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HomeMy WebLinkAbout07/05/1983 MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Non-Agenda Informational Items DATE: June 30, 1983 1 . The first item on your agenda is a letter of resignation from Bud Berens . Bud did not state his reasons for resigning from the Committee in his formal letter of resignation, so Don Steger called him to find out why he resigned. Bud is resigning because of the assessed valuation increases , and because he does not feel a downtown project should even continue. Bud also said that they had plans for an addition late this summer that have been scrapped because of the tax increase and that he no longer has any interest in the downtown project . 2 . I talked to LeRoy today regarding the dome house in Timber Trails . LeRoy said that he is currently working with People ' s Savings and Loan on the clean-up project and has been asked to wait for three weeks until some legal hurdles are cleared and he can actually charge the appropriate property owner. He will follow-up. 3 . By law the City of Shakopee can issue seven on sale liquor licenses , unless the voters approve more. A few years ago Shakopee residents voted to permit the issuance of two addi- tional on sale liquor licenses . We have issued seven and have received an inquiry from a potential purchaser of the hotel on 2nd Avenue on the possibility of obtaining a license . The City Code requires an initial investment of $200 ,000 in order to be eligible for a new license. The potential purchaser expects the initial cost of the building plus remodeling costs to well exceed $200,000. We may well receive an application for a new on sale liquor license in the future ! 4. Attached is the monthly calendar for the month of July. Please note the worksession on July 12th. 5 . Attached is the Zylstra-United subscriber count report . 6 . Attached is Tom Brownell ' s response to Council ' s inquiry regarding the civil defense warning sirens . If you have questions regarding Tom' s response please contact him. 7 . Attached is a progress report to the Downtown Committee from Don Steger. 8. Attached is a copy of a Citizens League newsletter with a article discussing "new wrinkles added to property tax relief system" . 9 . Attached are the minutes of the June 20, 1983 Planning Commission meeting. 10. Attached are the minutes of the June 9 , 1983 Board of Adjustments and Appeals meeting. Non-Agenda Informational Item Page Two June 30 , 1983 11 . Attached are the proceedings of the June 9 , 1983 Planning Commission meeting . 12 . Attached are the minutes of the June 16 , 1983 Energy and Transportation Committee meeting. 13 . Attached are the minutes of the June 20 , 1983 Cable Communica- tions Advisory Commission meeting. 14 . Attached are the agendas for the July 7 , 1983 Board of Adjustment and Appeals and Planning Commission meetings . 15 . Attached is the agenda for the July 11 , 1983 Cable Communica- tions Advisory Commission meeting. 16 . Attached is a compilation of the individual Councilmember evaluations of my performance during the last year. I know its been some time since you completed it but all of our meetings have had full agendas until now. I ' ll have your originals at the meeting. 17 . Attached is a letter from Senator Boschwitz explaining why he voted against Senate File 66 deregulating cable communica- tions . Senator Durenberger voted in favor of this bill . 18 . We have received a copy of Resolution No. 83046 from Scott County which states that Dr. John Plunkett , M.D. has been appointed as Scott County Coroner for a four year term ending December 31 , 1986 . 19 . A hazardous condition exists on East 4th Avenue at the Certain- Teed Corp, whereby semi trucks are parking on East 4th Avenue waiting to enter for loading. Tom has spoken with Mr. Gamlin of Certainteed who is equally concerned and would like Council to be informed that Certainteed will be seeking a solution in the near future . • , I..eZ Ul 53 U K WN F-_, F-' 1-` v O U) v y 0 co 'YJ O.., n v 9 n C) DC C) �..� aff' on o9 LO< Cr Ott H Or• N O (D o9 Or r✓ CI) t-' h< C7 N m cn (D tr] _ '0 0 b U0 '0 0 ti r3 • n • M • • 1 0 0 '1--7 B (D 0 `C :z' • • rt • rt K • C N 1' LP CO 1--' S. _ - ---_ -I C) C) ---.1 c) ,-d c`" n v O N OG rt oo'< 01-1 � G OG rt 1.3 OGs•C O • G OG <C C4 0 » rd cn 0 0 tri "G r• 'D, lra r--‘ (D H. 'C) 1-'• U) •9 ~ 9GGu ~ 9• ~ t ' IP' • H• H• K J Po 0 N r-- G r-' C\ k..0 N Ui C hi i'd •• rt G •• 0 CO r CJ• O 1- or' 1--' Or-'• Exl r• H. 0 d C 'U r r 0 'CJ (D �C r. • • (D • Cl) N QD CO N N F-` K W - 0 CO 0' 1 v H Crl v n '-d I •• rt GO i--'wG (D o9 G Fa OG n WGQ r• G '10 '-G 'lJ tc- �. • in G D 1• OS 20 N•OQ EJ) • rt • G U rtPo K N F" NJ 1'_' OD O r-, G hj H a N N r-' . s 0- u1 ►--3 0 W N Q W N MONT} .1. ,:I,L) SYSTEM l iP1( U Q SUBSCRIBER COUNT DAILY / WEEKLY REPORT 5 TOTAL ? a)( / � u C. u („)' ,,;-.16 ,r'c).(( WEEKLY GRAND TO DATE MON TUES WED THURS FRI TOTAL TOTAL UNIVERSAL - Ch. 2-13 , * )-- TIER I - Ch. 2-43 1 Econovision !tI I `i ' 3 Econo/ 1 or more prem. — t 3 2. 2 10 CifP TIER II - Ch. 2-58 Basica Basic / 1 or more prem. 14 t .. PACKAGES (CHASKA ONLY) MINIVISION - 2 prem. MAXIVISION - 3 prem. p TOTALVISION - 7 prem. , PREMIUM HBO r,. 5 I . 1E TMC I ...a 7-1C( MAX -` SHO Cf DISNEY 1 BRA _ LI HTN { • I a_ 1 r:,,- SPECTRUM 1 ( , . ADDS (DAILY INSTALLS) �� IC) SLI . -39- CONNECTS ;;;. 0. ..i (1 3 3 Cl DISCONNECTS (DAILY) ( I ) TOTAL ! + 2nd TV SETS :` _ "Y. e ce,vvoL 1 9'' ' g-7, ilea MEMO TO: Mayor & Council Members FROM: Tom Brownell , Chief of Police RE : Warning Sirens DATE: June 27 , 1983 Introduction: On June 21 , 1983 , Council directed that an inquiry be conducted into the inadvertent activation of a warning siren. Background: When the radio controlled warning sirens were installed we experienced a period whereby the sirens would self-activate . Corrective measures were taken and the problem was significantly improved. The siren in question is located at Co. Rd. 16 and Hauer Trail and is the first siren to self-activate in two years . I believe the problem occurred due to a combination of events which were a storm which created dense atmosphere and a radio signal in the area of the siren. The follow- ing steps are being taken to eliminate the problem: 1 . The radio unit will be changed when our space unit is returned from the factory, this was done two years ago. 2 . The antenna on the radio receiver will be reduced in length if No. 1 fails . 3 . The siren can be relocated in the event No. 2 does not solve the problem. These steps may require a lengthy period of time as the failure is dependent upon atmospheric conditions and the transmission of the offending radio signal . TB: cau 7 MEMO TO: Downtown Committee FROM: Don Steger City Planner RE: Progress Report DATE: June 29, 1983 Because we haven't had a Downtown Committee meeting for a couple of months, I would like to bring you up-to-date on Dick Krier's (Westwood Planning & Engineering Company) progress. With the controversy created by the increase in assessed valuations of properties in the downtown, it was felt appropriate to delay the start of Dick' s work. Because we delayed him for a few weeks, only recently did the work begin. Dick and his staff have begun doing their data gathering and background research necessary to the project. Last week Dick began conducting a series of interviews with business owners in the downtown, which have gone very smoothly. He plans to continue these interviews next week, as well as meet with the major facilities in the area; i .e. , Renaissance Festival , Valleyfair, Little Six Bingo Parlor, etc. The City staff has been assisting Dick to obtain needed information for the project: conducting traffic counts, intersection turning movements, land use studies, etc. The staff will continue these activities for a few more weeks. Dan Steil and City staff have met with Dick each time he has been in town. We have been providing him with background information and answering his questions. All in all , the program has been proceeding smoothly. I 'm attaching a flow chart, which Dick provided, for your information. This schedule gives an approximation of the project' s activities. DS/jvm Attachment 0 z 7 ® I - 0) N �-- * CC cc Z ® a) N ® c>4 \ IA n k ® co co i co \- ill ,n 2 ,, 1 , --',. , \ 4\ AIDL ‘il i N a- 61 -- 4\-17 ' -v3- -Q g - - \ )5 .-1-- n k' X ko --1 Ti 4 t s, 0 -2- 3 ? _'--_- ' \'.- 2-) ;4 — 4 ')c\--I 45 I _ 2 - = - .-a--. ',4j- ' - ' Q ,t• \----__ z -. _ g < _,\D- \,-----,- '-'. .3 y 4\ - ,,, ,,, 1,) .,k \I- t v -N, P72 :R ‘4 .io. :\ n _ __, 4 lit � qq `� ' Z � � t� � 5. I, .!1 y \ _ 7 1 CL News y VOLUME XXXII, NO. 12 PUBLISHED BY THE CITIZENS LEAGUE (UPS 114-180) JUNE 7, 1983 PLegislative Action Matches League Concerns The 1983 Minnesota Legislature took disqualify providers who overcharge or Major changes were enacted in the significant action in many areas the full fail to follow rules,which should reduce state-local fiscal system, with the major impact of which will be difficult to the total medical costs incurred by the property tax relief measures,levy limits, understand fat some time. In this issue, system. In addition, dozens of minor and state aid to cities and towns all three different stories summarize many of recommendations contained in the CL being changed. the changes in the areas of interest to the report were adopted in the new law. A chart on pages two and three of this League,indicating legislative action which issue gives details about the changes in confonned with existing CL recommen- Taxes the property tax relief system. Major dations. changes in the Local Government Aid law The CL Community Information include: Workers'Compensation Committee prepared a statement during • Elimination of grandfather clauses the legislative session outlining League which required that cities receive The two-tiered benefit system positions on tax and finance matters.The roughly the same amount of aid as proposed by the CL in its 1982 report League took the position that indexing they had in the past. Instead cities was adopted under the new law. Right and federal deductibility should be main- receiving reduced aid may levy to re- now,an injured worker,when he or she tanned and the temporary 10 percent coup lost dollars, and aid reductions can return to work, will receive a set income tax surcharge and one cent sales will be phased in. benefit based on the extent of the injury. tax should stay temporary and not be • Adoption of a formula which covers The new system provides varied levels of made a permanent part of the tax struc- all cities. In the past, cities under benefits which contain incentives for ture. In addition, the League said the 2,500 population had received aid on employers to rehire workers and for Legislature should follow the general a different formula. workers to go back to work. budget outlines set out by Gov. Rudy • Use of population or household If an employer does not offer to rehire Perpich. growth to determine aid. an injured worker,the worker is entitled The $9.9 billion budget adopted by • A six percent limit in the increase any to larger benefits, driving up the cost to the Legislature is in the aggregate very city may receive. the employer for workers'compensation close to the initial proposal of Gov.Rudy The Legislature appropriated $246 insurance. Perpich. Federal deductibility was re- million for Local Government Aid, up If a job offer is made, the benefit to tained, as was indexing, although index- from $230 million in the previous the worker is reduced. If the worker ing of income tax brackets will be biennium. accepts the job, the worker receives the suspended if revenue collection fall below Changes were made in levy limits, benefit in a lump sum.If the worker re- projections and the state surplus is (LEGISLATURE continued on Page 2) fuses the job, the benefit is paid in depleted,resulting in a deficit. weekly benefits until it runs out the Different Paths Charted worker gets another job. The lumpp sum feature and the increased income which a 1 worker would have if he or she goes back For K�12, Higher Education to work are seen as incentives for workers to return to work. The League report said that incentives Different policy paths for primary- nesota history,according to Clyde Ingle, such as the ones created in the new secondary and post-secondary education executive director of the Higher Educa- system to get workers back on the were chosen by the 1983 Legislature, tion Coordinating Board. job are bound to drive down workers' which took significant action to change State support of institutions of higher compensation costs because there will be the direction of the single most costly learning in future years will vary depend- fewer people getting benefits. function of state-local government. ing on the number of students using the The Commissioner of Labor and In post-secondary education, the institutions, meaning the users will Industry has been given the authority Legislature chose to pursue a market- determine where the subsidy flows. In under the new law to set disability oriented, user-driven set of policies, in the past, the state has appropriated schedules and rulemaking authority on contrast to the primary-secondary sector, money based on program requests by definitions of disability. The law also where reliance on a regulatory approach higher education systems with much less appropriates money to recodify the law was maintained. emphasis on aggregate student choice, and clear up ambiguous language. Cont- A comprehensive tuition policy was missioner of Labor and Industry Steve Major Shifts in Higher Ed adopted which will establish rough Keefe,who chaired the CL study, said he Financing,Decision-making uniformity in what portion of instruc- I expects expensive litigation to he reduced tional cost is borne by the student. In I significantly as a result. Actions taken bs the 1083 I etdsla- 1985. 32 percent of instructional costs The commissioner will have the t on poso secondary education mat- EDUCATE continued on 4 authority to monitor medical costs en:; .-i> �tta4 ?Yp�tSiTn, 1yr.IterlalCid 11, Mm- -_��---_—... rage PAGE 2 (LEGISLATURE continued from Page 1) ways recommended the state highway property taxes for transit to the level of including: system be reduced with roads which do transit which the community receives, • Exclusion of cities under 5,000 not serve state needs returned to local with the MTC retaining authority on how population from levy limits, meaning jurisdictions along with necessary fmanc- to do so.A new law prohibits the MTC 110 of the state's 855 cities will still ing for them. The report said efforts from raising the base fare of$.60 during have limits. should be directed to maintaining the the next biennium. • Use of the U.S.Department of Com- existing system,not to expanding it. A legislative study commission will merce's Implicit Price Deflator to de- The Metropolitan Transit Commission report to the Legislature in February of termine increases in the levy limit, will receive a direct state subsidy of 1984 on a wide range of transit issues,in- dropping the 8 percent annual limits- $22 million in the next biennium, up eluding the role of the MTC in organizing tion from the law.In years 19'79-1982, from $18.2 million in the current area transit,fares,contracting,efficiency, the implicit price deflator rose 8.8 per- biennium and will retain the authority to internal structure, transit planning, and cent, 10.3 percent, 8.7 percent, and levy two mills on property within the the opt-out provision. 