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HomeMy WebLinkAbout03/15/1983 MEMO TO: Mayor and City Council FROM: Johri K. Anderson, City Administrator RE: Non-Agenda Informational Items DATE: March 10 , 1983 1 . We received a thank-you note from Perry Cheever thanking Council members for the flowers sent to him while he was a patient at St . Francis . 2 . Joe Ries has responded to Jerry Wampach' s question regarding the department ' s ability to fight chemical fires with foam. The department has 75 gallons of foam and 3 foam nozzles . This amount of foam would last about 10 to 15 minutes with all three nozzles operating. Joe Ries explained that this had not been a high priority area because of the high cost and limited use of foam equipment compared to other fire- fighting needs . Joe and I have talked about this and he will cover this when he prepares his 5-year capital equipment list for the ' 84 budget . 3 . I have received the League of Minnesota Cities final publica- tion of its 1983-84 Policies and Priorities for Legislative and Administrative Actions . We only received one copy of this and it is available should any Council member wish to review it . 4 . Attached are two memos from Rod Krass ' s office regarding our lawsuit with Air Products which has appealed its assessments for Valley Industrial Boulevard South. This will appear as item on the Tuesday night agenda . 5 . Attached is the schedule for the next set of ICC industry tours . Also attached is a letter Paul Wermerskirchen has forwarded to all ICC members regarding their responsibilities as leaders of the tours . 6 . Attached is a copy of the letter Senator Bob Schmitz sent to the Minnesota Department of Transportation supporting Valley- fair ' s request for informational and directional signing. 7 . Attached is a copy of Virgil S . Mears ' s letter to the Department of Transportation supporting Valleyfair ' s request for directional signing. 8 . Attached is the building activity report for the month ending February, 1983 . 9 . Attached is the tentative agenda for the March 17th Energy and Transportation Committee meeting. 10 . Attached are the revenue and expense figures for the period ending February 28 , 1983 . 11 . Attached are the minutes of the February 24, 1983 meeting of the Energy and Transportation Committee . Non-Agenda Informational Items Page Two March 10 , 1983 12 . Attached are the minutes of the February 9 , 1983 Industrial Commercial Commission meeting. 13 . Attached are the minutes of the February 7 , 1983 SPUC meeting. 14. Jeanne Andre and I reviewed the deadlines for Zylstra United. The core system is to be up and operational by April 26 , 1983 and the line extension areas by September 16 , 1983 . ZU now believes they will begin their marketing in April . 15 . Attached is a copy of a letter I received from MN/Dot . We are getting real movement now on the MTC financing issue. Both House and Senate representatives are meeting with Hank Sinda and I next week to talk about a more equitable system to be passed this year for the 1984 tax year. 0-24(A ) 7 �i.e '• e cL„,,,,,)i .. were vertu ka a t1#0, cknd tis nets c gylkm Mart Oeg expre.66 tfae, �er w-annec5t t an.Pec5 ceorr growl, nuj tort. . • ' C) • c9 ...,...-, •4, --' ' I '" illi , -;.,-, -'"-- ,,,,1.' \\2,5?„5 r -.), ..,:i --n---- IWN , , h 11,6SJIlk,0.5 11 e ,?,:-',' „,,,:,.‘2,, ,, ......4 -1., ......;;:v ......„,-." lb ', '' '4,„ .S ,,,„, ,,,_ 4 #,..,,..,:-.1.;1' J ( whkeA- * 169TU 3K Law Offices of KRASS, MEYER, KANNING, & WALSTEN FL 2 -�; 19063 Chartered i Phillip R. Kress Barry K. Meyer P.O. Box 216 ng Shakopee, Minnesota 55379 ® (��E Philip T. Kaalsto CITY OF a��AK�+" Trevor R.Walston CONFIDENTIAL MEMORANDUM TO: The Honorable Mayor and City Council, City of Shakopee FROM: Phillip R. Krass DATE: February 22, 1983 RE: Air Products Assessment Appeal Dear Mayor and Council Members: Last Friday, the 18th of February was the rescheduled pre-trial conference on the Air Products assessment appeal. We have known for some time that we have some significant problems on this Air Products appeal since we are assessing Air Products for Valley Industrial Boulevard South when the majority of their frontage is on County Road 83. There is some question as to whether or not we have given them any benefit, and in my opinion, there is no question but that we have not given them the same front footage benefit that we have given property fronting exclusively on Valley Industrial Boulevard. The total amount of their assessment was $11,367.00. We have had Patchen Appraisals do some work on this property and they believe they can support a minimum benefit of $2,670.00. In my meetings with William Busch, attorney for Air Products, he has indicated to me that Air Products' real estate people believe there is virtually no benefit to them for upgrading Valley Industrial Boulevard, and at most their benefit would be approximately 20 percent. I suggested that I thought 50 percent was more in line, and after some discussion, we both agreed to go back and recommend to our respective clients a benefit of 33 percent of the assessment in question which would be in this case $3,785.00. If we do not settle this case, we are going to have a very difficult time defending our assessment and we are going to spend, in my opinion, much more on attorney's fees and appraiser's fees than we can ever hope to recover. The decision is, of course, yours, but my strong recommendation is that we settle the case on the basis of one-third of the presently levied assessments. Page 2 February 22, 1983 11 If you agree the required action would be a motion to authorize the '.yor and Administrator to enter into a settlement stipulation reducing the assessment down to $3,785.00, and giving Air Products proper credit for any assessment payments they have already made. Yours very truly, KRASS, MEYER, KANNING & WALSTEN CHARTERED Phillip Krass PRK:PH File #1-1373-140 cc Mr. John Anderson FA EG RE a BENSON 3400 105 CENTER r L MINNEAPOLIS, MINNESOTA 55402-2202 612/371-5300 2530 GREAT-WEST LIFE TOWER 1675 6ROADWAY February 22 , 1983 DENVER,COLORADO 60202-4625 303/629-5674 Phillip R. Krass, Esq. Krass, Meyer, Kanning & Walsten 1221 Fourth Avenue East Shakopee, MN 55379 Re: Air Products and Chemicals, Inc. v. City of Shakopee Dear Mr. Krass : In accordance with our conference on February 18 , 1983 I have requested and received from my clients authority to dispose of this matter by entering into a stipulation to the effect that Air Products and Chemicals, Inc. will pay one-third of the proposed special assessment of $11,367. I believe that you indicated your intention to prepare and submit to me a stipulation reflecting the settlement. I would appreciate your doing so; please let me know if I may be of assistance. Thank you for your cooperation in disposing of this matter. Very truly yours , (1'10)(1/(/ J‘dv- William R. Busch, Jr. ck cc: James M. McMahan, Esq. Ronald 0. Decker Don Miller = 5 VISITATION FORMAT FOR MARCH 23, 1983 Time Industry ICC Member Jim O'Neill 2:30 Mr. Ron Bjokne Mayor or councilperson Eldon Reinke Ziegler Tire Service Commissioner - PUC Harry Nolting 800 E. Hwy 101 Rep. Chamber of Commerce Jim Frady Shakopee, Minn. 55379 Planning Commission Bev Koehnen ICC Member Bill Wermerskirchen 2:30 Viking Steel Mayor or Councilperson John An.derson(replace Lebens) Mr. Rqy Peterson Commissioner - PUC Wally Bishop E. Hwy. 101 Rep. Chamber of Commerce Jim McNearney Shakopee, Mn 55379 Planning Commission Dave Rockne ICC Member Paul Wermerskirchen 2:30 Northern Culvert Mayor or Councilperson John LeRoux Mr. Don Ward Commissioner - PUC Lou Van Hout 1155 Chaparral Ave. Rep. Chamber of Commerce Virg Mears Shakopee, Mn 55379 Planning Commission Joe Perusich ICC Member Gary Eastlund 2:30 K-Mart Mayor or Councilperson Gloria Vierling Mr. Don Brooks Couuuissioner - PUC Ed Leaveck 901 Cty Rd. 83 Rep. Chamber of Commerce Duane Gust Shakopee, Mn 55379 Planning Commission Lee Stoltzman ICC Member Jane DuBois 2:30 Rubber Products (Industries? Mayor or Councilperson Jerry Wampach Mr. Art Hatch Commissioner - PUC " It200 Cavanaugh Drive Rep. Chamber of Commerce Wally Bakken Shakopee, Mn 55379 Planning Commission John Schmitt ICC Member Jake Manahan 2:30 Midland Glass Mayor or Councilperson Dean Colligan Mr. Frank Reed Commissioner - PUC Barry Kirchmeier Hwy 101 & Cty Rd. 83 Rep. Chamber of Commerce Jim Dunning Shakopee, Mn Planning Commission Fred Coller John; please distribute to the Council. Thank you. YI 1 i983a,J Cn t * - KE TO: ICC Memb ehs FROM: PawC W. CUenmens h i'chen RE: Visiting F,itms Pnognam At finis time, you have made your contact with the hey pens on at the 1-itcm and cov*Arced the appointment date. It may be weee to contact them one on vivo days pnioA to .the tentative wn.%tten date to ass une the time and peace. ALs o, this may a6iond the oppoirtuni ty to Jnquite tib we cowed speak with. someone ,in the vrm who wooed have hnoweedge of thein s upptiens. Tny to s ecute this Us t. A{fien taking the nespows.ibit ty o,6 .Lnfin.oducing a/i panties at the outset o i the viz-it, peeas e Deep ,in mind that as discuss-:on continues, tty to stay with the agenda without being pushy. I4 there .is argumentative discussion, fity to coot that with the statement that it wUl be eoofzed .into immed.iateLy and an answer within a short peAiod o,6 time wilt be 6onthcoming. Keep any ctuticism o3 any empeoyee (aethough we don't anticipate any degree o6 th is) to outs elves unti.:e you cage me. John Anderson has ioeeowed up on these ctu,u:ci/s ms b eauti6utty. Be m.ind6ue that it .is yout Aes pows.ibLU-ty to send a eefitet o4 app) ec%ation. PW 1 RP ri, . . - --r* tvpn c } OBF11 T .1. SC11\lITZ. MI Y1�,. I, ' S:n:itor 36th 1)i.tri:t Row,:#1 Ir<<ian, Muttle.ota 55152 OtIice: Sena 235 Statc Capitol St Paul. ` itinc"'1•' 55155 State of Minnesota Phone:(612'1 296-7157 • February 28 , 1983 Mr . Gene Ofstead , Director Government Relations Minnesota Department of Transportation 408 Transportation Building St . Paul , Minnesota 55155 Dear Gene : Here is a copy of a letter I received from the City of Shakopee relating to Valleyfair ' s request to allow informational and directional signing on state trunk highway 101 adjacent to their facility. I am aware of a lot of traffic in that area and I just ask if there is a possibility of something being done to alleviate this congestion . Thank you for your assistance . Sincerely, e, ROBERT J.. _SCHMITZ Chairman Senate Local and Urban Government Committee RJS/st Enclosures cc : Judith S . Cox , City Clerk , Shakopee David Paradeau , Valleyfair COMMN11TTEES • Chairman. Veterans Affairs • Rules& Administration • Transportation • Taxes c Tax Laws • Elections & Reapportionment .y 6: -hi SHAKOPEE AREA 7 19837 / / / CITY OF SHAKOPEE P.O. BOX NO. 203❑ SHAKOPEE, MINNESOTA 55379 ❑ (612) 445-1660 3-4-83 Mr . Gene Ofstead Director of Governmental Relations Minnesota Department of Transportation 408 Transportation Building Dear Mr. Ofstead : Valleyfair , Inc ! of Shakopee recently requested that the Minnesota Department of Transportation consider infor- mational and directional signing on trunk highways . The Shakopee Area Chamber of Commerce supports that request unanimously. Valleyfair , Inc ! is one of the largest tourist attract- tions in our state and is host to nearly a million visitors yearly . It would certainly be of benefit to those who come to our state to visit this enterprise if assistance could be given in locating it and we believe there would be advantages to our own state if these visitors could persue a most direct route to their objective . The Shakopee Area Chamber of Commerce urges the Minnesota Department of Transportation to give serious consideration to this request and ultimate approval . We need to do all that we can to encourage and enhance our tourist industry, one of the largest in the state . It may be worthy to note that the state already does some signing with ski areas , some resorts and of course , state owned facilities . If the state is really serious about helping and promoting tourism - this is one small step in what should become an overall program.cS . cerely, r Virgil S . ears , Pr ident Shakopee Area Chamber of Commerce cc : Governor Perpich Representative Dimler Senator Schmitz Dave Paradeau, Valleyfair ! City of Shakopee g CITY OF SHAKOPEE BUILDING ACTIVITY REPORT February, 1983 PERMITS ISSUED Yr. to Date Total Previous Year Number ' Number Valuation Number Valuation 5864 - 5871 140. YTD. Single Darn. -Sewered - 1 40,000 - - - Single Darn. -Septic - - - - 1 78 , 500 Multiple Dwellings 1 1 70,000 - - - (Mo.Units) (YTD Units) ( 2 ) ( 2 ) - - - - DwelIing Additions 1 1 23 , 500 1 1 1 , 945 Other - 2 23,000 2 2 33 , 780 Business District - - - - - - Agricultural - - - - - - industrial -Sewered - - - - _ _ Industrial -Septic - - - - - Accessory/Garages - - - - - - i $Yns & Fences 1 4 10, 700 5 5 9,468 F i i•c•{, I :we::/Wood litoVe - 3 11 , 525 - 3 4, 155 Grading/Foundation 1 2 65,000 - 1 1 ,165 Remodeling (Res. ) 3 4 8, 950 1 2 4,000 Remodeling ( Inst . ) - - - - - - Rernodeling (Other) - 2 13 ,055 1 6 634,428 TOTAL TAXABLE 8 21 265, 730 10 21 767 ,441 I'OTAI. INSTITVTICNAL - - - - - - (;RAND TOTAL 8 21 265, 730 10 21 767 ,441 Mo . YTD• MO . YTD . Variances 2 2 2 3 Conditional Use - - 2 4 lig•-'/,on i rr}; - - - - Moving - 1 - - Electric Permits 5 13 7 11 l'iml)g. & iitg. Permits 12 19 8 11 Razing Permits Residential - - - - Commercial - - - - Total dwelling units in City :after completion of all construction permitted to date 3, 580 Cora Underwood Bldg. Dept . Secretary G CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN FEBRUARY, 1983 5864 Louis VanHout 2144 Bridge Crossing Alt . $ 3 ,000 5865 Laurent Bldrs . 118 S . Fuller Alt . 3 , 500 5866 Laurent Bldrs . 1st & Fuller Sign 700 5867 Lambrecht Const . 832 E. Eighth St . Alt . 1 , 500 5868 Donald Lee 1701 E. Shakopee Ave . Addn. 23 , 500 5869 Laurent Bldrs . „797 Prairie St . Twinhome ( 1-unit ) 35 ,000 5870 Laurent Bldrs . 32,99 Jrair,e t, ,; Twinhome ( 1-unit ) 35 ,000 5871 Gunderson Homes 2117 Bridge Crossing Foundation 5 ,000 $107 , 200 /7 TENTATIVE AGENDA Energy and Transportation Committee Shakopee , Minnesota City Hall Council Chambers Regular Session March 17 , 1983 1 . Roll Call at 7 : 30 P.M. 2 . Approval of Minutes of February 24 , 1983 3 . Update on Opt-Out Provisions ( at meeting) 4. Transportation Survey a. Review of progress to date b. Analysis of results 5 . Survey of Current Bus Riders 6 . Other Business 7 . Adjourn Jeanne Andre Administrative Assistant 0 r 1 U '0 s' •C C o :CO s!-t v P3.-00 s 0 h M 00p0)-e.,0 0. • . • • • , • • • • • • • • • • • • • • . • • • • 0 .- O M M w•O V1 P N 0'C V O 40 In .•' V1 O 00 O 00 N N .O M ,--,7 r N 4) .- uv M N . 1 N ^ U W I I I ft 1 1 1 1 1' 1 1 1 1 1 , I 1 I I A U 04... 