. Re—submit application to DNR chemical application in 1983. 2. Do nothing. Recommendation Authorize staff to re—submit an application for Memorial Park Millpond Algae Control to the Minnesota Department Of Natural Resources to take effect in 1983. A COOPERATIVE EFFORT OF THE CITY OF SHAKOPEE AND SCHOOL DISTRICT 720 SINCE 1954 4.''1 altopCC (0'111111111ituC1lii(CII til 129 Levee Drive Shakopee, Minnesota 55379 Phone 445-2742 Community Education • Parks • Recreation • Adult Education George F. Muenchow, Dir. 9/13/82 • John Anderson SUBJECT: MEMORIAL PARK MILLPOND TREATMENT Attached is the letter reversing the previously received denial to apply Copper Sulfate to the Memorial Park Millpond. As indicated, we will now have to re-apply for permission to do this in 1983. I recommend that you ask Council to authorize this soon so that staff can be ready to go when the time comes next summer. G.F.M. C.C. : Jim Karkanen A COOPERATIVE EFFORT OF THE CITY OF SHAKOPEE AND SCHOOL DISTRICT 720 SINCE 1954 M�STATEnOF DEPARTMENT OF NATURAL RESOURCES BOX , CENTENNIAL OFFICE BUILDING • ST. PAUL, MINNESOTA • 55155 DNR INFORMATION (612) 296-6157 FILE NO. September 9, 1982 George F. Muenchow Director of Shakopee Community Services 129 Levee Drive Shakopee, MN 55379 Dear Mr. Muenchow, This is in regard to your request for a review of the decision to deny your application for a permit to apply copper sulfate to the Mill Pond in Memorial Park. By way of introduction, it might be well to list the chronology of events leading up to this point. On 26 July 1982 DNR Metro Region Fisheries Office received an application from the City of Shakopee to control plankton and filamentous algae in the Shakopee Mill Pond. On 5 August 1982 Mark Ebbers, Aquatic Nuisance Control.,Specialist, sent a letter to the City of Shakopee denying their application for a permit. The letter listed three reasons for the denial : First, it said that Shakopee Mill Pond was considered to be flowing water and Section 3 (a) , para. 6 of Commissioner's Order 1938 did not allow chemical control of aquatic vegetation in flowing water; Second, the letter said that esthetic objections alone are not considered acceptable reasons for controlling aquatic vegetation and that Section 3 (a) , para. 2 of Commissioner' s Order 1938 states that permits will not be issued where vegetation does not interfere with recreational activities; and finally that Shakopee Mill Pond is managed at a trout stream and that use of chemicals might jeopardize the trout. The letter described above was received in Shakopee on 16 August 1982, and subsequent to its receipt George Muenchow, Director of Shakopee Com- munity Services called Dave Zappetillo of Ecological Services Section MDNR to protest the denial . Mr. Zappetillo told Mr. Muenchow that if the city desired, they could request a review of the application. Mr. Muenchow indicated that the city would do so, and on August 26 a letter was received Ecological Services Section requesting a review of the decision to deny the permit. On September 1, Paul Liemandt and I , accompanied by you and the City Administrator, personally inspected the Mill Pond. There had been a heavy rain the day before so it could be expected that the flow of water through the Mill Pond might be AN EQUAL OPPORTUNITY EMPLOYER page 2 September 9, 1982 heavier than normal . The "Shakopee Mill Pond" is actually a series of four ponds separated by dikes. These ponds get much of their water supply from a diffuse spring south of Highway 101 in the eastern part of Shakopee. The upper two ponds are stocked with trout by MDNR. The upper pond is perhaps a foot or two higher than the second pond, which in turn is about six or eight feet higher than the third pond. Culverts through the dikes carry water from one pond to the next. These culverts are probably a barrier to upstream migration of fish but would not prevent fish from moving downstream. The third pond, which is the one that the city wished to treat the algae, appears to be a fairly typical river bottom lake. This pond was sounded by the MDNR in 1981. The sounding crew found it impossible to use an outboard motor due to shallow depth and consequently sounded the lake from a canoe propelled with paddles. Maximum water depth is about 4 feet. The outlet to this pond is in the