4.5 percent,respectively.In any event, metropolitan transit taxing district, The opt-out provision, under which the minimum levy limit increase is roughly the area served by MTC buses. five percent a year. The MTC was directed to relate (LEGISLATURE continued on Page 3) • Elimination of the 18 percent levy limit for counties for General Assis- tance incomesupport. l// New Wrinkles Added To • Adoption off a new formula for cal- culating the base which allows cities VC which had levied less than they might Property Tax Relief System have in the past to increase their base. Changes in the process of arriving at The basic elements of the Minnesota property tax and property tax relief the state budget,an area of longstanding concern to the CL, were addressed system were retained by the Legislature,but changes in formulas and other partially through the establishment of the factors in the system will affect property owners. The major changes are summarized below.The four main elements described—assessment practices, State Planning Agency as a separate body specifically charged in law with the homestead credit, circuit breakers,and additional targeted relief—act together and constitute one system.They cannot be considered separately. responsibility of preparing annual reports to the Governor and Legislature on the Assessment Practices status of the state's economy and on fore- casts of economic prospects for the The first $30,000 of homestead value will be taxed at 17 percent,the next state. The planning agency also has the $30,000 at 19 percent, and the balance at 30 percent,beginning in tax year responsibility for initiating studies of 1984.The old figures were 16 percent of the first $27,000,22 percent of the major policy issues with long-term impli- next $27,000, and 28 percent of the balance.Brackets for homesteads will be cations. expanded each tax year at a rate determined by the increase in estimated market values as reported by assessors. The first $50,000 of commercial/ Transportation/Transit industrial value will be taxed at 24 percent,instead of 40 percent,as in the past. A gas tax increase of three cents on The effect of the changes in homestead classification can be seen in the the gallon will be used for road and high- table below: way spending,and another penny will be added to the gas tax in January.A legis- Estimated Market Taxable Value Taxable Value lative highway study commission will Value Old Law New Law look at functional classifications of roads in Minnesota and which level of govern- $ 30,000 $ 4,980 $ 5,100 ment should have responsibility for dif- 50,000 9,380 8,900 ferent types of roads. The commission, 75,000 16,140 15,000 which will report to the Legislature by 150,000 37,140 37,800 January 15, 1985, will also suggest any changes in state financing of highways The taxable value times the mill rate equals the gross property tax.Various which would be needed if road jurisdic- credits and aids are then applied to the gross tax to determine the property tions are changed. owner's net tax bill. The recent CL report on state high- Homestead Credit CL NEWS (114-180) is published bi- The new homestead credit will pay 54 percent of the gross tax up to a weekly for$25 per year by the Citizens maximum credit of $650, but will apply only to the first $67,000 of League, 84 S. 6th St., Minneapolis, MN estimated market value.The old homestead credit paid 58 percent of a home- 55402. Second Class postage paid at owner's tax,also with the $650 credit maximum, regardless of the estimated Minneapolis. MN. POSTMASTER: Send market value. The effect of the change is to target the credit to areas with address change to same address. (TAX continued on Page 3) PAGE 3 (LEGISLATURE continued from Page 2) Several changes in laws pertaining to be acted upon by the Legislature next municipalities have the option of using a ridesharing were made, including the year. portion of the locally-raised transit elimination of the provision requiring property tax to provide transit services of that rideshare program development and Health Care their own design,was amended so that if operations be turned over to private a locality decides to use the provision,the operators and local authorities by Minnesota adopted a regulatory portion of the property tax which is not June 30, 1983. approach to controlling nursing home used locally for transit reverts to the A new registration category and costs, including a moratorium on new MTC.Under the old system,the money license plate have been created for ride- nursing home beds.Nursing homes will be could have been used for property tax sharing vehicles, and state and local grouped according to the level of care relief.So far,only the city of Plymouth vehicles are authorized for use in ride- they provide and geographic location. has used the opt-out provision. sharing plans. Homes will be reimbursed at the rate of The League supported the retention A proposal which would have estab- the 60th percentile of operating costs for of the opt-out provision as a means of lished metropolitan licensing for taxis homes in their group, with the reim- creating more flexibility in the delivery passed its senate committee of origin but bursement change phased in over a of transit services. did not pass either house. The bill can two-year period. A legislative study commission on long-term health care has been estab- (TAX continued from Page 2) lished to look at alternatives such as health maintenance organizations high taxes, as shown in the table below,which calculates the homestead (HMOs),preferred-provider organizations credit on a $75,000 home. The newly adopted classification system is re- (PPOs), insurance annuities, and other flected in the example shown. systems.The commission is to report in January, 1985. Homestead Credit Homestead Credit Two long-term care demonstration Mill Rate Old Law New Law projects were authorized by the Legisla- ture.In the first,the state Department of 100 mills $650 $650 Welfare will begin a program in three 90 mills 650 627 counties in which Medicaid recipients will 80 mills 650 557 receive benefits on a prepaid basis, and not on a fee-for-service system as is now Circuit Breaker the case. In the second program, the Depart- The state will pay the same amount as the taxpayer,up to a threshold ment of Welfare is authorized to refer based on income. Above that amount, the state commits to pay an addi- medical assistance recipients into the tional portion of the tax owed,on a sliding scale based on income,up to a social HMO plan currently being devel- maximum of $1,125. The homestead credit is included in the maximum oped by the Ebenezer Society and benefit of $1,125. In the past, the maximum combined circuit breaker- Group Health Plan.The social HMO plan homestead credit benefit was $1,000. The so-called "free zone" has been is designed to provide long-term care to eliminated. Under the old law,property owners in certain income brackets the elderly on a prepaid basis, in much could have their gross tax increased with the entire increase paid for the same way that an HMO provides through the circuit breaker, creating the impression of no tax increase, medical care to other population groups. sometimes called the free zone. This is no longer possible. Circuit breaker These and other health care issues and schedules for renters and homeowners are now the same, so benefits to programs were discussed at a recent CL both groups are now the same, which was not the case in the past. Also, seminar on long-term health care costs, renters will receive circuit breaker refunds on actual property taxes paid, summarized in an article which will not on property taxes assumed to be paid as in the past. appear in the next issue of the CL NEWS. Property Tax Relief Targeting Pensions A new property tax relief measure, called targeting, has been added. A proposal to offer state employees (There was a similar feature in the tax code in tax year 1982,but it ended.) the choice of defined benefit or defined Under the new relief measure, any homestead with tax increases exceeding 20 contribution pensions did not pass the percent—after homestead credit and circuit breaker—is entitled to a credit of Legislature this session, but remains in one-half of the increase above 20 percent up to a maximum credit of$200. bill form and can be acted upon by the The Legislature appropriated $11 million for this measure and if it is not Legislature next year.The CL had recom- sufficient to cover the credits owed to homeowners, the homeowner will mended in a 1978 report that a defined- receive a pro-rated amount. A second targeted property tax relief measure contribution program, under which an provides an additional credit for homes with an effective tax rate of more employee would receive benefits related than 2.25 percent or more(after homestead credit and circuit breaker)which to contributions paid in,be adopted. had an increase of 10 percent or more.The additional credit is for one-half the increase over 10 percent,with a maximum credit of$200 and is paid only after the first targeted relief has been used up. PACE 4 (EDUCATE continued from Page 1) Area Hospital Useage Decline in the community college and University of Minnesota systems will be picked up Continues Health Board Reports by tuition, 31 percent at the state uni- versity system, and 25 percent at the Hospital usage in the Twin Cities admissions are declining. The use rate de- vocational-technical institutes. Right now metropolitan area continues to decline, dined from 1,045 days per 1,000 popula- 29.1 percent of instructional cost according to a new report from the tion in 1981 to 979 per 1,000 population at the community colleges,25.3 percent Metropolitan Health Planning Board. in 1982. Riddle said, a drop of 6.3 at the state universities, 30.1 percent Inpatient acute care declined 5.9 percent. at the University of Minnesota,and 15.2 percent from 1981 to 1982, or 147,457 Riddle said the main reasons for the percent at the vocational-technical - patient days. according to Health Board decline in use are changing medical institutions is paid through tuition. associate director Paul Riddle. Total practices,pressure for less use by health The adoption of the tuition policy acute care patient days in area hospitals, care payers, and the impact of Health means that the state will subsidize the excluding Anoka State Hospital, the Maintenance Organizations (HMOs), different post-secondary systems—with Shriners Hospital, and the Veterans which now enroll about 25 percent of the exception of the vocational-techni- Administration Hospital, in 1982 were metropolitan area residents. cal schools—at roughly the same levels, 2,349,541 down from 2,496,998. The trend of decreasing hospital instead of at varying levels as in the past. The average length of stay dropped usage began in the late 1970s, Riddle It also means users of the schools will pay from 7.5 days in 1981 to 7.2 in 1982, said. Currently, 61.7 percent of the through tuition a greater share of the cost Riddle said,indicating that hospitals are licensed beds in area hospitals, on aver- of running the institutions. reducing length of stay even while total age, are in use by patients. To mitigate the impact of tuition increases, the state has adopted a new system of financial aid to post-secondary students which increases the share of lacking according to the chief author of required by the law to report to the state dollars going to low-income students the omnibus education bill,is a strategy Legislature on the need to amend rules and reduces the share going to higher for change, for school curriculum requirement and income students. Students and their The education bill passed by the Legis- to establish minimum comprehensive families are expected to pick up a portion lature contains dozens of provisions, education program standards. of the education costs,with the remain- programs,ideas and regulations designed According to Nelson, these initiatives ing costs the responsibility of the family, to spur enhanced quality for education, are designed to insure needed quality student, arid public sector. Aid will be as well as an appropriation of$2.6 billion control in the state's public school targeted more to those in need in the new for schools,the largest single item in the system. system, state budget. One provision in the bill would allow Taken together, the appropriations, A legislative commission on public school districts with enrollments of less tuition, and financial aid policies are education has been created and charged than 375 students to contract with other designed to assist the state-run insti- with developing policies,assisting school districts for the education of students, tutions of higher learning adapt to districts, developing alternative delivery but still remain in existence as a separate changes in the 1980s,including a student systems,and other matters. school district. decline which is expected to range as high The bill spells out new initiatives The Brandl-Dieterich low-income as 23 percent by mid-decade. designed to spur technological and choice bill, which would allow low- computer-based education in schools and income families to choose which schools Different Approach to retrain teachers. A nonprofit their children would attend was intro- on Primary-Secondary Side Minnesota Academic Excellence Founda- duced in the 1983 Legislature and tion has been created to sponsor pro- hearings are expected during the interim. When Minneapolis State Representa- grams to recognize outstanding students The Citizens League recommended more tive Ken Nelson spoke at a CL Breakfast and staff, to develop summer institutes user choice in education in its 1982 earlier this spring,lie said there is general and ntentorship programs, and to estab- report,"Rebuilding Education to Make it agreement that changes are needed in the lish governor's award ceremonies. Work.", primary-secondary schools. What is The Commissioner of Education 7,1, -_-:, .i.,-;-A-sara,,,,,.. s,"r„ ,,,. ,-d - � , Citizens League non partisan public affairs SECOND CLASS POSTAGE iesearcharKI education in the St.Paul- JUN L 1983 PAID AT MINNEAPOLIS, MN Minneapolis metropolitan area. 84 S.Sixth St., Mirineaaolis,Mn,55402(612)338-0791q7114 SHA►ri:%QEE JUNE 7, 1983 VOLUME XXXII, NO. 12 Mr. John K. Anderson City of Shakopee 129 East First Avenue Shakopee, MN 55379 PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION Special Session June 20, 1983 Vice Chrmn. Perusich called the meeting to order with Comm. Coller, Stoltzman, Czaja, and Rockne present. Also present: Don Steger, City Planner; H. R. Spurrier, City Engineer; John. Anderson, City Admin. and Cncl. Vierling. Late: Chrmn. Schmitt. Presentation was made of the Holmes Street Basin Lateral Feasibility Report by the City Engineer. This report includes the proposed Storm Drainage Design and Technical Criteria. Discussion was held on the West Side Storm Sewer and County Road 17 Storm Sewer Systems as how they compare with the proposed Design Criteria. Chrmn. Schmitt arrived at 8 : 45 P.M. Comm. Czaja left at 9 : 45 P.M. Schmitt/Coller moved that the Planning Commission adopt the 2-year Residential and 5-year Commercial and Industrial Design Criteria as presented by the City Engineer. Motion carried unanimously. Schmitt/Rockne moved that when a presentation is made to the City Council and the community, it be made in such a manner as to define the problem areas within the community as now established by the criteria in order of priority and the options in dealing with these problems . Motion carried unanimously. Schmitt/Stoltzman moved that the City Engineer and City Staff be directed to quantify and prioritize the advantages and disadvantages of the alternative projects that exist within the target areas . Motion carried unanimously. Meeting adjourned at 10 : 15 P.M. Don Steger City Planner Recording Secretary / PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS REGULAR SESSION SHAKOPEE, MINNESOTA JUNE 9, 1983 Chrm. Schmitt called the meeting to order at 7:30 P.M. with Comm. Stoltzman, Perusich, and Coller present. Comm. Koehnen arrived later, and Comm. Czaja and Rockne were absent. Also present were Don Steger, City Planner and Cncl. Vierling. Coller/Stoltzman moved to approve the minutes of May 5, 1983 as kept. Motion carried with Comm. Perusich abstaining because of his absence at that meeting. PUBLIC HEARING - SCHERER VARIANCE REQUEST Perusich/Coller moved to open the public hearing regarding the request for a 7 foot rear yard variance in order to construct a 9 foot addition to the rear of an existing building. Motion carried unanimously. The City Planner stated the applicant is Ron Scherer who wishes to put an addition on his building to expand the business with a suntan center. He went over the considerations for this request. He said there is sufficient parking for the ad- dition. He stated he feels a hardship exists and therefore recommends approval of the variance with the condition of the waiver of appeal for any storm sewer assessments from the Holmes Street Laterals. Chrm. Schmitt asked if there was anyone present in the audience who wished to comment on this item, and there was no response. Comm. Koehnen arrived and took her seat at 7:35 P.M. Coller/Perusich moved to close the public hearing. Motion carried unanimously. Coller/Stoltzman offered Variance Resolution No. 338, granting a 7 foot rear yard variance from the 30 foot setback requirement for an addition to the building lo- cated at 306 East 2nd Avenue, subject to the condition that the property owner waive the right of appeal for any storm sewer assessment which would be levied to Lot 10, Block 28, Shakopee, as a result of any Holmes Street Lateral Project, and moved its adoption. Motion carried with Comm. Koehnen abstaining. Chrm. Schmitt informed the applicant about the 7 day appeal period. PUBLIC HEARING - KRASS VARIANCE REQUEST Stoltzman/Coller moved to open the public hearing on the request for a 5 foot vari- ance from setback requirements for construction of an addition to an existing struc- ture located at 1257 27th Street. Motion carried unanimously. The City Admr. arrived and took his seat at 7:40 P.M. The City Planner stated the applicant is Phillip R. Krass, and went over the con- siderations of the request. He stated it is staff's opinion that a bonafide hard- ship does exist and the variance will in no way create an undesirable situation with regard to neighboring properties or the visibility at the intersection. There- fore, staff recommends approval of the variance. Chrm. Schmitt asked if there was anyone present in the audience who wished to com- ment on this item, and there was no response. Shakopee BOAA June 9, 1983 Page 2 Coller/Stoltzman moved to close the public hearing. Motion carried unanimously. Coller/Stoltzman offered Variance Resolution No. 340, granting a 5 foot front yard variance from Hauer Trail for property located at 1257 27th Street, Shakopee, and moved for its adoption. Motion carried unanimously. Chrm. Schmitt informed Mr. Krass of the 7 day appeal period. PUBLIC HEARING - BJORKLUND DENSITY VARIANCE REQUEST Perusich/Coller moved to open the public hearing on the request for a density variance of two single family dwellings per 40 acres. Motion carried unanimously. The City Planner stated the applicant is John Bjorklund, who desires to purchase 40 acres, split the property in half and create two buildable parcels. He said the intent of the 1 per 40 acres density of the AG Zone is to preserve agricultrual land by limiting non-agricultural development. However, he said this property is clearly not agricultural land, as it is rolling, wooded and not cultivated. Comm. Coller expressed concern that the request does not stipulate that it would be an equal split with each home having 20 acres. The City Planner stated the houses could be concentrated on just 5 acres, as long as there were