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U Z LI W LL LJ N 4 C^ U p C^ LJ r 2 2 C r .. > •- r r f z N C 2 LI C 0 U 7 C U U O H C U • — a CO 2 U a Cr. a C. a •- ,. a J 4 // PROCEEDINGS OF THE ENERGY AND TRANSPORTATION COMMITTEE Shakopee , Minnesota Special Session February 24,1983 Chairman Anderson called the meeting to order at 7 : 36 p .m. with Committee members Dunwell , Schwingler, Sorenson and Ziegler present as well as Council liason Colligan . Members Toppin and Tsui were absent and the resignation of Wolfe has been accepted by City Council with no replacement . Also present was Jeanne Andre , Administrative Assistant . Dunwell/Ziegler moved to accept the special meeting call . Motion carried. Ziegler/Sorenson moved to approve the minutes of January 27 , 1983 , as presented . Motion carried . Discussion was held on the recent interpretation of the "opt out" law which will require savings realized in provision of alter- native service to be passed on to the Community, and how this change will affect the Shakopee application. Sorenson/Ziegler moved to direct staff to send a letter to volunteers who helped conduct the transportation survey, thanking them for their assistance . Motion carried. Discussion of the survey was held . The administrative assistant indicated that approximately fifty surveys remain to be administered, and Committee members volunteered to each conduct five more , with the remainder to be undertaken by staff. Tally of the results can be handled on the City micro computer by staff when appropriate software is acquired. Committee members indicated special interest in the following information: 1 ) Location of respondents ' workplaces and whether there is a pattern which could be served by mass transit and 2 ) the amount of interest in Bial- a-ride transit including favored times and types of use anticipated . Discussion was held on the 2/18/83 draft of the MTC Ridership Survey. Changes to questions 6 and 16 were suggested, as well as the addition of demographic data . A second draft will be prepared for the next meeting. Consensus was that the questionaire will be distributed on the bus with stamped return envelopes attached to assure greater response . Loren Sorenson left at 9 : 05 p .m. Discussion of the Plymouth "opt out" application was held. The need for marketing/promotion and handicapped accessibility were introduced in relation to services proposed for Shakopee . The Committee consensus was to wait for further information from the surveys before seeking concrete information on transit alternatives with the exception of confirming current van pool costs and identifying private bus companies which could contract to provide services in Shakopee, which the Chairman will under- take . Schwingler/Ziegler moved to adjourn at 9 : 50 p.m. Jeanne Andre Recording Secretary • MINUTES INDUSTRIAL COMMERCIAL COMMISSION Shakopee, MN February 9 , 1983 Chairman Paul Wermerskirchen called the meeting to order at 5 : 15 p.m. in the Council Chambers in City Hall. Present: Gary Eastlund, Jim O 'Neill, Bill Wermerskirchen, Sr. , Al Furrie, John Manahan, Jane DuBois, Paul Wermerskirchen Guests : John K. Anderson, City Administrator Dan Steil , Chairman, Downtown Committee Minutes of the January 12, 1983 were reviewed and motion was made by Jim O'Neill, seconded by John Manahan and passed as read. John K. Anderson reviewed the ICC budget with the ICC members . On page 49 of the City 's 1983 Budget it states that the ICC has a budget of $3, 150 of which $700-800 is budgeted for professional services of the recording secretary and city support. The balance is available for Industrial Day costs or other promotional activities of the ICC. John requested that the ICC indicate if this balance is not sufficient to cover the costs of the planned events of Industry Day 1983 . Al Furrie inquired if the balance of the ICC 1982 budget was available to the ICC; John replied that all budgets are now currently reflected in the 1983 budget and any surplus budgets from 1982 were incorporated into the city-wide Budget. There was a concensus agreement to notify the City of the budget amount needed for 1983 Industry Day at next month' s ICC meeting. John K. Anderson reported that he presented the earlier ICC recommendation regarding the 2% surcharge levy to the City Council. The City Council tabled their action pending ICC consideration at the ICC February meeting. He stated that the City Bond Counsel recommended, with City Staff concurrence, that the development and use of criteria may be too difficult l page 2 ICC Minutes February 9 , 1983 • to apply fairly without risking legalities . There is also concern about jeopardizing the margin for delinquent payments. Application of the 2% margin may build a future fund sufficient enough to waive the 5% levy. Inquiries were made into the current and historic use of the 5% collected fund and any unused overage . John Anderson explained that the City usually places these surplus funds into other debt service funds or capital equipment purchases . John Manahan a_ues- tioned whether the current surplus might be utilized instead of levying a 1% or 2% surcharge. Motion made by John Manahan, seconded by Al Furrie to reduce the interest surcharge on special assessments from 2% to 1% because any funds accumulated from the surcharge and the 5% certified levy are usually transferred to other accounts which benefit the com- munity as a whole; therefore, the money which is accumulated should rightly be contributed primarily by the community as a whole, not the individual developer. Motion carried unanimously. Al Furrie stated that in the K-mart example, there was a one year bond reserve for payment on a default or final payment. This was considered to be beneficial to the developer and also earned interest as a reserve . Discussion followed on the accountability factor of any surplus funds raised through surcharges . Dan Steil reviewed the progress to date of the Downtown Committee: 1. Identified a Project Area 2. Identified a Redevelopment Area; Tax Increment Finance District 3. Plans for a Focal Point in the downtown area, planting along the first two blocks of Holmes, narrowing of the street, establishing a commercial rehabilitation Loan Program which will write down interest on a commercial loan a maximum of 4% . 4 . Will undertake a personal survey of downtown business people to determine their grass roots support for the improvements planned for the downtown 5. Sent letters to developers in the State to advise about the revitalization of Downtown Shakopee 6 . Selection process occuring now to hire a Consultant to prepare a specific strategy for downtown improvements Bill Wermerskirchen offerred to help in the survey of downtown bus- iness and inquired, too, about how to reactivate the local Development Corporation. It has been 4-5 years since its last meeting. This type of group is necessary for the Star Cities program sought by the City. page 3 ICC Minutes February 9, 1983 Dan Steil emphasized that the City Council wants to know if the local businessmen are backing the proposed plans for improvements to downtown Shakopee . Al Furrie asked about the prospect of less than 100% agreement and what impact that this would have on the committee 's ideas . Dan Steil stated that even if 50% of the downtown businessmen would concur that this may be considered a positive support. It was agreed that a show of commitment to improve the downtown is necessary in order to be successful at all; discussion involved whether something concrete should be done prior to the survey of businesses in order to indicate City commitment, and emphasis momemtum. Dan Steilfelt that there was a strong need to coordinate a Plan for development prior to starting any concrete changes . The commitment evident is the commitment to select a consultant to get the coordinated development specified . Jim O' Neill stated that through the years there has been many efforts to effect changes in the downtown and perhaps the tax increment assets will make the changes happen now. He stated further that he felt Dan Steil 'and his committee have done a excellent job of organization and following through on this project. Paul Wermerskirchen led the discussion on the summary of Industry Visitations held in January and for February. There has been generally good reactions to the visitations . Each ICC member reported on his/her visitation. Jane reported on the Brochure and there was general agreement on the concept of a 112" x 17" brochure with a collage of photos on one side and print information on the other side . RB Printing quotes' $500 or less for 1000 of such type brochure . An example was reviewed; the theme would incorporate light, easy reading instead of heavy factual information, promoting the river and local quality of life . Discussion returned to the motion passed earlier at this meeting regarding the reduction to 1% of the 2% surcharge levy. John Manahan moved, for the Council to consider whatever money was collected from the interest surcharge on special assessments to be held in an appropriate reserve account; motion failed due to lack of a second. It was withdrawn John Manahan made a motion, seconded by Al Furrie, to rescind the earlier made motion which passed regarding the 2% surcharge. This motion passed. Al Furrie moved , seconded by Gary Eastlund, tO recommend that the Council consider in lieu of 2% surcharge levy, to package each bond issue to include a reserve account equal to one year ' s principal and interest; the reserve account will cover any default of one year' s payment or will finance the final year' s payment. Motion carried unanimously . 1 - page 4 ICC Minutes February 9 , 1983 Al Furrie will advise John K. Anderson regarding the change in motions regarding the 2% surcharge levy on Thursday, February 10, 1983 . Gary Eastlund led the discussion regarding alternatives and plans for 1983 Industry Day: 1 . Slide Presentation: There is a 25 minute slide show available and Gary suggests trimming it to a 10 minute show using professional personnel . He estimated the cost to be around $2, 400 . The Star Cities program need this type of slide presentation too and it was discussed to use Star Cities funds to help finance the editing. 2 . Invitation: Gary estimated that for 600 invitations the cost would be $1 ,672 for the same quality as last time . The invitation itself could be simplified. There was a concensus to simply, use no picture and print smaller names for the ICC members . 3 . Refreshments : Gary will be checking around for bids on catering at the Valley Fair site . 4 . IMAX movie: The IMAX movie is available at no cost for the day . The theatre is also available in event of inclement weather, the pavilion will be used otherwise . 5. May 11th is the tentative date for 1983 Industry Day . 6 . The trolley should be made available for the Day even if we have to pay for it. 7. Theme: Shakopee For Sale: Agreement for such a theme, but a full page ad will be too expensive . Consideration will be made for a display ad in Real Estate Section of the paper, even for a couple of weeks . Use this as a gimmick to get people to attend. 8 . Ballon rides: weather permitting, tethered balloons may be used. 9 . It was suggested to run the theme of For Sale into the Invitation. 10 . Other topics to consider : Who to invite, print up Pens , drawings for prizes , which speakers to have , contents of packets , inviting the Governor to be main speaker. page 5 ICC Minutes February 9 , 1983 Motion to adjourn was made by John Manahan, seconded by Jim O' Neill and motion passed. Meeting was adjourned at 8: 00 p.m. Respectfully submitted, Glenda D. Spiotta 1.3 MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION (Regular Meeting) The Shakopee Public Utilities Commission convened in regular session on February 7, 1983, 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, Cook and Kirchmeier. Also Liaison Wampach, Manager VanHout, Superintendent Leaveck and Secretary Menden. The Employees of the Shakopee Public Utilities Commission were present to discuss the work rules and wages. Mr. John Nelson, owner of an apartment building at 1307 East Shakopee Ave. was present to discuss a high water billing he had received. A discussion followed as to the cause of the high usage. Motion by Kirchmeier, seconded by Cook that based on all the information received the high usage reading is not the fault of the meter but due to a leak in the building and we do not find it necessary to change the meter. Motion carried. A letter from Ken Adolf regarding the connection charge study was discussed at length with the alternate proposals being reviewed. The Commission directed Manager Van Hout to draft a resolution in favor of Alternate #3 as per the letter from Ken Adolf. Liaison Wampach gave his report regarding an update as to the progress of the Downtown Ad Hoc Committee. Manager Van Hout presented a letter to the Commission from Mr. Eugene Greicar requesting a street light on the corner of Adams and 12th. Ave. South. A discussion followed. Motion by Cook, seconded by Kirchmeier to refer to Council the need for a street light on the corner of 12th. and Adams and the Commission recommends the installation of the light with the Shakopee Public Utilities Commission assuming the cost for the maintenance and the City of Shakopee assuming the cost for the installation. Motion carried. Manager Van Hout reported on a pending report from the City regarding the Health Department's statement on our water system. BILLS READ: City of Shakopee 20,032.00 A & B Auto Electric 26.50 ABM Equipment and Supplies 315.48 ATC Test Center 950.00 Auto Con Industries, Inc. 143.43 Auto Central Supply 68.98 Barco Bearing Co. 64.41 Battery and Tire Warehouse 83.09 Bills Toggery 219.13 C H Carpenter Lumber 10.95 Chicago and Northwestern Transportation Co. 80.00 City of Shakopee 749.96 Clay's Printing 89.55 Dicks Service 5.00 Feed Rite Controls, Inc. 921.38 Graybar, Inc. 1,295.00 Hennens ICO 154.10 Krass, Meyer and Kanning 25.00 Landey's Camping center 219.00 Leef Bros. , Inc. 15.50 M/A Associates, Inc. 84.04 Metro Sales, Inc. 150.05 Minnesota Municipal Utilities Assoc. 3,281.36 Motor Parts Service Co. 48.16 Northern States Power Co. 211,343.36 Northern States Power Co. 293.26 Northern States Power Co. 742.50 Northwestern Bell Telephone Co. 340.21 Pitney Bowes 84.50 Rick's Auto and Radiator Repair 55.00 Ron's Shakopee Cleaners 29.50 Stephen Schmitz 30.00 Schoell and Madsen, Inc. 844.15 Shakopee OK Hardware 47.50 Shakopee Public Utilities Commission 130.05 Shakopee Services 18.00 Software Consultants, Inc. 125.00 Spuhl Anderson Machine Co. 164.96 Starks Cleaning Services 17.30 Suel Business Equipment 403.82 Total Tool Supply 204.84 Lou Van HOut 235.40 Wesco 6.50 Motion by Kirchmeier, seconded by Cook that the bills be allowed and ordered paid. Motion carried. A letter from Colleen Hoffman, the Welcome Wagon representative, was read and placed on file. The Secretary was directed to respond to the letter. Motion by Cook, seconded by Kirchmeier to offer Resolution #255 A Resolution Designating Shakopee Public Utilities Commission Depositories. Ayes: Commissioners Cook, Kirchmeier and Bishop. Nayes: none. Resolution passed. Motion carried. Motion by Cook, seconded by Kirchmeier to offer Resolution #256 A Resolution Affixing Salaries. Ayes: Commissioners Cook, Kirchmeier and Bishop. Nayes: none. Resolution passed. Motion carried. Commissioner Kirchmeier questioned the status of the Howe Chemical situation. Manager Van Hout reported that our lawyers are in the process of addressing the situation to the Attorney General. The Shakopee House financial update was given. Commissioner Kirchmeier questioned the equipment renewal progress. Manager Van Hout reported that we do have bids out for a truck chassis at the present time. The Minnesota Municipal Utilities Association Legislative roundup will be held at the Radisson Hotel in St. Paul on February 23 and 24, 1983. The Commission was encouraged to attend. There were no new plats for the month of January, 1983. Superintendent Leaveck reported two fire calls for a total of 4 hours and 40 minutes for the month of January, 1983. There was one lost time accident for January, 1983. Kent Sanders was out for 31 days with a sprained knee. Motion by Kirchmeier, seconded by Cook that the meeting be adjourned. Motion carried. Barbara Menden, Secret- y /5, !1`0NES0l4 - . y11t1t1('ti( )1i1 ,�c rt› * 1 )c�E >�1r111i(�111 �i 11 , (11 .� )Ori( )Ii(! ) Frilll,'-J )(milllO11 HAI( I( O OF TIM"' • I IIIIIlIStiU I k'1 (612) 296-3000 March' 4, 1983 Mr. John K. Alderson City Administrator City of Shakopee 129 E. First Avenue Shakopee, Minnesota 55379-1376 Dear Mr. Anderson: Your recent letter concerning the 'Metropolitan Transit Service Demonstration Program" has been reviewed by the Office of Transit and found to be a very accurate summary of the program. The tax relief question has really generated some interest in the program. Apparently, there will be some legislation introduced this session to change the tax levy situation. If this happens, and its successful, I believe the City of Shakopee should monitor the Metro Councils Governance and Financing Study activities. This study will address the same equity issue, that is the amount of services received for payments made to the Region. If we can be of any assistance, please call Al Schenkelberg at 612/ 296-1615. Sincerely, Richard P. Braun Commissioner An Equal Opportunity Employer TENTATIVE AGENDA ADJ .REG.SESSION _ SHAKOPEE , MINNESOTA MARCH 15, 1983 Mayor Reinke presiding 1 ] Roll Call at 7 :00 P.M . 