HomeMy WebLinkAbout08/16/1983 MEMO TO: Mayor and City Council
FROM: John K. Anderson, City Administrator
RE: Non-Agenda Informational Items
DATE: August 11 , 1983
1 . Our long research into the intricacies of fiscal disparities
and tax increment financing have led the City and County
to a significant discovery. On Tuesday, August 9 , 1983 I
learned that the County had erroneously made a $2 , 795 ,000
assessed valuation contribution to the Metropolitan Fiscal
Disparities pool for the K-mart tax increment project .
Apparently the County was applying a general requirement for
tax increment projects not realizing that the K-mart project
was approved prior to the August 1 , 1979 amendments to the
tax increment law that required a fiscal disparities contri-
bution. The County only began the $2 , 795 ,000 contribution
for taxes payable in ' 83 and has already worked out a
mechanism to correct it for ' 84 plus obtain a reimbursement
for tax base loss in 1983 . This should have a significant
impact on City, school district and county taxpayers . This
amount of assessed valuation has a potential of generating
over a quarter of a million dollars at the combined mill
levy of 118 mills now levied against Shakopee taxpayers for
City, school district and County taxes .
2 . Councilmember Leroux asked to see plans for the trail project
for the Huber Park Trailwhen we discussed it on August 2nd.
We promised to have something available to review at the
meeting and the plan will be posted on the bulletin board
so as you enter you may want to take a look at it .
Jeanne Andre also learned on August 10, 1983 that the
Watershed District has passed a formal resolution appropriating
the $30,000 matching grant for the above project . Formal
contracts will follow that the Watershed District and the
school -.will execute to finalize the grant agreement .
3 . The Mayor and I met with Dick Hanover on August 9 , 1983 to
discuss the complaints regarding his operation. The meeting
resulted in the following actions as outlined in the attached
August 10th letter to Dick. If you have any questions regard-
ing the direction this is taking please contact me .
4. Attached is a letter from George Latimer stating that Eldon
Reinke had not been appointed to the Minnesota Tax Commission.
We will be closely monitoring the activities of the Commission,
both as a city and as a member of the Metropolitan Losers Group.
5 . Attached is a long overdue letter from the Metropolitan Waste
Control Commission answering a question asked more than a year
ago regarding disposal of sludge at our old treatment plant .
As the letter indicates , the purpose of our inquiry was to
obtain in writing a statement from MWCC that we are not paying
for someone else ' s sewage as it flows to the Blue Lake Treatment
Plant through our meter.
Non-Agenda Informational Items
Page Two
August 11 , 1983
6 . Attached is a letter Senator Bob Schmitz sent to the Department
of Revenue regarding recent state aid revenue shortfalls .
Since Bob' s letter dated August 4, we have learned that the
State has selected the Minneapolis alternative which affects
Metropolitan Loser Group cities much more negatively than
the other alternative which would have been a proportional
reduction. The Metropolitan Loser' s Group is still working
on this issue .
7 . We have just received the invoice for our dues to the National
League of Cities . Accompanying the invoice was this newsletter
updating the city on the major issues the National League of
Cities has dealt with during the past year.
8 . Attached is the weekly cable TV subscriber connection report
from Zylstra-United.
9 . Attached is a new financial services newsletter published by
Public Financial Systems . Unless future copies include a
list of recent bond sales and the interest rates paid I will
not be providing you with copies of this in the future , but
I thought I would make you aware of this firm' s services .
10 . Attached is the agenda for the 1983 LMC/AMM Regional Meeting
to be held at the Radisson South Hotel on September 29 , 1983 .
Please contact Judy if you are interested in attending.
11 . Attached is the building activity report for the month ending
July, 31 , 1983. Note that after seven months the total valuation
is almost double that of 1982 .
12 . Attached is the monthly report from the Engineering Department
for the period ending July 25 , 1983 . Please note that on page
10 , the last page , that the current engineering time billed
to date is $59 ,418 , roughly $24,000 less than the projected
budget of $83 ,357 . 75 . Bo, Gregg and I feel that this is an
improvement revenue shortfall and Bo has prepared a separate
memo regarding this item which will be presented at the
budget worksession when we review all revenues for ' 83 and ' 84
in discussion of the proposed 1984 budget .
13 . Attached are the minutes of the Shakopee Public Utilities
Commission for their July 13 , 1983 meeting.
14 . Attached are the minutes of the Industrial Commercial Commission
for their June 15 , 1983 meeting.
15 . Attached is the revenue and expenditure report as of July 31 , 1983 .
16 . We have been notified by Bankers Like that their annual rate
increase reflects an approximate 19 . 5% increase over current
rates . This will increase the per paycheck employee contribution
from $10 . 78 to $25 . 75 for family coverage . I expect that this
will be discussed at labor negotiations this fall .
- Non-Agenda Informational Items
Page Three
August 11 , 1983
17 . City forces will be installing a bituminous swale at 4th and
Atwood to mitigate problems that would occur at 4th and Fuller
as a result of Block 57 construction. This swale is required
because Holmes Street laterals have not been constructed to
serve Block 57 pursuant to the agreement with St . Francis
Regional Medical Center and because no action has been taken
on the pavement preservation and rehabilitation policy so that
work on 4th Avenue can proceed. Because of the geometry of
this intersection the proposed swale will be unsightly and a
nuisance .
3
CITY O
F SHAKOPEE
30 v wZ�
INCORPORATED 1870
129 E. First Ave. - Shakopee, Minnesota 55379-1376 (612) 445-3650 tit ; 'n
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August 10, 1983 111
Mr. Dick Hanover
Richard ' s Pub
911 East First Avenue
Shakopee , MN 55379
Re : Results of August 9 , 1983 Meeting with the Mayor
Dear Mr. Hanover :
The Mayor and I would like to thank you for meeting with us at
5 : 00 p.m. on August 9 , 1983 to review the six items set forth in my
letter of July 28 , 1983 . Repeated below are the initial six ques-
tions and the response or action we mutually agreed was appropriate
for addressing the question.
1 . Over crowding of facility and of parking lot.
- In response to this question your statement that you
have clicker counters at the door to monitor the over-
crowding of the facility was acknowledged as acceptable
by the Mayor and myself. The overflow from your parking
lot to the Red Owl parking lot was discussed and your
explanation of your arrangement to clean the lots by
power sweeping them 8 to 10 times per year and frequently
picking them up was satisfactory.
2. Lack of control of cliental in parking lot during and
after closing hours . These individuals apparently stay
in the parking lots until 2 :00 or 3 : 00 a.m. and throw
bottles on adjacent property as well as defecate on
adjacent property.
You indicated that until very recently you were unaware
of this problem but that since August 4th you have put
up signs restricting the use of the parking lot after
closing and you have begun surveying the lot every 45
minutes to one hour in an effort to control your cliental
while in the parking lots . At the August 9th meeting,
we also discussed the possibility of making periodic
announcements during band breaks and at last call about
leaving the parking lot after closing and eliminating
the abuse to neighboring property. You also indicating
that after discussing the matter with the Chief of Police
you have started the practice of leaving your parking
lot lights on until 2 : 15 a .m. , but that this policy will
be reviewed because it may have a negative affect on
use of the parking lot after hours . Finally, you agreed
The. llear1 of Progress Valley
An Equal Opportunity Employer
Mr. Dick Hanover
Page Two
August 10, 1983
that City police would have permission to patrol the lot
after closing to clear it of cliental who may return from
restaurants around 2 : 00 to 3 : 00 a.m.
3 . Confining of liquor consumption to the property defined
in your license .
You explained to the Mayor and myself that your bouncers
do not permit people to either enter the building or
leave the building with a drink in their. hand . The
control procedures seem adequate and the balance of our
conversation was about the problem of patrons bringing
their own liquor and consuming it in the parking lot . We
agreed that the actions taken under question No. 2 above
should have some affect on this problem.
4. Use of parking lot lighting and bouncers to control cliental
and parking lot .
The extension of the parking lot lighting until 2 : 15 a.m.
was discussed above and the control of the parking lot
cliental was also discussed above .
5 . Increased fencing to protect abutting property owners .
You indicated that you were willing to investigate the
cost of an extension of the 4-foot chain link fence from
the rear of your building north to the wooden fence .
You noted that you were making some other remodeling
changes and wish to have up to 60 days to finalize any
decision about the fencing. The Mayor and I agreed
that I would check with you in 30 days to find out the
progress being made on this item.
6 . Use of the Red Owl parking lot by cliental .
This item was covered under No. 1 above and you reiterated
that you have a good working relationship with Red Owl
regarding use of the parking lot .
In wrapping-up our discussion you indicated that you had
recently insulated the walls and ceiling of the steel building
that was an addition to the original structure . You also indi-
cated that this apparently was having the desired result because
you had received no calls regarding noise lately. I sincerely
hope you are correct because it will be a great improvement for
the residents living on Bluff Street .
If you have any questions regarding my summary of the results
of Tuesday' s meeting please contact me .
Sincerely, i ,
John `K. .ADderson
City Administrator
JKA/jms
cc : Eldon Reinke , Tom Brownell
Julius Coller, LeRoy Houser
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OFFICE OF THE MAYOR
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347 CITY HALL
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GEORGE LATIMER (612) 298-4323
MAYOR it .* .ii;Tv,x_ , •v 4,4
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August 2, 1983
Mr. John Anderson
City Administrator
129 East First Avenue
Shakopee, Minnesota 55379
Dear Mr. Anderson:
Thank you for referring the name of Mayor Eldon Reinke for an
appointment to the Minnesota Tax Commission. I forwarded Eldon's name
to Governor Perpich with the request that he be considered a candidate
for the Minnesota Tax Commission. Although he was not appointed to
the Commission, I hope he remains interested in assisting the Tax
Commission in its study of Minnesota taxes.
The Minnesota Tax Commission plans to hold public hearings throughout
the state to consider the opinions and comments of Minnesota residents
and tax experts on Minnesota tax policy and administration. I welcome
any comments that Eldon or yourself may have upon Commission
discussions or publications and encourage both of you to share your
professional experiences and knowledge of Minnesota taxes with the
Commission.
The first meeting of the Minnesota Tax Commission will be held on
August 4, 1983 at 1:30 p.m. in Room 112 of the Minnesota State
Capitol. This organizational meeting, and all meetings of the
Minnesota Tax Commission, will be open to the public.
I look forward to hearing from you and Eldon as the Minnesota Tax
Commission undertakes its study of Minnesota's tax system.
Sincerely,
-kl-viki2N-
Ri' A •
• r 1 LATIMER
Chai an
Minnesota Tax Commission
GL/smj
)fl ROL
August 9, 1983
Mr. John Anderson, Administrator
City of Shakopee
129 East 1st Avenue
Shakopee, MN 55379
Dear Mr. Anderson:
As per our recent telephone discussion, I am furnishingyou with
the
status of hauling and disposal of sludge at the Commission's lift
station (L-16) which is located at the old wastewater treatment plant
site in the City of Shakopee.
The Commission did haul sludge frau the Chaska Wastewater Treatment
Plant for disposal at this site until mid-1980. Thereafter, all
sludge frau the Chaska Wastewater Treatment Plant has been transported
for disposal directly to the Blue Lake Wastewater Treatment Plant.
The volume of sludge disposed of at the lift station was summarized
each year and this volume was deducted from the measured flaw (M-401)
at the lift station when determining the wastewater flaw from the "old
area" of the City. On this basis, the Commission is not aware that
any sewage sludge or septage is being discharged at the lift station
at this time. If you have any questions in this regard, please feel
free to contact the Commission.
Sincerely,
/4eldaiG6
R. A. Odde
Manager of Community Services
RAO:CLT,
•
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350 n1ETRO/OUARE BLDG.
7TH&ROBERT ITREETI
/AIf1T PAUL mn 55101
612 222.8423
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•
ROBERT 1. S . r • ,r.'aAI'e ''r'�i�`
Senator 36th J)istr.it
Route«I
Jordan. Minix.nr-A55352 Senate
Office:
235 State Capitol
St. Paul. Minnesota 55155 •
Phone: (6121296_7157 State of Minnesota
August 4 , 1983
Assistant Commissioner Dennis Erno
Department of Revenue
Centennial Office Building
658 Cedar Street
St . Paul , Minnesota 55155
Dear Commissioner Erno :
I have a copy of an "action alert" letter sent to
cities in regard to proportional reduction of 1984
local government aids .
There is apparently not enough money to fully fund
the local government aid formula as established by
the 1983 Legislature .
We are told that there are two alternative methods
that may be used to make this proportional reduction
to each of the cities . I strongly suggest that you
use the traditional method that has been used to
calculate LGA distribution . That is to determine
each city ' s proportional share of shortfall based
on its preliminary aid factor .
In my mind it is essential to spread the .shortfall
among all cities which would likely mean just a
relatively small reduction for each of them.
Sinc - - ly •
Mr
ROBERT • . SCHMI
State Senator
cc : Mayor Thomas L . Hamilton
City of Chanhassen
COMMITTEES • Chairman, Veterans Affairs • Rules& Administration • Transportation •
Taxes & Tax Laws • Elections & Reapportionment
1
7
National 1301 Pennsylvania Avenue NW Officers:
( ,, __ 11c4-71-106q) tLeague9�e Washington,D.C. Pres,denr
of 20044 Charles Royer
Mayor,Seattle,Washington
—. _- Cities (202)626-3000
Post See President
Cable:NLCITIES George Latimer
Mayor.St Paul,Minnesota
Second Wee President
George V Voinov,ch
Mayor,Cleveland.Ohro
Immediate Past President
Ferd L Harrison
Mayor.Scotland Neck,North Carolina
Executive Director
Alan Beals
Dear Municipal Official:
What has the National League of Cities done for cities lately?
A lot.
Each year, the League's lobbying effort covers every issue that involves
cities and the federal government. Each year the League has a profound
impact on federal legislation, policies, programs, and regulations that
shape your city. Each year, the League analyzes the important issues
--large and small-- that arise in cities, takes firm positions, and
communicates these positions to federal officials.
Each year, the League mounts a full schedule of training and technical
assistance programs--holds conferences, publishes handbooks and documents,
offers consulting services. Each year, the League holds the two largest
gatherings of municipal officials--the annual Congressional-City Conference
in March and the annual Congress of Cities in November.
Each year, the League informs the public about problems and potentials of
our cities through a vigorous and effective public relations program. And
each year, the League keeps its members abreast of the latest developments
in Washington and in other cities through Nation's Cities Weekly.
Each year, the League speaks to the federal government and the nation with
the voice of the more than 1 ,000 cities that are direct members of the
League and the 14,000 other cities that are indirect members through their
state municipal leagues. That is a powerful voice for cities, and it can
accomplish a lot.
i ,. . f
Sincerely, -/A cwA
Fr .r
eeic,. /
tp,,.... >14,e, ur.. ( : k-g
Alan Beals
Executive Director `6 - e . „ _
ref-'et (2-/i ---
Past Presidents:Tom Bradley,Mayor,Los Angeles.California•William H.Hudnut,III,Mayor Indianapolis,Indiana•Henry W.Maier,Mayor,Milwaukee.Wiscons,n•Tom Moody.Mayor,Columbus
Oreo•Jessie M.Rattley,Councslwoman.Newport News.Virginia•John P.Rousakis,Mayor Savannah,Georgia•Directors:John B.Andrews,Executive Director New Hemoshrre Municipal
Association•Richard Arrington,Jr.,Mayor.Birmingham Alabama•Marion S.Barry,Jr.,Mayoi.Washington,D C •Carol Bellamy,Council President.New York New York•Richard S.Caliguirl,
Mayor,Pittsburgh.Pennsylvania•David Cunningham,Council Member,t os Angeles,California•John P.Franklin,Vice Mayor,Chattanooga,Tennessee•William F.Fulginiti,Exec,rive Director.New
Mexico Municipal League•Karon M.Graves,Commissioner.Salina Kans.,';•Edwin L.Griffin,Jr.,Executive Director.Kentucky Municipal League•Jonathan B.Howes,Council Member Chapel Hill
North Carolina•Charlee Hoyt,Alderman.Minneapolis,Minnesota•Robert't Isaac,Mayor Colorado Springs.Colorado•George M.Israel,III,Mayor.Macon.Georgia•Luther Jones.Mayor.Corpus
Christ.Texas•Myra Jones,Vice Mayor Little Rock.Arkansas•Peter C.K 'son,Mayor Brigham City.Utah•Ted Lehne,Council Member.Fairbanks.Alaska•Christopher G.Lockwood,Executive
Director.Maine Municipal Association•Bob Martinez,Mayor.Tampa.Fr E.A.Mosher,Execu!rve Director,League of Kansas Municioalities•Jack Nelson,Mayor.Beaverton.Oregon•C.David
Nuassen,Mayor Gurney Illinois•Kevin O'Connor,Alderman,Mdwauk, ons,n•Martin L.Peterson,Executive Director.Ass,,...r.."of Idaho Cities•Michael J.Quinn,ErecuhveDueclor.Indiana
Association of Cities and Towns•Elaine Szymoniak,Council Me,'. ones Iowa•Jos.rn W.Walsh,Mayor Warwr, Rhode :Land•Iola M.Williams.Vice Mayor San Joie Cahforn a•
Thomas D.Wingard,Mayor Greenwood.South Car,ty,L
_ r
Page 2
WHAT HAS THE NATIONAL LEAGUE OF CITIES DONE ABOUT . . .