nature of an abandoned river channel or bayou. About a quarter mile east of the first two ponds there is a dike across the outlet of the third pond. This apparently is the site of the original mill dam and the building formerly occupied by the mill is still standing on the bank. The outlet channel below this dam is much the same in appearence as that above the dam, that of a river bottom bayou with numerous fallen trees and branches. We were informed that there was another dike somewhat downstream and then the water flowed a short distance thru a ravine and entered the Minnesota River. The area appeared to be ideal wood duck habitat. On September 1, the flow of water into and out of this third pond appeared to be essentially the same. Flow was not measured but was judged to be 1 cfs or less. The third pond has an area of about 13 acres and has an average depth of about 2 feet giving a volume of 26 acre feet. Assuming a flow of 1 cfs in and out of the pond, it would then have a retention time of about 14 days. I would not consider such an area to be flowing water, even through there is a definite permanent flow of water into and out of the pond. Section 3 (a) , para. 6 of Commissioner's Order 1938 applies or was intended to apply only to control of rooted aquatic vegetation and not to the control of algae. The intent of prohibition on chemical treatment of flowing water is to prevent damage to non-target organisms and water users downstream of a treatment area. It is pro- bably for those same reasons that very few aquatic herbicides are registered by the EPA for use in flowing water. However, a fourteen days retention time (not counting additional retention time in the fourth pond downstream of the mill dam) would allow ample time for copper sulfate to detoxify, and its use in the third pond should pose no threat whatsoever to downstream water users and organisms. The objection to the proposed treatment on the grounds that it is for esthetic purposes only is not valid because Section 3 (a) , para. 2 applies to only control of rooted vegetation. The principal objections to plankton algae are esthetic ob- jections. The presence of plankton algae does not hinder the operations of motorboats, one can swim or waterski in water containing plankton algae, and in the overwhelming majority of cases the presence of a plankton algae bloom does not pose anyihealth page 3 September 9, 1982 risk to humans or domestic animals or pets. This is not to say that swimming or waterskiing in algae-filled water is pleasant or that a heavy bloom, particularly as it is breaking up, has a pleasant aroma. Section 3 (a) , (1) says that "--- permits will be issued in most instances in applicants requesting control of: (dd) filamentous.algae, (ee) excessive algae blooms." In this whole complex of ponds, only the upper two ponds are stocked with and managed for trout. The third pond certainly does not appear to be suitable for trout, although no doubt trout occasionally do enter this pond from the two up- stream ponds and probably do survive for extending periods of time. It seems probably that such fish find refuge in spring holes and other areas where ground water is entering through the bottom, which places also would serve as a refuge from copper sulfate should the pond be treated. Inasmuch as the area which is managed for trout is upstream of the proposed treatment area and has an elevation of perhaps 6 to 8 feet above the proposed treatment area, it would appear extremely unlikely that copper sulfate applied to lower pond would have any adverse effect on the upper ponds. Based on my review on your permit application and its denial , I have concluded the reasons that were given for denying the permit are not valid and that a permit should have been issued. Since as you point out in your letter, it is too late in the season for treatment to be effective this year and indeed it appeared on September 1st that the need for treating the area was essentially past, I would suggest that you apply for a permit again next year. I am by copy of this letter advising Metro Region Fisheries of my conclusion in this matter, and in the un- likely event they deny an application again next year I will issue a permit out of this office. Very truly yours, L-/ Howard F. Krosch, Supervisor Monitoring