2] Joint Meeting with the Shakopee Public Utilities Commission a] Coordination System of Public Improvement Projects b] Joint Use and Purchase of City and SPUC Equipment c] Other business: 3] 7 :30 P.M. - Liaison Reports from Councilmembers 4] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 5] Approval of Consent Business - (All items listed with an asterick are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) *6] Approval of Minutes of March 1 , 1983 7] Communications: a] Ronald Scherer 8] Public Hearings : None 9] Boards and Commissions : a] Ad Hoc Downtown Committee aa] Status Report *bb] Appointments b] Planning Commission aa] Zoning Ordinance Amendment on Building Standards c] Industrial Commercial- Commission - Amendment to 1983 Budget 10] Reports from Staff: a] Zylstra United Cable TV Studio Location b] Law Enforcement Training Proposal c] Annual Contract for Consulting Services with Suburban Engineering To be <r7.-- d] 1983 Load Restrictions ovided —"2] Eleventh Avenue Walkway- Res. Authorizing Condemnation Proceedings *f] Park Dedication Due for East View 1st Addition *g] Proposed Worker' s Compensation Re-write HF 310 *h] Appointment to Shakopee Public Utilities Commission *i] VFW Loyalty Day Parade *j ] Case 1st Addition Deposit for Improvements *k] Approval of Transfers 1] Authorize Payment of Bills in Amount of $563 , 515.33 m] Shakopee Farmers Market n] 1983 Municipal Swimming Podl Program/Plan o] Air Products and Chemicals - discussion - see info item #4 11] Resolutions and Ordinances: *a] Res. No. 2122 , Supporting A Permanent Mn. River Crossing At the West Corridor *b] Ord. No. 115, Prohibiting Construction on an Easement *c] Res. No. 2124, Supporting the Continued Location of the Mn. Correctional Facility in Shakopee *d] Res. No. 2121 , Designating the Shakopee Industrial Comnercial Commission as the Lead Organization in Promoting the Star City Program *e] Res. No. 2125, Apportioning Assessments 12] Other Business: a] b] c] 13] Adjourn. John K. Anderson, City Administrator MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Cler (::151 RE: Coordination System of Public Improvement Projects DATE: March 11 , 1983 On January 16 , 1979 , Council adopted a coordination system for public works projects . Staff would like both the Council and the Utilities Commission to consider adopting a new coordination system. Lou VanHout , Bo Spurrier , John Anderson and Judy Cox have met on several occasions , discussed at length, and prepared a revised coordination of public improvement projects . The revised coordi- nation more accurately reflects how things do and should be coordi- nated and is in much more detail . The four parties involved believe that the revised coordination will work much better than the old one. Although there are a couple of minor items that do need to be ironed out yet , staff would like to receive comments and/or recommendations from the Utilities Commission and the Council at this time . 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Dzi b A) 0 c -F-- CD Fs b \ �i Cn C t \J1 `0 H) H O 0 9 0 0 c+ c_„ 0 COCD O C) ,.b H• c+ fH, H t1 zo £ cn Hz N Po X ocG c 17: H3 c) F-0 0-3 (D c+ `i bi((1) O CD 0 9 Z P• 00 0 0 N� w ro o 0 a X X q) I-, � H O CD C) 'i U) H '-S CD H• H r•G CD a .‹ 8 � 'oroR. £ cn zo • ro NP) 0 w ro ,b �' CD � H• Hwm C) CU) to c_.. H. H• n b c+ CD () N H 3 Exi w H. Pow 0< H. d H• H c.3' c+ cam+ N H.N H c+ 'b -P-' X X cb NHH+ O y cc+ O VO a) FTC)H.• C. m x CD CD o • C) c-, cnm z '=] roC) (-) PA) C cH+ H H• H'.<a �- 1� H• c+ X XIV H C) ‘O c H. CD CD Cn m H• PO W H c+ £ n c7 cW H. 1-' H. J• c+ F-' P. XX XX NCD H• n * * D '-S c+ H. rn U) z £ H H o w w d c+ C) k CD 'i X X N a 'O CDCT P v c+ 1 • Palet of Resolution No . 1357 . .A-dopted 1/16/79 XISt: LN4 • COORDINATION OF PUBLIC IMPROVEMENT PROJECTS Project Initiative 1 . By Utility Commission 2 . By citizen/property owner request or petition 3 . By City Council. A . If a proposed project is suggested to either body that body will consider project and 1 . Agree with proposed project and request concurrance from other body . 2 . Raise appropriate questions concerning the project and request fi joint meeting. B . If the proposed project is agreeable to both bodies then the Engineering Department wi 1 l prepare a report setting forth the scope of the feasibility study that will be requested and a recommendation of who should do the feasibility study and submit this report Co the Uti. lLty Commission at least five clays before their meeting . C . Utility Commission will review this Engineering Department report and recommend agreement or appropriate changes . D. City Council will consider the Engineering Department report and the Utility Commission comments and either order feasibility study if both bodies are in agree- ment or defer to next joint meeting of Utility Commission and Council . E. The feasibility report when received will be first presented to the Utility Commission for their review and recommendation and then to the City Council with the comments of the Utility Commission. F F. If the City Council does not agree with the comments of the Utility Commission then this project would be brought up at the next joint meeting of the Utility Commission and the City Council . . . • C;ooralnaCLof of: vUu11C LminuycmenL i'roiccLs • Page 2 C . Feasibility study is approved and the project ordered and completed plans and specifications sent to the Utility Commission for review and approval and then to the City Council with the recommendation of the Utility Commission . H . After approval of the plans and specifications the project will be bid and let by the appropriate body . I . During construction of the project inspection and "field changes" will be coordinated with the staff of both bodies . J . Change orders will he approved by the Utility Commission first and then presented to the City Council . K . As built drawings will be secured and distributed to both bodies for filing. L. Final payment and project approval will be approved by the Utility Commission first and then the City Council . Administration 1. . The City Engineer will attend all Shakopee Public Utility meetings at which public improvements are discussed . 2 . Joint meetings of the Shakopee Public Utility Commission and the Shakopee City Council will be regularly held on the third Tuesday of each month . The agenda for the joint meeting will be sent out by the City of Shakopee and if no items are ready for the agenda , no meeting will be held and no agenda sent . Additional joint meetings may be called by either body as needed and will be arranged by staff at mutually convenient times . 3 . A check list will be prepared to insure that all appropriate coordinations asset forth in this procedure is carried out . 4 . Building permits and plumbing permits which have major impacts on the water and electrical utility system will be sent Co the Utility Commission when reviewed . 5 . The Utility Commission will be invited to any public hearing held by the City for a public improvement project . • MEMO TO: Mayor and City Council Shakopee Public Utilities Commission FROM: John K. Anderson, City Administrator RE: Joint Use and Purchase of City and SPUC Equipment DATE: March 103 1983 Introduction In January, the Shakopee City Council held several meetings discussing City-wide goals and objectives . One of the items discussed related to the degree of shared use of City and SPUC equipment . This discussion also took place during 1983 budget preparations when Council reviewed the City staff ' s request to purchase a backhoe . It was Council ' s belief that it would be useful for the City Council and the Commission members to sit down and have a free-wheeling discussion regarding this subject. Background The City and SPUC staff currently share equipment ranging from SPUC ' s utility billing machine to SPUC ' s occasional use of City dump trucks . Joint use of equipment is primarily worked out at the Superintendent level between Ed Leaveck and Jim Karkanen. Some examples of shared use of equipment are : • The City uses SPUC ' s air compressor whenever it has a need for a compressor. • SPUC uses its post hole digger to dig holes for the City, such as those needed for the salt shed poles . • Both the City and SPUC rent Harry Pass ' s backhoe which is stored in SPUC ' s building in the winter and City lot during the summer. • The City had used SPUC ' s chipper until the City began more intensive use of the chipper in battling the dutch elm disease and purchased its own chipper. • SPUC has used the City' s weed sprayer for spraying right-of-way. • The City uses an SPUC bucket truck for jobs requiring that type of equipment . • SPUC uses the City mechanic for major repairs they do not handle in house . Some of the shared equipment is shared without the operator and some with the operator. Some of the work is billed such as SPUC post hole digging for the City and the City mechanic ' s work on SPUC equipment . Joint Use and Purchase of City and SPUC Equipment L �✓ Page Two March 10 , 1983 Discussion It is the City Council ' s hope that a free-wheeling discussion between staff, Council members and SPUC Commissioners might lead to other areas of joint use of equipment . The discussion could focus on: • The pros and cons of jointly purchased equipment . • The pros and cons of one agency purchasing the equipment and sharing it with the other. • The pros and cons of billing for use of shared equipment. • The usefulness of written guidelines on shared equipment vs . the flexabil.ity of the present procedure under which the two superintendents swap equipment and labor. Summary The purpose of the discussion is simply to review the possibilities of expanded sharing of equipment to keep the cost of City and SPUC equipment at a minimum. No specific conclusions are required from the discussion; however, it would be helpful for the staff of both organizations if some general consensus could be obtained on the questions listed above . JKA/jms OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA MARCH 1, 1983 Vice-Mayor Colligan called the meeting to order at 7:00 P.M. with Cncl. Lebens, Wampach, Vierling and Leroux present. Mayor Reinke arrived later. Also present were John K. Anderson, City Admr. ; Judith S. Cox, City Clerk and Julius A . Coller, II, City Attorney. Liaison reports were given by Councilmembers. Mayor Reinke arrived and took his seat at 7:10 P.M. Vice-Mayor Colligan passed the gavel to Mayor Reinke. Mayor Reinke asked if there was anyone present in the audience who wished to ad- dress the Council on any item not on the agenda, and there was no response. Colligan/Wampach moved to approve the minutes of February 15, 1983 and February 22, 1983 as kept. Roll Call: Ayes; Unanimous Noes; None Motion carried. Vierling/Leroux moved to designate the City Engineer to be the contact person for the Lower Minnesota River Watershed District regarding Shakopee's efforts to com- ply with the Metropolitan Surface Water Management Act. Motion carried unanimously. Colligan/Vierling moved to place on file the letter dated February 17, 1983 from John M. Lane regarding repeal of the calendar parking ordinance, and to inform Mr. Lane of that action. Some discussion took place regarding the ordinance. Motion carried unanimously. Colligan/Wampach moved to appoint Anthony (Bud) Berens to the Ad Hoc Downtown Committee. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Wampach moved to nominate Steve Clay and Gary Laurent as voting members and Trevor Walsten as a non-voting member to the Ad Hoc Downtown Committee. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Wampach moved to accept the resignation of Mr. Freeman Tsui from the Energy and Transportation Committee, and direct staff to advertise for persons interested in receiving consideration for appointment to that Committee. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Wampach moved to approve the application and grant a permit to allow consumption and display of intoxicating liquor to Capone's Food Shops, Inc. , Minnesota Valley Mall. Roll Call: Ayes; Unanimous Noes; None Motion carried. Wampach/Colligan moved to approve the application and grant an off-sale liquor license to Spirit House Liquors, Inc. , Minnesota Valley Mall, upon surrender of the existing license within three days. Motion carried unanimously. The City Admr. gave a further explanation of the concerns regarding the Employee Group Life Insurance. He recommended keeping the status quo until the end of this year, and then implementing a flat rate for 1984. Discussion followed. Leroux/Vierling moved to direct staff to bring this item back for discussion with the 1984 budget matters, with the intent of setting the base life insurance benefit at $20,000. Motion carried unanimously. Colligan/Leroux moved that bills in the amount of $141,322.57 be allowed and ordered paid. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Wampach moved to approve the reduction of the retainage for Valley Indus- trial Blvd. So. from 5 percent to 2.5 percent and pay Valley Paving, Inc. , 12494 Wyoming Ave. So. , Savage, Mn. 55378, $3,781.43 in the regular billing cycle for March. Roll Call: Ayes; Unanimous Noes; None Motion carried. Shakopee City Council March 1, 1983 Page 2 Colligan/Wampach moved to authorize advertising for bids for Levee Drive Extension, Project No. 1982-3. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Engineer stated that there are so many unanswered questions regarding the City's compliance with the Storm and Waste Water Management Law, that it is his belief the City needs to start pursuing it further immediately to see if more time is needed to form all the Joint Powers Agreements needed for the various basins. Discussion followed regarding the policy impacts of the law and the City and County's responsibilities for compliance with it. The City Engineer said he be- lieves that if the City or County do not comply with this law within the time frame, Met Council will try to become involved in the planning of it. He stated if the City lost control of the planning it would be detrimental to orderly develop- ment as the City would desire it. Discussion followed regarding the multi-juris- dictional boundaries of the various basins, and the role of water management or- ganizations. Leroux/Wampach moved to direct City staff to meet with the seven jurisdictions which are affected by the watershed within the City of Shakopee to establish the requirements for joint powers agreements that would establish water management organizations for those watersheds. Motion carried with Cncl. Colligan opposed. Discussion ensued regarding the 1982 Pavement Preservation Program and specifically the condition of 10th Avenue and possibilities for remedying the damage. Leroux/Vierling moved to direct City staff to order the corrective work on the 1982 Pavement Preservation Program and have those written orders reviewed by legal counsel. Motion carried unanimously. Discussion ensued regarding a proposed city-wide concrete replacement contract. Colligan/Wampach moved to approve the Advertisement for Bid for the Curb and Gutter, Sidewalk and Driveway Approach Replacement Program. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Vierling moved to direct staff to contact our senator and ask his support of the amendment to S.F. 56 that would remove the statutory maximum fee for off-sale liquor licenses; and at least support the fee increase provision now in the bill. Motion carried unanimously. Colligan/Wampach moved to direct staff to contact our legislators asking their sup- port in: 1) the defeat of any legislation authorizing off-sale licensees to dis- pense samples of wine (S.F. 201) and 2) the defeat of any legislation changing the beneficiary of liquor bonds from the city to the state (H.F. 223). Motion carried unanimously. Leroux/Colligan moved to authorize proper City officials to execute an agreement with Robert McAllister for services as Pound Master for the City of Shakopee. Roll Call: Ayes; Vierling, Leroux, Colligan, Reinke Noes; Wampach, Lebens Motion carried. Leroux/Vierling moved to approve the amendment to the City of Shakopee Policy, Criteria and Procedures for the Review of Municipal Industrial and Commercial Development Bond Applications dated March 1, 1983 and filed in the City Clerk's official record of documents. Motion carried with Cncl. Lebens opposed. Discussion was held regarding purchasing of abandoned railroad right-of-way in Block 52. Cncl. Lebens stated she believed this matter should come before the HRA, rather than City Council. Discussion followed regarding what use the lots could be put to -- either sold to a developer or developed by HRA. Leroux/Vierling moved to direct the City Attorney to make a written counter offer to R. J. Gregory, Regional Manager - Property Mgt. in the amount of 55 cents per square foot for the abandoned railroad right-of-way lying within Lots 3 & 4, Block 52. Roll Call: Ayes; Unanimous Noes; None Motion carried. Shakopee City Council March 1, 1983 Page 3 Colligan/Lebens offered Resolution No. 2120, A Resolution Approving Plans For the Improvement of County State Aid Highway No. 21, and moved its adoption. Motion cairled unanimously. Leroux/Colligan moved to direct the City Engineer to notify the County Highway Engineer that the return of present County Highway 21 (Muhlenhardt Road) must be made in accordance with State turn-back requirements. Motion carried unanimously. Colligan/Wampach offered Resolution No. 2115, A Resolution Apportioning Assessments Among New Parcels Created as a Result of the Separate Ownership of Lots 6 and 7, Block 51, Original Shakopee Plat, and moved its adoption. Roll Call: Ayes; Unaninous Noes; None Motion carried. Colligan/Wampach offered Resolution No. 2116, A Resolution Appointing Certain City Officials and Employees to the Shakopee Deferred Compensation Plan for Tax Exempt Employees' Committee, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Wampach offered Resolution No. 2113, A Resolution Amending Resolution No. 1282, Adopting a Public Improvement Assessment Policy, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Discussion ensued regarding establishing a policy for emergency closing of City facilities, especially regarding employee time recording when absent from work. Consensus was to allow an employee to borrow against future comp time, but it must be made up within the next 3 months following the closing of a City facility. Vierling/Lebens offered Resolution No. 2117, A Resolution Establishing A Policy For Emergency Closing of City Facilities, and moved its adoption. Motion carried with Cncl. Leroux opposed. The City Clerk stated the background regarding the written agreement pertaining to looping the watermain and acceptance of additional water run-off that was required before final approval of the plat of Evergreen First Addition, and the problems that have been encountered obtaining the agreement. Discussion followed regarding alter- natives for handling the problems. The City Attorney stated that as long as the developer signed the agreement, he is bound by it, even if it is unrecordable. Leroux/Vierling moved to accept the unrecordable "Cooperative Water System and Drainage Agreement" submitted by the developers of Evergreen First Addition, dated October 28, 1982; and authorize proper City officials to execute the plat. Motion carried unanimously. Leroux/Wampach moved to direct staff to put a copy of the "Cooperative Water System and Drainage Agreement" for Evergreen First Addition in the property data file for the property owned by Mr. Wiggin at this time. Motion carried unanimously. The City Clerk stated she was informed by applicant of the liquor license for Spirit House Liquors that he would like to request additional time before the surrender of the existing liquor license because of matters that need to be taken care of in the sale of the business. Therefore, she suggested a re-consideration of the previously passed motion regarding this liquor license. Leroux/Wampach moved to re-consider the motion approving the off sale liquor license of Spirit House Liquors, Inc. Motion carried unanimously. Leroux/Colligan moved to amend the motion to grant an off-sale liquor license to Spirit House Liquors, Inc. upon surrender of the existing license within seven working days. Motion carried unanimously. Motion carried unanimously on main motion as amended. Cncl. Wampach asked the City Admr. about the Fire Department's capabilities for fighting fires that require foam. The Admr. stated the Fire Dept. is now inventory- ing its supplies and capabilities regarding the fighting of different types of fires. The City Admr. informed Councilmembers that a member of the Bureau of Indian Affairs will be present at this week's Planning Commission meeting because of their concern about the proposed sludge land spreading site in Shakopee ad,jacent to the Mdewakanton Sioux Indian Reservation. Colligan/Vierling moved to adjourn to March 15, 1983 at 7:00 P.M. Motion carried unanimously. Meeting adjourned at 9:19 P.M. Judith S. Cox Diane S. Beuch City Clerk Recording Secretary ira) March 11 , 1983 Councilpersons : Sometime around October I believe I received correspondence from the City of Shakopee as to the assessment levied against property I jointly own on Bluff Street . These were in excess of $3,500.00 . I had received a letter from Mr. Spurrier at the time of closing on the property that the assessment would not exceed $3,000 .00, and this amount was put in escrow. Through ignorance on my part , I just assumed that the $3,000 .00 would automatically be paid and the remaining unpaid amount would be assessed against the property . About the first part of February I inquired as to approxi- mately what the taxes were on said property, when I discovered I was still assessed for over $3,500 .00 At this time I inquired at City Hall believing a mistake had been made , when I learned the escrow money had not been released. I then followed up on the money in escrow, which was then released to me . At this point, I took the $3,000 . 00 to City Hall and they would not accept it . I was informed that $357.19 had been levied on the tax structure for this year and the balance on the City ledgers was $3,211.74 . If I wanted to pay the assessment , I had to pay all of the $3,211 .74. Now I find out that I have to pay interest on the total assessment in excess of $3,500 .00 irregardless that I, at this time, have paid the remaining balance . I feel that it would have been in my best interest to have been informed by city employees of this so that I could have banked my $3,200 .00 until this fall. That way, I could have recovered some of the interest I am paying. Therefore , I am asking you to allow Greg Voxland to release my $3,211. 74 to me so that I may bank it until this fall . Thank you, r inktak Ro ald R. Schere 1037 Bluff Stree Shakopee , Minnesota i Y 3: i F c to ?dti CCIXV) MEMO TO: John K. Anderson City Administrator FROM: Don Steger . City Planner RE: Status Report Downtown Ad Hoc Committee DATE: March 10, 1983 On February 2, 1983 the Downtown Committee accepted the recommendation of its Consultant Review Sub-committee and chose five consulting firms as finalists for performing the downtown study. Prior to receiving verbal presentations from the five finalists, the Downtown Committee desired the opinions of merchants and property owners within the downtown concerning their support for a down- town program. A survey was conducted by Downtown Committee members and a summary of the results are being presented for City Council review (see attach- ment) . The Industrial/Commercial Commission was briefed on the results of the survey on March 9, 1983. With the completion of the survey, the Downtown Committee will tentatively meet on March 23, 1983 to discuss the survey results, establish the consultant interview process and assign dates for the interviews. It is anticipated that the consultant presentations/interviews will be conducted during the week of April 4th through April 8th. On approximately April 13th, the Downtown Committee will finalize its consultant recommendation to the City Council for action at the April 19, 1983 City Council meeting. DS/jvm Attachment DOWNTOWN SURVEY SUMMARY 1. Are you in favor of a downtown redevelopment project? • Merchants Property Owners Yes 16 22 No 1 7 2. Will you support, or participate in one or more downtown projects - physically or financially? (Building, remodeling, business relocations, street landscaping, etc. ). Merchants Property Owners Yes 10 10 No 2 8 Maybe/Don't Know 2 11 3. Would you be willing to financially participate in an assessment program which would augment the existing or any future tax increment program? Merchants Property Owners Yes 3 3 No 3 15 Maybe/Don't Know 8 9 4. What do you think the Downtown Committee's approach should be? Merchants Attract more people, concentrate on little projects, hire a professional financial feasibility study, promotion campaigns , maintain tax levels, non-retail north of 1st Avenue , eliminate dilapidated buildings, seek federal assistance. Property Owners More parking, "Old Towne" , secure a major tenant, stop building along County Road 17, decrease taxes, secure a grant, hire professional consultant, should be an individual effort by businesses, eliminate buildings north of 1st Avenue, eliminate vacancies, go slow, improve overall appearance. NOTE: Merchants = non-property owners Property Owners = includes absentee owners and merchant/owners 7a) MEMO TO: John K. Anderson, City Administrator "" / FROM: Judith S . Cox, City Clerk RE: Appointment to Ad Hoc Downtwon Committee DATE: March 7 , 1983 Introduction On March 1 , 1983 the Council nominated Steve Clay and Gary Laurent to the Ad Hoc Downtwon Committee ; and also nominated Trevor Walsten as a non-voting member. Action Requested Appoint Steve Clay and Gary Laurent to the Ad Hoc Downtwon Committee as voting members and appoint Trevor Walsten as a non-voting member. JSC/jms `rU MEMO TO: John K. Anderson City Administrator FROM: Don Steger City Planner RE: Zoning Ordinance Amendment Building Standards DATE: March 4, 1983 Introduction The proposed amendment to the Zoning Ordinance sets forth specific building requirements for new single family detached residences: 1) 24 foot minimum width requirement; and 2) permanent foundation requirement. Background At the March 3, 1983 meeting, the Planning Commission unanimously recommended that the City Council amend the Zoning Ordinance as stated above. The staff report to the Planning Commission is attached for additional background. Recommendation The Planning Commission recommends that Section 11.03, Subd. 8 (Pg. 278) of the Zoning Ordinance be amended as follows: Change title to read: "Subd. 8. Building Standards For Dwellings" Add second paragraph to read: "All new single family detached residences shall be at least 24 feet wide and placed on a permanent foundation. " Action Requested Motion to request the City Attorney to draft an ordinance which would amend the Zoning Ordinance, as stated above. DS/jvm Attachment C (1.i MEMO TO: Shakopee Planning Commission FROM: Don Steger City Planner RE: Amendment to Zoning Ordinance Manufactured Housing DATE: February 23, 1983 Introduction The staff is requesting the Planning Commission to consider an amendment to the Zoning Ordinance. This suggested amendment sets forth specific building requirements for new single family detached_ residences: 1) 24 foot minimum width requirement; and 2) permanent foundation requirement. Background The 1982 Minnesota Legislature passed legislation which stated that manufactured homes must be treated the same as conventional site-built homes, in terms of zoning regulations. The effect of this law is to allow manufactured homes in any zoning district, which permits conventional homes. Even single-wide mobile homes would be permitted in traditional single family neighborhoods through this legislation. Cities have been advised by the League of Minnesota Cities, the Metropolitan Council and other such agencies that an amendment to a community's existing Zoning Ordinance may be needed in order to effectively protect traditional home developments and yet comply with the new legislation. Housing regulations can be added to zoning ordinances as long as the regulations apply to all new housing units and not just to manufactured homes. After reviewing material sent by the Metropolitan Council , the City staff is suggesting amending our Zoning Ordinance by requiring new detached single family homes to be at least 24 feet wide and have a permanent foundation (as defined in the City's Building Code). Such an amendment would apply to all new detached single family homes (both manufactured homes and conventional site- built homes) and would not permit the single-wide or narrow double-wide, manufactured home to be located within typical residential neighborhoods. The City Building Official contacted most of the builders/developers in the Shakopee area and received no negative comments regarding the proposed 24 foot width requirement. Shakopee Planning Commission February 23, 1983 Amendment to Zoning Ordinance Page -2- Proposed Zoning Ordinance Amendment Section 11.03, Subd. 8 (Pg. 278) of the Zoning Ordinance could be amended as follows: Change title to read: "Subd. 8. Building Standards For Dwellings. " Add second paragraph to read: "All new single family detached residences shall be at least 24 feet wide and placed on a permanent foundation. " Alternatives 1. Amend the Zoning Ordinance as suggested. 2. Amend the Zoning Ordinance with different requirements. 3. Do not amend the Zoning Ordinance. Action Requested Motion to recommend that the City Council amend Section 11.03, Subd. 8 by changing the title and adding a second paragraph as proposed by City Planner memo dated February 23, 1983. DS/jvm MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Amendment to 1983 Industrial Commercial Committee Budget DATE: March 11 , 1983 Introduction The Industrial Commercial Commission, at its regular March 9 , 1983 meeting, firmed up its proposed Industry Day budget . As a result of the planned activities the Commission is requesting that Council amend their 1983 budget . Budget Request The Industrial Commercial Commission plans a major Industry Day promotion every other year. In 1981 , the first year for the Industry Day promotion, the Commission ' s total expenditures were $5 ,020. In 1982 the Commission' s budget was $2 ,000 and the Commis- sion had actual expenditures of $607 . For 1983 the Commission has scheduled another Industrial/Commercial Day promotion. The present 1983 budget is $3 ,150 and the Commission is asking that this be increased by $4 , 150 for a total budget of $7 ,300 . The additional expenditures are for the following: $3 ,290 for the Industry Day budget , $2 ,400 for the professional slide presentation which will become an intrigal part of the City ' s Star City promotion program, and $600 for a small commercial and industrial promotional brochure similar to the one printed by the City of Savage . These three items come to $6 ,290 and the balance of their request covers other miscellaneous Commission expense during the year which include recording secretary costs . Alternatives 1 . Approve the $4, 150 increase requested for the 1983 Industrial Commercial Commission budget . 2 . Modify the request by dropping one or more elements . 