THE FEDERAL BUDGET?
NLC supported and achieved full funding for our cities' key programs: $4.6
billion for general revenue sharing, $3.5 billion for community development
block grants and $440 million for urban development action grants (UDAG) ,
$1 billion annually in extra funding for mass transit through the new 5
cents per gallon gasoline tax, $3.8 billion for employment and training
programs, $2.4 billion of wastewater treatment construction grants, and the
highest funding ever, $600 million for airport development and improvement.
STATE AND LOCAL RELATIONS?
The League' s Board of Directors is calling for a national commission to
identify obstacles in state statutes and constitutions that keep cities
from raising the revenues they need. The Board has asked the National
Governors Association and the National Council of State Legislatures to
join their appeal for such a vitally needed fact-finding body. A separate
resolution by the NLC Board calls on the President of the United States to
urge governors and state legislators to grant cities the authority to raise
the revenues needed to carry out responsibilities imposed by his policies.
MUNICIPAL FINANCES?
NLC made sure that last year's omnibus tax bill included several
provisions benefiting cities. Unemployment benefits were extended, new
revenues were raised for airport improvements, rules allowing cities to
lease mass transit vehicles were continued, and the targeted-jobs tax
credit was extended. Also, NLC won a delay in municipal bond registration
requirements to allow state legislatures to take needed action. And NLC
won for cities the right to NOW and Super-NOW bank accounts.
THE ENVIRONMENT?
NLC testified in opposition to efforts to reduce federal regulation,
monitoring, and enforcement of rules governing transportation of hazardous
or nuclear materials and against efforts to preempt local and state
authority over the movement of such materials through cities. NLC has also
testified on the importance of stiffer federal standards for the protection
of drinking water and for the reauthorization of the Safe Drinking Water
Act of 1974 and the Resource Conservation and Recovery Act.
MUNICIPAL LIABILITY?
NLC is pressing for a bill that would grant to local governments the same
immunity from federal antitrust laws that the Supreme Court has always
accorded state governments. Testifying in behalf of this proposal,
Columbus, Ohio, Mayor Tom Moody told the Senate Judiciary Committee that
antitrust exemption is the "only reasonable answer" to the dilemma posed by
the Court's Boulder decision, in which the Court held that local
governments are no more immune to the antitrust laws than businesses.
The League is also asking Congress to limit the liability of local
Page 3
governments and their officials in civil rights cases.
CABLE TELEVISION?
NLC continues to oppose legislation that would limit local governments'
authority to regulate cable television or their authority over the
franchise process, including authority to regulate rates. NLC opposes any
restrictions on franchise fees that would let cities charge only for the
cost of regulation.
THE NEW FEDERALISM?
The National League of Cities was a leader in last year's debate over the
New Federalism and its swaps and turnbacks intended to shift responsi-
bility for many current federal programs to state and local government.
NLC officers and representatives met regularly with the White House staff
and with President Reagan to let them know that, while we are willing to
work with them on the sorting out of responsibilities of all levels of
government, the League is not willing to allow the federal government to
abandon cities in the process. A statement of principles for cities to
evaluate further New Federalism proposals was approved at the Congress of
Cities.
TRANSPORTATION?
NLC supported creation of a new mass transit transportation block grant
that lets local governments decide how best to use their federal transit
aid.
PUBLIC EMPLOYEE PENSIONS?
NLC opposed proposed new reporting, disclosure, and fiduciary regulations
on public pension plans, testifying that they were unnecessary, undesir
able, and burdensome; President Reagan announced his opposition to the
rules on the same grounds .
SMALL CITIES?
The League' s Small Cities Advisory Council helps the NLC leadership make
sure that the country's smaller cities--its most numerous ones--don't get
overlooked. In keeping with our practice of seeing that federal programs
and policies don't discriminate against smaller cities, we paid particular
attention to the regulations governing state takeover of responsibility for
community development grants for small cities.
PUBLICATIONS?
The League recently published two books recognized as leading publications
in their respective fields. In Antitrust and Local Government, NLC became
the first national organization to analyze the impact of the U. S. Supreme
Court' s Boulder decision which ruled that local governments are not exempt
from federal antitrust laws. Twenty-two national and local experts
analyzed the application of antitrust laws to specific fields of local
government activity and offer guidance to help cities avoid costly
antitrust suits. Community Energy Strategies, a compilation of papers
Page 4
submitted to NLC by national and local energy experts, reviews the latest
strategies, models and experiences in energy planning and management by
local governments and others concerned with community energy efficiency.
CONFERENCES, WORKSHOPS?
Each year, NLC holds two major conferences -- the nation's largest
gatherings of municipal officials. The Congressional-City Conference, held
in early March, in Washington, D.C. , provides detailed briefings on federal
legislation affecting cities and gives local officials an opportunity to
call on their Congressional representatives in person. The late-November
Congress of Cities, is packed with workshops and seminars on subjects
ranging from antitrust liability to wastewater treatment. NLC's officers
are elected and the National Municipal Policy is adopted each year at this
meeting. The Congress of Cities will be held in New Orleans in 1983, in
Indianapolis in 1984, and in Seattle in 1985.
NLC's Conference of Local Energy Officials (CLEO) held its 1982 meeting in
Knoxville, Tennessee. Some 250 local energy officials from all parts of
the country attended the three-day meeting on local energy management. The
conference workbook, which includes papers by the speakers and other
participants, is available from CLEO.
Another NLC affiliate, the National Association of Telecommunications
Officers and Advisors, held its annual meeting last year in Seattle. Some
150 local cable television officers joined in discussions of the legal,
legislative, political, administrative, and technological aspects of local
cable television. NATOA's newsletter covers these issues regularly.
NLC's Policy Leadership Institute brought together 75 city council staff
members at its third annual meeting last fall in Boston. The Institute
helps these key aides sharpen their administrative, managerial , and
political skills.
WHAT ABOUT 1983?
General Revenue Sharing and Community Development Block Grant programs will
expire September 30, 1983, unless they are reauthorized. NLC will press --
and press hard -- for reauthorization of these popular and essential
programs. NLC will continue to lead the debates on the New Federalism and
to push for exemption from the antitrust laws and laws that uphold the
right of local governments to regulate cable television. We'll continue,
too, to bring technical assistance and training to our members -- through a
busy publications program and a year's worth of meetings on special topics,
held in convenient locations around the nation.
NLC's Policy Leadership Program will be active again in 1983, offering a
variety of regional seminars on local government cost-cutting techniques
and economic development strategies. In addition, the second annual
Council Staff Directory will be published.
Everything the League does, it does for cities. And we'll be doing a lot
in 1983.
-,M6DITOA I '
SYSTE C)
VVV SUBSCRIBER COUNT DAILY / WEEKLY REPORT
TOTAL Q 8 06 81 45/5- WEEKLY GRAND
TO DATE' M N TU ES WED THURS FRITOTAL
UNIVERSAL - Ch. 2-13 ^ ! TOTAL
TIER I - Ch. 2-43 0604
Econovision 1
/1 ,( 3 e4 till
Econo/ 1 or more prem. Pie 5 • E _ I 159
TIER II - Ch. 2-58 �T 3 5 83
Basic
2
Basic / 1 or more prem. - — -
J.
PACKAGES (CIIASKA ONLY) 3 { lL_ P -1 • �� cDa
MINIVISION - 2 prem.
MAXIVISION - 3 prem.
TOTALVISION - 7 prem.
PREMIUM
HBO Q J �1
TMC C� �/ s off. _ O�o� 0 �0�
99 MAX 1 -i • ' ' .7 cao (( 9 t
5a . 1 ( 5r
SHO ,[f ,� L, p
DISNEY
LBS. I W C L , `."g (UD
BRA ,�5 �� S 2 �
HTN t
SPECTRUM r ' 9 _ I -1 1 1 1
ADDS (DAILY INSTALLS)
145P) (0 1 I i (17 13 '73 .i3
CONNECTS
4(45 4Ba- 501 &I8 53 I .
41
DISCONNECTS (DAILY)
TOTAL ( `
2nd TV SETS ` I ' ` 33•
0233
# 1V ED
AUG 91933
CITY OF SHAKOPEE
MCNT4. \AUSX6
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SYSTEMl, t.fikO fl l
SUBSCRIBER COUNT DAILY / WEEKLY REPORT
TOTAI. 11-Z '7_ 'cs4, 17-.21-1 7-af3 /r c,,,9 WEEKLY GRAND
TO DATE MON TUES WED THURS iFRI TOTAL TOTAL
UNIVERSAL - Ch. 2-13
TIER I - Ch. 2-43
•Econovision (5 v I
^ 3
115
Econo/ 1 or more prem. 11 ' • IT W is fai_
TIER II - Ch. 2-58
Basic
11 1
Basic / 1 or more prem. '
11_ 45
PACKAGES (CHASKA ONLY) ( - C^ - Qt-i �53
MINIVISION - 2 prem.
MAXIVISION - 3 prem. ..
TOTALVISION - 7 prem.
PREMIUM
HBO h
TMC 1 0l C, ` z �' .,1. LI 19 of ,
MAX Sci , 3 10 ci 9
SHO - •
1 ( LI S'0
DISNEY 13 -• L II y 19_ 155
`
BRA 1 J 1 1 / LIS
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Li
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PE lr•, I { I I
SPECTRUM 1
I 15 ..w 1 3 ( /
ADDS (DAILY INSTALLS) �F
1 f Is 1O 15 50 L.1
CONNECTS
DISCONNECTS (DAILY)
TOTAL
ri ,
2nd TV SETS r/p iC - ta, 3 I
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PUBLIC
FINANCIAL The UN-Official Statement
SYSTEMS
Volume 1 , Number 1 July, 1983
This is the first in a series of quarterly newsletters
from Public Financial Systems. This newsletter
is our attempt to keep our clients and other local
officials informed about our activities and about
financial news that might be of interest.
WHO IS PFS? of our staff, Public Financial Systems
Raise your hand if you've heard of has been able to continually broaden
Public Financial Systems! There are the services and talents available to
sti I I a lot of you out there who don ' t serve our clients. In recent months,
have your hand up. Even after 2'-z years four new employees have joined Public
of operation we still experience some name
Financial Systems.
recognition problems. We hope that this J. Russell "Rusty" Fifield and Lisbeth
newsletter wi I I help local government A. Hi I ler bring direct municipal exper-
officials become more familiar with our ience to Public Financial Systems. Mr.
firm. Fifield has five years of local government
Public Financial Systems brings a new experience. Prior to joining Public
approach to financial advisory services. Financial Systems, he served as the
Traditionally, financial advisors have first city manager in St. James, Minne-
concentrated on the debt side of local sota. He has a master's degree in
finance, issuing bonds and related Planning from the University of Minnesota
matters. As governmental finance has and a bachelor's degree in Economics
become more complex, these services have from Fort Hays State University (Kansas) .
failed to meet the needs of local govern-
Ms. Hi I ler served as the city clerk in
ment. There has been a need for a more Amboy, Minnesota and has also worked
complete approach to advisory services. for the Blue Earth County Auditor. She
Public Financial Systems fills this gap. is a graduate of Mankato State University.
We offer local government a comprehen- These individuals expand our already
sive financial management resource.
well rounded and current knowledge of
If you have need of financial advice/ municipal operations.
assistance or simply want to talk about Garry N. Lowenthal comes to Public
our services, call us. We have the Financial Systems from a national
resources and experience to help you accounting firm. Mr. Lowenthal 's
deal with the financial problems facing financial and computer skills add to an
local government. already strong PFS analytical department.
He wi I I focus his talents on a variety
STAFF ADDITIONS of projects including fiscal impact
studies, software design/development and
Part of the growth process in any computer acquisition studies. He has
organization is the addition of new staff. degrees in accounting and business
Through the carefully planned growth taxation from the University of Minnesota.
(Continued on page 4)
BITSEi PIECES Refunding Activity Strong. Many units
Tax Collections Increase in 1982. of government have taken advantage of
According to the Commerce Clearing House, lower interest rates and the change in
the Treasury Department
state and local governments collected s position to
refinance outstanding debt in 1983.
$19.6 billion more in taxes in 1982 than Refunding bonds totaling $7.5 b i I lion
in 1981 . Property taxes continued to
be the largest source of revenue, had been issued through June. By
accounting for 31 .7% of the tax collections. comparison, only about $1 .4 billion in
Minnesota recorded the seventh largest refunding issues occurred during the same
increase, collecting 11 .6% more taxes in period last year. Refundings have
1982. accounted for over 17% of all tax exempt
financing this year.
Debt Levels Grow. Federal , state and
local governments are issuing new general BOND REGISTRATION
obligation bonds at a pace that could
exceed the record levels of 1982. A The cloud of registration has been
total of $20.9 billion in GO bonds were hanging over the tax exempt bond market
issued in 1982. A recent Commerce this year. Beginning July 1st, all new
Department study projects 1983 GO levels bonds must comply with the requirements
in excess of $21 billion. The increase of the Tax Equity and Fiscal Responsi-
stems primarily from infrastructure bility Act of 1982. A lot of uncertainty
(roads, public faci I ities, etc. ) con - has accompanied the new bond registra-
struction and repair, despite a decline tion requirements, but we are starting
in funds for the EPA wastewater grants to get a better idea of what these new
program. requirements mean to local government.
States' Financial Condition Declines. On July 6th, Public Financial Systems
A survey by the National Governor's helped the City of St. James issue the
Association and the National Association second bond issue in Minnesota to be
of State Budget Officers paints a gloomy subject to the new requirements, a $1 .6
fiscal picture for state government. million G.O. backed water revenue issue.
According to this survey, the 50 states The registration requirements had no
will finish fiscal year 1983 with a noticeable effect on the interest rate.
record low combined budget balance. The bonds sold for a net interest rate
The combined budget balance is esti - of 9.14%, 22 basis points below the Bond
mated to be 93.5% lower than at the end Buyers Index at that time.
of FY82. The picture worsens if the
state of Texas is removed. Texas stands I t will take some time before the true
to finish FY83 with a $630 million surplus, effects of registration will be known.
while the combined total for all other The process of registration will be in
states shows a $339 mi I I ion deficit. a state of change for months to come.
The actual year end figures may alter Public Financial Systems has obtained
this situation. fee schedules from various paying
agents/registrars. We analyze these
Record Activity in June. The rush to fees in relationship to each bond issue
beat the new bond registration require- on an ongoing basis and recommend
ments resulted in a new record level of action to our clients as a result of our
long term debt in the month of June. investigation.
A total of $6.7 bi I I ion of state and local
debt was issued during June in 500 bond
issues. This represents an 18% increase
in volume and a 21 .7% increase in total
issues over June 1982.
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TAXINC budgeting will entail the use of micro-
computers to monitor existing debt and
As part of his work with the Minnea- project additions based on the City 's
polis Community Development Agency, capital improvements plan.
Steve Lowenthal of our staff has designed
a computer model for the structuring COMPUTER ACQUISITIONASSISTANCE
and management of tax increment bonds
on a micro computer. With some basic One of the key issues facing many units
program information, this program can of local government is computerization.
structure and test tax increment projects Changes in technology have made computers
for financial feasibility. It can also more affordable. Computer systems are
be used to test the cash flow perform- now within the reach of almost everyone.
ance of existing projects. This increased accessabi I ity has not made
the decision to acquire a new computer
ROCHESTER STATE HOSPITAL REUSE much easier. There are still a variety
of things to consider before "taking the
Public Financial Systems is part of a plunge". Which applications should be
team studying the redevelopment options computerized? How big of a system is
for the Rochester State Hospital site. needed? What options are available?
Dan O'Neill is analyzing various These are just a few of the questions the
financing options available to Olmsted prospective computer buyer should ask.
County for the redevelopment of the
campus and the adjacent grounds.. The Public Financial Systems can help you
final step in this process will be the find your way through the maze of
implementation of a specific financing computer acquistion. We offer a combi-
plan for the redevelopment activities. nation of skills unmatched by other com-
puter consultants:
LITTLE FALLS DEBT STUDY • experience in all aspects of pub l i c
finance.
Like many other cities, Little Falls • direct, inhouse local government
has a variety of outstanding bond
experience.
issues. As the financial resources • experience in the design and devel-
available to the City begin to tighten, opment of computer software and in
it becomes increasingly important to
have a good understanding of the the proper selection of hardware
components.
financial impacts of this debt. Public This combination of skills puts Public
Financial Systems is helping Little
Falls review its existing debt. This Financial Systems in the best position to
understand your needs and to structure
study will project the special assess- a computer system that fits those needs.
ment and tax levy impacts and recom-
mend ways to better manage this debt. STAFF (from page 1 )
No surprises for the Little Falls man-
agement team! Beth Schmidtbauer is the newest member
of our staff. Ms. Schmidtbauer, a St.