only two houses on the entire 40 acres. Mr. Bjorklund said it would be fine with him to stipulate only one house per 20 acres, since that is his intention. Chrm. Schmitt asked if there was anyone in the audience who wished to comment on this matter. Clarence Petsch said the law now is only one house per 40 acres, and he wanted to know why this should be any different. He said there is a house on it already. Mr . Bjorklund said the house that is there now will be coming down, and he will be building another house. Mr. Petsch said it is zoned AG and that is what it should be. He doesn't want a lot of houses there. Chrm. Schmitt said the applicant would have to come back before the Planning Comm. to further subdivide the land. The City Planner explained that the applicant would have to ask for a rezoning or a whole series of variance for small lots and it is highly unlikely the Planning Commission would approve that. Mr. Petsch said there is tillable portions in that 40 acres; it is being farmed right now. Mr. Bjorklund showed a picture of the area. Mr. Bjorklund said he plans to keep a few horses, so would either plant hay himself or rent for agricultural purposes that portion that is tilled now. He said he does not plan to change the tillable portion. Comm. Perusich said AG land has traditionally encompassed woods and hills. He is concerned with setting a precedent for future development in AG land. The City Planner said there is quite a mix of land use out in that area, which varies from R1 to AG. He said there would be absolutely no detriment to granting this variance, because right across the road homes can be built on 22 acres. Shakopee BOAA June 9, 1983 Page 3 Chrm. Schmitt recalled that during the zoning changes of 1977-78, they started out with one home in 5 acres, changed to one home in 10 acres and then had a problem with Met Council, because they wanted one home in 40 acres. He said they compro- mised with one area of R1, one area of one home per 22 acres, and AG land to satisfy Met Council. The City Planner said 'the Commissioners have to look at what the original intent was. If the primary objective was to preserve AG land, then a variance is one mechanism for granting relief to property owners who don't fit in the AG zone. In his opinion, this land does not fit the AG zone. Granting this variance would not detract from the area or eliminate AG land. He wouldn't think that by grant- ing this variance you would in any way be setting a precedent for building homes on prime AG land. Cncl. Vierling asked if the zoning intent was to protect tillable land or preserve density. Chrm. Schmitt said it was a combination of both, plus satisfying Met Council. Paul Graffunder said he has seen the land, and the home on it now is unsafe. He said the intent is to improve the property. Mr. Petsch said he doesn't believe someone is going to build just one home on 20 acres. He thinks he will be back in a few years to build more houses. Chrm. Schmitt said the Planning Commission would not be inclined to grant permits for more homes. Mr. Petsch asked if he could do the same thing. Chrm. Schmitt said if he had the same type of property, he could make the same request. Mr. Graffunder said the way the land is situated with the pond, it would be hard to subdivide smaller without access problems. Chrm. Schmitt asked if there were any more questions, and there was no response. Perusich/Coller moved to close the public hearing. Motion carried unanimously. Comm. Cotler expressed his concern about there being an equal split, with 20 acres to each home to preclude further development. Coller/Stoltzman offered Variance Resolution No. 341, allowing for a density vari- ance of two single family dwellings per 4.0 acres; each parcel having an area of 20 acres, in an AG Zone, and moved its adoption. Motion carried with Comm. Perusich opposed. Chrm. Schmitt explained the process for appeal to City Council. Colter/Stoltzman moved to adjourn. Motion carried unanimously. Meeting adjourned at 8:15 P.M. Don Steger City Planner Diane S. Beuch Recording Secretary Tape Recorded Minutes: Archives: Yes No No. of Years TAPE RECORDED MINIMS: Archives: Yes f No // No. of Years: PROCEEDINGS OF THE PLANNING COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA JUNE 9, 1983 Chrm. Schmitt called the meeting to order at 8:16 P.M. with Comm. Koehnen, Collor, Stoltzman and Perusich present. Comm. Czaja arrived later, and Comm. Rockne was absent. Also present were Don Steger, City Planner and Cncl. Vierling. PUBLIC HEARING - SCOTT COUNTY CONDITIONAL USE PERMIT REQUEST Stoltzman/Colley moved to open the public hearing on the Scott County request for a Conditional Use Permit to construct a third story addition to the Courthouse. Motion carried unanimously. The City Planner stated this variance is needed because the proposed third story addition would extend beyond the 35 feet in height allowed. He reviewed the con- siderations for this request. He went over in detail the shadowing of the 4th Avenue residencesdue to the proposed increased Courthouse height. Discussion followed with Joe Ries, Scott County Administrator, about the height of the mechanical penthouse, and if this was included in the measurements. It was decided the penthouse was not included in the solar readings, and not included in the overall elevation. In the present location and size, it would not create more of a problem as far as shadowing. Mr. Ries stated it will be in the same lo- cation as it is now. The City Planner stated it is easier to use a "third story" terminology for the request, rather than a certain number of feet, which is hard to measure. Discussion followed regarding the parking problems around the Courthouse. Mr. Ries said the County has a parking scheme under consideration in favor of patrons which should be implemented before 1984. Discussion ensued regarding highlighting the front door and signage to help traffic flow, to be done simultaneously with the completion of Block 57. Perusich/Koehnen moved to close the public hearing. Motion carried unanimously. Discussion followed regarding assigning a certain number of feet to the elevation of the permit, rather than the terminology of third story. Coller/Perusich offered Conditional Use Permit No. 339, allowing for a third story addition to existing Courthouse structure, located on "Courthouse Square", Shako- pee City, subject to the following conditions: 1. A grading plan for Block 57 be submitted for review and approval by the City Engineer prior to reconstruction of the parking lot. 2. The existing trees, located along the north side of the Courthouse, be trimmed to meet the approval of the Shakopee Fire Chief; 3. Height of the north parapet wall not to exceed 57 feet elevation from a zero benchmark at the sidewalk at the northeast corner of the site; 4. The mechanical penthouse is not to exceed a height of 70 feet from the zero benchmark at the sidewalk at the northeast corner; 5. The penthouse location be in the same general location as the existing penthouse; and moved its adoption. Motion carried unanimously. naicopee rlanning Jommission June 9, 1983 Page 2 Chrm. Schmitt passed the gavel to Vice-Chrm. Perusich. Schmitt/Colley moved to recommend to City Council to give serious consideration to a two-hour parking limit in the general area of the Courthouse, Block 57 and St. Francis Medical Center, with consideration given to allowing administrative permits as necessary for local resident parking. Motion carried unanimously. FINAL PLAT - LINK 'S 4TH ADDITION The City Planner reviewed the considerations for the Final Plat of Link's 4th Addition, and stated staff recommendL approval with conditions. Perusich/Stoltzman moved to recommend to City Council approval of the Final Plat of Link's 4th Addition, subject to the following conditions: 1. Approval of Title Opinion by the City Attorney prior to recording the plat. 2. The developer enter into an agreement to provide for the park dedication fee of $250 per Twin Home unit, which would be paid at the time of issuance of Building Permits for each unit. 3. Required benchmarks must be located for and approved by the City Engineer (Section 12.06, Subd. 2 of City Code), prior to recording the plat. Motion carried unanimously. PUBLIC HEARING - CITY CODE AMENDMENT - SECTION 11.02, SUBD. 108 Perusich/Cotler moved to open the public hearing regarding the modification to the definition of Class II Resturants. Motion carried unanimously. The City Planner explained this change would provide for set-up establishments in Shakopee. Coller/Perusich moved to close the public hearing. Motion carried unanimously. Perusich/Stoltzman moved to recommend to City Council that the Zoning Ordinance, Section 11.02, Subd. 108 be amended to include "and permit" intoxicating liquor or have live entertainment. Motion carried unanimously. DISCUSSION - FISCAL DISPARITIES, LOCAL GOV'T AID, ETC. The City Admr. gave a brief overview of Shakopee 's involvement in trying to change Legislature regarding formulas for Local Government Aid, Fiscal Disparities, etc. He said the Metropolitan Losers' Group was formed to try to change the State Aid formula to make it more equitable. They formed a coalition with other groups and hired a lobbyist, but it did not attain its goal this year. He said the Metropolitan Losers' Group has a subcommittee studying the Fiscal Disparities for the next session. The City Admr. also reviewed inequities with the MTC District and School Districts. Discussion followed. He stated he would update the Commission upon request in the future as progress is made. DISCUSSION - STORM DRAINAGE DESIGN AND TECHNICAL CRITERIA The City Engineer reviewed design and technical criteria for storm drainage as it relates to the Holmes Street Basin Laterals. He said the City in the past hasn't known what it has bought with the various storm sewer systems, and didn't under- stand what level of service it was getting. He stated to determine what level of Shakopee Planning Commission June 9, 1983 Page 3 service the City wants, it has to determine what part of a storm is acceptable to leave on the surface, and what part should be put underground. The City Engineer said he has proposed three different designs with costs ranging from S44,700 to Si Million Dollars. He stated this Holmes Street Basin is the most difficult to serve because of its geometry and topography, which make it difficult and costly to collect the flow. The City Engineer then explained in more detail the design criteria for the three different designs and how residential, collector and arterial streets would be affected by each. He said for residential areas, he would recommend designing for the two year storm. He said this project could be coupled with road re-con- struction over a period of 2-5 years. He is proposing the storm sewer be paid for by the people in the district on a monthly basis as a utility, with a user fee per lot. Discussion followed regarding the Shakopee "dips" and the philosophy and necessity for them. Chrm. Schmitt said it is his belief that a comprehensive street analysis in the core community which would upgrade and downgrade streets in a logical manner should be completed before the drainage is addressed. The City Admr. suggested a decision could be made about what level of service the City desires without actually designating which streets it would go on. The City Engineer said a de- sign criteria for drainage is independent of a collector street system. He said the collector streets in the drainage basin are Scott, Fourth, Sixth, Market, Holmes, Scott and Spencer. Comm. Czaja arrived and took his seat at 10:42 P.M. Discussion ensued regarding what level of service the City now has in its storm sewer. systems. The City Engineer stated there is a press for time because of Block 57 getting completed. He said he wants Design No. 1 for a 2 year storm, which would be approximately $850,000 to $900,000. Discussion followed about just dealing temporarily with Block 57 and deciding overall design criteria later. The City Engineer said he would try to answer some of the concerns of the Commission and if he has sufficient information and the staff deems it critical, a special meeting call will be issued for June 23, 1983. DISCUSSION- OPUS TOUR The City Planner asked if everyone could be available June 14, 1983 at 6:30. He will check with the Opus representative and let everyone know. INFORMATIONAL ITEMS Comm. Czaja stated Dean's Lake has not reached the high water mark because the outlet is wearing. He has asked the Watershed District and the DNR to erect a permanent barrier in the outlet so Dean's Lake can fill up. At this level, there are no problems with homes on the lakes and the wildlife is returning. Czaja/Koehnen moved to accept the staff review of Conditional Use Permit No. 296, Roger Whipps Mobile Home. Motion carried unanimously. Approval of previous minutes was deferred to the next meeting. Coller/Stoltzman moved to adjourn. Motion carried unanimously. Meeting adjourned at 12:00 Midnight. Don Steger, City Planner Diane S. Beuch, Recording Secretary PROCEEDINGS OF THE ENERGY AND TRANSPORTATION COMMIlaEE REGULAR SESSION SHAKOPFF;, MINNESOTA JUNE 16, 1983 Present at 7:30 P.M. were Chrm. Bill Anderson and members Dunwell and Schwingler. Absent were members Sorenson, Ziegler and Toppin. At 7:53 it was decided to have some discussion between the members present, even if there weren't enough present to have a quorum and take official action. After brief discussion, the members present agreed to recommend to City Council that a letter be sent to MTC Chairman Peter Stumpf (with copies to Gail Kincannon, Bob Schmitz and Chuck Dimler) expressing the interest of the City of Shakopee in pursuing the feathering of property tax subsidies to the MTC, based on the level of service to localities, as recently authorized by the legislature. They also wanted to add a copy of that letter to be sent to Ray Joachim, newly appointed member to the Met Council. Consensus was also to request in the letter a drop of one mill from the two mill levy being paid by Shakopee according to the level of service received. Consensus was to wait another month to see if computer tabulation will work for the results of the two transportation surveys. Consensus was to adjourn to the next regularly scheduled meeting on July 21, 1983, unless the Admin. Ass't. thought they should meet before that to make any official recommendations to City Council. Meeting ended at 8:30 P.M. Diane S. Beuch Recording Secretary I . PROCEEDINGS OF THE SHAKOPEE CABTF COMMUNICATIONS ADVISORY COMMISSION A DJ. REG. SESSION JUNE 20, 1983 Chrm. Anderson called the meeting to order at 7:39 P.M. with members Harrison, Abeln and Davis present. Member Williams arrived later. Also present was City Admin. Ass't. , Jeanne Andre. Harrison/Abeln moved to approve the minutes of May 23, 1983 as presented. Motion carried unanimously. The members acknowledged receipt of the letter from Metropolitan Council regard- ing a proposal for cable service territory for the City of Chanhassen, with no comment. Member Williams arrived and took her seat, 7:47 P.M. Discussion ensued regarding the establishment of a Community Access Corporation. The Admin. Asst. suggested the first item of discussion should be deciding if the Community Access Corp. (CAC) would be all membership controlled, all City Council controlled, or some combination of both. Chrm. Anderson said he wanted to be sure there was some built-in type of appeal or grievance procedure. Member Harrison said he liked having diversity among the Board of Directors to represent different perspectives. Samples of Articles of Incorporation of different cities were looked at. Discussion followed regarding how much control the City Council would have over its appointees. The Admin. Ass't pointed out this would be a separate corporation, not an advisory group like this commission and other ad hoc commissions. Discussion included the amount of money the CAC would control. The $10,000 grant from ZU would be a one-time thing to start up. The 5% franchise fee is controlled by the City to be used for cable-related activities, but not necessarily access, unless so designated by the City. An initial suggestion was made by member Davis to have the Board of Directors made up of two members of this commission or appointed by this commission, one from schools or institutional network, two appointed by City Council and two at-large. Chrm. Anderson pointed out one has to be from ZU. Considerable discussion followed. The Library was added as an interest that should be represented. The Admin. Ass't was to check if there is a local library board separate from the Scott County Li- brary Board. Discussion ensued about including a member of the business/commercial community. Consensus was it was not necessary to have that representation on the Board, but they hope it would be represented in the voting membership. Consensus was to have the City Council appoint the initial members of the Board of Directors on this representative basis, but subsequently have the members of the Board elected by the voting membership, keeping them representative of the groups, and leaving the possibility that the membership can change it later by an amendment which would not have to be approved by City Council. Discussion was held regarding which school board would be included for membership, public schools or SACS. It was decided to designate that representation as being from the educational community, and notify both school boards and expect them to cooperate and appoint one member. Shakopee Cable Communications June 20, 1983 Page 2 Harrison/Williams moved to recommend the formation of a Board of Directors for the Community Access Corp. as