3 . Disapprove the request and maintain the current 1983 budget . Recommendation Staff recommends alternative No. 1 . The City has made a commitment to the orderly development of its industrial park and underscored this commitment in its goals and objectives . The 1981 Commercial Industrial Day promotion was a big success and there is no reason to expect that the 1983 version to be held May 10 , 1983, at Valley- fair will be any different . The City has also determined that it Amendment to 1983 Industrial Commercial Committee Budget a Page Two March 11 , 1983 will put together a program to qualify as a Star City. While a slide program is required under the Star City program, it does not necessary have to be a professional program costing $2 ,400. However, the City of Shakopee is competing with very sophisticated industrial promotions from other metropolitan area cities . It is for these reasons that staff recommend alternative No. 1 . Action Requested Direct staff to include a budget amendment increasing the 1983 Industrial Commercial Commission' s budget by $4,150. This amend- ment to be taken from the 1983 Contingency Fund and included with other amendments when staff presents 1983 budget amendments in April . JKA/jms /Qa MEMO TO: Mayor and City Council FROM: John R. Anderson, City Administrator RE: Zylstra United Cable TV Studio Location DATE: March 11 , 1983 Introduction Several months ago I participated in a tour of possible studio locations in Shakopee schools . At that time Zylstra United and the school system had determined that there first choice , the Senior High, probably would not work and that other alternatives needed to be considered. The other alternatives included a portable classroom located to the rear of the Senior High and an area in the Junior High shop which would require expensive modifications . To make either of these alternatives .work Zylstra United was exploring the possibility of having the City release Zylstra United from its $10 ,000 commitment for local access programing. In reviewing the facilities at the Senior High one final time , I proposed a fourth alternative . Fourth Alternative It was my suggestion to Virgil Mears that the school and Zylstra United consider the construction of a room serving the needs of the school and Zylstra United in front of the cafeteria and adjacent to the main entrance to the Senior High from the parking lot . We discussed financing alternatives and I indicated that there might be the possibility of assistance. from the City. Virgil Mears then contacted Zylstra United and obtained cost estimates for the needed addition. A number of months had passed when Virgil Mears contacted me early this week saying that it appeared that they could make this fourth alternative work. Virgil indicated they had received an estimate of $43 ,000 for the building and that if this amount were spread over 15 years at approximately 9% interest , Zylstra United could make the required monthly rental payments to the school to make the whole project work. Since Virgil ' s call I have been putting together information regarding the role the City might play in putting together the needed financial packaging. The first question to be asked was whether or not the City could participate in this type of development project . The attached memo from Rod Krass ' s office indicates that there is no clear authorization for this type of project or prohibition against it . Rather, the project must meet a "public purpose doctrine" requirement . Rod Krass will be attending Tuesday' s meeting to address your questions regarding the attached memo. When reading the memo from Rod ' s office remember that the City is establishing a Cable Advisory Committee and a Cable Commission that will be focusing on local program origination. To fund the project the City can participate in one of two ways . First , the City could negotiate the sale of $43 ,000 in municipal Zyistra United Cable TV Studio Location Page Two March 11 , 1983 notes or bonds with a local bank. Second , the City could provide the capital from fund balances in the HRA Budget , the Capital Equipment Budget or the General Fund. In either case , the financing would work as follows : 1 . Zyistra United would enter into a 15 year lease agreement with the City. 2 . The City would provide the financing to the school for construction of the facility. 3 . The City would own the facility until the lease is paid off and then transfer it to the school for $1 . 4. Zylstra United and the school would have a separate agreement covering the use and maintenance of the building. Financing The reason for the City ' s involvement in this project are the con- straints on the school district . The school district cannot par- ticipate in this form of installment payment for facilities . The school would have to go out for a bond issue to raise the capital for the construction of the facility because its current capital improvement fund balance has been obligated as part of the school ' s solution to the financing crisis over the last two years . The First National Bank has been contacted twice regarding this subject , and they have placed it on their agenda for discussion at a staff meeting on Friday, March 11 , 1983 . I will be able to report on the results of that meeting at Tuesday' s Council meet- ing. Alternatives 1 . The City can chose not to participate in this type of financial packaging for studio facilities to be owned by the school and rented to Zylstra United. This alternative would be selected if Council found that there was no "public purpose" which would permit the City' s participation in the project . 2 . The City could participate in the financing of the project if it found that there was sufficient "public purpose" . The City and school district have participated in numerous community service and recreational program sand construction projects . The most recent such project was the development of the warming house , hockey rink, and playground equipment on the Junior High School property. The expenditure for these facilities on Junior High property was made in the context of a longer range plan that would see the facilities moved o City property adjacent to the Junior 15r. In this case the project would provide facilities to be owned by the school in 15 years at no cost to the City. Recommendation It is my recommendation that the City proceed with its efforts to try and put together a financial package that would make this Zylstra United Cable TV Studio Location rC) aS Page Three March 11 , 1983 fourth alternative possible . Council members may wish to tour the Junior High and Senior High to look for other alternatives if they feel that would be appropriate . After such a tour, I believe Council members would concur that the construction of this facility at the Senior High clearly does a better job in meeting the needs of the school and Zylstra United in providing the right kind of facility for local origination programing. Action Requested Direct staff to work with Zylstra United, Shakopee Public Schools , and First National Bank to put together the specifics of a financing package e ht back to Council for final determination at - its next regular meeting. JKA/jms 1& -3 64/41/ , //k) Af4La ZAjtvot d A tic) . w k INTEROFFICE MEMO TO: ROD 66- FROM: JIM RE: CITY OF SHAKOPEE LOAN TO SCHOOL DISTRICT DATE: MARCH 10, 1983 . You asked me to research the following question. Can the City of Shakopee loan money to the Shakopee School District, the purpose of the loan being to construct a building which the School District will subsequently lease to a private cable television company. The cable television company will purportedly use the building to originate broadcasts of programs with local significance and will also make it available to the School District for programs of educational and school district interests. After several hours of research, I was unable to locate any statute that expressly authorized a city to make a loan to a school district for this type of activity. As you directed, I also contacted the League of Cities and Mr. Bob Paucher, Springsted financial consultant, and asked for their opinions on the matter. The League of Cities research assistant who I talked to, Bill Makela (227-5600) said he did not know, but would consider the question and call me back. He has not done so as of the time I am dictating this memo. Bob Paucher also was unable to give me an answer. In fact, he stated that it was he who recommended to John Anderson that John ask your opinion concerning the legality of this arrangement. Mr. Paucher did express his concern that there may be a problem with the "public purpose doctrine" here. I found a very old case where the Minnesota Supreme Court stated that a city had no authority to loan money to a private individual because the act of making a loan was not within its corporate charter. City of Fergus Falls v. Fergus Falls Hotel Co. , 80 Minn. 165 (1900). Of course, the statute applicable in 1900 has now been replaced by the more modern statutes applicable to municipalities in Minnesota. However, as I stated earlier, I was unable to find any statute that expressly authorized a city to lend money. M.S. 412.221 (32) grants city councils the power to provide for the general welfare in a way not inconsistent with the Constitution and the laws of the United States or of Minnesota. M.S. 471.15 to 471.191 give cities and school districts some authority to cooperate in the provision of recreational facilities. A big question I have with using those statutes is that the term "recreational" is never very adequately defined. With that as a preface, I have summarized the provisions of those statutes below: Section 471.15 authorizes a city or a school district to operate programs of public recreation and to acquire, equip, and maintain land, buildings or other recreational facilities and to expend funds for the operation of such programs. Cities and school districts may operate such programs independently "or they may cooperate among themselves". ..and "in any manner in which they mutually agree." While I was dictating this memo I got a call back from the League of Cities researcher. He discussed with me some of the statutes I have already highlighted and he also mentioned the joint powers statute Section 471.59. It states among other things that two or more governmental units, by agreement entered into through their governing bodies, may jointly or cooperatively exercise any power, common to the contracting parties or any similar powers. He suggested giving consideration to an agreement whereby the school district would contribute the land and the city would contribute the building. The agreement would further .provide that the money required to construct the building would be paid back from the rental revenues generated by leasing the building to the cable company. He seemed to think that that was the most promising approach to take. He also pointed out MS 465.035 which provides that any county, city or other public corporation may lease or convey its lands for a nominal consideration, without consideration or for such consideration as may be agreed upon to any governmental subdivision or public corporation. You wondered if that might not be used in some way between the two governmental bodies. Getting back to the question of public purpose, the Minnesota Supreme Court discussed that issue in City of Pipestone v. Mattsson, 178 NW2d 594. The Court generally construes public purpose to mean such an activity as will serve as a benefit to the community as a body and which at the same time is directly related to the functions of government. Mattson at 599. Public funds shall be used solely for public purposes and shall never be used or encumbered by pledging the state's credit in the furtherance of any private purpose or in the aid of any private individual or entity. If the primary object of an expenditure of municipal funds is to subserve a public purpose, the expenditure is legal, although it may also involve as an incident an expenditure which, standing alone would not be lawful. It is equally well settled that if the primary object is to promote some private end, the expenditure is illegal, although it may incidentally serve some public purpose also. In the final analysis, the determination of public purpose rests with the courts. Mattsson at 599. In summary, I was not able to identify either case law or a statute that expressly authorizes the kind of arrangement contemplated by the City of Shakopee. It does seem, however, that a liberal interpretation of the joint powers statute and the general welfare power of the City might result in the grant of power you are looking for. I know you needed this by Friday morning, so I stopped at this point. The League of Cities told me they would send down some memos they had done that are somewhat related to this problem. They should be here by Friday morning and if they are I will be sure that you get them. Please inform me if you want me to do additional work on this topic. JD:sm ion t -74ra City of Shakopee irw `® P F POLICE DEPARTMENT - NN E S 0 �,, ,,,� :, �) ���� (b� rq 476 South Gorman Street ,`; �' lk ✓.. SHAKOPEE, MINNESOTA 55379 ' r'� ! Tel. 445-6666 � , L 1 ' 4 55374 ' ' TO: Mayor, Council Members FROM: Tom Brownell, Chief of Police SUBJECT: Law Enforcement Training Proposal DATE: March 8 , 1983 INTRODUCTION All law enforcement agencies in Scott and Carver Counties have met to review our training requirements and to determine the best method of providing training at the most cost effective level. BACKGROUND All police officers are licensed by the State and are required to obtain a minimum of 48 hours of approved training during a three year period. Historically the department has primarily participated in the Hennepin County Training System, which provides courses at varying locations in Hennepin County at a cost ranging from $20.00 to $195. 00 for each course. We have reviewed an alternative with the Dakota County Police Training System, which we feel would provide quality training, to more officers, locally, at a fixed annual fee. A coordinated training effort will provide training in the Shakopee area for most courses, which will reduce travel and subsistence costs, and enable the department to train several officers at one time. The 1984 annual fee for full participation in the system will be $200. 00 per officer, which will not require an increase in our training budget. It Law Enforcement Training Proposal Page -2- RECOMMENDATION The Dakota County system would be cost effective and is capable of providing quality training. COUNCIL ACTION REQUESTED Authorize the Chief of Police to negotiate an agreement with the Dakota County Training System to provide law enforcement training and bring an agreement back for Council consideration. /Oc. MEMORANDA TO : John K. Anderson City Administrator FROM : H. R. Spurrier City Engineer SUBJECT: Annual Contract for Consulting Services DATE : March 11, 1983 Introduction The annual contract the City has with Suburban Engineering Company provides for an adjustment of the fees charged the City for consulting services. Background Attached is the revised fee schedule for 1983. The consultant proposes a modest increase of approximately 4 to 6 percent. The fees are still below Metropolitan average for similar services. Reiterating my 1982 recommendation; there is no reason to seek other consulting services for general engineering work because doing so, would result in costly familiarization time. Therefore, it is the recommendation of City staff that the appropriate City officials be directed to amend the contract for consulting services by replacing the 1982 Fee Schedule with a revised 1983 Fee Schedule. Action Requested Direct the appropriate City officials to amend the contract with Suburban Engineering by replacing the 1982 Fee Schedule with the 1983 Fee Schudule dated March 15 , 1983 . HRS/jvm Attachment Mail replies-P.O. Box 32308 • 571-6066 URURBAN 61;75 Highway No. 85 N. E. NOINiEERINa Minneapolis, Minnesota 55432 INC..' 890.6510 •Ciuil, Municipal & Environmental Engineering 12350 River Ridge Blvd. © Land Surveying • Land Planning •Soil Testing Burnsville, Minnesota 55337 LJD March 15 , 1983 HOURLY RATE FEE SCHEDULE FOR ENGINEERING & SURVEYING SERVICES Effective for 1983 calendar year. Work done in 1984 will be subject to rate adjustment. Due to the variation in complexity of engineering and surveying projects, it is often impossible to determine in advance the exact time and effort that any project will require. Where fixed fees or percentage of con- struction cost fee are not agreed to in advance, all work will be done on an hourly basis in accordance with this schedule. 1 . Principal Engineer $54.00/hour 2. Principal Surveyor $50.00/hour 3. Senior Engineer - $48.00/hour 4. Project Engineer ----- $32.00 $43.00/hour 5. Survey Supervisor --------____ $38.00/hour 6. Planner $37.00/hour 7. Designer ---------- $35.00/hour 8. Technician 4 -------- $32.00/hour 9. Technician 3 - - $28.00/hour 10. Technician 2 -- $25.00/hour 11 . Technician 1 - $22.00/hour 12. Drafting Apprentice ------------------ ---- $15.00/hour 13. Project Field Coordinator ------- $32.00/hour 14. Project Field Representative ---- ---- $27.00/hour 15. 