MANKATO BUDGET STUDY Cloud native, wi l l handle many clerical
Public Financial Systems is currently
support services for our office.
working with the City of Mankato to
revise debt service related budget
practices. Don Perl ich is helping the
city staff review existing special
assessment and tax increment records ' " PUBLIC
and will be helping the City to develop ��IIIIIIII,•'` FINANCIAL
a better means of budgeting for future SYSTEMS
debt service needs. Part of the
63 SOUTH 9TH STREET,SUITE 402
MINNEAPOLIS, MINNESOTA 55402
TELEPHONE: (612)333-9177
(4)
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/0
' _
I. lillitilla".... 19R3
liii 1111-1-17
Ie f
ue o - 1 11in1 tesoUa cities
August 3, 1983
TO: Clerks, Metropolitan Area Cities
FROM: Ann Higgins, Staff Associate
RE: Metro Area Regional meeting
Arrangements have now been completed for the location of a meeting for
metropolitan area cities on Thursday, September 29, in Bloomington, at the
Radisson South Hotel. Please be advised that cities in Anoka, Dakota, Carver,
and Scott counties also have the option of attending a regional meeting at an
alternate nearby site that may be more convenient, and have received earlier
invitations to such meetings.
Enclosed please find a postcard on which your city may indicate the number of
officials who wish to make dinner reservations. Your city will be responsible
for the cost of each of the reservations unless notice of cancellation is
received at LMC by September 26. Cost of dinner is $12.00. A social hour
will precede dinner. Dinner is at 6:30 p.m. , and will be held in Atrium III.
The social hour will be held in the Garden Court (adjacent to swimming pool on
the street level) , from 5:30 - 6:30 p.m. (cash bar) .
AH:rmm
(OVER)
183 university enue r t, st. paul, r it'-nesota 551 01 (61 2) 227-5600
�. ..
1983 LMC/AMM REGIONAL MEETING
Radisson South Hotel, Bloomington
September 29, 1983
AGENDA
2:30-5:00 p.m. I. Round-table discussion on Local Economic Development Activities
A. Programs to Aid Small Business- Minnesota Department of Energy and
Economic Development
Atrium IV
(second level) Practical Applications to Local Approaches
B. Metropolitan Economic Development Programs
Presentations by:
Carl Ohrn, Director,Comprehensive Planning, Metropolitan Council;
William Byere, Fiscal Planner, Metropolitan Council
Discussion: Practical Assistance for Cities
C. Metropolitan Family Housing Program
Presentations by:
Nancy Reeves, Housing Director, Metropolitan Council;
Sherri Buss, Housing Planner, Metropolitan Council
Discussion: Can this metro-wide program be tailored to local needs?
5:30-6:30 p.m. II. Social Hour -Cash Bar
Garden Court (adjacent to swimming pool) -street level
6:30-7:30 p.m. III. Dinner (reservations required -see invitation from League. City responsible
Atrium III for payment of dinner reservations for city officials).
(second level)
7:30-9:30 p.m. IV. Evening Program -Atrium III
7:30-7:40 A. Welcome from Host City Mayor- Presentation by Host City concerning
local economic development activities.
7:40-7:55 B. Greetings from LMC Board of Directors
At least one member of the LMC Board of Directors will be present.
8:00-8:10 C. LMC Presentation/Slide Show
8:15-8:30 D. Presentation on Minnesota Tax Commission
8:40-8:50 E. Presentation/Slide Show by Minnesota Women in City Government
8:55-9:15 F. LMC/AMM Staff Question and Answer Period
City officials get an opportunity to quiz LMC/AMM staff on local con-
cerns, legislative outcomes, etc.
9:15-9:30 G. Closing Remarks/Door Prize Presentations
Al-I:rmm
• //
CITY OF SIIAKOPEI':
lily 1 1,D 1 NG ACT1 V1 TY itl•:POU'I' JULY, 1983
P1?l1MI '1'S ISSUED Yr. to Date 'Total Previous Year
6013 - 6038 Number Number Valuation Number Valuation
.MO. YTD.
Single Fam. -Sewered 4 32 1 ,869, 177 1 6 334,020
Single I•';rrn. -Septic 2 8 629,460 2 3 209, 500
Multiple Dwellings - 6 565, 300 2 6 528,240
(Mo.11nits) (YTD Units ) - ( 16 ) (4) ( 18)
Dwelling Additions 8 39 557, 798 11 32 214,213
Other - 2 23,000 • - 3 73, 780
Business District - 3 30, 500 - - -
Agricultural - - - - _
industrial -Sewered - - - - - -
Industrial -Septic - - - - - -
Accessory/Garages 4 22 146, 179 6 21 122 ,350
Signs*ns & Fences 7 31 45, 317 6 24 31 ,646
1•' i re p l ace:,/'/,)t)d ;; Love - 6 18,025 - 4 4,955
Grading/Foundation 1 9 90,884 1 2 11 , 165
Remodeling (Res. ) 3 12 22,163 4 16 50,400
Remodeling ( Inst . ) - 1 100,000 - - -
Ilernodeling (Other) 2 10 114,615 1 12 699,048
TOTAL TAXABLE 31 190 4, 112,206 36 141 2 ,279,317
'L y'i'n1, INST ITUT1CNAL - 1 100,000 - - -
GRAND TOTAL
rnl, 31 191 4, 212,418 36 141 2,279,317
MO. YTD. MO. YTD .
Variances - 9 4 10
Conditional Use - . 5 2 11
Re-Zoning - - - -
Moving - - - -
Electric Permits 36 119 16 75
Plmbg. & Htg. Permits 18 116 27 81
Razing Permits
Residential - - - -
Commercial - - - -
Total dwelling units in City after completion of all construction permitted
to date 3 ,633
Cora Underwood
Bldg. Dept . Secretary
1
i
CITY OF SHAKOPEE
BUILDING PERMITS ISSUED IN JULY, 1983
6013 John Bjorklund 2326 Pike Lake Rd. House $ 90,000
//5-- ,.7c.; 9
6014 Jeff Kelzer 140 W. 3rd Ave . Alt . 300
6015 Thomas Petersen 122 N. Pierce Stg. Bldg. 2 ,016
6016 Allie Cook 1016 Shawmut Fence 1 , 500
6017 Laurent Bldrs . 1971 W. 13th Ave . _`House 52 , 300
c >/ ,''G'� 'y1-` )41 e'e 5--
6018 Charlie Ries 1028 Minnesota 0 Garage 7 ,050
6019 Olympic Pools 1921 E. Shakopee Ave . Addn. 9 ,000
6020 Duaine Wood 1800 W. 13th Ave . Addn. 1 , 296
6021 Michel Swanson 856 Minnesota Addn. 350
6022 Ronald Scherer 306 E. 2nd Ave . Addn. 6 ,000
6023 Lawrence Beckett 1005 Merrifield Addn. 4, 700
6024 Leland Maidment 1017 Naumkeag Alt. 7 , 200
6025 Larry Link Co. Rd. 77 & 17 Fill
6026 Laurent Bldrs . 519 E. 8th Ave . Addn. 6,000
6027 Don Zappa 237 E. 1st Ave . Alt. 1 ,975
6028 Vogel Outdoor Ad. 327 Marschall Rd. Sign 10,000
6029 Laurent Bldrs . 1053 Prairie St . House 54,400
6030 Attracta Sign /� 1 7 W. 1stAve..-' Sign 1 ,290
6031 Deutsch Const . 1853 W. 13th Ave. House 63 , 700
6032 LeRoy Signs 312 W. 1st Ave.d Sign 700
6033 Ed Hennen 830 Prairie St . House 52,400
c c', %/ ":';?..a- -c-e_G.r- /S/"
6034 Laubach Const . 3827 Eaglewood Dr. House 110,000
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6035 John Vohnoutka 1650 W. bth Ave . ' Alt . 485
6036 Arkay Const . 7700 Hwy 101 Alt . 80,000
6037 Jefferson Carpentry 829 Lewis St . Garage 9 , 500
6038 Orval Olson 680 Jackson St . Stg. Bldg. 1 , 700
6039 MN Valley Fence 641 Menke Ave . Fence $ 2 , 700
6040 Midwest Fence co. 706 E. Third Ave . Fence 750
6041 Chester Isakson 1044 S . Scott Addn. 3, 200
6042 Darwin Dayland 1704 S . 90th St . Addn. 1 , 500
6043 Signcrafters 409 E. 1st Ave . Sign 200
$582 , 212
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:)
MINUTES OF THE
SHAKOPEE PUBLIC UTILITIES COMMISSION
(Adjourned Regular Meeting)
The Shakopee Public Utilities Commission convened in adjourned regular session
on July 13, 1983 at 4:30 P.M. in the Utilities meeting room.
Commissioner Bishop offered a prayer for divine guidance in the deliberations
of the Commission.
MEMBERS PRESENT: Commissioners Bishop, Kirchmeier, and Cook. Also Manager
Van Hout, Superintendent Leaveck, Liaison Wampach and Secretary Menden.
Motion by Kirchmeier, seconded by Cook that the minutes of the June 2, 1983
regular meeting and June 30, 1983 regular meeting be approved as kept. Motion
carried.
The past due water and sewer bill for an apartment owner in Shakopee was discussed.
The charges will be turned over to the City Council with the request that they be
assessed on property taxes for collection.
Manager Van Hout brought before the Commission a proposal from the City Codifier
to assess property owners for the past due accounts of renters who have skipped
owing a bill. The proposal will be looked into in more depth.
Councilman John LeRoux, City Administrator John Anderson and Engineering Technician
Steve Hurley were .present to discuss joint needs of a computer.
Motion by Cook, seconded by Bishop that the Shakopee Public Utilities Commission
send a representative to attend the assessment needs study concerning a computer system
for the Shakopee Public Utilities Commission and/or the City. Motion carried.
A memo from Jean Andre regarding the removal of electric lines north of Levee
Drive as part of a grant request for a park proposal.
Motion by Cook, seconded by Kirchmeier that the Shakopee Public Utilities Commission
declines to participate in the financing of the buring of the electric lines north
of Levee Drive for the Huber Park Trail improvements and that we recommend to the City
Council to not include the burying of the power cables as part of their grant request.
Motion carried.
Motion by Kirchmeier, seconded by Cook that the bill by O'Connor and Hannon be
allowed and ordered paid.
The truck remount bids were brought before the Commission by Superintendent Leaveck.
Motion by Kirchmeier, seconded by Cook to award the truck remount bid to ABM
Equipment and Supply Co. in the amount of $4,644.00. Motion carried.
Commissioner Kirchmeier questioned the status of the light to be installed on
the Marystown Road at 12th Avenue.
1
Manager Van Hout informed the Commission the status of the negotiations with
Minnesota Valley Electric Cooperative.
Manager Van Hout reported on the electric lines being installed to service the
Sand Pointe Subdivision.
Manager Van Hout brought before the Commission a complaint on water from some
residents on West 8th Avenue. The Commission was questioned as to whether we wanted
to pursue some looping in the area to clear up the water problems being causes by the
dead ends in the area.
Superintendent Leaveck reported 3 fire calls for a total of 53 minutes.
There were no loss time accidents for the month of June, 1983.
The next regular meeting will be held on August 1, 1983 at 4:30 P.M. in the
Utilities meeting room.
Commissioner Kirchmeier questioned some changes that were made in insurance
policy limits. Manager Van Hout will look into these changes to see how they will
affect the Shakopee Public Utilities Commission.
Motion by Kirchmeier, seconded by Cook that the Shakopee Public Utilities Commission
go on record in favor of purchasing an umbrella liability insurance policy as soon
as possible. Motion carried.
Motion by Cook, seconded by Kirchmeier that the meeting be adjourned. Motion
carried.
•
•
Barbara Menden, Commi ion Secretary
UNAPPROVED PAGE 1
•
MINUTES
Ii"` DUSTRIAL CCMMERCI AL COf'if'1ISSIOP
Shakopee , MN June 15, 1983
The Industrial Commercial Commission was called to order at
5 : 10 p.m. by the Chairman Paul Uermerskirchen in the Council
Chambers in City Hall.
Members Present : Paul Uermerskirchen , Chairman
Al Furrie
Jane Du 5ois
John Manahan
Jim O 'Neill
fill Uermerskirchen, Sr. , Chamber Liaison .
Member Absent : Gary Eastlund
Guests Present : Dennis E . Palmer, 'Tarr Engineering •
John I . ',nderson, City ,administrator
ScSpurrier , City Engineer
MINUTES
The Minutes of the ICC Meeting of Tay 25 , 1983, were approved
by a motion made by .Al Furrie , seconded by Jane Du_ois .
STORM SEWER, fECDMMENDATICNS
John K. Anderson introduced Dennis E. Palmer, Darr Engineering,
and commented on the review of the Feasibility Report for the
Holmes Street Casin Laterals , April, 1983 requested by the City
of iir. Palmer. Dennis Palmer presented his opinions of the
Feasibility Report and design criteria contained in it. He
stated he ag're ' with the general policies and commended the
City for its effort to specify design criteria. He pointed
out the policy question of level of service to property owners
or the level or risk of inconvenience .
I �
page 2
ICC
June 15, 1983
The Chairman asked John flanahan to report on his discussions
with 20 Spurrier pursuant to John Manahan offer at the flay 25,
1983, meetino. John flanahan summarized two items : 1) the effort
is to establish criteria for storm sewers with City Council support,
and 2) this is a relatively new approach in municipalities . He
described his opinion of the runoff coefficients as the critical
element in the criteria , and that residential and commercial
properties could be designated differing runoff coefficients,
such as , residential at two years and commercial at 5 years .
He identified two tasks for the ICC to undertake : 1) accept
design criteria, and 2) recommend the two and five year plan
(residential and commercial , respectively) .
Furrie conveyed the questions and comments expressed by
car'.• Eastlund who had to be absent this eveninn. There followed
general_ discussion of the design and purpose of trickle channels
within open drainage channels in the industrial park .
There was considerable discussion of the status of the design
criteria once approved by the City Council, such as nuidelines ,
codified rules , statutes , standards , etc. It was understood
that the design criteria would be policy ouidelines for staff
to uti;iee . There wee- concern expressed that these criteria
ca used to evaluated projects but that flexibility should still
to evei '.ablo. o ::spurrier explained that ouidelines do not
nuarantee exceptions but do ellou flexibility if needed.
3111 '.Jermerskirchen, _1r. , inquired about changes in City
assessing policies for storm sewers and brief discussion
fo ' l.owed.
It was the General concen: us of the ICC members that it is a
great advantage to the City to have 2 stated engineering design
criteria for storm sewer Projects .
John Manahan moved, seconded by 11 Furrie , to recommend to the
City Council to adopt a resolution of the general design criteria
es set forth in the Feasibility Deport for the Holmes Street
Yasin Laterals , April, 19'33 to be used by the City Engineer as
cuidelines for future storm sewer development in the City of
Shakopee. Motion carried. Jim D ' eill abstained.
John Manahan moved, seconded by Jane Du°ois , to recommend to
the City Council to adopt e policy of the level of service for
storm sewers in the future to be desioned at 2 year recurrence
frequercv for residential properties and five year recurrence
frequency for commercial. properties. Motion carried. Jim D' eill
abstained.
U";'.PPRUVED
page 3
ICC
June 15, 1983
.1JARD TO JIN O' EILL
The Chairman presented an award plaque to Jim O 'Neill, a six year
ICCmember and past Chairman of the ICC in appreciation of his
good service with the ICC and for the City of ,hakopee. The ICC
members and guests applauded.
3ROCHUPE
Jane Dubois reported on further photo acquisition problems ,
and anticipates a July 1st printing.
STAR CITIES PRDGRi',f'
John ilanahan reported he has received a great dea '. of material
from the Shakopee Development Corporation and expects to take
two months to review it. '. 1 Furrie offerred to aid John Manahan
in the review of the m �teria ? s .
ADJOUR dElENT
On a motion made by Jim O 'Neill, seconded by John C,anahan ,
the ICC meetino was adjourned at 7: 00 p .m.
Respectfully submitted,
Glenda D. ipiotta
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TENTATIVE AGENDA
ADJ .REG.SESSION SHAKOPEE, MINNESOTA AUGUST 16, 1983
Mayor Reinke presiding
1 ] Roll Call at 7 :00 PK
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. )
3'5] Approval of Minutes of August 2nd and 5th, 1983
6] Communications :
a] Sister Agnes Otting, St.Francis Regional Medical Center re: a
request for blacktopping of alley
b] James H. Lindau, Port Authority of City of Bloomington re : the
.establishment of a metropolitan Foreign Trade Zone
c] Fred G. Moore, SRA Board Member re : assessment to members
7] Public Hearings: None
8] Boards & Commissions:
a] Planning Commission re: accessory apartments in R-2 urban residential
zone
9] Reports from Staff:
a] Purchase of a street sweeper
b] JEJ Drainage of abandoned railroad right-of-way - authorize rebidding
memo on table
c] Funding of MECS Promotion
d] Deferred Charges for Watermain & Service Road - Hauer' s Add'n. area
e] Shakopee Housing Co. , City of SHakopee and Clete Link Agreement
Regarding Porperty at CR 17 and 4th Avenue
f] Road Way East of Viking Steel
g] Authorize payment of bills in amount of $257, 292. 23
h] Executive Session of City Council July 25th, 1983
i] Vacating Certain Roadways - discussion only
10] Resolutions and Ordinances:
a] Ord. No. 131 , Enacting New Animal Control Provisions
11 ] Other Business:
a]
b]
c]
12] Adjourn to Tuesday; August 23rd, 1983 (for a worksession on the 1984 budget)
John K. Anderson, City Administrator
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 2, 1983
Mayor Reinke called the meeting to order at 7:00 P.M. with Cncl. Wampach, Lebens,
Colligan and Leroux present. Cncl. Vierling was absent. Also present were Judith
S. Cox, Acting City Admr. ; Jeanne Andre, Admin. Ass't. ; Julius A. Coller, City
Attorney; H. R. Spurrier, City Engineer.