follows: one each to be appointed from the Library, Educational Community and ZU and two appointed by City Council and two elected from the voting membership. Motion carried unanimously. A review of the draft Articles of Incorporation followed, article by article. ARTICLE I: Decided to defer the name until next meeting, to allow for creative possibilities. ARTICLE II: 2.25: Change wording of "can make" to "can produce". ARTICLE III: No change. ARTICLE IV: No change. ARTICLE V: No change. ARTICLE VI: No change. ARTICLE VII : No change. ARTICLE VIII: 8.2: Member Harrison thought this wording deprived the organization of its right to affect legislation. The Admin. Ass't. said the word- ing came from the Federal law referring to non-profit organizations. She said there could be another lobbying group, but this corporation itself could not directly attempt to influence legislation. Change "carrying on" to "perpetuation". ARTICLE IX: No change. ARTICLE X: No change. ARTICLE XI: 11.1: Change the first sentence to read "In the event of termination or dissolution of". . . Davis/Harrison moved to accept the Articles of Incorporation as revised in discussion tonight. Motion carried unanimously. Chrm. Anderson said he had a lot of questions on the By-Laws, but they were not in order according to the draft By-Laws for Shakopee. Consensus was to have the chair- man and anyone else who had questions on the proposed By-Laws to write them up in order of the Shakopee draft, and they would be discussed at the next meeting. The Admin. Ass't. asked the members to inspect the monthly report from ZU and com- pare it to what was requested in a monthly report, and bring feedback at the next meeting. Member Williams said she just had cable installed and she wonders where the 52 chan- nels are that she felt she paid for. Member Harrison added that when some channels combine or are otherwise unavailable, he feels ZU should replace them to keep up the number that are contracted for. Chrm. Anderson said the Commission is supposed to approve any channel changes. The Admin. Ass't. suggested the members compare what they are receiving with what is reported available in the monthly reports from ZU and make inquiries if there are no replacements of channels that are not available. Shakopee Cable Communications June 20, 1983 Page 3 The Admin. Ass't. said she would put channel allocations and deviations on the agenda for the next meeting. The Admin. Ass't. said the City is documenting any complaints that are received relative to cable service. Member Davis leaves at 10:00 P.M. Member Harrison asked about suggesting to ZU that they provide some type of package for sampling a variety of services and channels (especially premiums) for a set fee and time. Consensus was that is a marketing technique that the Commission cannot demand, but could suggest. The Admin. Asst. reported she and the Chairman will be attending a conference on Thursday for municipal leaders in cable franchise areas. The Admin. Ass't. said that if the physical structure of a channel is within 35 miles of where the franchise is licensed, it has to carry that channel if the station requests it. She called Channel 29 which said they have not requested they be carried, but they would discuss it. Abeln/Williams moved to adjourn to 7:30 P.M. , June 27, 1983. Motion carried unanimously. Meeting adjourned at 10:11 P.M. Jeanne Andre Admin. Ass't. Diane S. Beuch Recording Secretary i 3 PROCEEDINGS OF THE SHAKOPE.E CABLE COMMUNICATIONS ADVISORY COMMISSION ADJ. REG MEETING SHAKOP FF, MINNESOTA JUNE 13, 1983 Chrm. Anderson and member Harrison were present at 7:30 P.M. Jeanne Andre, Admin. Ass't and Mary Smith, Regional Director for Zylstra-United, were also present. Because of lack of quorum and impending storm, it was decided the Commission members would go home and try to get the meeting back together after the worst of the storm passed. At approximately 8:20 P.M. the meeting was cancelled. Jeanne Andre Admin. Ass't Diane S. Beuch Recording Secretary TENTATIVE AGENDA BOARD OF ADJUSTMENT AND APPEALS Regular Session Shakopee, Minnesota July 7 , 1983 Chrmn. Schmitt presiding 1) Roll Call at 7 : 30 P.M. 2) Approval of June 9 , 1983 Meeting Minutes . 3) Request for a 7 foot rear yard variance from setback requirements for construction of an addition to an existing structure on Lot 10 , Block 28 , Shakopee Plat (306 E. 2nd) - Public Hearing held 6/9/83 . Applicant : Ronald Scherer , 1037 Bluff Avenue Action : Amend Variance Resolution No. 338 4) Informational Items : a) Minnesota Renaissance Festival Variance for Portable Sign b) c) d) 5) Other Business 6) Adjournment . Don Steger City Planner CITY OF SHAKOPEE /// TENTATIVE AGENDA PLANNING COMMISSION Regular Session Shakopee, Minnesota July 7 , 1983 Chrmn. Schmitt presiding 1) Roll Call at 7 : 40 P .M. 2) Approval of Meeting Minutes : a) March 3 , 1983 b) May 5 , 1983 c) June 9 , 1983 d) June 20 , 1983 3) 7 :45 P.M. PUBLIC HEARING: Request to exceed the height limitation for a fence in a front yard setback by approx. 4 ' 6" upon property located at 1756 Montecito Drive ; Lot 1 , Block 1 , Montecito Heights 2nd Addition Applicant : Steve Wermerskirchen , 1756 Montecito Drive Action : Conditional Use Permit Resolution No. 343 4) 6-Year Capital Improvement Program Action : Recommendation to City Council 5) Informational Items : a) On-Street Parking Vicinity of Hospital/Courthouse b) c) d) 6) Other Business 7) Adjournment Don Steger City Planner CITY OF SHAKOPEE TENTATIVE AGENDA Shakopee Cable Communications Advisory Commission City Hall Council Chambers Adjourned Regular Session July 11 , 1983 1 . Roll Call at 7 : 30 p.m. 2 . Approval of the Minutes of June AZ1, 1983 3 . Community Access Corporation a. Review of By-laws (bring materials previously distributed) b. Review of possible ordinance changes 4. Review of Weekly Reports by Zylstra-United 5 . Other business 6 . Adjourn Jeanne Andre Administrative Assistant /f n/Af/ Woly CITY ADMINISTRATOR' S ANNUAL EVALUATION Part I KNOWLEDGE, SKILL & UNDERSTANDING EVALUATION The purpose of this evaluation is to allow Councilmembers the opportunity to constructively criticize the level of knowledge , skill and understanding that I have exhibited as City Administrator during the past year. Please indicate with a 1-5 what you perceive my knowledge or skill level to be . New Councilmembers can use N/A if they don' t know yet . The rating procedure uses a range from 5 very good to 1 unsatisfactory, with 3 the mid point , bein ' an ade- quate rating. e = t�kiyi/G // l G�, '//z//CiJ INTERGOVERNMENTAL RATING 1 . An understanding of the types of metropolitan, state and federal policies impacting upon the City. �3 --ter 5 +4��f�V Y. 347/1- 2 . Skill in developing cooperative relationships with other jurisdications . .5-3-4/9t/ ( "1.) 3 . An understanding of the responsibilities and conse- 1/Y:332?/103quences of participation in interlocal relations . SSL,lt/y (?--46 ECONOMIC DEVELOPMENT E'q`/ ' 4. An understanding of the issues involved in the management of growth ( i .e. planning, zoning and subdivision regulations ) . c 5!y ,,' 5 . An understanding of the programs available for (P/ 3 economic development. c/ / 19 3? 6 . Skill in cooperating with the private sector to syy foster a partnership for public/private ventures . yy GOAL AND POLICY SETTING SS's j 7 . An understanding of the techniques used to assess community needs . 5-4+33/ & 8 . An understanding of the political issues in identifying and setting goals to solve City problems . G/c/ l (j3 9 . Skill in defining goals and policies in a form that ' Vel they can be accomplished. `a" v ..r 6- 90 6 10 . Skill in tying specific goals and policies to thea budgeting process . 5-S'crt"f �", PROGRAM CONTROL/EVALUATION �� 11 . Skill in evaluating prior programs to aid in the development of new ones . `-{q (/ 4// 403N/' 12 . An understanding of the consequences of alternative methods of program implementation (e .g. direct delivery, contracting, tax incentives , etc . ) . u 1/6 `/j ? 13 . Skill in anticipating the impact of a program on citizens before it is implemented. 99'3 Z. z.2-- 14. Skill in establishing controls in order to monitor programs once implemented. .�. �-- BASIC SERVICES y103 15 . An understanding of the delivery of basic services S c�tcf 333 (e .g. police , fire , public works , planning, etc . ) . 4-/el e/A5 • '3 16 . An awareness of new trends in the provision of basic local government services . q v,/ 3; Z 17 . An understanding of how to improve departmental operating methods . Lf '/'I3j 2 9y41 /5 3 18. An understanding of how to improve coordination between departments/programs ( identifying and analyzing duplicative efforts ) . z/413-.7- 94 9 13i949f33 19 . An understanding of how to measure productivity improvements in departmental operations. 33,; v 411) EMPLOYEE AND LABOR RELATIONS 541")13 > 20 . An understanding of the processes of recruitment , selection, promotion and dismissal of personnel . er:ge e/e/C/ 55133 iv) 21 . An understanding of wage, salary, and fringe benefit � .. ���t� �. administration. .e .. .� s 119 t/9- 22 . An understanding of the law and governmental policy in labor management relations . yfy 3 tYl 23 . Skill in handling of negotiations and contract administration. 4/9-,./q9 /Iii 24. Skill in the handling of grievances. '13 3 4,/,1 25 . Skill in developing mechanisms to insure feedback 5S-49Z 4//from department heads/employees . 5.!; `: -1- 26 . An understanding of the impact of labor negotiations 333 and state legislation on the budgetary and policy 4/YL/YV-7d making authority of the City. 27 . Skill in using er:iployee performance evaluation methods. 5"/f 3 31 /f/1) DECISION MAKING S `�/�` 28 . Skill in analyzing situations ( i .e . "sizing up" the political , organizational and staff elements needed to deal with a problem) . 47'1/6/643 5,S-y4 3 l 29 . Ability to make decisions when conflict exists and cope with the stress from resulting criticism. ,SSS YY 30. An ability to identify information from both sides of an issue that is needed to improve the decision making. S St-/ L 1 BUDGETING �U�lt/ � • 31 . An understanding of financial management . c 4'7Y,U 32 . Skill in identification and generation of revenues . -M1-11V-.? 33 . Understanding of the impact of state and federal 5-7C. ����L� cuts , etc . on the City. #4/•3 4, 34 . Skill in preparing and presenting the annual City budget to Council in a manner that is useful and 5~yy:, yL understandable. 35 . Skill in long range financial planning. 1. COMMUNICATIONS 74/ 36 . Skills in effective verbal , written, and visual communication. 5-5-5.41543 53.44 5 2-- 37 . Skill in the development of effective presentation techniques . C4/4/1/16' 314 38 . Skill in utilizing communications techniques (cable S `iLi3 T.V. , radio, newspaper, etc. ) to convey governmental issues to the community. S s e/q1/-% 39 . Skill in establishing meaningful two-way communication with the public and civic groups to involve them in the decision-making process . 6-2/4/V. COUNCIL ADMINISTRATOR RELATIONS --y4 0 40. An understanding of the responsibilities a pro- fessional administrator has to the Council and the e/VV4/ citizens . 41 . Skill in presenting all sides of an issue or 53143.0 ' problem to Council to improve the Council ' s � � , decision-making process . �' ( 1 / J'COI) 5-44-14 3 42 . Ability to anticipate the action/information needed to keep the Council administrator relationship strong. S 17/01 / 0-4/IN 3 43 . Ability to follow through on Council action to insure r its implementation. 4/019 WORK IIARI I 44. Ability to manage time ( planning and prioritizing of time ) . 54yy1/3 5_ 3_ 'ir 45 . Effectiveness of work completed. SS-44 qL/3 / 46 . Appropriateness of example set for other employees . c Wti33 • OTHER sf-q yy (2-/ 47 . 8e/a %ri 1 J/-' &', /i; lee AI �l^,i ,1,-i-:,))/LI 48 . Q/J0„' -ei y , �'i J ( ,1)1 ;t- J('c' // (. (-1 / ivrl v 49 . Pkr h,�1(t ivt i i 7101) MIL( t 1;11# c �.- f-e ii/17Ltt ve i tir— (-j 40, 0\z — /tilt.. ,-Qbit'4 /s i ei «o, ,.p/J/1 oS •vim Ciiy— (4)(1110 170,10ArS ch\/./ " .- igi;4)1 ret:el.A'- 0-fiC./e/is 40/ See p;/1 l .— • • • II A , I I �. t . • Part II ROLE EVALUATION In addition to the evaluation you have just completed , I would also like you to evaluate my performance in the role of City Administrator. Each of you has expectations that are applied to evaluate the person occupying the City Administrator ' s position. In other words , you have a set of expectations about how John K. Anderson ought to behave in the role of City Administrator of the City of Shakopee. Please read the list once indicating with an (x) whether you agree or disagree with the levels of policy participation for a Shakopee City Administrator. Then , read the list a second time and indicate with an (x) whether you feel I have performed at the level you expect . Role Expectation Role Which You See Role Evaluation For Shakopee C.A. John Anderson Filling Fills Doesn' t Fill ' "eA 'r.ce Disagree Rol Role 1 . Carry out policy 0 2, 's ( ) ( ! ( ) , 2 . Supply information to Council (- 1:0, ( ) ( ,' ( ) 4, (,;. 3. Anticipate and research problems ( (.4 ) ( ) ( ', ), �,.l-' ( ) I 4. Propose policies or solutions110 ( I ) 'b J ( )� S. Management style - professional City Administrator. ( ) ` , ( : r4 1;'Llif- 6 . Be a policy innovator - (7 ( ,v � } ( { :&--:n , !sX CD 7 . Be a policy neutral on issues dividingthe community B j 8. Be a policy advocate - support City policies vocally l ( ) I ; 121 ( ) lityr 9. Be a political leader-work thru community leaders to achieve policy goals ) 10. Be a political recruiter for 0. Boards and Commissionsill, 1 5. I i Q 11 . Be a political recruiter for Council positions ( ) (lit ( 12 . Be a political. neutral lik ( ) ) I ( - 13 . Be a "Community Leader If � � ( , I I I !Ii . �,.•I ilk}:aiE .ni. .... eti,,,,m��l'.... Role Expectation Role Which You See For Shakopee C.A. John Anderson Filling Fills Doesn' t Fill Agree Disagree RoleRole 14. Be a budget consultant-i . e . x 1 consult with Council before ;t1 .7fr drafting C.A. ' s budget j'. ( !ii) ' "d --,5 71 15 . Be a Council meeting facili- l tator, i . e . help move meetings -' along ( .. ( ) r. '1l to ( , y� Le In an effort to summarize your responses above , please check (x) only one of the four policy orientations below in the column headed Shakopee City Admin . to indicate what you want for Shakopee , and one check in the column headed J.K.A. for how you see me. Shakopee City Admin. J .K.A. 1 . ( ) ( 2-<)' Political. Leader: Acts as an advocate of policy and as a political leader, takes visible positions as an idea man, agent of change with an emphasis on programs . 2 . T4 ( 3 ) Political Executive : More pragmatic and less of a political leader but is involved in political issues , innovator , lender , problem solver but lets Council lead on major policies . 3 • L, ( 1 ) Administrative Director: Reluctant to be a policy innovator and open leader, stress the constraints . rather than the problems . 4 . ( ) ( ) Administrative Technicians : The policy role is defined narrowly to a classic policy - administrative split . RUDY BOSCHWITZ COMMITTEE ASSIGNMENTS. MINNESOTA AGRICULTURE BUDGET FOREIGN RELATIONS SMALL BUSINESS VETERANS AFFAIRS "Z1Crtifeb ..fafez ,$mate WASHINGTON, D.C. 20510 . June 28 , 1983 r rn{ r, • 'G03 Jeanne Andre 129 East First Avenue sr•, ,,, Shakopee , Minnesota 55379 '{ Dear Jeanne : I thought you might be interested in knowing the status of the Cable Telecommunications Act (S . 66) . The full Senate took up consideration of S . 66 on June 13 and 14 and approved it by a vote of 87-9 . In my opinion , even with the adopted amendments and the committee changes , the bill is inadequate . I believe it takes too much control away from the local communities and transfers it to the federal government and the cable companies . In keeping with my position as an advocate of local control , I voted against S . 66. Several amendments were offered to S . 66. Two amendments that I believe would have improved the bill were defeated. One amendment would have disallowed an automatic , annual rate • increase by cable companies . The second amendment proposed "grandfathering" into the bill all previous cable agreements. In spite of amendments I offered with Senators Lautenberg (D-New Jersey) , Exon (D-Nebraska) , and Durenberger , we were not able to produce a final bill that I could support . As it now stands , the local communities will have their authority abrogated through this legislation . Senate bill 66 has been referred to the House for consideration . If you haven ' t • .n: so already , I suggest you contact your Representative and exp' ess your concerns . Thanks for your interest i t `is matter . S .4 1y , Rudy Boschwitz United States Senator RB/mc TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA JULY 5, 1983 Mayor Reinke presiding 1 ] Roll Call at 7:00 P.M. 2] Liaison Reports from Councilmembers 3] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 4] 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. ) *5] Approval of Minutes of June 21 , 1983 6] Communications : a] Association of Metro Municipalities re : Committee Membership Appointments b] Anthony Berens re : Resignation from Ad Hoc Downtown Committee c] City of Savage re : new bridge crossingbetween Hennepin & Scott Counties d] Prior Lake-Spring Lake Watershed Dist. re: increase in outflow 7] Public Hearings: None 8] Boards & Commissions : a] Energy & Transportation Committee : aa] Request for MTC Action to Feather Property Tax Collections b] Planning Commission: aa ] Amendment to City Code - Ord. No. 119 - Permitting Set Up License in Class II Restaurants 9] Reports from Staff: a] Minn. Energy Conservation Service Promotion b] Fence Regulations: aa] Changes in Setback Requirements *bb] Adding Requirements in Bldg. Chapter to Zoning Chapter *c] Extension for Filing Hauer' s 2nd Addition d] 8 : 15 P .M. - Wine & Beer License for Cedar Fair Limited Partnership *e] Unassessed Costs for Market Street Storm Sewer f] Deferred Charges for Watermain & Service Road - Hauer' s Addition Area g] Payment of Bills in Amount of $47,478 .46 h] Selection of Auditor i] Downtown Redevelopment Tax Increment District j ] Change Order No. 3, Levee Drive Extension 82-3 *k] Goals & Objectives - Fund Labels on Computer Check Lists 1] 101 Frontage Road 10] Resolutions and Ordinances: a] Res. No. 2144, Authorizing The Use of A Collection Agency *b] Res. No. 2145, Authorizing the Execution and Delivery of A First Amendment to the Loan Agreement in Connection with $1 ,000,000 IR Bonds for Valley Park, Inc . 