3 Man Survey Crew --- $72.00/hour 16. 2 Man Survey Crew - $58.00/hour The above hourly rates include all normal expenses such as typing, in-house printing, field staking supplies, and vehicle operating cost in the metro- politan area. In special cases with unusual expenses or for travel away from this area, there will be an additional charge for out of pocket expenses. CREDIT POLICY Unless otherwise agreed upon in writing, payment for all invoices shall be net 30 days from date of invoice. Interest on past due accounts will be added to the unpaid balance at the rate of one and one-half (1 1/2) percent per month on the unpaid balance in accordance with Minnesota Statutes, Chapter 346. With the placement of a work order, the client agrees to be liable for all costs incurred in the collection of the delinquent account. 1/1/83 B Robert/4ndvr,Rr7.Eng Wm.E Pnce,R. Eng H. Willnam Rogers,Reg.Surv. Gory R Harm,Reg ,rurv. Peter J.Moinoro,Rog.Eng. Wm.E Jansen,Reg.Eng W jorn J.Rreamaky,Reg Eng Robert Sskirk Reg.Surv. ince A.Peterson.Reg Eng Deraef P.JoMson,Rey.Fire. MEMORANDA ) () TO John K. Anderson City Administrator r FROM H. R. Spurrier II ( , City Engineer V SUBJECT: 1983 Load Restrictions \ DATE March 14, 1983 Introduction: Some Council members were no doubt called last week when School District No. 720 advised parents that the school bus would not pick up children in Eaglewood and that children must catch the bus at County Road 17. Background: Placing load restrictions in the City is not a serious problem, but load restrictions in a few rural subdivisions is a serious propblem. The problem puts the staff in a very difficult position. That position became clear last week when I was in Eaglewood to test roll the pavement to determine whether construction materials could be brought to a building site on the opposite side of the subdivision. A nearly empty bus happened to approach and I asked the driver whether the bus was loaded or near empty when it came out to Eaglewood. The driver throught the bus was near empty on one trip and near full on the other. I showed concern when the driver said he was full on one trip and I also asked if the routes could be altered. The driver replied that it was improbable that changes in the route could be made. The driver must have immediately advised the school district of the conversation he had with a City official and I was called by Virgil Mears as soon as the driver had returned to the bus barn. In my conversation with Virgil Mears, I advised him that a loaded bus exceeded the permissable axel weight. I asked Mr. Mears if a route alteration was possible and since no alteration was possible, the only alternative for the school district was to collect and discharge the children at County Road 17. The school district immediately sent notices with the children in Eaglewood that the bus would not be able to enter the subdivision and that the bus would discharge and collect the children at County Road 17. Once the children arrived home, that was probably the time that some Council members received phone calls from worried parents. John K. Anderson March 14, 1983 Load Restrictions Page -2- The second conversation with school district officials determined that the bus was not fully loaded as earlier specified and that the partially loaded bus , although very close or slightly over the signed limit, could enter Eaglewood. The earlier order was then rescinded and for now, the school bus enters Eaglewood Subdivision to collect passengers. The City was not prepared to take specific action regarding load limits until pavement strength inventory had been completed for the City by Midwest Pavement Management. The City is now in receipt of that study and the next agenda will report on the findings of that report. In general , that inventory has noted that most of the City streets could be signed for 7 ton without adverse affect. The City is left with the problem of weak structural sections in two rural subdivisions; Timber Trails and Eaglewood. Load restrictions will have to remain or increase in severity unless something is done about the pavement. The Engineering Department is undertaking a study at this time to determine the alternatives the City has in financing such projects. Staff will be prepared to discuss any questions Council has regarding these matters at the Council meeting March 15, 1983. HRS/jvm MEMORANDA TO John K. Anderson City Administrator FROM : H. R. Spurrier - . City Engineer —0116- -- — SUBJECT: Walkway from Park Ridge drive to 11th Avenue DATE March 14, 1983 Introduction: The City planned to construct a walkway between 11th Avenue and Park Ridge Drive, understanding that the right-of-way would be dedicated once adjacent property had been Torrenced. Background: During, and subsequent to, right-of-way acquisition for Park Ridge Drive improvement, staff discussed acquisition of a walkway from adjacent property owners and the property owner was willing to dedicate that right-of-way once Torrencing had been completed. Torrencing has not been completed yet, but the property owner' s attorney has recommended that the right-of-way not be dedicated to the City. This right-of-way and walkway was requested by School District No. 720 for access for students that lived east of Austin Street. The City had earlier agreed to acquire this easement and construct a walkway, now the cost of constructing that walkway has increased significantly. The amount of the increase will not be known specifically until the value of the walkway right-of- way is appraised. The cost of the appraisal should be approximately $400 to $500, then it will be necessary for the City to make an offer to the property owner while initiating Eminent Domain Proceedings for walkway acquisition. There are two alternatives at this point; one is to continue with the construction of a walkway initiating Eminent Domains Proceedings to acquire a walkway right- of-way between Park Ridge Drive and 11th Avenue and the second is to do nothing and advise Shakopee School District No. 720 that this project has been dropped from the City' s Capital Improvement Program. i John K. Anderson March 14, 1983 Walkway - Park Ridge Drive to 11th Avenue Page -2- Action Requested: Authorize staff to prepare the necessary resolution for authorizing Condemnation Proceedings to acquire right-of-way for a walkway between Park Ridge Drive and 11th Avenue. ALTERNATE ACTION: Direct staff to advise School District No. 72.0 that the City will not be constructing a walkway between Park Ridge Drive and 11th Avenue. NRS/j vm cc: Virgil Mears, School District Superintendent ICYMEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City CleC4H// RE: Park Dedication Due for East View 1st Addition DATE: March 11 , 1983 Introduction I am working with Mr. Chard, developer of East View 1st Addition, on the amendment to the developers agreement relative to park dedication. The question has arisen, why is there park dedica- tion against the lot where the old homestead is sitting? Background My understanding of the land dedication or cash contribution for public open space required at the time of platting is to provide more parks/or funds to develop them for new residents to the community as a result of growth. The Drees homestead is not new construction and probably should not have received a park dedication encumbrance at, the time it was included in the East View 1st plat . This situation is similar to the Shakopee Professional Building, which I brought before Council last December, at which time Council concurred with staff and erased the park fee . In figuring the park dedication for. East View 1st , I did so for the whole subdivision pursuant to the City Code. No mention was made to exclude the homestead lot from the park fee requirements , and I suspect no one has given it any thought until now. Alternatives 1 . Let the encumbrance stand and foreclose if current property owner doesn' t pay the $250 or sign an amendment postponing payment until a building permit is taken out . (Mr. Chard does not own the property! ) 2 . Require Mr. Chard to pay the $250 for this lot and if he refuses , require him to pay the park dedication he now owes on his other lots , rather than be allowed to defer payment by signing an amendment to the developers agreement . 3 . Amend the developers agreement erasing the $250 park fee from the homestead. Recommendation Staff recommends alternative three . Action Requested Authorize the preparation, execution and recording of an amendment to the developers agreement erasing the $250. 00 park fee against Lot 1 , Block 4 , East View 1st Addition. cc : Bill Chard JSC/jms /0 MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Proposed Worker ' s Compensation Re-write H.F. 310 DATE: March 3 , 1983 Introduction The cities in Minnesota along with the businesses in Minnesota have been suffering under the current worker' s compensation laws . Changes in the worker' s compensation law are the number one priority of the Minnesota Association of Chamber of Commerces , and are high on the list of priorities for the League of Minnesota Cities . Background H.F. 310 is sponsored by Erickson, Brinkman, Heinitz , Stadum and would completely rewrite the present worker' s compensation statutes making the Minnesota law similar to that in Florida. The Florida law bases disability payments on a "wage-loss" concept rather than a statutory schedule. Of special interest to cities is the elimina- tion of the presumption that police and firefighters heart and lung disease is job related. The various discussions I have heard regarding alternatives to the Minnesota law have focused on the Florida system. The actual bene- fits paid out in Florida are not significantly different than those paid in Minnesota , however the system works significantly better for the employee and the employer by eliminating heavy legal costs . I know the Minnesota Association of Chamber of Commerces definately would prefer something similar to the Florida system. Alternatives 1 . Take no action. 2 . Support H.F. 310. 3 . Oppose H.F. 310. Recommendation The City of Shakopee would clearly benefit from a new worker' s compensation law. The Florida law would benefit the City without reducing the current worker ' s compensation protection to employees . For these reasons I recommend alternative No. 2 . Action Requested Direct the appropriate staff to write our representatives expressing City Council ' s support for H.F. 310 which would rewrite Minnesota ' s worker ' s compensation law. JKA/jms /Oki MEMO TO: John K. Anderson, City Administrator C)7._.,' FROM: Judith S. Cox, City Cler RE: Appointment to Shakopee Public Utilities Commission DATE: March 7 , .1983 Introduction Mr. Cook was recently appointed to fill the unexpired term of Russ Nolting on the Shakopee Public Utilities Commission. This term expires in April and a nomination and appointment is now in order. Background Mr. Cook has been contacted and he is interested in being reappointed to the S .P.U.C. Although Mr. Bishop has expressed an interest in resigning from his term, he has agreed to serve for an additional few months . Action Requested Nomination of Jim Cook to the Shakopee Public Utilities Commission. JSC/jms Iu MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk .z--• RE: VFW Loyalty Day Parade DATE: March 8 , 1983 Introduction The Shakopee V.F.W. is planning a parade on May 1st in conjunction with their Loyalty Day celebration. Background I have been in contact with Roger Dedeker regarding the parade route . At this time the V.F.W. is planning a parade on Sunday, May 1st beginning at 1 : 00 p.m. along 10th Avenue from the High School to Lions Park. The V. F.W. would like permission to use 10th Avenue and Adams Street South to Lions Park as the parade route . I explained to Mr. Dedeker that he should also talk with the County as Adams Street is a County Road. Mr. Dedeker will obtain a liability insurance for the V.F.W. and will add the City of Shakopee as an additional insured, for this activity. I have spoken with Mr. Brownell and he has no problem with the request and will work out the details of conducting the parade with the V.F.W. Action Recommended Approve the request and grant permission to the Shakopee V.F.W. to utilize 10th Avenue and Adams Street from the Senior High to Lions Park on May 1st , 1983 , beginning at 1 : 00 p.m. in order to conduct a parade in celebration of Loyalty Day; and that a certi- ficate of insurance adding the City of Shakopee as an additional insured for liability shall be filed with the City prior to May 1st . JSC/jms to City Administrator K. Anderson, MEMO TO: John FROM: Judith S . Cox, City Clerk V RE: Case 1st Addition Deposit for Improvements DATE: March 8 , 1983 Introduction At the time of the platting of Case 1st Addition, a $2 , 500 deposit was made with the City guaranteeing the construction of the required improvements . Background The developer has completed the required improvements (a storm water detention facility) and the City did approve and accept it on March 29 , 1982 . Because no maintenance bond was provided to the City, the deposit has not been returned. (The developers agreement provides that either a maintenance bond be provided or the deposit be kept for one year after City approval . ) The City Administrative Policy for handling deposits held by the City to guarantee performance provides that interest is earned on a said deposit for the period of time it is held by the City and at a rate on the investments held by the City on December 31st of the prior. year. (This language is similar to that in our currently revised developers agreements . ) The interest on this $2 ,500 deposit from June 19 , 1981 through March 29 , 1983 at 7-3/4% comes to $357 .86 . Recommendation Refund the deposit plus interest earned while in the City' s possession. Action Requested Authorize and direct staff to refund to J. I . Case Inc. on March 30 , 1983 , the deposit guaranteeing the improvements to Case 1st Addi- tion in the amount of $2, 500 plus interest in the amount of $357 .86 . JSC/jms ADMINISTRATIVE POLICY NO. 79 • Subject : Procedures for Handling Deposits held by the City to Guarantee Performance Date Adopted : November 3 , 1982 Source pf Authority: City Administrator As a result of a meeting November 3 , 1.982 with the City Clerk, Planner, Finance Director and myself , the City has adopted the following policy regarding deposits placed with the City as guarantees for improvements , etc. All deposits will earn interest for the period of time they are held by the City. Interest earned will be at a rate equal to one percent ( 1%) below the average interest rate (rounded to the nearest quarter) on the investments held by the City on December 31st of the prior year. This money will be returned to the depositor when their deposit is released upon completion of the improvement , project , purchase , etc . JKA/jms, • 4 110 I MEMO TO: John K. Anderson, City Administrator FROM: Gregg Voxland , Finance Director RE: Approval of Transfers DATE: March 10 , 1983 • Introduction and Background Request Council approve the transfer from the Revenue Sharing Fund to the General Fund of $41 , 249 . 52 for the items below. Purchases were 1982 as budgeted/approved by Council . Finance Typewriter Xerox $ 1 , 350.00 Micro/Terminal Logis 5 ,444.00 Street Dump Trunk Brookdale Ford 25 , 714.00 Sander Hayden Murphy 1 ,401 . 25 Plow McQueen 4 ,765. 00 Truck Tuffkote Dynol 100.00 Truck Title 10.00 Park Trash Compactor Village Sanitation 1 ,500.00 Elections Voting Booths 965 . 27 $41 ,249 . 52 Alternatives 1 . Approve Transfer 2 . Disapprove Transfer Recommendation Alternative // 1 Action Requested Move to approve the transfer of $41,249. 52 from the Revenue Sharing Fund to the General Fund . GMV:j ms �, .;� i :f .. na4; s° a�, )0) , • CC • C • 000 • 7 • 7 .) 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There continues to be interest in the community. The Carver/Scott Economic Council is encouraging Shakopee Community Services to again spearhead the project. Background Farmers Markets are encouraged by the State Of Minnesota and they fulfill several needs: 1. Consumers can buy fresh locally grown fruits and vegetables. 2. The market function supports the local economy. 