Leroux/Wampach moved to recess to conduct an HRA meeting. Motion carried
unanimously.
Colligan/Wampach moved to re-convene at 7:31 P.M. Motion carried unanimously.
Liaison reports were presented by Councilmembers.
Leroux/Colligan moved that the City Council send out letters asking for action to
encourage development of the By-Pass, to be sent to the Governor; Mr. Braun, Dis-
trict 5 MnDOT; Mr. Joachim, representative on Met Council; Senator Schmitz and
Representative Dimler. Mayor Reinke said he would also talk with the Scott Connty
Board to encourage them to keep the project active. Motion carried unanimously.
Mayor Reinke asked if there was anyone present in the audience who wished to ad-
dress the Council on any item not on the agenda, and there was no response.
Leroux/Lebens moved to make a correction on the minutes of July 19, 1983, in the
6th paragraph, to refer to minutes of July 12, not July 21. Motion carried with
Cncl. Colligan abstaining because of his absence at that meeting.
Leroux/Lebens moved to approve the minutes of July 19, 1983 as corrected and the
minutes of July 25, 1983. Motion carried with Cncl. Colligan abstaining.
Colligan/Wampach moved to accept the resignation, with regrets, of Jerry Neisen
from the Shakopee Park Department. Motion carried unanimously.
Leroux/Colligan moved to direct staff to send a letter to our Legislators and the
Department of Revenue in support of an alternative method which would determine
each City's proportional share of any shortfall based on its preliminary aid factor,
regarding the proportional reduction of 1984 LGA. Motion carried unanimously.
The City Planner gave the background regarding the appeal by the City Engineer of
the Planning Commission action granting a Conditional Use Permit for fence height
to Steve Wermerskirchen. He stated that although the Conditional Use Permit was
required for the variance in height of the fence, the real issue is the placement
of fence to allow adequate sight lines at the intersection.
Colligan/Leroux moved to open the public hearing regarding the appeal from the
Planning Commission's granting a Conditional Use Permit for fence height. Motion
carried unanimously.
Discussion followed by Councilmembers regarding various alternatives for placement
of the fence such as moving one end of the fence and making more of an angle.
The City Planner said that Bev Koehnen, one of the Planning Commissioners, asked
him to make a comment on her behalf that she was under the impression that this
fence completely closed in the yard and therefore would provide further safety for
the young Wermerskirchen child. She felt that was a factor in her approval of the
variance.
The City Engineer said he came to the decision to appeal this action after talking
with the City Attorney. He asked the City Attorney for an opinion on the difference
in liability of the City in the event someone was injured at that intersection, when
the City takes a positive action to create an obstruction to the visibility of the
traffic on CR16. The City Attorney told him the increased jeopardy on a scale of 1
to 10 is probably between 3 and 4. He said anytime the City is doing something to
increase its liability, he feels that is a decision the City Council should make,
and that is why he felt it was his responsibility to bring it to the Council's
attention. He said he disagrees with the County Engineer and the Assistant Police
Chief about the sight lines. He said he realizes his recommended setback leaves a
lot of property out on the boulevard, but he doesn't believe that is a particular
hardship, because corner lots are platted larger just for that reason of allowing
for increased setbacks.
r
Shakopee City Council
August 2, 1983
Page 2
Mayor Reinke asked about what difference it would make if the applicant had planted
trees or shrubs instead of a fence for a border. The City Engineer said the Code
allows the City to require plantings trimmed to the same sight height. He said the
City hasn't consistently enforced that, but it should.
Steve Wermerskirchen said he wants this fence for privacy and also for safety for
his child. He said he plans to enclose the rest of the yard next year with chain
link to keep his child off CR16, where the traffic is increasing.
Tony Notermann said he is representing Steve Wermerskirchen in this matter. He said
at this point the City Planner and City Engineer said they are comfortable with
any City Council action. He said Mr. Wermerskirchen is only required to move the
fence back 12 feet, but because of the cost involved in the sections, he has agreed
to move it back a full 8 foot section, which makes it 38' off the setback. He
asked the City Engineer about his assumption that traffic moves at 60m.p.h. on
CR16. The City Engineer said that when a speed check was made 2 years ago, that is
the speed the traffic was moving. He pointed out that if a vehicle is breaking the
law by speeding when an accident occurs, his rights are much less. The City Attorney
replied his rights are less, but there still could be a suit involved. Mr. Notermann
discussed with the City Engineer times for stopping and sight lines and the formula
used. He said variances are given all the time for justifiable reasons. He said
Mr. Wermerskirchen just wants some privacy and he can't see why the Council wouldn't
back the Planning Commission action. He said anyone can sue, but they still have
to win. The City Attorney commented that is true, but the City could make it easier
or harder for someone to win.
Mr. Wermerskirchen said that when he first started the fence, he thought he was on
his own property, as he thought the right-of-way was 30 feet, not 50 feet. The
fence would be put back 58 feet, not 38 feet. After he found out he was on the
County right-of-way, he took down that fencing right away.
The City Engineer further explained the formula used for sight lines. He said he
has to be consistent in applying the criteria.
Mr. Wermerskirchen said there are only 13 houses in this addition, and there is
another entrance, so probably only half use this intersection near his house. He
said everyone he knows in the addition supports his fence placement. He said there
are a lot more dangerous intersections in town and also at CR83. He said if the
fence is any lower than 72 feet it would do no good at all, because of the topo-
graphy of the- lot. He said he plans to hide wood and fishhouse behind the fence
to make his lot more attractive.
Mayor Reinke asked if there were any comments from the audience.
Bev Koehnen said she made the motion for approval of the variance with the protec-
tion of the child in mind.
Mr. Wermerskirchen said he would be willing to sign something stating he will chain
link the rest of the yard. More discussion followed.
Joe Stark said he is a neighbor of Mr. Wermerskirchen and he can see nothing but
benefit from the fence to the entire neighborhood. He said the property inclines,
so he can see the need for the additional height.
Mr. Notermann said it is a matter of differing opinions between engineers, and the
County is more responsible for the area, and the City Engineer is speculating on
problems. Mr. Notermann stated that if the Council would be willing to accept a
setback of an additional 8 foot section of fence, Mr. Wermerskirchen would be willing.
to do that. That would be 60 feet off the road, or 92 feet off the property line.
Leroux/Wampach moved to close the public hearing. Motion carried unanimously.
Colligan/Leroux moved to approve the Conditional Use Permit for a 72 foot high fence
with the condition the fence be setback at least 91 feet from the south property
line, for the total frontage on CR16. Motion carried unanimously.
Leroux/Colligan offered Ordinance No. 129, Fourth Series, An Ordinance of the City
of Shakopee, Minnesota, amending the Shakopee City Code, Chapter 4, entitled "Con-
struction Licensing, Permits and Regulations" by Repealing Subdivision lA of Sub-
division 1 and Enacting a New Subdivision lA of Subdivision 1 and by Adopting by
Reference Shakopee City Code,Chapter 1 Entitled "General Provisions and Definitions
Applicable to the Entire City Code including Penalty Provisions" and Chapter 4.99
•
Shakopee City Council
August 2, 1983
Page 3
Penalty Provisions, and moved its adoption . The Acting City Admr. summarized the
ordinance.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Leroux/Colligan offered Ordinance No. 130, Fourth Series, An Ordinance of the City
of Shakopee, Minnesota, amending the Shakopee City Code Chapter 11, Entitled "Land
Use Regulation (Zoning)" by Adding a New Provision to Section 11.05 Subdivision 4
entitled "Fences" and by Adopting by Reference Shakopee City Code, Chapter 1, Sec-
tion 4.99, Which Among Other Things Contain Penalty Provisions, and Section 11.99
Entitled "Violation a Misdemeanor", and moved its adoption. The Acting City Admr.
summarized the ordinance.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Wampach/Leroux moved to approve the application and grant an off-sale non-intoxi-
cating malt liquor license to Pnd, Inc. , 409 East First Avenue, beginning August
3, 1983, upon surrender of the existing license. Motion carried unanimously.
Colligan/Wampach moved to allow the Thrift Shop to expand the Eagle Creek Townhall
by adding 20 feet to the north of the building.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Leroux/Colligan moved to waive the building permit fee and charge only the Build-
ing Official's time for the expansion of the Eagle Creek Townhall by the Thrift
Shop. Motion carried unanimously.
The Admin. Ass't explained the changes in some of the numbers for funding for Huber
Park Trail inprovements. She said the City hopes that some of the 50% matching
funds will be provided by private local donations, but the preliminary applica-
tion for funding states the matching funds will come from the Park Reserve Funds
because the local agencies have not been contacted yet. She said the Park Reserve
Fund does have that amount in it, budgeted over the next 5 years. At the request
of Cncl. Leroux she said she could provide a site plan for Council at the next
meeting. Consensus was to not approach local organizations for donations until
after the City is preliminarily approved and the final application is submitted.
Colligan/Wampach moved to authorize City officials to prepare and submit proposals
for funding to the Lower Minnesota Watershed District in the amount of $30,000
and the fiscal year 1984 Land and Water Conservation/Legislative Commission on
Minnesota Resources Grant Program in the amount of $114,900, with local contribu-
tions of up to $87,450 from park reserve funds and/or local donations.
Roll Call: Ayes; Unanimous Noes;None Motion carried.
Colligan/Leroux moved for a five minute recess at 9:05 p.m. Motion carried
unanimously.
Colligan/Lebens moved to re-convene at 9:14 p.m. Motion carried unanimously.
Discussion was held regarding the rejection of all bids submitted for the JEJ Add'n
drainage of former Chicago, Milwaukee, St. Paul and Pacific Railroad right-of-way,
because they were so high. The City Engineer explained that the low bid is defec-
tive because it was not accompanied by the specified bid bond. Discussion followed
regarding reasons for the cost over-run, compared to the estimate. The City Engi-
neer said the original cost estimate of 1981 was not revised for the 1983 project
and there were also additional quantities required which were not included. The
other factor could have been the timing of the opening of bids. Discussion followed.
The City Engineer said he does not have all the easements and waivers signed yet.
He doesn't expect any problem getting them, and doesn't know why they aren't all in.
Leroux/Wampach moved to reject all bids on the railroad right-of-way drainage area
for the JEJ Addition, which were Crossings, Inc. ; F.F.Jedlicki, Inc. and D.J. 's
Excavating. Motion carried unanimously.
Leroux/Wampach moved to direct the City Engineer to send a letter to the property
owners affected by the proposed JEJ drainage project informing them that the City
will not proceed to get new bids or go any further until all waivers of contract
and easements are signed and in-house.
Leroux/Wampach moved to amend the motion to inform these property owners that if
the contracts are not able to be let by April 1, 1984, the project will be dis-
continued. Discussion followed.
Shakopee City Council
August 2, 1983
Page 4
Motion to amend carried with Cncl. Colligan opposed.
Main motion as amended carried with Cncl. Colligan opposed.
Colligan/Leroux moved to declare the following property surplus and to be sold
at auction:
1. 1976 Ford Granada #6W81L167313
2. 1974 International Scout #IH4S8L0DGD33925
3. Air Compressor (10 gallon)
4. 7' x 9' Stake body
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Cncl. Leroux asked if the State Statute limited the liability of public officials
and employees to $300,000. The City Attorney said he would have to research that.
But he suggested if there were a lot of questions regarding insurance, Council
should ask the Capesius Agency to be present to answer them. Mayor Reinke asked
if the workmen's compensation for public officials cover them for their Council
salary or regular job salaries.
Leroux/Colligan moved to table these insurance questions until a special meeting
is called with the Capesius Agency and the Finance Director, and the Ass't City
Attorney, if necessary, present to answer questions. Motion carried unanimously.
Lebens/Leroux moved that bills in the amount of $502,952.70 be allowed and ordered
paid.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Leroux/Wampach moved that when Council adjourns, it adjourn to Friday, August 5,
1983 at 5:00 p.m. for a special meeting. Motion carried unanimously.
Colligan/Wampach moved to approve the payment of $93.62 to Jeanne Andre for travel/
subsistence reimbursement.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Discussion ensued regarding the proposed control ordinance with reference to dogs.
The City Attorney asked for direction as far as what Council wanted to include.
Consensus was the intent is primarily for dogs and the area controlled should be
any property other than the dog owners. The City Attorney will bring back a pro-
posed ordinance at the next regular meeting.
The City Attorney explained the processes involved in prosecuting gross misdemeanor
violations. He said he, the Ass't City Attorney and Police Chief Brownell all sug-
gest that Scott County prosecute all gross misdemeanors.
Leroux/Lebens moved to direct the appropriate City staff to contract the Scott
County Attorney's office and prepare a draft agreement between the City of Shakopee
and Scott County outlining which jurisdiction will prosecute gross misdemeanors
in 1984. Motion carried unanimously.
Leroux/Colligan moved to keep the Municipal Pool open an additional week past
August 14, 1983, and beyond that to close at the discretion of staff. Discussion
followed.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Leroux/Colligan moved to reconsider Resolution No. 2146, A Resolution Abating An
Assessment Against a Certain Parcel for the County Road 16 Utilities Improvement
No. 1980-4. Motion carried unanimously.
Leroux/Wampach offered Resolution No. 2146, A Resolution Abating An Assessment
Against a Certain Parcel for the County Road 16 Utilities Improvement No. 1980-4,
and moved its approval. Motion failed unanimously.
Wampach/Leroux moved to reconsider the motion of July 19, 1983 directing staff to
put Mr. John Nelson's unpaid water and sewer bill on his taxes payable in 1984, and
to apprise him of this situation, and inform Mr. Nelson he has until October 10,
1984 to pay it before it will be certified to the County Assessor. Motion carried
unanimously.
Cncl. Colligan stated that because of his absence, he did not have a chance to ad-
dress this item. He feels that putting this bill on the tax rolls is not fair.
He would rather have Mr. Nelson notified that he can give an explanation to Council,
but if it is not acceptable, his water will be shut off.
Shakopee City Council
• August 2, 1983
Page 5
Considerable discussion followed, centering on whether or not the City has the
right to shut off someone 's utilities, or if that is only the privilege of SPUC.
There was also some confusion about whether or not Mr. Nelson had paid his water
bill. The City has no way to discontinue sewer services.
The City Attorney advised that if the City wanted to shut off any services, in
order to comply with due process it should notify Mr. Nelson that if he does not
show due cause to Council at its meeting of a certain date or pay his water and
sewer bill by that date, the services will be shut off the following day. He said
he believes the City can dictate to SPDC a date when services can be shut off.
The Acting City A dmr. was directed to check to find out the exact outstanding bill
of Mr. Nelson, to be brought back at the next special meeting of Council. The
City Attorney was directed to research the relationship between the City and SPUC
regarding the control of services.
Leroux/Lebens moved to table consideration of Mr. Nelson's unpaid utilities until
the next special meeting of Council, when more information will be available.
Motion carried unanimously.
Colligan/Wampach offered Resolution No. 2147, A Resolution to Initiate the Vacation
of the Public Alley in Block 9, According to the Plat of East Shakopee, Scott
County, Minnesota, and moved its adoption.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Colligan/Wampach moved to remove Ordinance No. 122, Amending Chapter 3 of the City
Code on Municipal and Public Utilities, from the table.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Roll Call on Ordinance No. 122: Ayes; Unanimous Noes; None Motion carried.
Discussion followed regarding an action to take relative to the special meeting
held July 25, 1983.
Colligan/Leroux moved to direct staff to contact the State Auditor's Office to ask
them for a statement that the records kept by Mel Lebens, former City Recorder,
were accepted accounting practice at that time, and also to ask for a supporting
letter from Jerome Jaspers & Co. It was also suggested that the Jaspers Co. make
one visit to,the State Auditor, if required, at no charge to the City. Motion
carried with Cncl. Lebens abstaining.
Colligan/Wampach moved to contact Jerome Jaspers & Co. and ask them to send a let-
ter and make one visit to the State Auditor at no charge to the City. Motion
carried unanimously.
The City Attorney reported he has now received the deed for the Milwaukee Railroad
property in Lots 3 and 4, Block 52, Original Plat. He will now proceed to register
title and contact the local Girl Scounts as previously discussed.
The City Engineer explained the proposed assessment policy for street rehabilitation.
Cncl. Lebens questioned the proposed policy of making 36 feet the typical local
street, with oversizing to be 100% assessed. Consensus was to replace streets at
whatever width is existing, but new streets could be at 36 feet wide.