and Control Unit Ecological Services Section Division of Fish and Wildlife HFK:kas cc: Jack Skrypek, Acting Fisheries Chief Duane Shodeen, Metro Regional Fisheries Manager JI (0 MEMO TO: Mayor and Council FROM: John K. Anderson/City Administrator RE : Proposed 1983 Budget ' DATE: September 17 , 1982 Introduction The information included in this memo reviews: 1 ) the decisions Council tentatively made at its 9/14/82 worksession; 2 ) provides additional information Council requested at the worksession and 3 ) lists those items yet to be reviewed before the ' 83 Budget is finalized for action on October 5, 1982 . Review of Tentative Decisions The focus of much of Council ' s discussion was on my memo of 9/10/82 . Attached is a copy of that memo with the tentative tax cutting de- cisions made 9/10/82 hand written in as a new righthand column along with descriptive notes for each section of the memo. Additional Information Requested Council asked staff to identify an additional $64,000 in cuts from the General Fund. Specific cuts are listed so Council can question the impact of the cuts suggested if they choose . The underlined items are those listed as Departmental options on pages 3-5 of the budget and the other items represent new minor cuts . The cuts have been placed in three groupings for decision making purposes . Group 1 - (Cuts limited to existing operations that will not effect service but could lead to more use of contingencies in 1983) Department Page Code Dollars Clerk 25 4350 printing & publishing $ 2 , 500 Assessing 29 4310 assm' t appeal legal exp. $ 1 ,000 Finance 33 4380 rents ( logis ) $ 2 ,000 Planning 41 4112 overtime $ 300 4222 full $ 200 4321 telephone $ 150 Gov' t Bldgs . 45 4370 utilities $ 1 ,440 Gov' t Bldgs . 45 4230 City Hall water heater $ 500 Police 57 4112 overtime $ 2 ,000 4210 supplies $ 1 ,000 4370 utilities $ 2 ,160 Bldg. Insp. 65 4222 fuel $ 500 Eng. 77 4112 overtime $ 2 , 500 Street 81 4230 bldg. maintenance $ 1 ,000 Shop 85 4112 overtime $ 100 4232 equip. maintenance $ 200 Storm Sewer 89 4112 overtime $ 240 Park 100 4112 overtime $ 175 4210 supplies $ 1 ,000 Page -2- Group 1 cuts con' t Department Page Code Dollars Park con' t 4230 equip. maintenance (Holmes Park furnace replacement ) $ 1 ,230 4370 utilities $ 2 , 200 4380 rents $ 200 Forestry 4310 contracted tree contr' s $ 2 , 700 • Total Group 1 $25 ,295 Group 2 - (Cuts that will effect programs , training, services , or facilities maintenance and may lead to more use of con- tingencies ) Department Page Code Dollars Park 100 4100 Assume Jerry Neisen resins 5/1/83 and the slotg is covered with part-timers for ' 83 $ 4,600 Forestry 105 4210 tree replacement cut in half $ 2 ,500 4310 contract tree remove cut to less than half $ 2 , 300 Manager 21 4310 eliminate labor rela- tion contract & intern $ 2 , 500 4321 conference room phone eliminate $ 250 Street 85 4230 drop repair of 5 garage doors $ 5 ,000 4380 rent for equip. dropped $ 1 ,000 Legal 37 4310 attorney time cut $ 2 ,200 Park 100 4230 bldg. maint . - drop shelter repairs $ 1 ,000 Drop conferences out of state for Mgr, Fin. Dir, Bldg. Insp. and Planner $ 4,000 Total Group 2 $25 , 350 Total Group 1 & 2 $50,645 Group 3 - (Cuts include three alternative cuts that are relatively self explanatory and generate a minimum of $20, 600) Department Page Code Dollars Police 57 4100 cut one policeman $30,000 Unallocated 113 4710 PIR Fund Transfer $30,692 4991 Contingency to imple- ment pay plan $20,600 Group 3 selecting one alt . providing a min. cut of $20,600 Page -3- Cuts con' t Total Group 1 , 2 & 3 $71 ,245 Budget Items Yet to Be Discussed 1 . Pay Plan 2 . Employee Assistance Program 3 . Future status of the PIR Fund 4. A policy for a maximum balance for Capital Equip. Fund 5. Sick Leave Policy - Tableluntil the budget discussion and labor negotiations 6 . Review of other City Funds which include Capital Equipment and Capital Improvement Projects Summary & Recommendation The Preliminary ' 83 Budget recommends increasing taxes by $127 ,803 over 1982 . If $25 ,000 of this increase comes from new tax base then only $102 ,803 in cuts need to be found to keep the ' 83 mill levy at the ' 82 level . This can be accomplished by directing staff to make the $106,000 in cuts tentatively agreed to at the 9/14/82 budget