11] Other Business: a] Approve final payment for acquisition of RR property within Lots 3 & 4, Block 52 b] Review of Admr' s Evaluation - see non agenda informational items for tabulation -- discussion c] d] e] 12] Adjourn to Tuesday, July 19, 1983 at 7:00 P.M. John K. ,.derson (it3r �,.. ti ,QJ ciTy association of metropolitan municipalities June 30, 1983 TO: MEMBERS OF AMM LEGISLATIVE POLICY COMMITTEES RE: COMMITTEE MEMBERSHIP APPOINTMENTS As you may know, the ANN Legislative Policy Committee members are appointed in odd-numbered years to serve two-year terms. In accordance with past procedures, present committee members are eligible to be reappointed and, in fact, it is my intent to reappoint all active committee members who would like to continue. I am aware of the time commitment necessary to serve on the AMM committees, and if you feel you cannot continue to give this amount of time this will be understood and you have our sincere thanks for your previous efforts. The committees will start functioning in early September and work for about two months to deal with issues, concerns, and problems not covered by existing ANN Policy if such issues, concerns, and problems are likely to be addressed in the 1984 Legislative Session or in the near future by the Metropolitan Council. Once this immediate activity is finished, the Committees will then recess until after the 1984 Legislative Session. The committees will then reconvene and work for several months to develop the AMM. Legislative Policy for the 1985-86 Legislative Biennium. Again our thanks for your previous efforts and if you wish to continue on your present committee, please call Carol Williams in the Alin office (227-5600) by July 18, 1983. Sincerely, IL 1 / John T. Irving (I) AMM President J 183 university avenue east, st. paul, minnesota 55101 (612) 227-5600 77(‘ Vi jUN 2 ( )93 CM' CF. F.04KOEE. 3 xe. /1-47 0,7 Cr sp n Cr‘17 C•44/ idt 00,7 op -1., 14p d , 0/#7:, 60114(7 Pret7 4060 A/ /50 tir 464, /04-;"ti 007 7-4 ,14 -11/0-0-Vii7‘ 44"' 4.1"' A/MC. .0e Itt 1 { y 6Q CITY of SAVAGE JUN 221983 12305 QUENTIN AVE. SO. SAVAGE, MINNESOTA 55378 CITY HALL 612/890-1045 Home of Dan Patch June 17, 1983 City of Shakopee ATTN: John Anderson, Admr. 129 East 1st Ave. Shakopee, MN 55379 Dear Mr. Anderson: As you know, there is a. study underway to provide a new bridge crossing between Hennepin and Scott Counties. After a careful study of the many alternatives included in the study, the Savage City Council has taken a position in support of the central corridor (Alternatives 3 or 7) connecting CSAH 18 in Hennepin County and Trunk Highway 13 in Scott County at the intersection of Highways 13 and 101 . A copy of the related council resolution is enclosed. We favor this alternative because both the easterly and westerly alternatives would require another southerly-bound roadway. This will add significantly to the cost of the project, and seems inadvisable since South Highway 13 is already in place and already serves as the main artery from Scott County to southern Minnesota. We urge each and everyone of you--at township, city and county levels of governrent--to review the study and to consider the position that we have taken. Please do not hesitate to contact me at 890-1045 if you have questions of if we can be of service. Sincerely, l/11722 4:64-9/4 , Henry Sinda City Administrator I c_ 6 RESOLUTION R-83 A resolution of the City Council of the City of Savage being advisory to the Board of Commissioners of Scott County regarding local prefer- ences for a preferred alternative in the C.S.A.H. 18 Minnesota River Bridge Study. WHEREAS: Preparation of an environmental impact statement for the County State Aid Highway 18 Project is nearing completion , which study has provided data on the impacts of seven alternatives located in three study corridors ; and WHEREAS: The City Council of the City of Savage has been represented throughout the study by appointed members to the Technical . Advisory Committee and Citizens Advisory Group on the study; and WHEREAS: While the City is aware that the various alternatives may have varying degrees of benefit and impact on Savage, the City has recognized that the basic purpose of the environmental Impact Study was the collection of data. In support of this basic purpose the City position to date on the study and alternative choices was that the new bridge crossing of the Minnesota River that may result from this study is imperative to the continued growth of Scott County that the con- struction of a new bridge at any study location is more important than designation of any specific route for such bridge . NOW THEREFORE BE IT RESOLVED: That the City of Savage supports the efforts to construct a new bridge crossing of the Minnesota River as examined in the County State Aid Highway 18 Environmental Impact Study with a continued and firm position that a no-build alternative would be a significant deterrent to Savage and Scott County interests ; and that Of the three corridors examined in the Environmental Impact Study, the central corridor, with a connection between C.S .A. H. 18 in Hennepin County and State Trunk Highway 13 in Scott County, is envisioned as being the best for the transportation and development needs of Scott County ; and that The City of Savage encourages the Board of Commissioners of Scott County to consider the following reasons for designating either Alternative 3 or 7 , the arterial or freeway facilities in the central corridor, as the preferred alternative . That Alternative 1, the no-build alternative would have extremely negative impacts on Scott County . A bridge crossing of the Minnesota River between I35W and Shakopee is mandatory. That Alternatives 5 & 9, the western corridor routes which approxi- mately follows the current Bloomington Ferry Bridge Route , do not provide a connection at its southern terminus to roadway systems that best service Scott County, and that the transportation needs toward southwest Minnesota are best served via T.H. 212 with utilization of the river crossing near Shakopee . For service directly south to the core of Scott County, the western corridor is significantly less desirable than a connection to T.H. 13. That Alternatives 6 & 14 , the eastern corridor alternative and the two bridge alternatives seen less desirable due to an apparent circuitious travel route for Alternative 6 and the high cost identified for Alternative 14. (1 1 (// v la 6, CA PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT Don 0. Benson Scott Rice Telephone Bldg. t ' , Staff Coordinator 4690 Colorado St. S.E. r ' J (612) 447 4166 Prior Lake, MN 55372 • --I— CITY 00 3kKEE i3 NI * c9,4,1 / ltc?'-3 , C2.e../ a..14..8_., ..ia.... crc-Asa( -..Cesdpedig. % air"d 7? i a..te'ffQ,14,,... --- ,o1.4,. ....."..-Jg.: (4.,/"r:r.~.....a.c.c.., .114 4P4.41 12443'. i G•1 4014..v . .240 G.,P°: f; .- --Zd 27 C g5. .ai..x' : . a't -.... --ei.le ,.....-,....r 41-..d.:444‘. . __ dar.•4-0,4.s.,,-.-r.,..ee;,,•.x.•••-A.-4_--„oeg6.,ke_....,.,A,.•L.,g,:w,r4 - 2 �--,C' (2611 67 _ ,4Lt .........,........4 ,ca44<g„,,,,,,___ A t4‘e):' t•-. Memo To: John K. Anderson, City Administrator From: Jeanne Andre, Administrative Assistant RE: Request for MTC Action to Feather Property Tax Collections Date: June 22, 1983 Introduction The legislature recently adopted legislation which allows the MTC (Metropolitan Transit Commission) to feather their property tax levies depending on the level of transit service provided to each community. Shakopee has an interest in tracking this new development. Background The attached memo was provided to the Energy and Transportation Committee to provide an update of legislative activity. Although there was not a quorem for the Committee's June meeting there was a consensus by the three members present that a letter should be sent to the MTC Chairman tracking MTC action on this legislation. The members present expressed a desire to get a one mill reduction in the MTC property tax for Shakopee residents. The attached letter has been drafted and will be sent if approved by the City Council. Requested Action Direct the City Administrator to send a letter to MTC Chairman Peter Stumpf requesting MTC action to reduce property taxes to Shakopee residents according to the level of MTC service in Shakopee, as authorized by the Minnesota legislature. MEMO T0: Energy and Transportation Committee 8Q-- l FROM: Jeanne Andre , Administrative Assistant 4 RE: Report on Legislative Activity DATE: June 14 , 1983 Introduction The legislature was active on transportation issues during the most recent session. An update on the outcome of these issues follows : Background 1 . The Opt-Out Demonstration Program will still be available to local jurisdictions with MTC still receiving property tax levies above the actual cost of locally provided service. The demonstration program (among other transit issues ) will be reviewed by a legislative study commission. 2 . A Legislative Study Commission on Metropolitan Transit was authorized. The Commission is to consist of five Senators and five Representatives and is to prepare a report by February 1 , 1984. Areas of study are to include transit objectives , effectiveness , structure , powers , responsibility, labor practices , planning, regulation, financing ( fare structure , sources and amounts of subsidy) and evaluation of the demonstration program (opt out ) . The Commission has yet to be formed, but members are likely to be appointed in a week or two. Both Senator Schmitz and Representative Dimler have expressed an interest in serving. Appointments are made by the majority leadership with consideration of balance by geographic area and party membership. Schmitz was named by a senate aid as a likely candidate for the transit commission unless his seniority puts him on a highway jurisdiction committee which has larger responsibil- ities and a longer term. No information on likely House members was available from the office of the Speaker of the House . 3 . A bill allowing the MTC to vary the property mill levy according to the level of service was adopted. It is now up to the MTC to determine how to approach this issue. Shakopee should follow up on the tax equity question and let the MTC know. Recommended Action Recommend to the City Council that a letter be sent to MTC Chairman Peter Stumpf (with copies to Gail Kincannon, Bob Schmitz and Chuck Dimler) expressing the interest of the City of Shakopee in pursuing the feathering of property tax subsidies to the MTC, based on the level of service to localities , as recently authorized by the legislature . Atilt CITY OF SHAKOPEE 1.. N�4 INCORPORATED 1870 12.9 E. First Ave. - Shakopee, Minnesota 55379-1376 (612) 445-3650 Jf` ,3 June 22, 1983 Chairman Peter Stumpf Metropolitan Transit Commission . 801 American Center Bldg. St. Paul, MN 55101 RE: Legislative Authority to feather MTC property tax collections Dear Mr. Stumpf: The City of Shakopee followed with interest debate in the 1983 legislative session regarding reductions in the MTC property tax for communities which receive minimal MTC service. City officials were pleased to note that MTC now has legislative authority to provide this tax relief. Shakopee, with only two busses in and out each day but nearly $300,000 in property tax levies is a prime candidate for the authorized reductions. Our City Council has judged that a reduction of at least 50% of the current two mill levy for the MTC in Shakopee would be appropriate considering the level of service now in Shakopee and the restrictions to the growth of service which are contained in the Metropolitan Council's "Transportation Development Guide/Policy Plan" adopted in January of 1983. We are anxious to participate in continuing discussions of this policy issue. I understand that MTC staff are currently studying a number of scenarios which would provide property tax relief, and hope to make a recommendation to the Commissioners at their regular July meeting. City Officials would like to be kept informed of the date when formal discussion will be held, in order offer the Shakopee perspective. Mr. Dave Supornick has provided background on this issue to our staff and promised to keep timely information coming. I appreciate this assistance. Sin erel , A-) � / John And son City Administrator JKA/dc cc: Gayle Kincannon Robert Schmitz Charles Dimler Ray Joachim Lou Olson 1' lY e Hoar ( 01 Progress Valle y An Equal Opportunity Employer MEMO TO: John K. Anderson City Administrator FROM: Don Steger , City Planner RE: Amendment to City Code Set-up Establishments DATE: June 30, 1983 Introduction The Zoning Ordinance needs to be amended to provide for set-up establishments. Background The attached memo to the Planning Commission discusses the situation regarding set-ups. The Planning Commission unanimously recommended this amendment to the City Council . Recommendation The Planning Commission recommends the attached Ordinance No. 119. Action Requested Adopt Ordinance No. 119. DS/j vm Attachment 4-' `J MEMO TO: Shakopee Planning Commission FROM: Don Steger City Planner RE: Amendment, to City Code Set-up Establishments DATE: June 2 , 1983 introduction: The staff is recommending an amendment to the City Code, which would provide for , set-up establishments in Shakopee. Background: The City of Shakopee has been issuing set-up licenses to estab- lishments which permit liquor to be brought to the establishment for consumption. The establishment provides mixes (set-ups ) for the drinks . We recently realized that the Zoning Ordinance is silent about such establishments. The staff and City Attorney feel that the Ordinance should address the placement of set-ups also. Therefore, the definition of Class II Restaurants, as stated in the Zoning Ordinance, could be simply amended. Recommendation: The staff recommends the Zoning Ordinance be amended as follows : (changes are underlined ) SECTION 11. 02, DEFINITIONS - NO. 108 (Pg. 272 ) - 108 . "Restaurants (Class II ) Fast Food Convenience, Drive-in or Liquor Service Restaurants" - A restaurant where a majority of customers order and are served their food at a counter in packages prepared to leave the premises, or able to be taken to a table, counter, automobile, or off the premises to be consumed; or a drive-in where most customers consume their food in an automobile regardless of how it is served; or restaurants which serve and permit intoxicating liquor or have live entertainment. Action Requested: Motion to recommend to the City Council that the Zoning Ordinance, Section 11 . 02, Subd. 108 be amended to include . . . "and permit" intoxicating liquor or have live entertainment. DS/jvm 4 • II� ,il ,. i 14 t r of: . 4 g 'i.; L L ,!fir *MUMROO 11444 r7 Z)1. ORDINANCE NO. 119 Fourth Series An Ordinance of the City of Shakopee, Minnesota, Amending Shakopee City Code, Chapter 11, entitled "Land Use Regulation(Zoning)" By Repealing Sub Section 108 of Section 11.02 and by Enacting a New Sub Section 108, Section 11.02 and by Adopting by Reference Shakopee City Code, Chapter 1, Section 4.99 and Section 11.99 Which Among Other Things contain Penalty Provisions THE CITY COUNCIL OF SHAKOPEE, MINNESOTA, ORDAINS: SECTION I: Repeal Sub Section 108 of Section 11.02 entitled "Restaurants (Class II) Fast Food Convenience, Drive-In or Liquor Service Restaurants" is hereby repealed. SECTION II: A new Sub Section 108 of Section 11.02 adopted 108. "Restaurants (Class II) Fast Food Convenience, Drive-in or Liquor Service Restaurants" - A restaurant where a majority of customers order and are served their food at a counter in packages prepared to leave the premises, or able to be taken to a table, counter, automobile, or off the premises to be consumed; or a drive-in where most customers consume their food in an automobile regardless of how it is served; or restaurants which serve and permit intoxicating liquor or have live . entertainment. SECTION III: Penalty Provisions Adopted Shakopee City Code Chapter I entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty Provisions " and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their ent'rety by reference as though repeated verbatim herein. SECTION IV: When in force This Ordinance shall be published once in the official newspaper of the City of Shakopee and shall be in full force and effect on and after the date of such publication. Adopted by the Shakopee City Council this _day of , 1983. Mayor of the City of Shakopee ATTEST: L/0/ MEMO TO: John K. Anderson, City Administrator g e FROM: Judith S. Cox, City Clerk RE: Application for Wine and Beer Licenses at Valleyfair DATE: July 1 , 1983 Introduction Valleyfair is being merged and as a result it is necessary to obtain new wine and beer licenses . Background Valleyfair is being acquired by C P Merger Corp. and C P Merger Corp. is being acquired by Cedar Fair Limited Partnership beginning July 28th and as soon thereafter as possible. Both transactions could happen on July 28th or there could be as much as two weeks between them. Because they don' t want to be without a beer license for up to two weeks , if the two transactions should take that long, they are applying for two beer licenses . Because of the cost of a wine license , they are only applying for one license and if the second transaction takes a couple of weeks , they just won't sell wine in the interim. Mr. Coller has examined the applications and they are in order. Action Requested 1 . Approve the application and grant an On Sale 3 . 