The City Engineer further explained the corner lot policy proposed.
Cncl. Lebens leaves at this point, 11:10 p.m.
The City Engineer also explained the last alternative proposed, wherein all improve-
ments would be considered at once and 20,% would be assessed based on the 40% resi-
dential assessment for the street upon which the home faces. Further discussion
followed.
Leroux/Colligan moved to direct staff to prepare and take into consideration the
last alternative mentioned in the memo dated July 27, 1983 from the City Engineer
and City Admr. , and expand to bring back more information on it.
Leroux/Colligan moved to table consideration of Street Rehabilitation Alternative
Policies, to be brought back with more information regarding Council's questions.
Motion carried unanimously.
Shakopee City Council
August 2, 1983
Page 6
Cncl. Wampach said he was asked by SPUC if a street light will be put in at CR15
and 12th Avenue. He said it has been requested, and they would like it put on the
agenda to get an answer on it one way or the other. He said there is also a re-
quest for a street light at 4th Avenue and CR83.
Colligan/Wampach moved to adjourn. Motion carried unanimously. Meeting adjourned
at 11:24 P.M.
Judith S. Cox
City Clerk
Nano S. I3uuch
Recording Secretary
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ. REG. SESSION SHAKOPEE, MINNESOTA AUGUST 5, 1983
Mayor Reinke called the meeting to order at 5:19 p.m. with Cncl. Colligan, Leroux
and Wampach present. Cncl. Lebens and Vierling were absent. Also present were
Judith S. Cox, City Clerk and Gregg Voxland, Finance Director.
Colligan/Wampach moved to remove the Public Officials and Employee's Liability
Insurance from the table. Motion carried unanimously.
Discussion ensued on whether to renew the insurance with International Surplus
Lines for one year or for three years because of the savings in premium on a
three year prepaid policy. There was discussion also on whether or not to go
out for bids for the insurance. Since the current policy expires August 15th,
concensus was to renew the policy for one year.
Colligan/Wampach moved to accept the quote of International Surplus Lines for
Public Officials and Employee's Liability Insurance for a one year policy in
the amount of $2,442.00 + 3% Surplus Lines Tax. Motion carried with Cncl.
Wampach opposed.
Discussion ensued on the unpaid sewer and water bill of John Nelson for the
period September 20, 1982 thru December 17, 1982 for the apartment building at
County Road 17 and Shakopee Avenue.
Leroux/Wampach moved to remove from the table the motion directing staff to put
Mr. John Nelson's unpaid water and sewer bill on his taxes payable in 1984, and
to appraise him of this situation, and inform Mr. Nelson he has until October 10,
1984 to pay it before it will be certified to the County Assessor. Motion
carried unanimously.
Leroux/Colligan moved to amend the motion by adding, that the City charge interest
at the highest legal rate from the date of delinquency of Mr. Nelson's sewer and
water bill until paid in full and also to charge a legal administrative fee.
Motion carried unanimously.
Motion carried unanimously on main motion as amended.
Wampach/Leroux moved to request Shakopee Public Utilities Commission to check the
water meter at Mr. Nelson's apartment, County Road 17 and Shakopee Avenue, at the
expense of SPUC, for the future protection of the City. Motion carried unanimously.
Colligan/Leroux moved to direct staff to include in the 1984 fee resolution a
fine for delinquent sewer bills and request SPUC to consider adopting a fine for
delinquent water bills. Motion carried unanimously.
Colligan/Leroux moved to adjourn to August 16, 1983 at 7:00 p.m. Motion carried
unanimously. Meeting adjourned at approximately 6:15 p.m.
Judith S. Cox
City Clerk and
Recording Secretary
(to )
St. Francis Regional Medical Center
325 West Fifth Avenue, Shakopee, Minnesota 55379 • (612) 445-2322
July 18, 1983 `
ril
Mayor Eldon Reinke
J G'L 2 81983
City Hall
129 East First Avenue C TY OF SHAKOPEE
Shakopee, MN 55379
RE: Request to blacktop alley of Block 59
Dear Mayor Reinke:
St, Francis Regional Medical Center has parked the Ambulances in a garage
which accesses the alley at Block 59. Block 59 is directly west of the
hospital . Over the years, our paramedic staff has raised a concern that
the run from the Emergency Room to the ambulance garage presents a safety
hazard in the winter. Many times our staff have slipped and twisted
ankles in the alley. These incidences could be minimized if the alley
were blacktopped. The city would also be able to do a better job of
removing snow in the winter allowing safer and faster access of the
rig to Scott Street.
Another chronic problem which would be resolved if the alley were
blacktopped is the dust problem in the summer. This problem is
exacerbated by the relatively high traffic load.
We have worked diligently with the city and our neighbors over the
past five years to resolve the problems that are created with a
developing hospital being located in a highly densely populated
residential neighborhood.
I would like to take this opportunity to respectfully request that
,the City of Shakopee blacktop this alley as a gesture of good will to
the hospital .
As one of Shakopee's largest employers and widely recognized as a
true asset to the community, we greatly appreciate your consideration
of our request.
Sincerely,
Sister Anes Otting
Executive Director
SAO:hme
cc: Judge Harold Flynn
Sponsored by the Franciscan Sisters of Saint Paul,Minnesota
PORT AUTHORITY of the CITY OF BLOOMINGTON, MN
2215 West Old Shakopee Road • Bloomington, Minnesota 55431 • Phone:887-9680
August 2, 1983
The Honorable Eldon Reinke
Shakopee City Hall
129 East First Avenue
Shakopee, Minnesota 55379 y w °
Dear Mayor Reinke:
I wanted to let you know of recent actions taken by the
Bloomington Port Authority to establish a metropolitan Foreign
Trade Zone near the Minneapolis-St. Paul International Airport.
As you may know, for the past few months the Port Authority has
been exploring the concept of a Foreign Trade Zone in order to
determine if it would be beneficial to the metropolitan area.
After considering the idea, contacting other Zones, and visiting
Zones in other parts of the country, we have become aware of the
potential benefits of the Zone and have decided to work toward
establishing a Foreign Trade Zone locally.
The proposal we have developed involves a Zone site which
includes property located adjacent to the south to the Airport,
and a parcel of land on the Airport premises proper. In addi-
tion, federal regulations permit establishing multiple sites and
subzones at other locations. Initially, the Zone would be
operated by Midwest Airfreight Shipper' s Association (MASA) ,
which is a shippers ' cooperative engaged in air and surface
freight. MASA has over 200 members, some of which have already
expressed an interest in becoming Zone users .
The Port Authority has prepared and approved a Foreign Trade
Zone application and has forwarded it to the Bloomington City
Council for review. The application will be submitted to the
United States Foreign Trade Zones Board at the earliest possible
date.
The Port Authority believes that a Foreign Trade Zone would
be an asset to the entire metropolitan area. The concept we have
developed is especially strong because of the large amount of
available land near the Airport and the involvement of MASA. The
enclosed letter, which is the cover letter that will accompany
our application, explains the concept in greater detail.
Page Two
August 2, 1983
I wanted to inform you of these developments because par-
ticipation and support by community leaders throughout the metro
region will make the Zone more active and successful and will
result in a Zone that benefits the entire area. Please feel free
to contact the Port Authority if you have any questions or com-
ments about this matter.
Very truly yours,
Fames H. L in' au
JHL:ndr
Enclosure
PORT AUTHORITY of the CITY OF BLOOMINGTON, MN
2215 West Old Shakopee Road •Bloomington, Minnesota 55431 • Phone:887-9680
July 22, 1983
The Honorable Malcolm Baidridge
Secretary of Commerce
Chairman •
Foreign Trade Zones Board
U.S. Department of Commerce
W?shington, D.C. 2n230
c/o Executive Secretary, Foreign Trade Zones Board
Dear Mister Secretary:
The Port Authority of the City of Bloomington hereby submits
its application to establish a Foreign Trade Zone.
The Bloomington Port Authority was established by the City of
Bloomington for the purpose of promoting development within the
port district, which is the city. Pursuant to Minnesota
Statutes, Section 458. 192, a port authority is authorized to
apply to the Foreign Trade Zones Board for the authority to act
as a Foreign Trade Zone Grantee and to exercise that authority if
so authorized. The Port Authority has resolved to submit an
application, and I have been authorized to do so.
The Zone would be non-contiguous and would occupy one parcel
of land in Bloomington adjacent on the south to the Minneapolis-
St. Paul International Airport and one parcel on the Airport pre-
mises proper. The proposed Zone contains approximately 350
acres, including approximately 200 acres which are undeveloped.
The proposed zone is situated within the Airport South
Development District. Airport South is an Industrial Development
District established by the City of Bloomington which is currently
undergoing extensive development, including hotels, office spaces,
restaurants and entertainment facilities. A Foreign Trade
Zone would enhance and complement the development occurring
within Airport South and would create additional development
opportunities.
There are presently several firms located in the Metropolitan
area which are involved in the import and export markets and which
could benefit from a Foreign Trade Zone. In particular, the pro-
posed operator, Midwest Airfreight Shippers ' Association (MASA) ,
has over 200 members, some of which will immediately become Zone
The Honorable Malcolm Baldridge
Page Two
July 22, 1983
users, and others of which are considering taking advantage of
the benefits a Zone has to offer. There are also a few existing
plants which have indicated an interest in becoming subzones at
some point in the future if a Zone is established.
A Zone would further the goals of the community and the
state. Bloomington has been promoting development within Airport
South for the past several years. That activity was heightened
two years ago when the Metropolitan Sports Commission decided to
build a domed stadium in Minneapolis, and vacate the existing
stadium which occupies a 100 acre site in Airport South.
Following this decision, the Port Authority prepared the Airport
South Development Plan, which provides a framework for develop-
ment in the area and outlines the public improvements that will
accompany development within Airport South. The Port Authority
is utilizing tax increment financing to facilitate improvements
within Airport South and is also considering issuing industrial
development bonds or general obligation bonds to purchase land
within the area. In addition, - the City is presently preparing a
Transportation and Environmental Management Study for the area
and is planning additional public improvements to accommodate the
increased development scheduled to occur in the area.
The state of Minnesota has also made development a priority,
with an emphasis on increasing international trade. In 1982,
the Governor created a Commission on International Trade which
developed recommendations for increasing the state' s involvement
in promoting world trade and in 1983 the Minnesota legislature
appropriated funds for another Commission to explore the
possibility of establishing a world trade center. The Governor has
also created a world trade office which has studied the state' s
contribution to world trade and is developing ideas for
increasing the state' s involvement.
You may know that a non-profit corporation consisting of a
number of business organizations has been formed in our area.
This corporation is called Twin City Foreign Trade Zone, Inc. It
is my understanding it was formed to facilitate the implemen-
tation of foreign trade zones for 'the Twin City metropolitan
area, and to that end, we are seeking to work with them. As a
result of our joint effort, the director of the airport has
• offered to provide an additional site that may be included at a
subsequent date in an amendment to this application.
The Honorable Malcolm Baldridge
Page Three
July 22, 1983
Initially, the Zone would be operated and financed by MASA.
The first site activated would be MASA' s existing facilities. As
user activity increases, additional sites will be activated
within the Zone. At that time, MASA will be evaluated to deter-
mine if MASA will continue to be the operator of the Zone or if
a different operator will be selected by the Port Authority.
The Twin Cities is one of the last major metropolitan areas
in the country without a Foreign Trade Zone. Establishing a Zone
in the area would benefit existing firms involved in world trade
and would provide an asset to the community and the state as
their efforts to promote world trade continue.
Therefore, on behalf of the Port Authority of the City of
Bloomington, I respectfully request that the Port Authority be
granted the authority to establish .a Foreign Trade Zone.
Very truly yours,
• „Ivor
"' James H. Li •au
President, Bloomington Port Authority
f
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• _ - -:.-.:•i :v:�'f<+':::"v:...:.. :. •....:`.::::%0::::::�::y:::i;:::_:CS?�::]v`:i:::rr:t: �i:G!i:i: �: -
:::lig.::
Members August 5, 1983 ��
Bloomington
Brooklyn Center
Brooklyn Park . - .
Burnsville Mr. John Anderson . '
Chm^plin City Administrator
Heights
Dee aveCity of Shakopee
Eden Prairie 129 East 1st Ave. ` " ' a
Edina Shakopee, MN 55379
Excelsior
Fridley
Greenwood Dear Mr. Anderson:
Hastings
Hopkins At its July 20, 1983 meeting, the Suburban Rate Authority
Lakeland
Lake St. Croix Beach Board of Directors adopted a resolution authorizing
Lauderdale $40, 000 in revenue during 1984 by an assessment of the
Loretto membership. Under Article X of the Suburban Rate Author-
ho^le Plain
Mavlewoad ity Joint and Cooperative Agreement, the Board may estab-
Mendota Heiahts lish a total annual contribution to be made by the
.'innetottka V membership during the following calendar year. The Agree-
'innetrisa ment further provides that the contribution is to be
Mound
Mounds 'iew spread across the membership in proportion to respective
New Brighton voting strength. There are a total of 163 votes among the
North St. Paul 41 cities which are members . Each vote was assessed
Osseo
Plymouth $245 .40. The City of Shakopee has 2 votes and its assess-
Rickf ela ment is $490.80.
ROLL insdale
Poslle
St. This letter is the notice of assessment required by the
St. AnthonyAn
St. Louis Park Agreement. The assessment is payable to the Suburban Rate
Shakopee Authority, c/o J.N. Dalen, Secretary-Treasurer, Edina City
Shoreview Hall, 4801 West 50th Street, Edina, Minnesota 55424.
Shorewood
Spring Park Assessments are payable 1/2 on or before February 1, 1984
Vadnais Heights and the remaining 1/2 on or before August 1, 1984. No
Victoria statement will be sent.
Wayza�a
Woodland
Our quarterly minutes, sent to all members, have detailed
SRA' s activities . The most recent general benefit of
membership in the SRA has been the negotiation with
Minnegasco of a Uniform Gas Franchise Ordinance, which was
mailed to each member last May. The model ordinance was
the result of lengthy negotiation with the gas company
concerning the provisions of the ordinance. While the
draft ordinance was negotiated with Minnegasco, it has
been presented to at least one other gas utility, and it
is likely that it will be used with gas suppliers other
than Minnegasco. During discussion of the assessment at
the SRA Board meeting, it was suggested that the draft
ordinance itself was worth the cost of membership in the
SRA and that most cities would have spent far more to
negotiate individual ordinances, possibly with less favor-
able terms .
August 5, 1983
Page Two C=
There has been only one previous assessment of SRA
members, and that assessment was in a very small amount.
Funding of SRA activities to date has come from a fund
originally provided by the Minneapolis Gas Company as a
franchise administration fee. The fee was paid to the SRA
prior to the transfer of the responsibility for
supervision of the company to the Minnesota Public Service
Commission in 1975 . That fund has been nearly depleted as
a result of SRA' s intervention in rate cases involving
Northern States Power Company, Minnegasco, Northwestern
Bell, and further by the Board' s activities related to the
Metropolitan Waste Control Commission.
Attendance at SRA Board meetings has been good; interest
in its activities is keen. Our strength is dependent on
our collective effort to continue the useful work of the
SRA. I will be happy to answer your questions or listen
to your comments. You may also contact Clayton LeFevere,
the SRA attorney. My phone number is 559-2800 and Clayt' s
number is 333-0543 .
Sincerely,
//
Fred G. Moore, Chairman
cc: SRA Board Member
MEMO
TO: John K. Anderson
City Administrator
FROM: Don Steger
City Planner
RE: Two-Family Dwellings
DATE: August 8, 1983
At the request of the City Council , the Planning Commission discussed the
concept of conversions from single family to two family residences. Because
the City has experienced very few conversions to date, the Planning Commission
saw no reason for concern over the possible impact on traditional single
family neighborhoods. Also, the idea was expressed that sharing living
quarters and increasing the density may, in fact, be beneficial and necessary
in the future as the cost of living increases. The Planning Commission
recognized the problem of illegal conversion, however, they did not see an
effective means of monitoring this occurance.
DS/jvm
•
4.0 LIi 11,y'
CITY OF S H A K O P E E/L 6\t/-4'' '....,_ /
r Vi
129 East First. Avenue, Shakopee, Minnesota 55379
I?, ,
MEMO
TO: __Qity—Cn►inril
FROM: ,Tim Narkannn , Pnhlic 'llar.ks—Dept.
SUBJF.CT•_S.tr_eet Sweeper Pilrchasr,
DATE: Angtlst Rth, 1921
INTRODUCTION :
Sealed bids were received and opened by the city of Shakopee on
August 8th, 1983 for a new street sweeper as specified. On Friday,
Aug. 12th 1983 the Equipment Committee met and reviewed the bid
proposals.
BACKGROUND:
At the August 8th bid letting for our 1983 street sweeper, we
received one bona-fide bidder in response to our advertisement and
specifications . The single bidder was MacQueen Equipment Co. of
St. Paul, who is the Minnesota distributor for the Elgin street
sweeper. This bid met all requested specifications .