worksession. Based upon Council discussion 9/14/82 this is what staff recommends . Should Council wish to make additional cuts in General Fund operations without actually reducing the mill levy below the 1982 level staff recommends that the Group 1 cuts be made and the savings placed in the contingency fund as an additional cushion against cuts in state aid should state revenues fall behind projections for the rest of the biennium. Some of this $25,295 would also be used to cover the $5 ,100 to $6 ,800 in. additional . health, life, and long term disability costs as a result of union settlements . Staff does not recommend actually reducing the mill level because of the uncertain nature of state aid revenues in ' 84 and ' 85 . Action Requested 1 . Motion directing staff to include the $106 ,000 in tax cuts in the Proposed ' 83 Budget , the moving of the $25, 295 in cuts in Group 1 to the contingency fund so that staff can begin nec- essary changes in the General Fund. 2 . Time permitting, staff recommends discussing of the Pay Plan and a decision on its implementation so that Council can focus on other issues at its 9/28/82 Budget Worksession. JKA: cau MEMO TO: Mayor and Council FROM: John K. Anderson, City Administrator RE: Council Budget Worksession, September 14 , 1982 DATE: September 10 , 1982 Introduction Below I have tried to outline some of the key issues Council needs to focus on at the Budget Worksession September 14 , 1982 . Remember the meeting starts at 8 : 00 p.m. Jeanne Andre will be there for the HRA element at 8 : 00 p.m. Ke Decisions ) Key -Te�1cr/.✓e,. Q c'e.Tl - ° �%/l ✓y aZ" ' -�- ✓�� �a► I . Taxes /9,x2;/2/ l ✓ e�'cr'�f� e �cs�ecl �U ye/Ie�'ae� v2.fa, �l�, A. Enclosed is the appendix update that illustrates the tax impact of the proposed $127 ,802 increase. (on table ) B. Below are several tax reduction alternatives : 1) Outside levy limit of 8% ✓ a) 1980 bond issue ( sewer fund alternative) $ 55 ,487 ,S's .017 b) 1967 bond issue (altern ti s : drop to id74, , ase '82 f.0 1 baan�se other debt ser. fund balance) 35 ,000 -15;e e • 2) May affect 8% levy limit (use only if the City can adjust special levies downward because we don' t need the tax dollars ) c ) PIR fund transfer (alternatives same as b) above) 30 , 692 D d) Horizon Heights Erosion Control Project (Park Reserve alternative) 11 , 500 /45:-,00 e) City Hall insulation (drop project ) 4 ,000 4; d7'Oe f) Reduce resurfacing program increased by 100% for ' 83 15 ,000 g) Reduce contingencies by $20,000 now available for pay plan implementation 20 ,000 2 $171 ,679 4946,©Z'G� h) Review listed cuts by de artmen heads for additional cuts ( 2,...4,-)04/ a.54-td .5A f -�'-0 71,- �o ,lel? GC I aoa`ti/'era e." 3) Recommendation �PCisiCr� �l7� �Z/I�G'r7c&s.�140 e-Aes,� e- / re'/G7`/CC/ eie7�s j/-) . // / Our fund balance estimated to be $769 , 719 at December 31 , 1983 is 31% of '83 operating expenses of $2 ,463 ,412, so it exceeds our target of 25-30%. Assuming we don ' t use oyr $60 000 in 1982 contingencies , then we can do b) and 4./s/e.: ro re " ,e. C �m /71-ed . e7� rs 4 7 ' i 7"5 jaa,a .44`el /lof /?RTG/ e e// '" -74-4,74ka/ Me„, 44,t ro ir! 'P� Ca,27'j l e.�C�:eS ,got ��� 40ex/c/ .Ie. ceded to 7°�=?J &lied '/3 , a/ance, 64 74 9, 7/>(.3/a> Council Budget Worksession, September 14 , 1982 September 10 , 1982 Page Two c ) above using the 1982 budget thus solving these one • time problems . In addition, the City can skip a) above because of the sewer fund transfers thus reducing the $127 ,802 by $121 , 179 for a total 1983 tax increase of $6 ,623 which will result in a drop in the City' s por- tion of the total mil levy because of our annual growth in tax base . { II . Union Negotiations/Wages �a �,/e, , rct,�/ejc%'S r�/� �'' '� s A meeting will be held September 14, 1982 at which I will find out if the 5% +$15 for medical benefits will be acceptable . III . Pay Plan Implementation *:Sh ne/l cuessiEefe-r^ 1A//,� Reviewing figures in the expanded pay plan mailed in your last agenda, it will take $20,600 to implement the plan without consideration of the City Administrator. Alternatives for implementation can be discussed at the worksession. IV. Program Policy Changes a ', y' ,���.