2 Beer License to CP Merger Corp . , One Valleyfair Drive, Beginning July 28, 1983, or thereafter upon the surrender of the license from Valleyfair Inc . 2. Approve the application and grant an On Sale 3. 2 Beer License to Cedar Fair Limited Partnership, One Valleyfair Drive, upon the surrender of the license from CP Merger Corp. 3. Approve the application and grant a Wine License to Cedar Fair Limited Partnership, One Valleyfair Drive, upon the surrender of the license from Valleyfair Inc . a� MEMO TC: John K. Anderson, City Administrator FROM: Steve Muyskens , Intern RE: Minnesota Energy Conservation Service Promotion DATE: June 28 , 1983 Introduction // The Energy Division of the Minnesota Department of Energy, Planning and Development is urging city governments to help them promote their Minnesota Energy Conservation Service (MECS) . They have con- tacted Shakopee and have provided us with a packet of material they have developed to assist cities in local promotion efforts . They also have a $100 grant for cities that choose to participate in the program. Background Minnegasco customers living in a single family home or in an apart- ment building of up to four units are eligible to receive a MECS home energy audit . WHAT DOES A CUSTOMER RECEIVE WITH A MECS AUDIT AND HOW MUCH DOES IT COST? For a one-time cost of $10.00 , which is added to the customer' s existing utility bill , the customer receives the following informa- tion and services : - a personalized home energy audit covering 23 conservation and alternative energy measures , their costs , and paybacks , - a list of approved contractors and suppliers who can make these improvements , - information on how to finance home energy improvements , - post-installation inspections to determine whether the work was done properly, and - mediation services should they be found necessary to remedy com- plaints concerning the program. WHO IS THE AUDITOR AND WHAT DOES HE OR SHE DO IN THE HOME? The auditor is someone who has received special training in home energy conservation and alternative energy use and who has received a state certification to perform the MECS home energy audit . The auditor will either be an employee of or on contract with the utility to perform this service . HOW DOES ONE REQUEST AN AUDIT? Upon hearing about the audit offer , the customer may call their utility and request a MECS audit . The auditor then calls the Minnesota Energy Conservation Service Promotion �t Page Two June Z8, 1983 customer to arrange a time for the audit . Generally, the audit takes place two weeks but no more than 30 days from the date the customer requests it . The audit takes about two hours to perform, and the customer must be at home during the audit . Evening and Saturday audits can be arranged for greater customer convenience. WHY THE CITY OF SHAKOPEE MAY WANT TO PARTICIPATE IN THE MECS PROMOTION. The MECS has noted several reasons why the City may with to promote the program. For example , the flow of money out of the local economy can be reduced. Non-renewable natural resouces can be preserved. The reasons are detailed on the attached sheet . Alternatives 1 . Decide not to participate in the MECS promotion. 2 . Have Mayor Reinke participate in a utility audit and provide a testimonial for the Shakopee Valley News discussing how the audit went . Cost : $10.00 for audit If released as an editorial or news article - no publication cost Distribution: newspaper readership 3 . Advertise the program. a. On the Shakopee Valley News Cost : $133. 25 for 1/4 page Distribution: newspaper readership b. On the radio (KSMM, KCHK) No charge for public service announcements c . On the cable television public service channel No charge 4. Send a direct letter to all of the customers from the Mayor. Cost : Printing 2 ,500 copies - $53 .40 Mailing - Distribution: all customers 5 . Send flyers out with local sewer and water bills . Cost : $53 .40 printing Distribution: entire affected market Note : Customers have received similar material with their utility bills before and the response to the program was minimal . 6 . Place flyers in City Hall . Cost : Duplicating costs Distribution: minimal (one or two persons per day) -, • Minnesota Energy Conservation Service Promotion !� c Page Three June 28, 1983 Note : This alternative could be used with any excess materials after other promotional activity is completed. 7 . Contact community organizations to see if they are interested in promoting the program, either in conjunction with a promotion by the City, or on their own. Possible organizations : Jaycees , Lions , Rotary, 4-H, scouting organizations 8. Sponsor other local publicity events promoting MECS . home energy audit day (or week) posters in store windows billboard displays 9 . Have a competition with other communities that are also being offered the audit ; see which community can get the most people to sign up. Recommendation Staff recommends that the City promote the Minnesota Energy Conserva- tion Service. One person should be appointed to oversee the promo- tion, to apply for the $100. 00 grant , and to act as a contact person with MECS. The intern can take care of all preparations prior to August 5 , 1983. Several promotional alternatives should be pursued simultaneously, specifically alternatives two or four, five , six, and seven. A home energy audit week should be set and publicized. Action Requested Move to authorize application for the Minnesota Energy Conservation Service Grant , to have the City Administrator appoint a contact person to supervise the promotion and preparations , and to pursue alternatives two or four, five , six and seven by September 30, 1983 . SM/jms /7141 - WHY YOU MAY WANT TO PARTICIPATE IN THE MECS PROMOTION? • You will be helping your neighbors to learn how to take control of their home energy costs: By participating in MECS, homeowners can save on the average 30% of their home energy costs depending on the age and condition of their homes and what conservation measures they install. • You will be helping your local economy: In 1982, residents of Shakopee paid approximately $ 2 million for their home energy costs; in 2000, they will pay approximately $ 13 million. Of this amount, 60 to 85% is drained from your local economy (See calculations below.) . • You will be helping Minnesota's economy: In 1980, approximately 60% of Minnesota's wholesale energy costs or $2.6 billion was drained from the state's economy. • You will be publicizing your organization's concern over high home energy costs in your community and will be providing the members of your organization an opportunity to participate in a worthwhile project. ********************************************************************************** Average Average Use/ Statewide Estimated Amount Estimate of Dollar Number of Household** Cost** Spent for Home Drain from Local Year Households* (mcf) (mcf) Energy Costs Economy (85%) 1982 3226 145 $5.03 $2,352,883 $1,999,951 2000 3226 145 $27.59 $12,905,774 $10,969,907 Assumptions: All households use natural gas for space heating, cooking, and clothes drying. There is no growth in the number of households to the year 2000. There is no increase in the average amount of natural gas consumed per household by the year 2000. *1980 Census **Minnesota Department of Energy, Planning and Development. Price projections in nominal dollars. ?1) MEMO TO: John K. Anderson City Administrator FROM: Steve Meyskens, Intern RE: Changes in Fence Setback Ordinance DATE: June 29, 1983 Introduction Complaints to the Building Inspector about fence maintenance under the existing fence setback ordinance (Section 4.03, Subd. 1A) suggest that the 6 inch setback requirement be reappraised. Background In 1981 , the present ordinance was adopted establishing a mandatory 6 inch setback from the property line for all fences, except those in the Agricul- tural Zone. Numerous complaints have been received that fences and lawns are not being adequately maintained under the 6 inch setback. Lawn mowers do not fit into this space, and painting and repairs can only be accomplished by entering the adjoining property. The Building Inspector estimated that he received 10 complaints about fence maintenance last year when 20 new Fence Building Permits were issued. Surrounding communities have no ordinances requiring fences to be setback. In Bloomington, fences may be built right along the property line in rear and side yards. Burnsville suggests a 2 foot setback, but the fence may be built right on the property line. Eagan also recommends that fences be setback, but it has no ordinance. Eden Prairie and Minnetonka have no fence setback require- ments. Prior Lake requires only that the fence be on the owner's property and that the owner be able to maintain the fence. Alternatives 1. Leave the existing ordinance as it stands. 2. Eliminate the fence setback requirement altogether. 3. Allow fences to be built right up to the property line if the adjoining landowner agrees in writing. Otherwise, require an 18 inch setback from the property line. John K. Anderson June 29, 1983 Fence Setback Ordinance Page _2_ Recommendation The Building Official and City Planner recommend that the City Code be amended as follows: 1. Fences must be setback at least 18 inches from the property line. 2. No fence setback is required if the adjoining property owner agrees in writing. Action Requested Motion to have the City Attorney prepare an ordinance which amends Section 4.03, Subd. 1, to provide for a fence to be constructed 1. 5 feet off the property lines unless the adjoining property owner agrees in writing to the fence being constructed on the property line. JM/jvm Attachment soil, ground or earth preparatory to any action, or cause the same to be done, without first obtaining a separate building permit for 410 each such building or structure from the Building Official. It is also unlawful for any firm, person or corporation to erect, enlarge, improve, construct or move a fence in all zoning districts of the City except agricultural within the corporate limits of the City without first obtaining a permit . Source: Ordinance No. 67 , 4th Series Effective Date : 6-18-81 Source : Ordinance No. 75, 4th Series Effective Date : 11-12-81 Subd . 1 . Fence Construction Requirements . A. General Requirements . 1. All fencing erected in the City in all 20 zones except agricultural shall be constructed . : ' . i :. 1.5 Y .r feet off the property lines. This -9-:4Afeet provides sufficient room to mainta ' the fence faces without encroaching on the neigh- '"-F3 .oring property -li'ne`A If a fence on the rear property line abuts a public alley there must be a 3-foot setback. °' ' Source : Ordinance No. 99 , 4th Series ; JJsa ? Effective Date : 7-29-82 2 G J 2 . Type of construction shall be of any materials not deemed hazardous by the Building Official and in 110 appearance not deemed detrimental to the property values of the area by the City Planner . 3. All proposed fence designs shall be ap- proved by the Building Official prior to the issuance of a permit. 4 . Additional requirements: (a) Fences six feet and under shall be permitted anywhere on the lot except in the front yard setback. Fences up to three feet in height shall be allowed in the front yard setback . (b) Fences in excess of the above heights shall require a conditional use permit. B. Junk Yards and Automobile Wrecking Yards. 1. All junk yards and automobile wrecking yards shall be completely screened from the roads or developed areas with a solid fence or wall eight feet or more in height, maintained in good condition and screened with suitable planting. All existing junk yards and automobile wrecking yards shall comply with the requirement within one (1) year of the effective date of this Subdivision or shall terminate their operation. 2. No junk or automobile wrecking yard estab- lished after the effective date of this Subdivision shall be located closer than 1,000 feet to existing State and Federal roads, nor closer than 100 feet to any other City thoroughfare . C. Sanitary Landfills and Waste Disposal Sites. Sanitary landfills and waste disposal sites must be located at a minimum of 1 , 000 feet from public roads and must be completely 60 enclosed by trees and terrain so as to be obstructed from sight and shall be permitted only by conditional use permit. (11-1-82) -75- .oVv t9 µ�:, £ .��k 4/ 1 ,t kci^a't ". !� `�:,kx a.d:' " .r4... :t. MEMO TO: John K. Anderson City Administrator FROM: Don Steger City Planner RE: Fence Requirements DATE: June 29, 1983 introduction The fence requirements need to be codified according to the City's Codifier. Background Fence regulations appear in two sections of the City Code: - Section 4.03, Subd. 1 (Building Regulations Chapter) and - Section 11.05, Subd. 4 (Zoning Chapter) The Codifier recommends codification. Currently, the detailed fence regulations are in Section 4.03, however, it is important to include the setback and height requirements in the Zoning Chapter also. By including paragraph Section 4.03, Subd. 1 Al in Section 11.05, Subd. 4, the City Code would be correct. Recommendation Amend Section 11.0 S, Subd. 4, by adding the exact wording of Section 4.03, Subd. 1A1. Action Requested Motion to request the City Attorney to prepare an ordinance which amends Section 11.05, Subd. 4, by adding the exact language of Section 4.03, Subd. 1A1. DS/jvm 9f(7, • MEMO TO: John K. Anderson City Administrator FROM: Don Steger City Planner RE: Extension for Filing Hauer ' s 2nd Addition DATE: June 28 , 1983 Introduction: Gene Hauer has requested a 90 day or more extension for filing the Final Plat of Hauer ' s 2nd Addition . The 180-day filing period expired in mid-December 1982 . Background : This 5 lot residential subdivision , located along Austin Street south of 11th Avenue was approved by the City Council on June 15 , 1982 . Several legal problems prevented the filing (recording) of the plat with the Scott County Recorder . Mr . Hauer has been resolving these problems and discussing the situation with the City Attorney. Mr . Hauer intends to file the plat as soon as possible . The staff does not see a problem with the extension. Alternatives : 1 . Approve the filing extension to a specific date. 2 . Require the platting process to be redone . Staff Recommendation: Approve the filing extension to September 21 , 1983 . Action Requested : Motion to extend the filing (recording) period for Hauer ' s 2nd Addition to September 21 , 1983 . DS/jvm Attachment : Extension Letter of Request 1.-.. 1 - - - --- 1 TUWAY MESSAGE I ( /- , 77,_ 1.7 --7- TO l.,„...e' 1 ___. _______//: 4• ,,- .._ SUBJECT: DATE.. -L ,,.. ..,. ,...., /...--'1.te( 6,/,,..e, 7/et4 )-1/- ( 7 __ ____ • ) ....,. , , - E. / (1- 1//7,..-_, .-_- -,__...-2.(f - .„,.4- ,, ,;.:,:. /.t:, fZ7,-tr -./-/ M ir, /7 • _.„--- 7 ......-"e e f.--5Z. -,=14- L -I, ,‘).,,z_k„--e.,-- E ° - / , ." e ./: ;-...- 1 --74:-.-.;.---, 4 g.. ...7„...-1*4 .,,, ... ,„___xc s — — ,.-----/ /— ; ..., .,_ 'f-- e /"2-, .:,..„ --.• ...---e" - ' 4.40,- (,,..., _....e (._ '4_4- --„---..- ? s 5„,....., A ,,...., ••*'",LC -,1A-20 --- (e ...---ak, ,T..-4-__'.. ..4' ti.A..14.e..,41-..i.a.e. "-71:!:;,Q ;.:• . A ;„, _,,er"...,, L,-"C.- i/ ,. 2.---- -----, --7---.) -____--7,4 , / r ,• /7 ,... , E ---z<-- : ‘ ,f2--. 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''''''':;,';'=',iitig:t141.1'-i;'ilitiir,'.;,400:tilitil''iP;i• m4,..i''f!1 ', .'",:i1:1:!tt!. ...Fitti`'.?:ti'-E,'..:•.-is--4q* ' i 4, !it ,.,. .:,,T• l•'':,,::,'1, ii ;::':"N.,i I rtiiicitilyi'.i;*.iii:;''':`1. ..;;';.2:..1111.!.1 ;:i .f 11-14;:1,-- ,- ';, ;t1t* *, , : ,-'7.,.`-i.,, zilgituli•,......,,,,,. ..,.. 71;.. K4 _ MEMO TO:. John K. Anderson, City Administrator L/ FROM: Gregg M. Voxland, Finance Director HE: Unassessed Costs for Market Street Storm Sewer DATE: June 24, 1983 Introduction Council has directed staff to show unassessed project cost of $15,777 for the Market Street storm sewer on the PIR Fund balance sheet with the intent of future assessments. Background Council addressed this issue in November of 1981. Action was to leave the costs on the books and assess at a future date. At this point, Finance is requesting Council's permission to show the unassessed costs in a different fund. Fund 58 "Other Improvements" already has two projects whose costs have not been assessed. These are 13th Avenue for $3,172.00 and 5th Avenue for $2,085.75. The costs are engineerings fees from 1977. It is recommended to show the 3 projects in the same manner and record them in one place. The 1984 budget will address the disposition of some of the deficits. The reason for the request is to: treat the three projects the same, show the 3 similar projects in one place, "clean up" the FIB fund balance sheet with no effect on the PIR fund balance before the election and most importantly, bring the financial record into conformance with generally accepted accounting practice. The auditor did comment on this in his presentation to Council. Alternatives 1. Status quo. 2. Write off the projects costs. 