Itasca Equip. Co. of Savage, who distributes the Mobile sweeper,
returned their bid proposal marked "NO BID" apparently because their
product line cannot be equipped with a gasoline engine as specified.
(A diesel" engine cainnot be converted to propane, if we so desire,
at a later date. ) There is an approximate price difference of $6 ,000
between gasoline and diesel .
A third bid was possibly expected from the FMC Corporation,
but it is our understanding that a Minnesota distributor has not
been appointed at this time. The George Bryan Equip. Co. . of Brainerd •
was the former FMC distributor and lost the distributorship for
various reasons . Gary Boyum, a vice-president for MacQueen Equip. Co.
met with the,equipment committee to explain their profit .margin in
their bid proposal. He also submitted a list of Elgin sweeper sales
in 1983 to show that their bid proposal was consistent with the bids
in other communities this year. Most of the trade-ins shown on their .
sales list are Elgin "Pelican" models, which are equipped with an
elevating hopper, and' hydrostatic transmission. Our Elgin "Whitewing"
does not have these features , thus reflecting a lower trade-in value,
even though our machine is in relatively good condition. ,
The new sweeper 'is under warranty for one year, and the hydro-
stattc transmission is guaranteed for 2 years from date of delivery .
MacQueen 's Bid; (we budgeted $65, 000)
Base Price $66 , 325. 00
Trade-in 10 , 360. 00
Net bid price $55, 965. 00
I ' ve inclosed the Elgin sales list for 1983 and we could probably
compare our bid price with the City of Richfield, or the City of
Stewartville . (However, Stewartville purchased MacQueen' s demonstrator
model. )
ALTERNATIVES ;
1. Reject MacQueen street sweeper bid for $55, 965 . 00
2. Re-advertise for sealed bid proposals for street sweeper.
3 . Accept bid proposal from MacQueen Equip. Co. of St. Paul, in
the amount of $55 , 965. 00 for a 1983 Elgin "Pelican" street
sweeper as specified.
RECOMMENDATIONS :
Alternative no. 3
Accept bid proposal from MacQueen Equip. Co. of St. Paul, in the
amount of $55 , 965. 00 for a 1983 Elgin "Pelican" street sweeper as
specified.
MacQueen Equipment Inc.
Elgin Pelican Sales List For 1983
City of Albert Lea
Bid $66 , 585. 00 (gas , Hydrostatic transmission)
Net Bid $52 , 935 . 00
City of Ritchfield (Pelican Premier)
Bid $70 , 548. 00
Less 1970 Pelican 14 , 100. 00
Net Bid 56 , 448. 00
City of Hutchinson (Pelican demonstrator)
Bid $70 , 950. 00
Less 1975 Pelican 25 , 362 . 00
Net Bid $45 , 588 . 00
City of Madison (Pelican demonstrator)
$56 , 432 . 00
price includes trade-ins of;
1968 Chev 18 Yard
1964. Wayne Sweeper
City of St. Paul (standard trans. gasoline engine)
No trade-ins
2 Pelicans $99 , 084. 00
City of Stewartville (Pelican premier demonstrator)
Bid $71 , 450 . 00
1970 Pelican 15 , 391. 00
Net difference $56 , 059 . 00
City of Shakopee (Pelican gas engine, hydrostatic transmission
Total $66 , 325 . 00
Trade-in, 10 , 360 . 00 1971 Elgin Whitewing (not Pelican)
Net bid 55 , 965 . 00
BID OPENING
One ( 1 ) 3-Wheel Street Sweeper for
City of Shakopee
August 8 , 1983 at 11 : 00 a .m.
Less Bid Bond
Planholder Total Price Trade-In Net Price ( 5% of bid)
Itasca Equipment
Company
7401 W. 125th St . IUD /31d
Savage , MN 55378
MacQueen Equipment
595 Aldine �( 3.2.522 3Co0 -�
St . Paul , MN 55104 ��� l
mays--
FMC
v e
MEMO TO: John R. Anderson, City Administrator
FROM: Steve Muyskens , Intern
RE: Funding of MECS Promotion
DATE: August 8,, 1983
Background
The $100.00 grant from the Department of Energy will not cover all
of the costs of the MECS promotion.
A professional printer ' s services are required for duplication of
the Mayor' s letter and the doorknob cards . The total printing
costs will exceed $100.00 .
Alternatives
1 . Copy the Mayor ' s letter on 8-1/2 x 11" paper. Cost of 4 ,500
copies is $82 .00. In addition, folding and stuffing this
many letters would take a substantial amount of time .
2 . Include the Mayor ' s letter with the September utility bills .
If the letter is printer on 3-5/8 x 6" cards , Shakopee Public
Utilities will stuff the cards . To have the letter reduced
and printed on cards would cost $77 .00.
3 . Boy Scout Troop #218 has agreed to distribute 2 ,000 doorknob
cards . Cost of reducing and printing the cards would be $92. 85 .
Recommendation
Staff recommends printing the Mayor' s letter on the 3-5/8 x 6°'
cards . This would look better than all of the folding necessary
to get an 8-1/2 x 11" letter into the utility bill envelope . In
addition it would require much less staff time .
The more people that are exposed to the audit service the more
likely they are to take advantage of it ; therefore , staff
recommends that funding be found to finance the printing of both
the Mayor' s letter and the doorknob cards .
Action Requested
Authorize staff to spend the $100.00 grant from the Department of
Energy for the MECS Promotion and $69 .85 from the general fund
to print the Mayor' s letter to go out with the September utility
bills and the doorknob cards to be distributed by the boy scouts .
SM/jms
CITY OF SHAKOPEE =f
:
INCORPORATED 1870 \Q•
129 E. First Ave. - Shakopee, Minnesota 55379-1376 (612)445-3650 September, 1983
Dear Resident, U
After reading the startling facts, on the reverse, you may be interested in knowing
what we can do as a community to lower some of our energy costs? To begin with,
you can SIGN UP FOR A 1(OMF ENERGY AUDIT OFFERED BY YOUR UTILITY. Nearly 25% of the
energy consumed in Minnesota is used in homes. Nearly two-thirds of the homes that
exist today will still be around in 2000, and most of them are not as energy effi-
cient as they could be.
One way to stop the drain on our community's economy and our pocketbooks is to find
out what we can do to improve our home's energy efficiency. The audit, known as
the Minnesota Energy Conversation Service costs only $10.00 and is available from
Minnegasco (372-4670) . You will also learn during the audit where you can go to
get financial assistance to make your home energy improvements. For instance, you
may be eligible for loans from the Minnesota Housing Finance Agency at an interest
rate of 3 to 14.5% depending on household income.
PLEASE START INVESTING IN ENERGY CONSERVATION TODAY. The savings you start earning
today will only increase as energy prices rise.
Sincerely,
Eldon A. Reinke, Mayor
City of Shakopee
STARTLING FACTS REGARDING ENERGY CONSUMPTION IN MINNESOTA
o During 1982, the average homeowner in Minnesota paid $730 for natural gas.
In 1983, jump $822gasprices
this bill will to as natural increase by 13% (TO
statewide. And by 1990 - only eight years away - this same homeowner could
be paying $1265 if energy consumption isn't reduced.
o Between 0 and 85% of the money we spend for energy is drained from our local v^
economy. This means less money is spent and fewer jobs are created locally.
o In 1990, there could be 85,000 more jobs in Minnesota if cost-effective con-
servation measures and renewable energy resources are implemented by
Minnesotans. By 2000, this figure could increase to 200,000.
WHAT CAN WE DO AS A COMMUNITY TO LOWER SOME OF OUB ENERGY COSTS?
SEE REVERSE
67./nd • 'a/C/6
anal ;/41),.
c`
•
•
1o,ofz \ .
!• - ''=� F'. \ f-1 TAKE CONTROL OF YOUR HOME
T. •I'i'•--....•j= \e 1 ---� ENERGY COSTS TODAY!
'.. \ CAN YOU AFFORD NOT TO?
/_.+z '.� -- f':x.aog�
We want you, our neighbors, to learn how to take control of your home
energy costs. That's why we stopped by today to encourage you to
participate in a home energy audit offered by your utility. It only costs
$10.00, and it can help you save money and stay warm this coming
winter, the winter after that, and the winter after that . . . . •
EIVEIREY
CDIVsiAVATION,iAVIC■
MinnCSOla Energy Conservalion Service
Available from Fndorsed by
Minnegasco Mayor Eldon Reinke
372-4670 Shakopee JayCees
Boy Scout Troop #218
epdEnergy Division • Minnesota Department of Energy, Planning and Development
980 American Center Building • 150 East Kellogg Blvd. • St. Paul, MN 55101
it
MEMO TO: John K. Anderson/City Administrator
FROM: Gregg Voxland/Finance Director
RE: Deferred Charges for Hauers Addition Area
DATE : August 10', 1983
Introduction:
Reference my memo dated 6/17/83 (attached) . Council directed
staff to check out existance of any trunk assessment to the
area , prior to inviting the people involved to a meeting.
Background :
The Utility Manager reported no knowledge of any trunk assess-
ments . The City Engineer reported the involved parcels on
Parkridge Drive have paid for looping from 11th to Hauer Trail .
Also, he cannot find the assessment calculations for Hauer
Trail to determine what trunk or looping was covered by the
1974 assessments .
Alternatives :
1 . Consult City Engineer for clarification or more information.
2 . Hold meeting for involved parcels .
3 . Try to prorate or collect part of deferred charges .
4. Alternatives from prior memo.
Recommendation:
Choose alternative .
GV: cau
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.
` 7 fel► P'—
.
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 ti11 hook-up)
James Hauer Watermain 431 .06
1028 East 2nd Avenue Ser. Rd . 356 .23
Hnuers 1st Addition L1 HI Total 787.29
Douglas D. Edwards
' c/o Mortgage A:;uoe . 1 nc . Vlatermuin 431 .06
125 E. i11s StreetSer. Rd. 356. 23
Milwaukee , Wisconsin Total 787. 29
Hauers 1st Addition L2 B.1
Hichurd L. Dellwo • Watermain 431 .06
it.R. #2 a'c Ser. Rd. 356.23
Hauers 1st Addition L3 B1 Total 787.29
Eugene F. Malz Watermain 431 .06
H.R. //2 Box 1056 Ser. Rd . 356.23
Huueru 1st Addition L4 B1 Total 787.29
. James Hauer Watermain 431.06
•
1028 East 2nd Avenue Ser. Rd. 356.23
Hauers 1st Addition L5 B1 ° <" Total 787 .29
''•I'' ''' Ilichard A. Ries 51NA Watermain 431 .06
1 R. R. #2 Box 990 Ser. Rd. 356.23
Total 787.29
Charles A . Olson Watermain 431.06
. J 222 West 6th Avenue Ser. Rd. 356.23
Hauers 1st Addition L1 B2 Total 787.29
Floyd W. Key Watermain 431.06
R .R . #2 Ser. Rd. 356.23
' ' _ Hauers 1st Addition L2 B2 Total 787.29
C
,... ,, Vernon R . Berg 54Y ,,oWatermain ' 431 .06
S, Derald Feltman 54 2A v ,-,,,. Watermain 431.06
q
,l‹., _yr.,-_yrr i(
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MEMO TO: Mayor and City Council
FROM: John K. Anderson, City Administrator
RE: Shakopee Housing Company, City of Shakopee and
Clete Link Agreement regarding Property at
County Road 17 and 4th Avenue
DATE: August 11 , 1983
Introduction -
Pursuant to City Council action taken on November 2 , 1982 , City
staff has followed up on Council ' s directive to enter into
negotiations with Farmer-Bugher Management Company and Clete Link
to attempt to resolve the claim regarding the sliver of land
at County Road 17 and 4th Avenue . The Council ' s directive of
November 2 , 1982 was to pursue the purchase of a ten foot strip
of property east of Marschall Road and south of 4th Avenue for
sidewalk purposes and for access to Shakopee Housing apartments
with a contribution of $1800 by both the City and Farmer-Bugher.
Completion of Negotiations
Attached is Rod Krass ' memo of transmittal with the proposed
settlement agreement signed by the other parties involved. The
agreement follows the guidelines established by Council at their
November 2 , 1982 meeting as outlined in the introduction above.
Recommendation
Staff recommends that Council authorize execution of the agreement
which is within the guidelines established by Council ' s motion
November 2 , 1982 .
Action Requested
Pass a motion directing the appropriate City officials to execute
the agreement between Cletus J. Link and Helen Link, Joseph F.
Topic and Rita Topic , the Shakopee Housing Company and the City
of Shakopee dated July 11 , 1983 transferring certain property
at the intersection of County Road 17 and 4th Avenue and obtaining
a sidewalk easement for the City.
JKA/jms
unaxopee city Council
November 2, 1982 , .sz—
Page 4 •
Leroux/Vierling moved to direct staff to enter into negotiations with the Farmer-
Bugher Management Company and Cletus Link to attempt to resolve the claim. As
reoommended by iiie City Admini,•1.ral.or• by parrsuiw the pur•ch:e ; . of :e ten loot. ::trip
of property Ea:;l. of Marschall head ind .;ouch of 1 th Avenue for sidewalk purposes
•and for access to the Shakopee 1ku:;i ng apartment:., with a contribution of $1,800
by both the City and Farmer•-Bugher. Motion carried unanimously.
i. Co.11igan/Lebens moved to direct staff to notify Scott. County in writing that the
City will expect them to handle the:: issuance of building; permits in the area
designated for the Shakopee By--Pass. Motion carried unanimously.
Discussion ensued with Leroy Houser regarding his suggestion for the use of wind
generators to generate electricity for the Public Works building. Discussion
centered on cost of the anamometer testing, payback period and other methods of
saving energy.
Leroux/Colligan moved to approve an anamometer test for one year at the Shakopee
Public Works Building, at an estimated cost of $2,500.00.
Roll Call: Ayes; Leroux, Colligan
Noes; Wampach, Lebens, Vierling, Reinke
Motion failed.
Lebens/Leroux offered Resolution No. 2071, A Resolution of Appreciation to Russ
Nolting, and moved its adoption. The City Admr. read the resolution. Motion
carried unanimously.
•
Leroux/Lebens moved the adoption of Resolution No. 2046, Abating Deferred 1967
Parking Facilities Assessments.
Roll Call : Ayes; l'mrnimen:; Noe:;; None Motion carried.
Leroux/L,ebens moved the adoption of Resolution No. 2072, Authorizing the Institution
of Proceedings to Register the Title in the Name of the City of Shakopee to Property
it Owns in Blocks 29 and 30.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Colligan/Leroux offered Resolution No. 2074, A Resolution Relating to Construction
On Trunk Highway 101 and Trunk Highway 169 in Shakopee Between County Road 17
and Fuller .Street, and moved its adoption. The City Admr. summarized the resolu-
tion.
Roll Call: Ayes; Reinke, Colligan, Wampach, Leroux, Vierling
Noes; Lebens
Motion carried.
Leroux/Lebens moved the adoption of Ordinance No. 96, An Ordinance Amending Chapter
11 of the Shakopee City Code, "Land Use Regulation (Zoning)".
Roll Call: Ayes; Unanimous Noes; None
Motion carried.
Leroux/Lebens moved the adoption of Ordinance No. 109, An Ordinance Amending Chapter
12 of the Shakopee City Code Known as the Subdivision Regulations (Platting).
Roll. Call : Ayes; Unanimous Noes; None Motion carried.
Leroux/Lebens moved to receive the Engineering Department Monthly Report dated
October 18, 1982.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
The City Admr. informed the Council regarding current labor negotiations.
Lebens Wampach moved to adjourn to Tuesday, November 16th at. '(:00 p.m. Motion carried
.,.,>•.,.,, .,,a�1•.. to _,� , , .-,,__ ,
Law Offices of
KRASS, MEYER, KANNING & WALSTEN 114E
Chartered
Suite 300
Phillip R. Kress Paralegals
Marschall Road Business Center Barry K. Meyer Susan M.Brown
327 South Marschall Road
P.O. Box 216 Philip T. Kanning Barbara J.Hedstrom
Shakopee, Minnesota 55379 •
Trevor R. Walsten
(612)445-5080
August 10, 1983
77:1
r:AfF
p �ve.. Wiz .
Mr. John Anderson
City Administrator AUG 1 , 1933
Shakopee City Hall
129 East First Avenue
Shakopee, MN 55379 CITY OF SHAKOPEE
Dear John:
Enclosed please find five copies of the Agreement on the Farmer
Bugher matter, signed by all parties except the City. The documents should
now be signed by you and the Mayor and your signatures notarized.
I enclose a copy of the Quit Claim Deed executed by the Topics and
Links to the Shakopee Housing Company, which I will deliver to Mr. Moriarty
together with a signed copy of the Agreement after the City executes it.
Mr. Moriarty is holding for me $1,800.00 in his trust account which will be
applied toward the Link/Topic assessments, together with a like sum from the
City.
Bo Spurrier has indicated to me that he does not presently have a
legal description for the sidewalk over the Farmer Bugher property, and the
Agreement simply calls for Shakopee Housing Company (the Farmer Bugher people)
to transfer such an easement for sidewalk purposes at some time in the future
when the sidewalk is constructed. That sidewalk, as you will recall, cannot
reduce the parking spaces located right now on the Farmer Bugher property.