�� Elections on even numbered years - 2 ,500 ,e'( ' 100% increase in street resurfacing +50 ,000 ICC Commercial Industrial Day - 2 ,000 Fire Pension -12 ,167 /so ez77aGf'je la-cz ,r2errle Q/e.sc/; ,5,' 7J1 e., JKA/jms " MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Changing Municipal Elections from the Odd Year to the Even Year DATE: September 17 , , 1982 Should the Shakopee City Council opt to change the election date from odd years to •even years the following steps would be followed: 1 . The change must be made by ordinance rather than by mere resolu- tion and must be made at a regular meeting prior to September 1 . The ordinance would remain in effect until changed by another ordinance. 2. When a change is made in the year of the election from odd to even, this will result in postponing the election for a year and each term is extended for a year and successors will be chosen at the next year for the usual term. A second thought I might throw out for thought is would the Council like to change the current term of the Mayor to four years as are all the Council terms . If such a change were desirable the follow- ing steps would be followed: 1 . A change in the Mayor' s term would have to be made by ordinance . 2 . If the change were to become effective with the term of the mayor elected the year in which the ordinance were adopted, the ordinance would have to be adopted at least four weeks before the closing date for the filing of affidivits of candidacy for such election. 3 . During the next municipal election, three Council seats will be on the ballot. If Council desires to change the Mayor's term from two to four years , I would recommend that it not become effective with the next election so that there would be three positions on the ballot at each election rather than four and two. JSC/jms 1/13 MEMO TO: John K. Anderson, City Administrator FROM: Lou VanHout , Utilities Manager RE: 81-1KT Water Supply Well No. 6 , Acceptance of Work DATE: September 20, 1982 Mr. Ken Adolf of Schoell & Madson, Inc . has examined the request for final payment on the water supply well and has found it to represent the completed project . No work has been performed by subcontractors within the last 90 days ; however, we have received lien waivers from Parrott Con- struction, Inc. , Tom Siebenaler Sodding and Excavating, and Johnson-Bigler Co. , Inc . for subcontract work done for E. H. Renner & Sons , Inc . on the project . Action Requested Offer Resolution No. 2041 , A Resolution Accepting Work on the 81-1 KT Water Supply Well No. 6 Within the K-Mart Tax Increment Project , and move its adoption. , 4 LVH/jms WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY HANSON SCHOELL & MADSON, INC. JACK E GILL THEODORE D. KEMNA ENGINEERS, SURVEYORS, PLANNERS JOHN W EMOND AND SOIL TESTING KENNETH E ADOLF WILLIAM R. ENGELHARDT R. SCOTT HARRI (612) 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 GERALD L. BACKMAN H. MARK KOEGLER July 29 , 1982 AV,Rfa w,gRae Q 71, SbNv AivDeRr•N Shakopee Public Utilities Commission Ar-S7-8A c/o Mr. Lou Van Hout , Manager 1030 East Fourth Avenue Shakopee, Minnesota 55379 Subject : Water Supply Well No. 6 Contract No. 81-1 KT Gentlemen : Enclosed is the Final Payment Request for the subject project . We have checked the request and find it to represent the completed project . Also enclosed is Minnesota Department of Revenue Form 134 and the Contractor' s Certification of Payment of All Claims. Payment to E. H. Renner & Sons, Inc . , in the amount of $5, 042 . 68 , is approved and recommended. Very truly yours , SCHOELL & MADSON, INC. KEAdolf :mkr ,4141 enclosure cc : E. H. Renner & Sons , Inc . GAN 7W/! ,RoceSTeD o, oA ✓'m Pier iN ArG 's T • 77/e Ce T/f icA T e etc. co N•Al isTioN /r ,N p, ' Cess vie 9e fenvi sten-N/IJ A ten! DAYS, CERTIFICATE OF COMPLETION CONTRACT NO. : 81-1KT DATE : 8-5-82 PROJECT DESCRIPTION : WELL # 6, A PART OF K-MART TAX-INCREMENT PROJECT CONTRACTOR: E.H. RENNER & SONS, INC. 6300 INDUSTRY AVE. N.W. ANOKA, MINN. ORIGINAL CONTRACT AMOUNT $ 74,615.00 QUANTITY CHANGE AMOUNT $ 1,403.73 CHANGE ORDER, NO. 1 THRU NO, _ 2 AMOUNT , , , $ (6,488.96) FINAL CONTRACT AMOUNT $ 69,529.77 LESS PREVIOUS PAYMENTS , , , , , , , , $ 64,487.09 FINAL PAYMENT $ 5,042.68 I , hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find thnt the some hos been full ;,r completed In nll respects according to the contract, together with any modifications