3. Show the unassessed projects costs in Fund 58 instead of the PIR Fund. Recommendation Staff recommends Alternative No. 3. Action Requested Move to authorize staff to take the appropriate steps to reflect the unassessed project costs of $15,777 for the Market Street storm sewer in Fund 58 "Other Improvments" instead of the PIB Fund. GMV/jms Ci‘ MEMO TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Deferred Charges for Watermain & Service Road - Hauer's Addition Area DATE: June 17, 1983 Introduction & Background Resolution No. 860 (7/22/75) adopted assessments for several projects including Hauer' s Addition. Included with the resolution was the attached page. The dollar amounts were specifically not set-up as assessments and direction was not given as to when they should be collected. Since that time, improvements have been made along Parkridge Drive, including street and watermain. At least two of the parcels have connected to the water- line. When the assessment roll for Parkridge Drive was prepared, no consideration was given for these "charges". There was an escrow amount that the City had been holding for improvements in the areas that was applied to the Parkridge Drive assessments. The parcels involved are along Parkridge Drive and two on the south end of Hauer Trail (Jasper Road) . The fund involved is close to a zero net fund balance now, but with future interest payments exceeding interest revenue it may run short around $25,000 by 1/1/86 maturity date. There is about $23,000 in delinquent assessments, most which is green acres. The delinquent assessments are included in the fund balance which makes it look relatively better than the cash position of this fund because the delinquents are not cash in hand or expected to be collected soon. The fund will probably run out of cash in 1984. Two other funds will close out about the same time with overage which can cover this shortfall. The City Attorney was contacted and believes it is possible to assess these charges at the present time. Alternatives 1 . Determine that the charges will not be collected. 2. Bill the charges to those connected to the waterline. 3. Bill the charges to those not yet connected to the waterline. 4. Adopt the charges as assessments payable 1984. 5. Adopt the charges as assessments payable at (date) . 6. Alternative #2 and collect balance when connected to watermain. This can be monitored via the property file. Recommendation Alternative No. 6 is recommended. However, it is uncertain what the reasons were for not adopting the assessments as such at the time and if the situation has changed to warrent collection. It appears to be related to the watermain which is now accessable to most parcels since the construction of Parkridge Drive. Requested Action Move to make the amounts in the schedule attached to Resolution No. 860 a charge against the property to be collected when the parcel is connected to the watermain and to bill parcels already connected. rq_ fir„ , t s Tee 1974-1 Public Improvement Program in the Hauer ' s Addition Area Watermain and service road. Resolution No . 860. The following are not being charged a special assessment at this time : Their improvements will be added on later in the program. (Pending till hook-up) James Hauer Watermain 431 .06 1028 East 2nd Avenue Ser. Rd. 356 .23 • Hauers 1st Addition L1 til Total 787.29 Douglas D. Edwards c/o Mortgage Aosoc . lnc . Watermain 431 .06 125 E.Y. ills Street Ser. Rd. 356.23 ' ' Milwaukee , Wisconsin Total 787. 29 Hauers 1st Addition L2 Bl Richard L . Dellwo • Watermain 431 .06 . ' `1 H.R . //2 rl'''''• Ser. Rd. 356.23 Hauers 1st Addition L3 I31 Total 787.29 Eugene F. Malz Watermain 431.06 R.U . #2 l3ox 1056 Ser. Rd. 356.23 Huuers 1st Addition L4 B1 Total 787.29 ,1' James Hauer Watermain 431.06 1028 East 2nd AvenueSer. Rd . 356.23 • Hauers 1st Addition L5 B1 ° ,(f Total 787.29 i\, r,��k- Richard A. Ries 51NA Watermain 431 .06 R. R. #2 Box 990 Ser. Rd. 356.23 Total 787 .29 Charles A. Olson Watermain 431.06 / . .� 222 West 6th Avenue Ser. Rd. 356.23 Hauers 1st Addition L1 B2 'f,.,' Total 787.29 Floyd V . Key Watermain 431.06 R.R. #2 Ser. Rd. 356.23 t = ~ }lauers 1st Addition L2 B2 Total 787.29 . __)l 'L ,__ -:-"' Vernon R. Berg 54Y 00 ,--,) Watermain 431 .06 cr' Derald Feltman 54 2A 0,, ,,,,,. Watermain 431.06 q q (-1,,ir (�p 1411 1 c.. 1 i I' 1 \ ' LT1 I : . \-oo 1 i f00'. 1. , , pL , 0 0 rs.) C) CDed • r r r r r r r r r r r r r r _ ✓ r H c , • • . 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G cn n rD r� o n n Cr H x rJ G t r• G G G I G CL cn 7 rt r• 'x m O tD c' H td H cn <n c1 - •--.I O v O O v CO W O l� W 1/4.O C r-' In O ray til C!3 tri z O n H 0 O MEMO TO: John K. Anderson, City Administrator (71y FROM: Gregg M. Voxland, Finance Director BE: Selection of Auditor DATE: June 24, 1983 Introduction City Council needs to address the selection of Auditors for fiscal year 1983. Background The City of Shakopee has had the firm of Jaspers & Company as auditors for over twenty years. The firm has had the same individual on the audit for about eight years. Staff has recommended for the past several years that Council consider changing auditors. Staff feels that Council should change auditors in order to: insure independence, gain the benefits of an auditor who has worked for other cities and larger cities, and thus has different background and experiences to draw on, benefit from an auditor who has other clients that hold the Certi- ficate of Conformance from the Municipal Finance Officers Association, and have an auditor that has a fresh view point on Shakopee's operation. Most audit firms that Coucnil would probably consider have sufficient staff to rotate the individuals on the job. Many cities have the policy of changing auditors every 3-5 years to provide rotation. Staff believes it is a good accounting practice to provide rotation of auditors on the job. Council did solicit proposals last year. Unless Council intends to change auditors, it is recommended that proposals not be solicited from other auditors in order to avoid the effort and expense on their part when there is no realistic expectation of their getting the business. If Council does change auditors, it is recommended that Council not change again for 3 years pro- viding that service and price are satisfactory. Alternatives 1. Bequest proposal from other qualified accounting firms with the definate intention of changing auditors. 2. Bequest proposal from Jaspers & Company. 3. Bequest proposals from Jaspers & Company and other qualified accounting firms. Recommendation Staff recommends Alternative No. 1. Requested Action Move that the City rotate auditors and to direct staff to solicit proposals for the 1983 audit. GMV/jms tr' t .z : T.; 9:/if J 2 1983 MEMO MY OF SHAKO-PEE TO: John Anderson, Shakopee City Administrator FROM: Rod Krass DATE: June 27, 1983 RE: Downtown Redevelopment Tax Increment District You asked me to research two issues related to tax increment financing and report to you my findings which are as follows: 1. With respect to whether or not the fiscal disparities contribution will be made from within a tax increment district, or entirely without the tax in- crement district, is a question of judgment for a city council. The change in the law which took effect in August of 1979 and made a fiscal disparities contribution from a tax increment district mandatory authorized the city council to have that contribution paid from the district by simply setting forth language to that effect in the resolution establishing the tax incre- ment district. If no such language is included, the contribution is made from outside the district. Therefore, the city council always has the op- tion of determining whether the district will make the fiscal disparities contribution, or whether the rest of the taxing district will. With respect to the downtown redevelopment tax increment district, it is so exceedingly snail that the judgment we made at the time was to keep all of the increment to pay for the public improvements and allow the contri- bution to be made outside the district. 2. If the council desires to have the fiscal disparities contribution made within the downtown redevelopment district, we can amend the plan in the same manner that it was established, that is with notice to the proper governmental agencies, published notice and a public hearing. The amend- ment would literally consist of about three lines indicating that the contribution will now be made from within the district. I hope this information is helpful and please let me know if the council desires to change the district in question. PRK:pk '• • . U05a5EThifq ;_513 .doaasbn:\ ri CT aar _apt xna r..*:ifloThvshaA 11Q5 orsrp,niosssal-1 Jas.:Faapal o/ aonaai doassasa ol om be;.:(3s Aro:: -- - 7h a-171.-bnfl- VITT o-1 O - Illy aOIL ./ Jo;- 7o al5[i5911W 05 /asgaaa od/ 7 -LTILIrig ao /slams-son' sr1rfi1w noaa 3hs..1 as:L3 9r v_/lo rao7. goilpaun ai ,/:Dia/alb /nano's:, ev-: fo augaL ni 333"2,7d )iool dldw wsl an/ 7/13 od./ vaoar.bno :nia/aih /Pomaaoni xlp/ n nolludia/no:D -,--411-11/9a /nla/alr, -)dl rric hisq noll,JdialnoF /sal )VEll 05 11-3471150 sapni .7.n3 ad/ ?mldFlidsJae col/D5039a adi ni jYr ndi of sgsnnasf obsm al aol/d:1-711-io3 !?s;: , ;HE-0,uloni 21 sgai1zi ffnual iI .Joladalb .11H3m - go sdi asd odi ,saolsas).6T 1iei3 9d7 sale/no moaa asiilasgaiL isopia 2.1.1 5,.:4.sfrt tS1-4 131a/alb sl.;!1 gninimasjab ional/ 3nialelt 17s3 /ana ad/ --ralsAw r0caolJudia/noo al /riamciorsysha-1 add ol loaclapa cies); o/ PEW arii obsm 9W lasmai,J.FL 9i .-.1s1 :;- 11,744 xlAnlbssaxs o4 -ialnoa OId wo7r1 bsriiinovorciu1 31r,d2Jg oJ oy oi Inomeaaal nilo ./nlaiih erizt iro hsm od o/ noi/Jd absm .11 o. j 7S1 05 as-lie-71h liontroo an/ 1.!. ad/ nl nsig ari bnals ,5011521b issmolevohSa flo/nwoh ad/ aid.::±w asr.lnag 9th o/ al /i Isdl asnasm maa -hnsms sdT ITi3r sildi5(7 n bas 93±5011 hsdaiidnc Sano ' _ • .Joialaib srf/ n1TT1Wmoa1 abSm sdl-Jon It noI/uala'/Iloc; asaiash fiparloo 9th Ii onr as: sasslo has loagld 41 aollsmaonl aid/ egod -.-:olJaodn ha: aola/alb sdi spAGIL 05 .gq:Zg(1 (7)1)4 ' MEMORANDUM TO : John K. Anderson City Administrator FROM : H. R. Spurrier ' V * City Engineer SUBJECT: Levee Drive Extention Cont act No. 1982-3 DATE : June 24, 1983 Introduction: Attached is Change Order No. 3 for the above-referenced project. Background: Pursuant to our discussion earlier this week, I have agreed to a unit price reduction of . 12 cents per square yard for the above-referenced project for a modification to the Wearing Course Material furnished under the above-referenced project. The modification was made in order to exclude any low bitumin content Wearing Courses. The Contractor has submitted an acceptable Wearing Course design and is reducing the unit prices to compensate for reduced bitumin content. Action Requested: Approve Change Order No. 3, a Change Order reducing the bitumin content and the unit price for Wearing Course for Levee Drive Extension, Contract No. 1982-3. HRS/jvm Attachment CHANGE ORDER 7 3 . Change Order No. : 3 Project Name: Levee Drive Extension Date: June 20, 1983 Contract No. : 1982-3 Original Contract Amount $ 59,923.00 Change Order(s) No. 1 thru No. 2 $ 9,523.00 Total Funds Encumbered Prior to Change Order $ 69,446.00 Description of Work to be (AXXXlyd/Deleted): Delete 6.0 Percent requirement for bitumen content for wearing course material . Reduce unit price by $0. 12 to 2.28 per S.Y. The above described work shall be incorporated in the Contract, referenced above, under the same conditions specified in the original Contract as amended unless otherwise specified herein. Any work not so specified shall be performed in accordance with the Standard Specifications adopted by the City of Shakopee, Minnesota. The UMOUnL of the COnl.tn.( L :Wall II(' (XxxXxxxx4t/clecrea::ed) by :1, 163.20 . The number of calendar days for completion shall be (increased/decreased) by 0 . Original Contract Amount, $ 59,923.00 Change Order(s) No. 1 thru 3 $ 9,359.80 Total Funds Encumbered $ 69,282.80 Completion Date: September 1, 1983 The undersigned Contractor hereby agrees to perform the work specified in this Change Order in accordance with the specifications, conditions and prices specified herein. Contractor: r j ,L ,/N - '-j)- - I l• By: ;.2-; 'Pi, _-/<' Title: P-1(::-•:) . J Date: 6 _ 9_3 - :L.3 APP'Omp e► $RECOMMENDED: ity 'neer D. e APPROVED. City of Shakopee . By: Mayor Date ' Approved as to form this day of 19 City Administrator Date — City Clerk Date City Attorney Memo To: John K. Anderson, City Administrator From: Gregg Voxland, Finance Director Re: Goals & Objectives - Fund Labels on Computer Check Lists Date: June 22, 1983 Introduction The 1983 Goals and Objectives contain the following: 3.58 Objective - Provide a clearer definition of funds from the check register from Logis so Council can better trace them to the annual budget. Background The check lists prepared by Logis and check lists prepared by staff have an account number listed with each check. The first two digits of the account number represent the fund number from which the money is taken. Both type of check lists (Logis & staff) total the checks by fund at the end of the list. The difference is that while both type of lists show the total by fund number, the lists prepared by staff also show the name of the fund, whereas the computer prepared lists do not. In order to trace a check back to the budget, the reader has to correlate the fund number to the fund name. Alternatives 1 . Status Ouo. 2. Pay for a programming change at Logis to have the fund name print on check lists. Cost about $200-300. 3. Hand type fund names on computer check lists. 4. Attach a list of funds to each check list. 5. Include a list of funds and fund numbers in the front of the budget. 6. Include fund number as a part of the fund name within the budget. Recommendation Alternative number 2 is recommended because it does not require on going staff action - it is a one time fix. Also, it addresses the problem at point at which it originates, i.e. when Council is looking at the check lists. If Council desires to have a meeting to explore this further, I will be happy to do so, just let me know. Requested Action Move to direct staff to request Logis to make a programming change in order to print fund names on the check lists at a cost not to exceed $300.00. GV:mmr MEMORANDUM TO John K. Anderson City Administrator 1 j FROM : H. R. Spurrier r - f City Engineer SUBJECT: Trunk Highway 101 Frontage 0. 4 Improvement No. 1982-1 DATE : July 1, 1983 Introduction The cost of the Trunk Highway 101 Frontage Road is steadily increasing as a result of the decision to shift the Frontage Road alignment. Background The first expense is the cost of appraisals. The right-of-way that must be acquired from Elk River Concrete Products must be appraised. Benefit appraisals must be made for the parcels to be assessed by this improvement. I have investigated the feasibility of using staff for these appraisals. The Building Official was reluctant to take on the additional responsibility and liability of appraisal preparation. Given that problem and using non-staff appraiser, the estimated cost of the right-of-way appraisal could be $2,000.00 The estimated cost of the benefit appraisals could be $6,000.00, for a total $8,000.00 in appraisal costs. The cost of the right-of-way should be between $7 ,500.00 and $12,000.00. The first Feasibility Report and design for this project did not consider drain- age as proposed in the new Design Criteria. The consultant must now add in the cost of drainage facilities. That cost is expected to be between $40,000.00 and $70,000.00. With the revised alignment, there is more rationale for having Mn/DOT fund 100 percent of the drainage cost. If the State does not fund 100 percent of that cost, then that remaining cost would have to be assessed. Technical services will also increase as a result of the realignment. That cost may be between $12,000.00 and $18.000.00 for the report and redesign. On the plus side, Mn/DOT may fund up to $32,000.00 in technical services. The actual amount will be known once design work has been completed. John K. Anderson July 1, 1983 T.H. 101 Frontage Road Page -2- In the following table, the additional costs are tabulated. Note that the net effect is a $6,000.00 assessment increase. Based on the statements made by property owners, the more favorable alignment is worth additional assessment. Therefore, those property owners may favor the additional assessment. Total City Mn/DOT Description Cost Cost Cost Appraisals $ 8,000 $ 8,000 $ Right-of-Way 12,000 12,000 Storm Drainage 70,000 70,000 Additional Technical Serivces 18,000 18,000 Mn/DOT Reimbursement for Technical Services (32,000) 32,000 Original Assessment 56,000 56,000 Construction 327,000 327,000 Total $491,000 $ 62,000 $429,000 The memorandum is informational . At the present time, the consultant is deter- mining the appropriate location for the right-of-way. Once the consultant has established the position of the right-of-way, then it will be necessary to retain the servcies of an appraiser in order to acquire right-of-way. The necessary information should be available for the Council meeting July 19th. HRS/jvm 7C ) Memo To: John K. Anderson, City Administrator From: Gregg Voxland, Finance Director • Re: Bill Collection Process Date: June 22, 1983 Introduction The City has been approached by Financial Collection Agencies asked to utilize their services for collection of our past due invoices. Background The City sends invoices for a variety of services including weed mowing, fire calls and engineering services. Current practice is to mail the invoice, follow-up with three notices and a phone call and then turn the bill over to the City Attorney if still unpaid. Attached is one page of accounts receivable list as a sample of the type of bills sent. Our current process is not overly sucessful at collecting bills that go past 60-90 days. Financial Collection Agencies has requested we use their services. The City would turn accounts over to them at the 90 day point in lieu of the City Attorney. They use a computerized support system for personal contact through telephone calls and mailings. They are a public corporation established in 1926 with 65 offices in six countries. There is no out of pocket cost for the City, if there is no collection there is no fee. Fees for collections vary from 33% to 50% depending on the length of time involved until collection. There is more information available on the company if desired. The City Attorney has said that Council may authorize the use of such ser- vices. Since there is no cost to the City, I feel we should try the ser- vice and see how the process works out. It is not anticipated that we would turn over large items such as the park dedication fees for developers shown on the attached sample. Action Requested Move Resolution No. 2144. GV/mmr - v Ituuuuiv to n[:.t,c i v,tuLL Lt UI,LK 1 i r CCL ,n" DATE DATE RECEIPT 4,1ME OF INV . EXPLANATION AMOUNT PAID NUMBER Dick Wiggin 3/5/82 Park Dedication 600 . 