Call.,if you have any questions.
Yours very ,,tt�ru 12
KRASS, ME ER, / ING & WALSTEN
CHART 'ED
Ph 'ip R. ass
PRK:dk
File #1-1373-146
Enclosures
cc: Mr. Dennis Moriarty
AGREEMENT
THIS AGREEMENT entered into this 11th day of July , 1983,
by and between Cletus J. Link and Helen Link, husband and wife, and Joseph F.
Topic and Rita Topic, husband and wife, hereinafter referred to as parties of
the first part; Shakopee Housing Company, a partnership organized under the
laws of the State of Wisconsin, hereinafter referred to as party of the second
part; and the City of Shakopee, a body politic and corporate, under the laws
of the State of Minnesota, hereinafter referred to as party of the third part.
The parties hereto have certain property rights and obligations
respecting property located within the City of Shakopee, County of Scott,
State of Minnesota, and certain claims involving said property; and in order
to fully and completely satisfy said claims and obligations and arrive at a
mutual settlement of such claims and obligations, and in consideration of the
terms and conditions set forth hereinafter, agree as follows:
1. Parties of the first part own certain real property legally
described on Appendix A, which said parties of the first part do agree to trans-
fer in fee to party of the second part.
2. Party of the second part agrees to transfer to party of the
third part an'easement for sidewalk purposes over and across the property
described on Appendix B.
3. Party of the second part and party of the third part do hereby
agree to contribute an amount of One Thousand Eight Hundred and no/100 Dollars
($1,800.00) each toward the payment of certain assessments against property
owned by party of the second part and legally described on Appendix C, which
assessments are the legal obligation of the parties of the first part. Said
contributions and payments shall be made to the applicable governmental agency
charged with the responsibility of the collection of said assessments and said
payments shall be made forthwith.
4. The party of the third part does hereby covenant and agree that
any sidewalk easement granted to third party by the second party shall be out-
side the parking lot improvements in existence on the date hereof, and shall
not in any way cause the reduction of any of the parking spaces located on the
subject property as of this date, said real property more specifically described
in Appendix C.
Cl- us J. Link
- e4o
l . iU
Helen Link
Jose F. Topic
Rita Topi %
SHAKOPEE HOU,T COMPANY, A PARTNERSHIP
\IL ///7):177
A Part r
CITY OF SHAKOPEE
By:
Eldon Reinke, Mayor
By:
John Anderson, Administrator
-2-
STATE OF MINNESOTA )
) ss.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this r tm day
of A,t_t,� , 1983, by Cletus J. Link and Helen Link, husband and wife.
r7 '
Notary Public
STATE OF MINNESOTA
) ss. IACOIY
COUNTY OF SCOTT ) Expiros Apr.7, 198
The foregoing instrument was acknowledged before me this 0 day
of ,etc,i.t.., --) , 1983, by Joseph F. Topic and Rita Topic, husband and wife.
Notary Public
AAAJ,ANIAAMMAP,,,V.M,u
SUSAN M.BROWN
STATE OF Wisconsin ) ~<NOTARY PUBLIC•MINNESOTA
ss.
D U(DTA COu NTY
COUNTY OF Eau Claire
My Commission Expire^Apr.7,19't7,
The foregoing instrument was acknowledged before me this 11th day
of July , 1983, by Bryan J. Farmer , a partner of Shakopee Housing
Company, a partnership organized under the laws of the State of Wisconsin, on
behalf of the partnership.
1
Notary Public
Susan K. Fleig
My Commission Expires March 22, 1987.
STATE OF MINNESOTA )
) ss.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this day
of , 1983, by Eldon Reinke, Mayor, and by John Anderson, Administrator,
of the City of Shakopee, a body politic and corporate, under the laws of the State
of Minnesota, on behalf of the City of Shakopee.
Notary Public
-3-
APPENDIX A
Description
That part of the North 333.00 feet of the West three-fourths of the Southeast
Quarter of Section 6, Township 115, Range 22, Scott County, Minnesota, lying
West of the East 321.00 feet and East of the East right-of-way line of County
Road No. 17 as now constructed, containing 314.3 square feet.
1
APPENDIX B
Description
The northerly 333.00 feet of the West three-fourths of the Northwest Quarter of
the Southeast Quarter of Section 6, Township 115, Range 22, Scott County,
Minnesota, lying East of the East right-of-way line of County Road No. 17 as
recorded in the office of the County Recorder of said Scott County.
APPENDIX C
Description
The East 321 feet of the northerly 333.00 feet of the West three-fourths of the
Northwest Quarter of the Southeast Quarter of Section 6, Township 115, Range 22,
in said county and state, subject to an easement over the northerly 33 feet
thereof for County Road No. 82.
MEMO TO: Mayor and City Council
FROM: John K. Anderson, City Administrator
RE: Viking Steel Road
DATE: July 29 , 1983
Introduction
City Council , at its June 7 , 1983 meeting, tabled a staff memo
which recommended the closing of Viking Steel road. Council ' s
action was based upon new information provided by Councilmember
Lebens in the form of a map which seemed to indicate that the
roadway had been dedicated at some time in the past .
Findings
The County Auditor was contacted and we have determined that
Ray Peterson has been paying taxes on that portion or Viking
Steel road from Fourth Avenue to Highway 101 that has been
maintained by the City . I have received written confirmation
of this from Bob Schmidt of the Scott County Assessor' s office.
Judy Cox has contacted Dave Moonen who has done a preliminary
investigation of the existance of a road lying east of Viking
Steel and Dressen Oil property. He checked the County Recorder' s
Office . in the tract index for any described document delineating
such a road and found no record describing the road. He also
examined County maps and found no road indicated on the maps .
For approximately $200 . 00 he will do a complete abstract trans-
cript on the property in question if we want a more thorough
investigation.
We have also reviewed the resolution authorizing the sale and
transfer of the property in question dated August 3 , 1960. The
resolution is attached and includes some awkward wording about
excepting "any streets , alleys , drives or public land laid out
aniused by the City at date hereof" . Neither the City Engineer
or the City Attorney feel that this language provides the City
with a strong case for claiming the roadway. The only sure thing
the City has is the ability to acquire the road through adverse
possession and the pros and cons of this have been outlined in
earlier memos .
Additional , I checked with the railroad and they have no record
of a private crossing or a public crossing at this location.
The railroad has indicated an interest in resolving the ownership
of the crossing so that the responsibility for the maintenance
of the crossing will be well defined.
Possible Alternatives
1 . If the City decides it wants to take the road through adverse
possession it will also be required to clarify the ownership
of the rail crossing with the railroad. Of course, the rail-
road is seeking to eliminate as many public and private
crossings as possible so they would be more amenable to a
private crossing with limited use than a public crossing with
heavy use .
Viking Steel Road
Page Two
July 29, 1983
2 . It has been suggested that the City or Dressen Oil might be
able to obtain an easement paralleling the railroad from the
existing crossing running west to Dressen Oil ' s property.
The railroad has stated that under no circumstances will they
grant such an easement .
3 . It has been suggested Dressen Oil might be able to obtain a
private north/south crossing of the railroad track at their
property. Again, the railroad will not grant such a private
crossing.
4. With the City taking the lead, negotiate a private crossing
in the name of Viking Steel and Dressen Oil at the present
crossing location. The negotiations would include the City' s
commitment to close the road and relinquish its claim to the
road and, Viking Steel either granting a permanent easement
to Dressen Oil or selling Dressen Oil a small parcel creating
a flag lot that connects the current site with the jointly
held agreement with the railroad for a private rail crossing.
Finally, the negotiations would require that the railroad
credit the City with the closing of one public rail crossing
to provide the City with some additional flexibility as it
plans collector street crossings between County Road 17 and
Scott Street . This alternative has been discussed with Ray
Peterson and John Zima and Virgil Stein of the railroad
and they are willing to investigate the alternative further.
I have not yet talked to Earl Dressen about this alternative.
Recommendation
The alternatives above are similar to alternatives discussed
in two previous staff memos . Each memo has served to refine
our thinking about the future status of the road and to expose
additional facts regarding the current status of the roadway.
I believe that alternative No. 4 has the most potential to
reach a settlement that will address the concerns of all the
parties involved. While giving up the roadway may seem like
a radical act , the roadway was only used moderately before it
was blocked off by Mr. Peterson and we have received no com-
plains at City Hall since it was blocked off. Moreover, the
City' s comprehensive plan does not call for any new roads or
any collector street connecting Fourth Avenue with Highway 101
between County Road 17 and County Road 83 . For these reasons
I recommend that we continue to pursue alternative No. 4 and
drop our efforts to establish proof that the City already owns
the roadway.
Action Requested
Direct staff to continue negotiations with the railroad , and
Viking Steel to find a mutually agreed upon resolution to Mr. Earl
Dressen' s access problem.
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JULIUS A.GOLLER, II
JULIUS A.COLLER ATTORNEY AT LAW 612-445-1244
1859-1940 2 1 1 WEST FIRST AVENUE
SIIAKOPEE, MINNESOTA
55379
Memo to: The Shakopee City Council and the Shakopee City Staff
From: Julius A. Coller, II, City Attorney
Subject Matter: Executive Session of the Council held July 25, 1983
Date: August 11, 1983
BACKGROUND
For more than a dozen years last past discussion, rumors and implications have
grown out of an apparent discrepancy between the Public Examiner's Report and
the figures of Melvin P. Lebens with reference to the 1967 Public Improvements.
Mr. Lebens at the time was City Recorder-Administrator. As recorded in the
Minutes of the Regular Meeting of the City Council held July 19, 1983, Council
Member Delores Lebens suggested that the Council have an Executive Session to
discuss the matter and advised that her husband would be present to give them
what information he had and to answer any questions. It was moved that the
Council hold an Executive Session at 7:00 P.M. on Monday, July 25, 1983 for
such purpose. See Minutes of the Regular meeting of July 19th.
The Executive Session was held. The Mayor and all other Council Members,except
Delores Lebens,were present as well as Mr. Lebens, City Auditors, City Administ-
rator, and the City Attorney. The Meeting was taped. Council and those present
listened to Mr. Leben's presentation and the matter was discussed. No action
was taken and the meeting adjourned.
Question: Did this meeting violate the Minnesota Open Meeting Law?
Discussion:
Minnesota Statute 471.705 provides, in part: "Except as otherwise expressly
provided . . . .all meetings including Executive Sessions of any. . . .City
shall be open to the public. . . . There are two general exceptions to the open
meeting law as follows: (1) When public policy dictates the need for absolute
confidentially, a Council may discuss pending or threatening litigation with
attorney in closed meeting. (2) A governing body may by majority vote in
public meeting decide to hold a closed meeting to consider strategy for labor
negotiations, including negotiations, developmentsor discussions and to review
labor negotiation proposals. The latter exception obviously does not apply.
At the time the Executive Session was called, the entire situation surrounding
its call and the background appeared to be extremely delicate and could well have
involved personnel matters of a serious nature as well as threatening litigation
or other legal proceedings, and thus as a matter of public policy and precaution,
and Executive Session was called and heldunder this situation I feel that the
Executive Session in question was legal. As it turned out, however, nothing of
a sensitive or delicate nature or any legal proceedings were discussed or involved.
RECOMMENDATIONS: In light of the foregoing facts I recommend that the tapes be made
available to the public under the usual conditions and that Notice of this action be
publicized.
C64 0 ` ,qO ,t_
Shakoo2ø NaIk2y News
AUG 91983
P.O. Box 8
Shakopee, Minnesota 55379 ' {
•
August 9; 1983
City of Shakopee
Shakopee, MN 55379
To the City of Shakopee;
We respectfully request to be informed in writing
as to the reasons why the City Council meeting on the
evening of July 25, 1983 , was closed to the public. It
is our opinion and that of the Minnesota Newspaper
Association ' s legal counsel that the closure of this
meeting was a clear violation of the Minnesota open-
meeting law.
Also, we would like to formally object to the closing
of this meeting and request that this objection be
placed on record at City Hall . We request to be given
access to the tape recording made during this meeting
or a transcript of the tape.
qti ,
John F. Neely
Publisher
JFN/pk
•
/' Progress Valley Broadcasters, Inc.
n
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AUG 519g
August 12, 1983
Mayor Eldon Reinke
City of Shakopee
Shakopee City Hall
129 East First Avenue
Shakopee, Minn. 55379
Dear Mayor Reinke:
On Monday, July 25th, the Shakopee City Council held a meeting which was
closed to the public. I was advised of the meeting the next morning, and
to the fact it was closed, which led me to investigate the Open Meeting
Law more thoroughly.
I do not know who requested the meeting to be closed, but that may not be
of great significance. What I do question and challenge is the City
Attorney's ruling that the Council could hold a closed session because the
subject matter was 'controversial".
I did talk to Mr. Coller about that opinion the morning of July 27th and
he advised me the meeting was held at the request of a former employee,
that there was no agenda, and that no other business was discussed. How-
ever, I was still concerned about the situation so decided to contact the
legal Counsel of the Minnesota Broadcasters Association. I was advised
that there is clearly no exception in Minnesota under the Open Meeting
Law which authorizes a City Council to close a meeting to discuss con-
troversial matters. If a quorum of the members of a Council is present
the meeting must be noticed and open to the public.
My News Director did get notice of the meeting the next day, after the
fact, and did report on the general subject matter. However, he was
asked not to report on certain segments of the meeting involving the de-
tails presented by Mr. Melvin Lebens. We were told Mr. Coller ruled dur-
ing a regular council meeting the previous week that the private session
could be held. I was unaware of that as no representative of KSMM was in
attendance at that meeting.
Even though I realize you and the Council were acting in good faith on the
advise of the City Attorney my position is the meeting was held in violation
of the law. Therefore, I am requesting a copy of the tape of that meeting
so we can review it and determine the public interest and whether we
should broadcast a more detailed report of the meeting.
421 EAST 1ST AVE., BOX 66, SHAKOPEE, MINN. 55379
(612) 445-1866 (612) 448-4820
y� 'y j Progress Valley Broadcasters, Inc.
r„l coir - �/iiu G. /7 1 .. ,u„) s
At this time I have no intention of legal challenge, however, I trust we
can be assured there will be no further exception of the Open Meeting Law,
and that you will honor our request for the tape.
If you like I can give you a written opinion and an analysis of the law.
Sincerely,
4.1.//ZZd--g()
Rayoslid
Vice President/General Manager
RF/lk
cc: John Anderson
Julius Coller
421 EAST 1ST AVE., BOX 66, SHAKOPEE, MINN. 55379
(612) 445-1866 (612) 448-4820
pPl!i :inaxopee urty Uouncll
July 19,19831/410
r
Page 6 /
Vierling/Leroux moved to accept the liquor liability insurance policy of Columbia
Casualty Company for Gerald F. Smith, 101 East First Avenue and authorize staff to
return the Guaranty National Insurance Company policy. Motion carried unanimously.
Wampach/Lebens moved to accept the liquor liability insurance policy of the Home
Insurance Company for R. Hanover Inc. , 911 East First Avenue and authorize staff
to return the American Druggists' Insurance Company policy. Motion carried
unanimously.
Lebens/Leroux moved to give proper notification to the property owner at 4th and
Adams to control his weeds. Motion carried unanimously.
Cncl. Lebens suggested Council having an executive session to discuss the 1967
Public Improvement Program. She said Mel Lebens will attend and be available to
answer questions and give any information he has relative to that program. She
thought the auditors could be invited to attend.
Leroux/Vierling moved that when Council adjourns, it adjourn to an Executive Session
at 7:00 p.m. , Monday, July 25, 1983 for the purpose of discussing the 1967 Public
Improvement Program and how it relates to the auditor employed by the City. Motion
carried unanimously.
Leroux/Vierling moved to adjourn at 11:07 p.m. Motion carried unanimously.
Judith S. Cox
City Clerk
Diane S. Pouch
Recording Secretary
D
9
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CITY OF SHAKOPEE 1
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,:wi'wti.,;,- MEMO
TO: John Anderson - Administrator
FROM: Jim Karkanen - Public Works
SUBJECT: Vacating certain roadways
DATE:_-- July 15/ 1983
Please study the following memo to Council regarding vacating or cessation
of maintenance on certain roadways which I feel that we should evaluate our
maintenance obligations as explained in the memo. Please submit it to the
Council after you have reviewed it.
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INTRODUCTION:
In an effort to cutback on the workload of the Public Works
Deparment, the Street Department is requesting Administration
and Common Council to evaluate City policy regarding maintenance on certain
roads in the Eagle Creek area, and the urban section of the City of Shakopee.
These roads are identified as Mielke's Driveway, the Breeggemann
Driveway and Petsch's Driveway. We are also requesting further evaluation
on our maintenance policy of West 4th Ave. from Adams Street to Harrison
Street. This report will also address Councils request to vacate
unneeded roadways and streets as per Goals and Objectives 1983, Section
3.17 ("Reduce Street Maintenance Costs/Responsibilities by Systematically
Vacating Unneeded Streets").