3. These markets have a friendly atmosphere. 4. Patronage supports local agriculture. 5. The market creates links and betters understanding. Shakopee has an under utilized parking lot on Levee Drive behind City Hall that would provide most of the attributes needed for a market; central location, high visibility, easy access, plenty of parking, level hard surface, and close to water and rest rooms in the Community Services Building. Previous conversations with Market Managers in Minneapolis and St Paul and the State of Minnesota Marketing Specialist have unanimously indicated encouragement for this project. A local volunteer would monitor the project. Plans would include a beginning program of being open Saturdays from 10:00 AM - 2:00 PM during the months of June, July, August, and September. Sales would be limited to local growers of fruits and vegetables. They would be required to get a permit, but there would be no charge.. Each participant would be responsible for policing and removing their own trash. Recommendation Staff recommends the authorizing of the development of a Farmers Market on the Silver Arrow Parking Lot on Levee Drive Saturdays from 10:00 AM - 2:00 PM June, July, August and September 1983 on a no fee basis. Action Move to authorize the Community Services Board to operate a Farmers Market on the Silver Arrow Parking Lot on Levee Drive Saturdays from 10:00 AM - 2:00 PM during the months of June, July, August, and September, on a 7/lee basis. ,y r CITY OF SIIAKOPEE MUNICIPAL SWIMMING POOL 1983 PROGRAM/PLAN A. INTRODUCTION The Municipal Outdoor Swimming Pool located in Lions Park first used in 1969, has been a summer focal point for thousnads of fun seekers, swimmers, and sun— bathers. For a number of years the facility was able to meet on site costs from revenues generated. In the past seven years this has not happened. The City has operated the pool as a major service to its constituents. The goal has been to provide a'pleasurable safe atmosphere of fun and instruction. B. BACKGROUND 1. Weather conditions are the major factor that determines to what extent the pool is used each summer. If the temperature soars into the 80's and 90's people will flock to- the pool in great numbers. If not, they won't. 2. Economic conditions seem to provide a framework of a wait and see attitude on the part of many potential pool users. There is a hesitancy to buy season tickets if there is a possible chance that they can get by purchas— ing only a few daily tickets instead. 3. Season Ticket sales have leveled off in recent years. 4. Lessons registrations arc decreasing each year. 5. The 1983 Swimming Pool Budget was predicted upon a bare bones operation mirrored after operations of recent years incorporating some personnel cut backs and minor fee increases. This will result in some cost savings. Some facilities maintenance will suffer. Emphasis on safety will remain very important ! A $6,050.00 deficit has been budgeted. In 1982, a $6,800.00 deficit was budgeted with the actual deficit being $9,554.00 C. PROPOSED HOURS OF USAGE FOR SUMMER 1983 1. The season will begin Saturday, June 4, and conclude Sunday, August 14 — 72 days. Same number of days as in 1982. 2. Staff will meet for a few hours (paid time) prior to the start of the season to prepare facilities and participate in staff training. A few will work for a few hours after the season (paid time) to button down the facilities. 3. The total pool will be available for open swimming from 1:00-4:20 and 6:30-8:20 daily dependent upon weather (same as 1982). The pool will not be available for open swimming during suppertime lesson times. 4. Swimming Instruction will be from June 13 — August 5 weekdays. Hours are 10: 15-12:30 and 5:30-6: 15. Lessons are in blocks of two week periods, 45 minutes per day, and follow the Red Cross Program; Beginners through Advanced Lifesaving. Basic Rescue & Water Safety and Advanced Lifesaving classes are of four weeks duration. 5. The Pool is available for organized responsible groups to reserve the pool for private splash parties beyond regular hours. The fee for these groups is $25.00 for 1A hours or else 750/person, whichever sum is larger. i iC Y ' D. PROPOSED PERSONNEL 1983 The staff will consist of a Manager, Assistant Manager, Cashier, seven Guards/ Instructors, five Aides, and a backup crew of part-time employees. Each of these personnel are scheduled on a regular basis as needed. All perform important functions. They are paid only when they work. 1980 1981 1 1982 PROPOSED POSITION 1983 1. AIDES (3 on duty at one time : concession,bagroom,showers) $2.80-3. 10 $3.00-3. 25 $3.00-3.40 $3.00-3.40 2. GUARDS/INSTRUCTORS (3-6 on duty at one time) 3.80--4.00 4.00-4.20 4.00-4.40 4.00-4.40 3. CASHIERS (1) 3.50 3.80 4.00 4.00 4. MANAGERS (2) 4.80-5. 10 5.00-5.30 5.00-5. 50 5.00-5.50 E. PROPOSED FEES 1 . Classification of Admissions: 1980 1981 1982 PROPOSED CATEGORY1983 by 6/15 by 5/15 by 5/14 a. Family Season Ticket $27.00 $28.00 $25.00 $32.00 after 6/15 after 5/15 after 5/14 $31 .00 $31.00 $32.00 b. Individual Season Ticket $16.00 $16.00 $16.00 $16.00 c. Guest Ticket (7 days-out of town guests) Family: 8.00 8.00 8.00 8.00 Individual : 3.00 3.00 3.00 3.00 d. Instruction - Children: 8.00 9.00 10.00 10.00 - Adults: 10.00 10.00 12.00 12.00 e. Senior Citizens (Age 60+) Free Free Free Free f. Gate Children (Under Age 19) . 75 .75 .90 1.00 (Under Age 1) - - Free Free Adults (Age 19 & Over) 1 .00 1.00 1.06j 1.25 • 2. Actual Sales: TICKETS SOLD 1979 1980 1981. 1982 a. Season Tickets 404 @ 25 =$10,100 346 @ 27 =$9,342 227 @ 28 =$6,356 344 @ 25 =$8,600 b. Season Tickets 0 @ 31 = 0 33 @ 31 = 1,023 139 @ 31 = 4,309 51 @ 32 = 1,632 c. Season Tickets 69 @ 16 = 1, 104 108 @ 16 = 1,728 100 @ 16 = 1,600 87 @ 16 = 1,392 d. Guest Tickets 2 @ . 8 = 16 6 @ 8 = 48 1 @ 8 = 8 0 @ 8 = 0 d. Guest Tickets 8 @ 3 -= 24 16 @ 3 = 48 7 @ 3 = 21 13 @ 3 = 39 f. Lessons-Child 737 @ 7 = 5, 159 689 @ 8 = 5, 512 591 @ 9 = 5,319 551 @ 10 = 5, 510 g. Lessons-Adult 3 @ 9 = 27 2 @ 10 = 20 12 @ 10 = 120 5 @ 12 = 60 h. Lessons-Adv 0 @ 14 = 0 0 @ 16 = 0 3 @ 18 = 54 0 @ 20 = 0 Life 1 @ 6 = 6 TOTAL: $16,430 $17, 721 $17,787 $17,239 Refunds -92 Refunds-140 $17,629 $17,099 3. Gate Receipts: 1979 1980 1981 1982 1983 Actual $4,025 $5,976 $5,680 $5,963 --- Budgeted $5,000 $4,500 $4,800 $4,800 $5,200 4. Concessions: A simple concession stand is operated during open swimming hours. Products involving a good markup (40% or better) are emphasized such as popcorn, post mix beverage, sno-cones, and large candy bars. 1979 1980 1981 1982 1983 Actual $2,998 $4,239 $3,893 $4,135 --- Budgeted $3,400 $3,450 $3,200 $5,000 $5,500 F. ALTERNATIVES 1. Hours of Open Swimming a. Keep same as 1981 hours: (1:00-4:20) & (6:30-8:20) June 4-August 14 (budgeted) b. Keep open from 1 :00-8:20 using only one half of pool from 4:30-6: 30 ($3,000 added expense) Not recommended by 1982 Swim St.af f . c. Keep open from 1:00-4:20 and then re-open one half of pool from 5:30-6: 15 for lap swimming and family emphasis while lessons are taking place in other one half of pool ($1,350 added expense) Not recommended by 1982 Swim Staff. 2. Fees a. Family Season Tickets 1. May 2 - 13 . . . . $25.00) Thereafter . . . . $32.00) Same as 1982 2. May 2 - August 14 . . . . $32.00) Added revenue of $1800 (increase)(budgeted) • 2. Fees (Contd) b. Individual Season Tickets 1. $16.00) Same as 1982 (budgeted) 2. $17.00) Added revenue of $100.00 (increase) c. Guest Tickets (7 consecutive days/out of town guests) 1. Family $8.00) Same as 1982, Insignificant revenue. Individual• 3.00) Do Not change (budgeted) d. Instruction 1. Children $10.00) Same as 1982 (budgeted) Adult 12.00) 2. Children $11.00) Added revenue of $650.00 (increse) Adult 13.00) e. Gate Admissions 1. Children $ 1.00) Increase. Additional $800.00 revenue (budgeted) Adult 1.25) 2. Children $ •y0) Same as 1982. ' Creates problem of odd cent pricing. Adult 1. 15) G. RECOMMENDATION In order to correlate with a realistic objective of trying to make the Swimming Pool Revenue equal or exceed expense while still providing a safe, fun experience during an optimum time period, the following recommendations are presented: 1 . Hours . . . . Open Swimming - June 4-August 14 with Open Swimming from 1:00-4:20 and 6:30-8:20 p.m. Instruction - June 13-August 5 (weekdays except July 4) Instruction from 10: 15-12:30 & 5:30-6: 15. 2. Fees a. Family Season Tickets . . . . May 2-August 14 $32.00 b. Individual Season Ticket, 16.00 c. Guest Tickets Family 8.00 Individual 3.00 d. Instruction Children 10.00 Adult 12.00 e. Gate Admissions Children 1.00 Adult 1.25 Age 60 plus Free Age 1 & under Free H. ACTION 1. Move to establish SUmmer 1983 hours for the Shakopee Municipal Swimming Pool to be from June 4 - August 14 with Open Swimming from 1:00-4:20 p.m. and 6:30-8:20 p.m. and Instruction from June 13 - August 5 (weekdays except July 4) from 10:15-12:30 and 5:30-6: 15. I H. ACTION (Contd) Move to establish Summer 1983 Fees for the Shakopee Municipal Swimming Pool to be: a. Family Season Tickets . . . . May 2 - August 14: $32.00 b. Individual Season Tickets • $16.00 c. Guest Tickets Family $ 8.00 Individual $ 3.00 d. Instruction Children $10.00 Adult $12.00 e. Gate Admissions Children $ 1 .00 Adult $ 1.25 Age 60 plus Free Age 1 & Under Free ACTIVITY -MUNICIPAL SWIMMING POOL - p-)1. A summer outdoor facility that provides an opportunity for swimming instruction and fun for children and adults in a safe and healthful environment. Snack, foods are available for purchase during open swimming periods. A winterized section of the bathhouse is heated to provide shelter for winter outdoor ice skaters. Funding for the winter activities is provided in a different budget. 01 GENERAL FUND BUDGET ACTUAL BUDGET ACTUAL BUDGET CODE 1981 1981 1982 1982 1983 4100 Salaries-Full Time Park maint. personnel .time spent working at pool $2,000 $ 146 $2,000 $4,037 $2,000 4130 Salaries-Part Time Mgr, Asst Mgr, Cashier, 7 Guard/lnstr, 6 Aides, plus others on call 19,000 21 , 324 17,200 21 ,298 18,000 414(1 I'EISA Park maintenance bene) i t s 110 8.05 110 240 110 4141 Pensions-FICA Park maintenance benefits 130 9.74 130 292 135 4150 Health & Life Ins Park maintenance benefits 90 8.00 90 225 110 4151 Workmans Comp Ins Employees Ins while on job 400 400 425 515 550 4210 General Supplies Cleaning supplies, toilet tissue, poster material, brooms, soap, training aids, bulbs 1,000 203 1 ,950 1 ,516 2,000 Chlorine & chemicals to maintain healthy water 1 , 100 1 ,580 4230 Bldg Maint & Repair Paint, light standards, shelving 300 173 500 839 2,000 4232 Equip Maint &Repair Repair P.A. ,pumps,concession machines,rescue equipment 700 491 300 180 500 4321 'Telephone Semi-public pray phone especially important if an emergency 150 120 170 152 190 4350 Printing & Registration forms for season Reproduction tickets & brochure publicity 220 171 230 301 210 4360 Insurance Ins protecting against lawsuit 1,900 171 1,050 895 2, 100 Ins for 200 gal water htr. 550 569 4370 Utilities Energy for water pumps, lights, furnace blower 1, 500 2,265 3, 190 4,261 3, 500 Heating of hot water heater used for showers, sinks, and cleaning. Winter heat. 500 1,361 Cost of water used in pool plus showers,toilets,sinks 800 . 4373 Garbage Disp/Dump 1 dumpstcr emptied 1/wk in summer 75 148 4394 Books & Pamphlets Training books for swim lessons 4411 Current Use Charge Sewer chg for sanitary sewer 1,500 1,500 1,500 1,500 1,500 4940 Merchandise for Resale Concession supplies sold 1 ,600 2,922 2,000 2,290 2,200 4981 Sales Tax Sales tax on Concessions 5% 381 4421 _ Chem i era 1 943 s �__. _^---__ ___r - TOTAL $33,625 $32, 511 $31 ,845 $38, 572$35, 105 •.,. 'J..Si ""w'a • ." ' .'." _.. ',,,,1,1111,1 LAy ,q "r_:S !S u_SYern t,,.02,3rIlligankr._L> ?1,3L51I1 gliNPI4 tiff 2F't,:: P.{ L.a1Y /1Q2 MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Cle C RE: Supporting a Minnesota River Crossing at C.R. 18/C.R. 89 DATE: March 8 , 1983 Introduction At your request , I have prepared the attached resolution supporting the construction of a permanent bridge at County Road 18/County Road 89 . This resolution is modeled after a similar resolution adopted by the Chamber of Commerce. Action Requested Offer Resolution No. 2122 , A Resolution Supporting A Permanent Minnesota River Crossing at the West Corridor. JSC/jms 1( Q' 2) Alternate 5 - Alternate 5 provides an arterial roadway from I-494 to TH 101. It ' would lie in the west corridor alignment south of CSAH 1, passing between Fisher Lake and Rice Lake, joining TH 101 in Shakopee. Alternate 6 - This alternate- provides an arterial route south from 1-494 along the present corridor to CSAH' 1 (Old Shakopee Road). CSAH 18 designation would follow the corridor of CSAH 1, turning south on Normandale Boulevard and crossing the river to TH 13 in Savage. Because of limited traffic demand, most of Old Shakopee Road would not be widened to four lanes as a result of CSAH 18 designation. (This widening, however, may occur as part of other city or county efforts not related to this project.) Alternate 7 - Alternate 7 provides a freeway section from 1-494 to the intersection of TH 13/TH 101 in Savage. It lies in the TH 13 corridor, south of CSAH 1, on the strip of land between Rice Lake and the Minnesota River. This alternative follows 1'' the same alignment as Alternative 3 (TH 13 Arterial) but provides for a freeway facility rather than an arterial. 1, Alternate 9 - Alternate 9 provides a freeway facility from 1-494, south on CSAH J 18, to its intersection with TH 101. It lies in the west corridor alignment south of CSAH 1 between Fisher and Rice lakes. This alternative follows the same alignment as Alternative 5, but it provides for a freeway rather than an arterial facility. , ' Alternative 14 - Alternate 14 is a two-crossing alternative. An arterial roadway is provided along the present CSAH 18 alignment from 1-494 to CSAH 1. From here, both the Western corridor and the Normandale corridor are used to cross the river valley with arterial roads. Because there are two bridges, there are connections both with TH 101 in Shakopee and TH 13 in Savage. All of the build alternatives would provide four lanes of roadway, two in each direction. During the course of the project study, both the central and western alignments were shifted to the west approximately 200 feet. This resulted from aggregate findings of the draft technical reports which were circulated for review in `. September 1981. These shifted alignments provide clearance from a group of Indian burial mounds, lessen impacts on an adjacent neighborhood, and provide some relief in other areas. The modification was recommended by the CSAH 18 Technical Advisory Committee at their November 1981 meeting. This environ- mental impact statement has incorporated the modified alignments. The rnodifica- tion affected Alternatives 3 and 7 on the central corridor and Alternatives 5, 9, yk ' and 14 (the dual crossing) on the western corridor. The selection of the seven alternatives to be studied in the Environmental Impact Statement eliminated one of the original five corridors which did not meet the criteria established in Table 1. The one eliminated is the TH 13 East Corridor, t, Therefore, the Trunk Highway 13 West Corridor was redesignated the Central Corridor. The remaining corridors and the corresponding alternatives are: 1. Existing Corridor - Alternative 1 2. West Corridor - Alternatives 5, 9 and 14 3. Central Corridor - Alternatives 3 and 7 - ,. 4. Normandale Corridor - Alternatives 6 and 14 i 35 .£ C) / MI CD ,=r r o-- r0 • Iwo. rr�� ittiii 113.1 o CD : e i rO ,....1.6 H y 1. Q• � N n s( CD -•.� �� Waxy n 10, 3 1-; III 3 _ ._ __ —e----- 1M _1 I o H 1 .. -, ..., Mi11111c:I? p 0 ; #¢ n "C) 0 (CI ~ x x ~ z x w 7pC ry?1 > <D � .rt zCD CD CT N C o w CC DI 0 fol t QJ a �' N Ort 'r d K V (v CuCuii CD a a CD m co " t. m at I 1 Co z aC h -n n" (� y re x x > t. coF 00 co , iooeOPIIIIIllrau°::..w' S 4. �.► 3 C. 0 r F.. 7 ti� Z A w O ° 0 Pi y a9 R a y �° Z a p A "• m PI •s O.\ ad 0 ...,, / x ru.r h r o fi �� Ln. ::. +a. r. N h t 4r) coy ^ " x x x m ,. OD et .J 1 V 'r H A_ H • i') '� ,......• W a E .1 l.! Ng n 6- CD '� a a n ti +, ti " m a3 m 0 „n . T' ..... :4 . r......,. �'i."