00 Loren Habegger 3/5/82 Park Dedication 8 , 826 . 00 William Chard 3 /5/82 ' Park Dedication 9 , 750 . 00 Sun West , Inc . 3/22/82 Engr . Services 33 . 00 Sun West , Inc . 4 /6 /82 Engr . Services 484 . 00 Sun West , Inc . 5/ 19/82 Engr . Services 133 . 00 Clover Leaf 5/ 24 /82 ' Fire Call 185 . 00 ?) `ao.ce�T6/d/$3 y'd, go.cc 'dd t,0 c.,,,,-. 1I-4(g3 Jackson Towns . 7 / 1 /82 Fire Serv . Agree . 3 , 292 . 50 4/22/83 �iy24870 Louisville Town 7/ 1 /82 Fire Serv . Agree . 3 , 594 . 00 4 / 11 /83 24816 Scott Civil Def . 7/29/82 Prof . Services 245 . 72 PAID Jerry Gallop 8/ 27/82 Fire Call 185 . 00 Knutson Mortgage 8/31 /82 Assessment Search 5 . 0-) 3/ 14/83 24699 Jeff Krueger 11 / 1 /82 Fire Call 185 . 00 1 / 20/83 24526 OTB Developers 11 / 19 /82 Engr . Services 1 , 357 . 00 1 /5/83 24466 SPUC 12/2/82 Gas Usage 783 . 45 1 / 14 /83 24511 Dick Mullen 12/ 7/82 Copies 1 . 60 3/30/83 24766 Krass/Meyer 12/8 /82 Assessment Search 5 . 00 2/19/83 24596 SPUC 12/21 /82 Equip . Repair 91 . 92 1 / 14 /83 24511 Jomm. Services 12/21 /82 Copies 61 . 76 1 /21 /83 24529 1st Sec . Title 12/ 16 /82 Assessment Search 4 . 00 2/ 16/83 24618 (lusty Flick 12/ 29 /82 Fire Call 185 . 00 Comm. Services 1 /3/83 Gas Usage 106 . 81 1 /21 /83 24529 SPUC 1 /3/83 Gas Usage 1 ,003 . 44 1 / 14 /83 24511 :;Bamber/Comm. 1 /3 /83 Copies 5 . 18 3/29/83 24761 Helen Link 12/27/82 Assessment Search 5 . 00 1 /5/83 24465 .,iermerskirchen 1 /3/83 Assessment Searches 30 . 00 1 / 10 /83 24481 D & D Closers 1 /4/83 Assessment Search 5 . 00 1 / 11 /83 24486 John Bandy 1 /5/83 Sewer Charge 26 . 10 1 / 10/83 24480 I RESOLUTION NO. 2144 A RESOLUTION AUTHORIZING THE USE OF A COLLECTION AGENCY WHEREAS, the City of Shakopee does provide goods and services to various parties, and WHEREAS, the City does desire to be compensated for some of the goods and services provided, and WHEREAS, the City has difficulty collecting payment for some of the goods and services provided. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, hereby authorizes the appropriate City Officials to enter into an agreement with a collection agency in order to collect on accounts past due to the City. . 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 ArrnrnPv io /b Law Offices of KRASS, MEYER, KANNING & WALSTEN lmr Chartered Suite 300 Marschall Road Business Center Phillip R. Krass Paralegals 327 South Marschall Road Barry K. Meyer Susan M.Brown P.O. Box 216 Philip T. Kanning Barbara J.Hedstrom Shakopee, Minnesota 55379 Trevor R. Walsten (612) 445-5080 June 30, 1983 Ms. Judy Cox Shakopee City Clerk City of Shakopee 129 East First Avenue Shakopee, MN 55379 Re: Valley Fair, Inc. , I.R.B. 's Dear Judy: I have talked to Dave Swanson of Doherty, Rumble & Butler relative to the proposed first amendment to the loan agreement between Shakopee and Valley Fair, Inc. He has forwarded to me a copy of that agreement, together with a copy of excerpts of minutes he has prepared. I have reviewed the documents in light of our policies and find no conflicts. The amendment will have no par- ticular effect on the city; and since the amendment requires the consent of the trustee, the bank will have to make a determination as to whether it believes the amendment will work as a detriment to its position. I assume the trustee is agreeable to this amendment. I would recommend that the City Council approve the amendment and pass the resolution being prepared and proposed by Mr. Swanson. Thank you. Yours very truly, .. KRASS, MEYER, KANNING & WALSTEN CHARTERED ,/ / ( . Phillip R. Krass PRK:dk cc: Mr. David P. Swanson Doherty, Rumble & Butler 1500 First National Bank Building St. Paul, MN 55101 /0 Shakopee, Minnesota July 5, 1983 EXCERPT OF MINUTES The City Council of the City of Shakopee, Minnesota, met in regular public session on July 5, 1983 , at its regular meeting place in the City of Shakopee, Minnesota, at . M. The meeting was called to order by the Mayor of the City. On roll call, the following members of the City Council were present: The following were absent: During said meeting, introduced and moved for adoption the following Resolution, which motion was seconded by RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA AUTHORIZING THE EXECUTION AND DELIVERY OF A FIRST AMENDMENT TO THE LOAN AGREEMENT IN CONNECTION WITH SAID CITY' S $1, 000, 000 AGGREGATE PRINCIPAL AMOUNT INDUSTRIAL DEVELOPMENT REVENUE BONDS (VALLEY PARK, INC. PROJECT) SERIES 1976, DATED AS OF JANUARY 1, 1976 . WHEREAS, the City of Shakopee, Minnesota (the "City" ) has issued its Industrial Development Revenue Bonds (Valley Park, Inc. Project) Series 1976 in the aggregate principal amount of $1, 000, 000, dated as of January 1, 1976 (the "Series 1976 Bonds" ) , for the purpose of financing certain facilities on behalf of Valley Park, Inc. ( "Valley Park" ) ; and WHEREAS , in connection with the issuance of the Series 1976 Bonds , the City entered into a Loan Agreement dated as of January 1, 1976 (the "Loan Agreement" ) with Valley Park, under which the City loaned the proceeds of the Series 1976 Bonds to Valley Park to pay all or a portion of the costs of the Project (as defined in the Loan Agreement) and Valley Park agreed to make loan repayments sufficient to pay principal of, premium, if any, and interest on the Series 1976 Bonds; and WHEREAS, pursuant to Section 7. 03 of the Loan Agreement, Valleyfair, Inc. , a Minnesota corporation ( "Valleyfair" ) , has acquired all of the assets and liabilities of Valley Park, including the Project, and has assumed in writing all of the obligations of Valley Park under the Loan Agreement; and WHEREAS, Valleyfair has notified the City that it pro- poses to transfer all of its assets and liabilities (including the Project and the Loan Agreement) to Cedar Fair Limited Partnership, a Minnesota limited partnership, through a series of acquisitions and mergers, and in connection therewith Valleyfair has proposed certain amendments to the Loan Agreement; and WHEREAS, a copy of the proposed form of First Amendment to Loan Agreement (the "First Amendment" ) between the City and Valleyfair has been presented to and is now before this meeting; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota, as follows: 1 . That the First Amendment is hereby approved in substantially the form submitted to this meeting, and the Mayor, the City Clerk and the City Administrator of the City are hereby authorized and directed to execute, acknowledge and deliver the First Amendment with such changes therein as shall be approved by such officers, their execution thereof to constitute conclusive evidence of such approval, and the City Clerk is hereby authorized and directed to affix to the First Amendment the corporate seal of the City. 2 . That the Mayor, the City Clerk and the City Administrator of the City are hereby authorized to execute and deliver all documents and other instruments which may be necessary in order to accomplish the purpose contemplated by this Resolution. 3 . That this Resolution shall become effective immediately upon its passage. Said Resolution was passed and approved by the City Council of the City of Shakopee, Minnesota, on this day of July, 1983 , by the following vote: Ayes: Nays: Mayor Attest: City Clerk CERTIFICATE I , the undersigned, the duly qualified and acting City Clerk of the City of Shakopee, Minnesota, do hereby certify that the foregoing is a true and correct copy of an excerpt of minutes of the regular meeting of the City Council of the City of Shakopee, Minnesota held on July 5, 1983 , and of Resolution No. adopted at said meeting, as recorded in the official records of said City Council. IN WITNESS WHEREOF, I have hereunto set my hand this day of July, 1983 . City Clerk FIRST AMENDMENT TO LOAN AGREEMENT between CITY OF SHAKOPEE, MINNESOTA and VALLEYFAIR, INC. Dated as of July , 1983 Re: $1, 000, 000 City of Shakopee, Minnesota Industrial Development Revenue Bonds (Valley Park, Inc . Project) Series 1976 THIS FIRST AMENDMENT TO LOAN AGREEMENT, dated as of July , 1983 (the "First Amendment" ) between the CITY OF SHAKOPEE, MINNESOTA, a political subdivision of the State of Minnesota (referred to herein as the "Municipality" ) and VALLEYFAIR, INC. , a Minnesota corporation (referred to herein as the "Company" ) . WITNESSET H: WHEREAS , the Municipality has issued its Industrial Development Revenue Bonds (Valley Park, Inc. Project) Series 1976, in the aggregate principal amount of $1, 000 , 000 (the "Series 1976 Bonds" ) under and pursuant to an Indenture of Trust, dated as of January 1, 1976 (the "Indenture" ) between the Municipality and The Marquette National Bank of Minneapolis (now F&M Marquette National Bank) , as Trustee (the "Trustee" ) ; and WHEREAS, in connection with the issuance of the Series 1976 Bonds the Municipality entered into a Loan Agreement, dated as of January 1, 1976 (the "Agreement" ) , with Valley Park, Inc. , as predecessor to the Company thereunder ( "Valley Park" ) ; and WHEREAS, the Company has acquired all of the assets and liabilities of Valley Park and pursuant to Section 7 . 03 of the Agreement has assumed all of the obligations of Valley Park under the Agreement; and WHEREAS, the Company has proposed a series of acquisitions and mergers under which the obligations of the Company under the Agreement will be assumed by Cedar Fair Limited Partnership, a Minnesota limited partnership, and in connection therewith it is necessary to amend the Agreement as set forth in this First Amendment; NOW, THEREFORE, WITNESSETH that the Municipality and the Company, each in consideration of the representations, covenants and agreements of the other as set forth herein and in the Agreement, mutually represent, covenant and agree as follows: ARTICLE I Construction This First Amendment is executed as and shall constitute an amendment to the Agreement and shall be construed in connection with and as part of the Agreement. For all purposes of this First Amendment, except as otherwise expressly provided or unless the context otherwise requires, the terms used in this First Amendment shall have the meanings ascribed to such terms in the Agreement. ARTICLE 2 Representations Section 2 .1. Representations of the Municipality. The Municipality represents that the execution and delivery of this First Amendment has been duly authorized by a resolution of the governing body of the Municipality, adopted at a regular meeting thereof duly called and held on July 5, 1983 by the affirmative vote of not less than a majority of its members. Section 2 .2 Representations of the Company. The Company represents as follows: (1) The Company is a corporation duly incorporated under the laws of, and is in good standing and is qualified to do business in the State of Minnesota, with all requisite power to enter into and carry out its obligations under this First Amendment, and by proper corporate action has authorized the execution and delivery of this First Amendment. (2 ) The Company is the successor of Valley Park under the Agreement by virtue of its acquisition of Valley Park and all of the assets and liabilities of Valley Park, including the Agreement and the Project, and its assumption in writing of all of the obligations of Valley Park under the Agreement pursuant to Section 7 .03 thereof. ARTICLE 3 Addition of a New Section 7.07 to the Agreement The Agreement is hereby amended by adding an additional Section 7 .07 thereto as follows: "Section 7.07 . Certain Permitted Mergers. Notwith- standing anything to the contrary in this Agreement, the Company may, without obtaining the consent of the Municipality, the Trustee or any of the Bondholders, effect its consolidation with or merger into, or the sale or transfer of all of its assets and liabilities to, CP Merger Corp. , an Ohio corporation ("CP Merger" ) , and/or Cedar Fair Limited Partnership, a Minnesota limited partnership (the "Partnership" ) , through substantially the following series of transactions : (1) the merger of the Company into Cedar Point, Inc. , an Ohio corporation and the parent corporation of the Company ( "Cedar Point" ) , and the dissolution of the Company; (2 ) the merger of Cedar Point into CP Merger and the dissolution of Cedar Point; and (3 ) the transfer of all of the assets and liabilities of CP Merger to the Partnership and the liquidation of CP Merger; provided, however, that for each step in the foregoing series of acquisitions and mergers the successor corporation or partnership shall assume in writing all of the obligations of its predecessor corporation under this Agreement. 2 . ARTICLE 4 Confirmation of Agreement As amended by this First Amendment, the Agreement is in all respects ratified and confirmed, and the Agreement and this First Amendment shall be read, taken and contrued as one and the same instrument. ARTICLE 5 Counterparts The First Amendment may be executed in any number of counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The Municipality and the Company may execute the same counterpart or separate counterparts and this First Amendment shall be deemed effective between the Municipality and the Company when the Municipality and the Company have each executed one counterpart and the consent of the Trustee has been obtained. IN WITNESS WHEREOF, the Municipality and the Company have caused this First Amendment to be executed and attested by their duly authorized officers , and have caused their respective corporate seals to be hereunto affixed , all as of the date first above written. CITY OF SHAKOPEE, Minnesota By Mayor (SEAL) By City Administrator Attest: City Clerk VALLEYFAIR, INC. By Title: (SEAL) Attest: Title: 3 . CONSENT OF TRUSTEE F&M MARQUETTE NATIONAL BANK, as Trustee under an Indenture of Trust dated as of January 1, 1976 from the City of Shakopee, Minnesota, hereby consents to the foregoing First Amendment of Loan Agreement. F&M MARQUETTE NATIONAL BANK By Title 4. /1q/ Memo To : John K. Anderson, City Administrator From: Judith S . Cox, City Clerk RE: Acquisition from Milwaukee Road Date : July 1 , 1983 Introduction: April 5th, Council approved the purchase of abandoned railroad r-o-w within Lots 3 and 4 of Block 52 and authorized a down payment in the amount of $530. Mr. Coller advises me that the purchase is ready for closing and he needs the $4, 770. 00 balance . Background : The $530 was to have come out of HRA as a loan to be repaid. I understand that the ERA took no action to loan the city funds and also recommended the City sell the lots to the highest bidder for construction of market-rate housing. The $530. 00 was taken out of general funds contingency. Railroad property purchased abutting the library and the Huber building was taken from the capital equipment fund. Recommendation: 1 ) Authorize staff to pay the railroad the balance due for acquition: 2 ) Direct staff to advertise the lots for sale . Action Requested : 1 ) Authorize staff to prepare a $4, 770 .00 Cashier' s Check to be drawn and made payable to Trustee , Chicago Milwaukee , St . Paul and Pacific Railroad Company and deliver it to the City Attorney for acquisition of property from the Milwaukee Railroad Company for railroad right-of-way in Lots 3 and 4, Block 52 , Shakopee City ( $350 deposit already paid) , with funds to come from the general fund contingency. 2 ) Authorize staff to advertise for the sale of Lots 3 and 4. Llock 52 , Shakopee City. - or do nothing and wait until a later date when the market might be better. Zylstra--United Cable Television Co. Chaska Shakopee Northfield 123 West Third Street P.O. Box 146 Chaska, MN 55318 (612) 448-3831 MEMO TO: CITY OF SHAKOPEE JEANNE ANDRE, ADMINISTRATIVE ASSISTANT FM: MARY A. SMITH, MGR. DT: JULY 5, 1983, 8:00 AM RE: INTERRUPTION OF CABLE SERVICE TO SUBSCRIBERS THIS IS TO INFORM YOU THAT VARIOUS SUBSCRIBERS TN SHAKOPEE (NOT ALL SUBSCRIBERS) HAVE BEEN WITHOUT SERVICE SINCE 8:00 PM, SATURDAY, JULY 3, THE EARLIEST TIME THAT SERVICE INTERRUPTION WAS REPORTED. THE PROBLEM APPEARS TO BE GENERATED BY THE RECENT ELECTRI- CAL STORMS. WE HAVE BEEN WORKING ON THE PROBLEM SINCE THAT TIME. LITTLE ASSISTANCE HAS BEEN AVAILABLE THROUGH OUR ADDRESSABLE SYSTEM SUPPLIERS, THE JERROLD COMPANY, THE RIXON COMPANY, DIGITAL COMPUTER COMPANY AND THE LOCAL PHONE COMPANY OVER THE 4TH OF JULY WEEKEND. PRESENTLY TESTS ARE BEING RUN TO DETERMINE THE PROBLEM. WE HOPE TO HAVE THE PROBLEM SOLVED AS SOON AS TECHNICALLY POSSIBLE. I WILL NOTIFY YOU PROMPTLY WHEN THE PROBLEM IS SOLVED, WHICH WE HOPE MOENTARILY. I WILL ALSO SUBMIT A TIMELY TECHNICAL REPORT FROM OUR ENGINEER ON THE PROBLEM. SUBSCRIBERS WILL BE GIVEN A CREDIT FOR SERVICE NOT RECEIVED AS PRESCRIBED IN THE CITY'S CABLE COMMUNICATIONS ORDINANCE