approved by City Council , I, therefore, recommend above specified , final payment be made to the above named Contractor, ,.,, ,,,J4,21.412 411 Professional Engineer, Date UTILITIES MANAGER, DATE ..rR"r\.JCn ,? °;. r 1832 Y _ r L ,,4-7 PARTIAL ESTIMATE VOUCHER - tract No. 81-1KT Partial Estimate Voucher No. Final Period Ending June 23, 1982 Contractor E. H. Rgnner & bons, Inc. Address 6300 Industry Ave. N. W. Anoka, MN. Project Description Water Supply Well No. 6 1. Original Contract Amount $ 74,615.00 2. Change Order No. 1 Thru No. 2 $ - 6,488.96 3. Total Funds Encumbered $ 68,126.04 4. Value of Work Completed $ 69,529.77 Value of Work 0.0 Remaining 5. Percent Retainage $ $ • 6. Previous Payments $ 64,487.09 Percent Complete 100 7. Deductions or Charges $ 0.0 8. Total $ 64,487.09 5,042.68 Payment Due (Line 4 -'Line 8) $ CERTIFICATE OF 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: E. H. Renner & bons, Inc. APPROVED AND RECOMMENDED - > SCHOELL & MADSON, INC. J . BY /2/4/ V - r. President � N.- I EWER - CITY aNGINEER DATE: 7-,2 9- 8a ,1—i.:VE - CITY 'F SHAKOPEE APPROVED - SHAKOPEE PUBLIC UTILITIES A_,�' COMISS ION L Admi istr: ••i 10 aUe N ager Finance Director f_ p- a Date RESOLUTION NO. 2041 A RESOLUTION ACCEPTING WORK ON THE 81 -1 KT WATER SUPPLY WELL NO. 6 WITHIN THE K-MART TAX INCREMENT PROJECT WHEREAS , pursuant to a written contract signed with the City on May 1 , 1981 , E. H. Renner & Sons , Inc . has satisfactorily completed the water supply well with such contract , and WHEREAS , no work has been performed by subcontractors within the past 90 days . NOW, THEREFORE, BE II RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKO1'EE, MINNESOTA, that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract in the amount of $5 ,042 . 68 taking the contractor ' s receipt in full . 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 rtr, — / ) MEMO TO: Don Steger, City Planner CC: John K. Anderson, City Administrator kEOM: Jane VanMaldeghem, Planning Secretary RE: Waiving of Planning Department Fees DATE: September 20, 1982 Introduction: Russ Nolting, representative of the Presbyterian Church, filed application for a Conditional Use Permit for construction of steeple on the bell tower. This tower would be in excess of the height limitation of 45 feet in an R-4 (Multi-family residential) Zone. Background: At the time Conditional Use Permit Application was filed, he informed us that the Building Permit fee had been waived by Council and questioned if ' the City had a similar policy which would waive the Conditional Use Permit Application fee of $100.00. After checking through the Planning records, I came up with four previous cases each involving a religious sector. In 1976 the fee was waived for the Presbyterian Church Youth Group for a variance to sell Christmas trees. May of 1977 a $25.00 fee was paid by the Calvary United Methodist Church for a variance for an expansion in a B-3 Zone. November of 1977 a $25.00 fee was paid by the Calvary United Methodist Church for a 15 foot front yard and a 20 foot sideyard variance from setback requirements. March of 1980 the Shakopee Baptist Church paid a $50.00 fee to erect a church sanctuary and class room in a R-2 Zone. Recommendation: It is my recommendation that Council not approve any waiver of Planning fees based on the following: A J Don Steger September 20, 1982 Waiver of Planning Fees Page -2- 1. Past previous cases indicate fees were charged in three out of four cases. The first case could of been considered an easy low-cost processing for staff and might have been the consideration in the waiver. 2. In most cases, an 'element of staff time is required to process. 3• There remainsa cost element irregardless of the applicant, for mailing of public hearing notices to property owners and also the publication of the legal notices. I also recommend that a firm policy be established by the City Council as to which fees can be waived and when, if any. Action Requested: 1. Council move that the request for waiver of Conditional Use Permit Application fee for the Presbyterian Church in the amount of $100.00 be denied. 2. Council direct the appropriate Department Heads to come up with a policy which would not or would, under given conditions, waiver fees (including Building Permit fees). JVM/jvm