-1"_-__.,T,.r:. ,� 1,,..,.. � 3 -'.. �._r.,t9S, ., tz:t ,F1�._. "W,.Gt,Y_ 4 _ ,._3,vlis 3i F 5.F.Ys;:'aa. .1,.—G_ttzk..a..0 T.:.-.,Ar_x zx.a. >f1:aCIA;3cntnsItm,rsusaaaray..� 1l � SHAKOPEE AREA eiftWait' oz.iikmeiw P.O. BOX NO. 203❑ SHAKOPEE, MINNESOTA 55379 ri (612) 445-1660 2-15-83 Mr. H . 0. Klossner Hennepin County Department of Transportation 320 Washington Ave . So . Hopkins , MN 55343 Dear Mr. Klossner : I respectfully request that the Shakopee Area Chamber of Commerce be placed on the agenda for the Minnesota River Crossing Hearing to be held at the South Hennepin AVTI on March 22 , 1983 . We will present a resolution adopted by that organiza- tion. Thank you. S' cerely, /./W44A,-/ Vi ;i1 S . Mears , Pr sident Shakopee Area Chamber of Commerce M/d * r SHAKOPEE AREA AREA 2C (-2)(Ym ..veilre CITY OF P.O. BOX NO. 203 1 SHAKOPEE, MINNESOTA 55379 (612) 445-1660 MINNESOTA RIVER CROSSING RESOLUTION WHEREAS : there is an urgent need for a permanent bridge corssing the Minnesota River , and WHEREAS : the west corridor provides a crossing about equi-distance hetween the 35W bridge and the Highway 169 bridge as well as a direct link-up to the proposed Shakopee By-pass , and WHEREAS : the future demand on an access road between a Minnesota River crossing and Interstate 494 will continue to escalate , BE IT THEREFORE RESOLVED: that the Shakopee Area Chamber of Commerce support construction of a permanent bridge crossing over the Minnesota River at the "West Corridor" and that the access road between that bridge and Interstate 494 be of freeway design. Resolved this 16th day of February, nineteen hundred and eighty three . Signed : President , Shakopee Area Chamber of Commerce RESOLUTION NO. 2122 L iaL- A RESOLUTION SUPPORTING A PERMANENT MINNESOTA RIVER CROSSING AT THE WEST CORRIDOR WHEREAS , there is an urgent need for a permanent bridge cross- ing the Minnesota River , and WHEREAS , the present and future demand on the existing Minne- sota River crossing between southwest Minnesota and Interstate 494 is continuing to escalate ; and WHEREAS , the west corridor provides a crossing about equi- distance between the 35W bridge and the Highway 169 bridge as well as a direct link-up to the proposed Shakopee By-Pass . NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA supports the construction of a permanent bridge crossing over the Minnesota River at the "West Corridor" and prefers the following alternatives from the Draft Environmental Impact Statement for CSAH-18 in the following order : 1 . Alternative No. 9 - westerly corridor facility of freeway design. 2 . Alternative No . 5 - westerly corridor facility of arterial design. 3 3 . Alternative No. 14 - two arterial facilities , one within ,w09.) the westerly corridor and one within the Normandale corridor. Adopted in session of the City Council of the City of Shakopee, Minnesota , held this day of 1983 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1983. City Attorney //L; MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk llll RE: An Ordinance Prohibiting Construction on An Easement DATE: March 11 , 1983 Introduction The attached ordinance dealing with construction on an easement is now in order for Council consideration. Background The ordinance has been reviewed by the Utilities Manager, and is broadened to include the concerns the utilities have about trees . Item I .A. 3 is in fact a curb cut and requires a permit . This was addressed at the recent staff meeting with builders and con- tractors . The ordinance does prohibit the erection of fences , trees , shrubs , rocks or berms upon an easement when it will interfere with the ingress or egress by the City or S .P.U .C. for utility maintenance . Action Requested Offer Ordinance No. 115 , An Ordinance of the City of Shakopee , Minnesota Amending Chapter 4 Section 4.03 of the City Code by Adopting Certain Prohibitions and Limitations and Adopting by Reference City Code Chapter 1 and Section 4. 99 , and move its adoption. JSC/jms ORDINANCE NO. 115 AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA • AMENDING CHAPTER 4 SECTION 4.03 OF THE CITY CODE BY ADOPTING CERTAIN PROHIBITIONS AND LIMITATIONS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 4.99 THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS : SECTION I : Shakopee City Code , Chapter 4 Sec . 4.03 entitled "BUILDING PERMITS" , is hereby amended by adding the following: A. Prohibitions and limitations 1 . No building permit shall be issued for the construc- tion, 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. Exception: Building permits may be issued for buildings con- structed prior to enactment of this ordinance for repairs or alterations ; however if a building is damaged by more than 50% of its fair market value, no building permit for repairs or alterations shall be issued. 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 there- fore 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 ease- ment 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 respon- sible for replacement of any building, structure or fixture installed without having obtained the proper permit or replacement of any landscaping except turf. Exception: Work performed prior to enactment of this Ordinance may not have been required to have had a permit. In this case replacements will be made. 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. Ordinance No. 96 Page Two if,p 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 //C FROM: Judith S . Cox, City Clerk_-" RE: A Resolution Supporting the Continued Location of the Minnesota Correctional Facility in Shakopee DATE: March 111 1983 Introduction Per your direction, I have prepared the attached resolution which supports the erection of a new correctional facility in Shakopee. Action Requested Offer Resolution No. 2124, A Resolution Supporting the Continued Location of the Minnesota Correctional Facility in Shakopee, and move its adoption. JSC/jms /1 T RESOLUTION NO. 2124 A RESOLUTION SUPPORTING THE CONTINUED LOCATION OF THE MINNESOTA CORRECTIONAL FACILITY IN SHAKOPEE WHEREAS , since 1923 , when the present facility was constructed in Shakopee , the Shakopee community and the Minnesota Correctional Facility at Shakopee have co-existed as good neighbors with a mini- mum of problems ; and WHEREAS , the facility currently provides 51 permanent jobs which are available to Shakopee and Scott County residents ; and WHEREAS , new construction jobs would be created if a new facility were to be erected in Shakopee; and WHEREAS , Scott County currently has the highest unemployment rate in the metro area ; and WHEREAS , the physical location of the facility near Hennepin and Ramsey Counties is important to the continuation of valuable family visitation opportunities for the women at the facility. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA strongly supports the erection of a new Minnesota Correctional Facility for Women and that the facility be located in Shakopee . Adopted in session of the City Council of the City of Shakopee , Minnesota, held this day of , 1983 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1983 . City Attorney / IJ MEMO TO: John K. Anderson City Administrator FROM: Don Steger City Planner RE: Star Cities Program - Resolutions DATE: March 2, 1983 Background Two resolutions are attached for consideration by the City Council . Resolution No. 2121 , designates the Industrial Commercial Commission as the lead organization regarding the Star Cities Program. The other resolution was approved by the Shakopee Development Corporation and supports the Star Cities Program and offers its cooperation to the ICC. Action Requested Move to approve Resolution No. 2121 which designates the Industrial Commercial Commission as the lead organization regarding the Star Cities Program. Move to accept the resolution from the Shakopee Development Corporation. DS/jvm Attachments b"" RESOLUTION # WHEREAS, The Shakopee Development Corporation is an organization within the City of Shakopee to assist in the further economic and social betterment of the City; and WHEREAS, The said Shakopee Development Corporation is familiar with the Star City Program as developed by the Minnesota Department of Economic Development and is supportive of the program. THEREFORE, BE IT RESOLVED BY THE SHAKOPEE DEVELOPMENT CORPORATION That it will heartedly support the Star City Program and offer its full support and coopera- tion to the Shakopee Industrial Commercial Commission, the lead organization for the economic development of the City of Shakopee and immediate areas surrounding the City. Passed in ih/r(g4 / meeting of the Shakopee Development Corporation held this 8 day ofd_ , 1983. SHAKOPEE E DEVELOPM.NT; PORATION r By President By Secretary 311,LI ?..L.1.__»i_.`.ILL :IIIITIMIIIM ITEL.Z4.m,:,....,11:LtrAt..M. €tom. ,,._e3_,.r y., rart;tot.oragnt et /.t taey4-am f I RESOLUTION NO. 2121 A RESOLUTION DESIGNATING THE SHAKOPEE INDUSTRIAL COMMERCIAL COMMISSION AS THE LEAD ORGANIZATION IN PROMOTING THE STAR CITY PROGRAM WHEREAS , The Minnesota Department of Economic Development has advanced a program designed to promote the location and development of business and commerce within the State of Minnesota and to improve the general economic development of the area and the program has been designed as the Star City Program; and WHEREAS , the City of Shakopee is very supportive of the Star City Program and this resolution is an endorsement of the program; and WHEREAS , the City of Shakopee has already established a group for the purpose of helping and assisting in the economic development of the City of Shakopee known as the Shakopee Industrial Commercial Commission. THEREFORE, BE IT RESOLVED BY THE SHAKOPEE CITY COUNCIL that the City of Shakopee hereby designates the Shakopee Industrial Commercial Commission as the lead organization in promoting and implementing the Star City Program in the City of Shakopee and adjacent areas. Adopted in session of the Shakopee City Council held thisday of 1983 . Mayor of the City of Shakopee -� ATTEST : City Clerk Prepared and approved as to form this 25th day of February, 1983. City Attorney MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE: Apportioning Assessments as the Result of the Subdivision of Land DATE: March 11 , 1983 Introduction The City has now acquired 9 . 85+ acres of parkland located South of the J. E.J. subdivisions . There are assessments against the original parcel which have now been subdivided. As a result of the subdivi- sion, the existing special assessments for the VIP improvement should be apportioned against the two new resulting parcels . Action Requested Offer Resolution No. 2125 , A Resolution Apportioning Assessments Among New Parcels Created as a Result of the Subdivision of Land Parcel No. 27-908027-0 Lying Within Sections 7 and 8-115-22 , and move its adoption. JSC/jms RESOLUTION NO. 2125 A RESOLUTION APPORTIONING ASSESSMENTS AMONG NEW PARCELS CREATED AS A RESULT OF THE SUBDIVISION OF LAND PARCEL NO. 27-908027-0 LYING WITHIN SECTIONS 7 and 8-115-22 WHEREAS, on August 25, 1981, Resolution No. 1891 adopted by the City Council levied assessments against properties benefitted by the construction of the 1981-1 VIP Sanitary Sewer Interceptor, and WHEREAS, a tract of land benefitted by the said improvements, known as parcel No. 27-908027-0, has been subdivided due to the acquisition of 9.85+ acres of parkland by the City of Shakopee, and WHEREAS, it is the desire of the City Council to apportion the installments remaining unpaid against said original tract among the current parcels within the tract, and WHEREAS, the property owners involved have been notified of this proposed action. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE: 1. That the balance of assessments which have not been certified to Scott County as of January 18, 1983 on parcel 27-908027-0 is $41,028.18 for 81-1 VIP Sanitary Sewer Interceptor and is hereby split as follows: Assessment Assessment Code Parcel No. Name/Address Legal Description Balance 55 (81-1) 27-908027-0 Raymond L. and A 15.7+ acre parcel $24,674.35 Jane M. Lemmons lying within sections 19i1 Eberty Court 7 and 8-115-22 St. Paul, MN 55119 55 (81-1) 27-908027-1 City of Shakopee A 9.85+ acre parcel $16,353.83 lying within sections 7 and 8-115-22 2. That all other parts of Resolution No. 1891 shall continue in effect. Adopted in session of the City council of Shakopee, Minnesota held this day of ' , 1983. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this MEMORANDA /;42 TO : John K. Anderson City Administrator FROM : H. R. Spurrier City Engineer SUBJECT: 16th Avenue/90th Street Roadway Improvements Project No. 1982-6 DATE : March 11 , 1983 Introduction Attached are the specifications for 16th Avenue/90th Street Roadway Improve- ments , Project 1982-6 for approval and authorization to advertise for bids. Background Pursuant to the request of City Council at the public hearing for the above- referenced project, I attach a copy of the specifications for the above-referenced roadway improvements for approval and authorization to advertise for bids. Action Requested Adopt Resolution No. 2123, A Resolution Approving Plans and Specifications and Authorizing the Advertising for Bids for the 16th Avenue/90th Street Roadway Improvement, Project No. 1982-6. HRS/j vm Attachment ( L- L _ RESOLUTION NO. 2123 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids 16th Avenue/90th Street Roadway Improvements Project No. 1982-6 WHEREAS, pursuant to Resolution No. 2090, adopted by the City Council of City of Shakopee, Minnesota, on December 7 , 1982, Henry R. Spurrier, City Engineer, has prepared plans and specifications for the improvement of 16th Avenue and 90th Street by roadway and has presented such plans and specifications to Council for approval . 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. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertise- ment for bids shall be published for three weeks, shall specify the work to be done, shall state that bids will be received by the City Clerk until 10:30 A.M. , on April 15, 1983, at which time they will be publicly opened in the Council Chambers of the City Hall by the City Clerk and City Engineer, or their designated party, will then be tabulated and will be considered by the Council at 8:00 P.M. , or thereafter on April 19, 1983 in the Council Chambers and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the order of the City of Shakopee for not less than five (5) percent of the amount of the bid. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of , 1983. la to MEMO TO : John_ K. Anderson/City Administrator FROM: Joseph P. Ries/Fire Chief RE : 5 inch Large Diameter Hose DATE : March 14, 1983 Introduction : The Fire Dept . to keep up with the growing needs , and to offer the best possible protection to the City and its people , has a need to move large volumes of water at fires . With the distance between buildings and hydrants the means to move large volumes of water efficiently is with 5 inch polyurethane lined large diameter hose . Background : To move large volumes of water a long distance the fire dept . now has to lay multiple 22 inch lines . One 22 inch hose line is capable of delivering 250-300 gallons per minute , where one 5 inch large diameter hose is capable 1700 plus gallons per minute - this would eliminate multiple lines . The 22 inch hose must be hung to dry after every use , where the 5 inch polyurethane lined hose can be packed right back on the truck right after use saving manhours . The 5 inch hose can be used numerous ways . It can be used to pump from truck to feed numerous lines or to feed another truck by relay pumping or lay from hydrant to fire to keep the pumper on fire scene . Alternatives : 1 . Buy 4 - 100 foot lengths of 5 inch polyurethane lined large diameter hose for $690. 00 per length. 2 . Continue to buy 22" hose as present . Recommendation: Alternative No. 1 - Buy 4 - 100 foot lengths of 5 inch poly- urethane lined hose . (The Fire Department has $2 ,000 budgeted for hose , and this just represents a shift in policy on hose size . ) Recommended Action: Authorize the purchase of 4 - 100 foot lengths of 5 inch polyurethane lined large diameter hose for $690 .00 per length for the Fire Depart- ment . JPR: cau