BACKGROUND:
The Eagle Creek roads were inherited from the township when the City
of Shakopee and Eagle Creek Township consolidated in 1971 and 1972. At
the Minnesota Municipal hearings, the City' told the citizens of the
township that we would continue the same level of services as provided
by the township at that time. However, various economic factors since
these hearings, have forced us to reconsider our maintenance obligations
in certain areas, particularly on some of our seldom used roadways and
cartways which are not benefiting the public, only private parties.
We can expect negative reaction from the affected property owners,
particularly Eugene Mielke who already voiced some displeasure towards
this type of action several years ago.
It would be our intention to maintain these roadways and cartways
for the duration of the summer, then vacating or abandoning maintenance
on these roads in the fall. This should give the affected property
owners enough time to make arrangements for plowing, etc. It would also
be our intention to leave these roadways in good condition by adding
a 2-3" lift of gravel as a surface material, before a cessation of
maintenance.
West 4th Avenue from Adams Street to Harrison Street has been a
problem to the City for some time because of complaints from a local
developer and neighbors in the area. The Council had directed us to
perform "minimum maintenance" on this roadway, but because of pending
maintenance to be required, we're asking the Council for further direction
in regard to future maintenance which has been requested.
Several years ago we were given the maintenance responsibilities
of all of Highway 101 and 169 frontage roads previously maintained by
the State Highway Dept. These additional frontage roads have created
some scheduling problems because they're not located in our normal
maintenance pattern, and these roads deserve some priority because of
high volume traffic and various business located on these frontage roads.
In order to lessen some of our work load in the rural area, we're
recommending reduced maintenance on some of the lesser used roadways.
We will address each roadway individually for your clarification
and consideration.
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PROBLEM AREAS:
1. MIELKE DRIVEWAY:
This driveway extends south of County Road 42 for mile as
City R/W — this driveway is extended a second 4 mile which is private
driveway to Eugene Mielke's farm yard with two sharp 90 degree turns
connecting the• two road sections. The township originally plowed and
maintained both 3 mile sections, because they couldn't turn their plow
units around until they reached Mielkes' barnyard. Peter Stemmer has
since built a home at the end of the first '—, mile section thus providing
a turn around, but we have continued plowing to Mielke's yard because
of our verbal commitment at the Municipal hearings. Several years ago,
Doug Reeder and I had some conversations on discontinuing this practice
of plowing the private section, but Mr. Mielke became quite vocal and
we abandoned this suggestion temporarily.
This roadway is only the width of any alley —12 to 16 feet wide,
and this does create problems for our bigger equipment when plowing,
which continually fall off the narrow road section into the steep
ditches and fields. To reconstruct this R/W to accomodate our
equipment would be a considerable investment of labor and materials.
ALTERNATIVES:
A. Continue the same level of maintenance on both sections of the driveway.
B. Continue maintenance on the City (first) section of the driveway and
discontinue all maintenance on the private (second) section to Mr.
Mielke's farm yard.
C. Discontinue maintenance on both sections of the driveway and possibly
vacate the roadway. A possible problem will exist because Mr. Mielke
does not own the abutting property on each side of the private section.
D. Discontinue maintenance on both sections and retain R/W on 1st j- mile
section of driveway.
E. Change driveway status to cartway.
RECOMMENDATION:
C. Discontinue maintenance and vacate roadway.
ALTERNATE RECOMMENDATION:
B. Continue maintenance on 1st section of driveway (our R/W) and discontinue
maintenance on 2nd section only. (I feel that the City has no business
maintaining the second section of roadway which is a private roadway.)
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2. 'BREEGGEMANN'S DRIVEWAY:
This R/W extends east of County Road 17 for a distance of
approximately 4000 feet from a point just north of Greenwood Electric.
This roadway does not have a granular base nor is it improved enough
for vehicular traffic. This roadway is only used as field access for
several area farmers to reach their fields with their tractors, combines,
etc. We're requested, once or twice a year by the farmers, to grade
this roadway and we normally do not plow it during the winter. There
is one culvert near the end of the roadway which requires some
maintenance because it washes out. We also mow the R/W several times
a year.
This R/W does not necessarily require much maintenance because it
is used by off the road machinery and trucks, but does the City want to
retain R/W or simply vacate it to the abutting property owners?
This R/W is also used by the snowmobile clubs as a pathway towards
the Prior Lake Arca. It is usually closed off by a cable erected by
Gene Hauer.
ALTERNATIVES:
A. Retain maintenance policy already practiced by the City.
B. Discontinue any maintenance and retain R/W for possible future developments.
C. Discontinue maintenance and vacate R/W and possibly keep an easement
for future utilities.
RECOMMENDATION:
C. Discontinue maintenance and vacate R/W.
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3. PETSCH'S DRIVEWAY:
This driveway is located mile north of our City corporate limits
on the McKenna Road and our R/W extends ; mile east of the McKenna Road
towards a farm owned by Clarence Petsch.
Our R/W is a very narrow non—granular driveway about the width of
an alley (12 to 16 feet) that has no turnaround at the end of the City
R/W. The driveway then makes a 90 degree turn to the south and meanders
another 1 mile until the driveway ends at the farmhouse which is rented
out by Mr. Petsch. We receive a lot of complaints from Mr. Petsch who
wants the City to build up this road section all the way to the farmhouse.
This R/W, to my knowledge, was never really maintained by the township,
but from repeated complaints from Mr. Petsch, we did some minimal
maintenance in order that the City owned section was passable for vehicular
traffic. This occurred about the same time that Council had determined
that all roads not built to City specifications, (such as Deans Lake Road
and Maras Addition Road, etc.), were not to be maintained by the City and
we found ourselves committed to a maintenance policy on this driveway
that we can't exticate ourselves from because we had established
precedence.
The main problem with this roadway, is that there is no turnaround
at the end of our R/W section and our plows have to back out of the *
mile section, or risk getting stuck in the fields which is private property.
It is impossible to turn around on the driveway because it is very
narrow.
Engineering has informed us that, to their knowledge, there are no
future plans for this R/W.
ALTERNATIVES:
A. Continue minimum maintenance on the driveway.
B. Buy R/W for a turnaround at the end of the City owned section of R/W.
C. Drive to the farmhouse to turn around.
D. Cease, all maintenance and vacate R/W.
E. Cease all maintenance and retain R/W for easement purposes.
RECOMMENDATION:
D. Cease all maintenance and vacate R/W.
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4. WEST 4th AVENUE:
West 4th Avenue from Adams Street to Harrison Street has been a
problem politically and contains unacceptable subgrade material which
has been tested by a soils laboratory and was rejected. This roadway
was constructed with random loads of material which were available to
the developer, and was never approved, inspected or accepted by the
City as .a dedicated roadway for public usage.
This roadway was built to an approximate 30 foot width on the 80
foot R/W and contains a 8'' sewer main connected to a dead end MH. This
sewer main and water main, were also installed by the developer, but is
unclear whether the sewer main belongs to the developer or belongs to
the City. At that time, no formal transition process was followed to
revert ownership or maintenance responsibility to the City. The City
Engineer and I feel that it probably is our responsibility now, so
we would have to retain an easement on the property in case the Council
decides to vacate the property.
The west portion of the R/W is actually the driveway to the
parking lot of Subacks Apartment fronting on Harrison Street. The
bituminous material on the driveway is very thin and is absolutely
inadequate for vehicular traffic and does not contain standard base
material. This bituminous material has been breaking up for some
time prompting numerous complaints from tenants and users of the parking
lot.
The Public Works Department was instructed by former Administrator
Doug Reeder in early May of 1980, to cease maintaining this portion
of West 4th Avenue because the street has not been constructed to
City specifications or standards. Prior to these instructions, we
performed minimum maintenance to this street because of the poor grade
of sub base material and lack of gravel base material placed by the
developer of this area. We did, however, do minimum grading during the
summer, and did snow removal to keep the R/W available for access to
Adams Street for the children in the area to walk to school.
In April of 1980, the Council had a lengthy discussion about the
R/W because of a conditional use permit in the area. This discussion
resulted in a directive from Council to cease maintenance at that time.
In August, 1981, the Council directed us to perform "minimum
maintenance" because of the local traffic, and school children using
the R/W as a short cut to school. At this moment, we periodically
inspect the road surface to insure that there aren't any severe hazards
or problems to the traffic which may happen to use this roadway. This
"minimum maintenance" is apparently not satisfactory to the local
developer and possibly some of the users of the R/W, prompting
constituental requests to various Council members to have more constant
maintenance performed.
A project report from Suburban Engineering is enclosed describing
existing conditions and soil reports, as well as showing proposed
design criteria and estimates of work to be performed. The cost estimate
shown on the report is circa 1980 and must be updated for possibly
1983 or 1984.
•
ALTERNATIVES:
A. Continue present maintenance policy; only grading when absolutely
necessary, no patching of driveway, and plow a walkway during the
winter as needed.
B. Cease all maintenance: until developer properly builds street, and
parking lot driveway is improved by apartment owner.
C. Install barricades to keep out vehicular traffic between Adams
Street and the edge of the parking lot.
D. Vacate the R/W to abutting property owners and retain utility easement.
E. Improve the roadway to the recommended 36 foot width, provide adequate
base and bituminous material, and install adequate storm sewer control
assessing the developer and/or abutting property owners
RECOMMENDATION:
D. Vacate the R/W to the abutting property owners and retain utility easement.
'4:4
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April 7, 1c980
'Op. tit
REPORT ;`}}} i,
1980 Improvcnfcnt s ; .+
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TO: City of Shakopee � l.�•!
FROM: Suburban Engineering, Inc. 'i'414; ,
SUBJECT: 4th Ave. — Adams to Ilarrl .• ton Sr . .A ti,
ii
GENERAL yK
As directed, we have made this preliminary invest igat ion ' 'Y
p for the construct— �? �
fon of a local City street improvement on 4th Ave. from Adams Sr. . to Ilarri— 1r"}
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necessaryson St. , includinstorm sewer construction. In addition, a separ— :�1:ii,
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study was made to investigate the improvement. of Adams St. to a finished ; ,:''
collector street. The report on the Adams St . investigation is included %'A;
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with this report but may be considered as a separate project with special 5.��':i
provisions for modifying the intersection of Adams St . and 4th Ave, (X,r+f
,t•Y
EXISTING CONDITIONS [,g4.:
Iii t 7.
The present roadway of 4th Ave, is a marginal gravel surface about 30 ft . ;4,.
wide on 80 ft. wide right of way. The profile grade is minimal and slopes from AO
;
Adams to Harrison. Drainage is presently provided at a catch basin in the �,Ir'�+�'.I'.
southeasterly corner located off the roadway in a low area . The basin is ,
ll
connected to the trunk storm sewer on Harrison
� �:,,arrison Ave. • : .ty;
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According to preliminary soils boring information, portions of the roadbed '' 'r
is constructed on fill material in the vicinity of Adams and the suitability :ti-, ,
for roadway construction is qucst.inalrle on a preliminary basis. The natural .s.:
soils are a silty sand and are considered acceptable for roadway construct— .4 `''-
.-J, riy,�7
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ion. Additional soils data is necessary for final design.
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For preliminary design purposes , an ' It" value of 15 was assumed which is '"<zf)ky•
g; .ticr:
based on soft soils. Small amounts of organic materials were found in the 1;,M1t
sub—base materials. ;;�;! �'x`
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e EXISTING CONDITIONS (can' t.)
Dei vcwayti to the north entering apartment site:: are not we l I defined and
provide poor control of cars entering or ieaving the :street . i'hose driveway
arc relatively flat so that drainage must be carefully considered.
DESIGN CRITERIA
} The preliminary thickness design is based on present City standards and
MnDOT standards', The 'criteria used is a 20 year projected volume of 50,000
9 ton loads. The subgrade factor used ish
" ' 15 which represents the poorer
soils found in the soils investigation. The preliminary thickness designed
is 2" more gravel than a mininnrn construction standard of Shakopee for local
streets.
In the preliminary design,anew profile is prnliur.cd to meet the new profile
of Adams St. Other grades will he at. City inininicim grades and will match
adjoining lands as close as possible.
PROPOSED PROJECT
The proposed project will he a finished local st reet , 36 ft . wide with curb
and gutter and catch basins . Sanitary sewer and water main has been installed
previously.
ESTIMATES OF COST AND ASSESSMENTS__
The detailed estimates of cost for the street , storm sewer and water main
arc included in Appendix A. The estimate of costs are based on available
date of soils and ledge rock inforn.at.ion and on what we expect contractors
to bid for such work in 1030, The cost estimate!. Iicc Idde an allowance for
atlministr•ntion, engineering, fiscal , legal and mise rl I.ineous
charges. The
estimated cost of the improvement is: .$75,840.00.
It is proposed to use the adjusted front footage niet livid for street benefits
to the properties abutting the improvement .
The estimated assessments for street is computed on the basis cif a minimum
local street according to the City policy. The extra cost is proposed to
be paid fro ,...oChcr street funds .und:: . c cordiugly, the est 'mat eel assessment: cost
is $62,475.O0. The corresponding assessment rate for a minimum local street
is X55:05/ft . ` fi I
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ifa
MEMO TO: John K. Anderson, City Administrator
FROM: Judith S . Cox, City Clerk
RE: Adopting New Animal Control Provisions
DATE: August 11 , 1983
Introduction
Pursuant to Council direction, Mr. Coller has prepared the attached
ordinance which requires an owner of a dog or domestic animal to
immediately remove any feces left by such animal from any public or
private property , with exceptions .
Action Recommended
Offer Ordinance No. 131 , An Ordinance of the City of Shakopee,
Minnesota, Amending Shakopee City Code Chapter 10 Entitled "Public
Protection, Crimes and Offenses" By Repealing the Title of Section
10. 21 and by Enacting a New Title for Section 10. 21 ; and by Enacting
New Animal Control Provisions and by Adopting by Reference Shakopee
City Code, Chapter 1 , and Section 10.99 , Which Among Other Things
Contain Penalty Provisions , and move its adoption.
JSC/jms
ORDINANCE NO. 131
Fourth Series
An Ordinance of the City of Shakopee, Mlnnesota,Amending Shakopee City Code
Chapter 10 Entitled "Public Protection, Crimea and Offenses" By Repealing
the Title of Section 10.21 and by Enacting a New Title for Section 10.21;
and by EnactingNew Animal Control Provisions and by Adopting by Reference
Shakopee City Code Chapter 1, and Section 10.99, Which Among
Other Things Contain Penalty Provisions
THE CITY COUNCIL OF THE City OF SHAKOPEE, MINNESOTA, ORDAINS:
SECTION I: REPEAL
The ':title of Section 10.21, to-wit: "Dog and Cat Regulation and Licensing"
is hereby repealed.
SECTION II: , NEW TITLE ADOPTED
Section 10.21 henceforth shall be entitled "Dog, Cat and Domestic Animal Regula-
tion and Licensing".
SECTION III: Subdivision 8 of Section 10.21. entitled "Other Unlawful Acts"
is amended by adding thereto thefollowini_new paragraph.
It shall further be unlawful for any owner as herein defined having custody or
control of any dog or domestic animal not to immediately remove any feces left by
such animal on any public or private property and to dispose of such feces in a
sanitary manner and not to have in such owners possession a device or equipment
4)
for the picking .up and removal of such animal fec s. he provisions of this
paragraph shall not apply to4public streets or roads or to rural undeveloped areas
of the City nor to guide dogs accompanying a blind person or to a dog used by police
or in rescue actions.
SECTION IV: PENALTY PROVISIONS ADOPTED
Shakopee City Code Chapter 1 entitled "General Provisions Applicable to the
Entire City Code Including Penalty Provisions " and Section 10.99 entitled "Violations
a Misdemeanor" are hereby adopted in their entirety by reference as though repeated
verbatim herein.
SECTION V: When in Force
This Ordinance shall be published once in the official newspaper of the City of
Shakopee and shall be in full force and effect on and after the date of such
publication.
tt�2II EE otrultunit! Eruittcz
129 Levee Drive
Shakopee, Minnesota 55379
Phone 445-2742
Community Education • Parks • Recreation • Adult Education
George F. Muenchow, Dir.
August 15, 1983
Memo To John Anderson
Subject : Swimming Pool
1 . I have just been informed by the two managers of the
swimming pool that we will not have enough qualified
guarding staff for next weekend. There is only one
guard available each day. The managers were previously
concerned that this might happen, but still thought
that we would be able to squeeze by. Most had previously
apparently made pretty solid plans based upon the
original information that the pool would close the 14th.
Based upon this information we have no choice but to
close after this Friday evening, August 19.
(Saturday)
2. Yesterday/I received a frantic call from the High School
Swimming Coach that she had just found out that the Jr
H.S. indoor pool would not be available August 15 because
of a mechanical breakdown. The High School Girls Swim Team
was to start practicing Monday morning, that day. She
asked if they could use the outdoor pool mornings until
the problem is corrected, probably one week. I said yes
and they started this morning. They are operating in a
safe manner and their is no additional out-of-pocket cost
to the City
George F. Muenchow
A COOPERATIVE EFFORT OF THE CITY OF SHAKOPEE AND SCHOOL DISTRICT 720 SINCE 1954