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HomeMy WebLinkAbout11/01/1983 1 MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Non-Agenda Informational Items DATE: October 27 , 1983 1 . Attached is a memo regarding 1984 labor negotiations to be used in discussing item 11a on the agenda. 2 . When does Council wish to canvass ballots , Wednesday or Thursday after the election? We can meet at 5 : 00 or 5 : 30 p.m. and make it a brief meeting or have a worksession at 7 : 00 p.m. if you wish to discuss the 6-Year C. I .P. Please look at your calendars and be prepared to discuss this Tuesday night . 3 . "Jacks by the Tracks" formerly Abeln' s Bar was busted for selling to minors . The Police Department is following normal procedures on this case . 4. Please make sure that you read the first article in the October, 1983 issue of the League magazine regarding the Supreme Court ruling on the open meeting law. 5 . A replacement for Wally Bishop on SPUC recently popped up in our suspense file . As you know Mr. Bishop did resign from SPUC, but consented to continue serving until a replace- ment could be found and the two new members could obtain some experience on the board. In checking with Mr. Bishop again, he is still encouraging Council to find a replacement . In November of 1982 , three residents expressed an interest in replacing Mr. Nolting who resigned : Virgil Mears , Lee Scheller and Jim Cook, who was ultimately appointed. It would be helpful to come up with a few more viable names to place in nomination before an ad is placed in the news- paper again to recruit interested residents . Councilmembers should think about potential candidates and contact them now because the ad in the newspaper doesn' t normally generate many people interested in being nominated. 6 . Please read the attached article from the League magazine regarding a city council ' s decision to deny a subdivision application. This article makes good background for council decision making when it reviews Planning Commission recom- mendations on subdivisions . 7 . Attached is the list of vehicles sold at the Hennepin County auction for your information. 8 . We received good news twice this week. The City won the Lindstrand-Grayson Assessment Appeal and the Axel Newman Heating & Plumbing cases which were a result of the County Road 16 Utilities Project . There is a third appeal pending however the City has won the significant cases . Please note that Rod complimented the recording keeping of the Engineering Department in both cases . Frequently we take the wrap for being somewhat bureaucratic in our record keeping; therefore , Non-Agenda Informational Items Page Two October 27 , 1983 its nice to hear about it when that record keeping helps the City. The next time you see Rod please thank him for the superb job he did in preparing for the cases and trying them. 9 . Councilmembers may or may not have been aware of the fact that the County Board had on record an official resolution against the use of tax increment financing and industrial revenue bonds . At a recent meeting with the Board over the issue of County procedures in computing fiscal disparities payments for tax increment financing districts, I was able to make enough points so that the Board consented to amending its resolution. The attached resolution would amend their resolution and allow them to consider favorable action on individual projects on a case by case basis . This resolution should be on the Commissioner ' s agenda on Tuesday, November 1st . 10 . Attached is a follow-up letter to a resident regarding restoration required by Zylstra-United. 11 . Attached are the weekly subscriber counts for Zylstra-United. 12 . Attached are the minutes of the October 13 , 1983 meeting of the Shakopee Coalition. This group has gotten off to a flying start and is backing the K.C. ' s efforts to put on a three day town hall meeting at the K.C. Hall . It could well be that the Shakopee Coalition will become a significant organization in Shakopee. Councilmembers not familiar with what the group is doing should contact George Muenchow or myself regarding the Coalition. 13 . The City has filled up the Utilities stuffer card for November with notices on snow removal and the PIR fund ballot issue . The suggestion that we include a stuffer for reminding resi- dents about the dog ordinance will be run this spring just before snow melt unless Councilmembers feel there is a need to run it sooner. 14 . Attached is the monthly calendar for the month of November. 15 . Attached are the minutes of the October 6 , 1983 Planning Commis- sion and Board of Adjustments and Appeals meetings . 16 . Attached is the agenda for the November 3 , 1983 Planning Commis- sion meeting. 17 . Bo completed the work on the alley in Block 50 October 25th. MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: 1984 Labor Negotiations DATE: October 26 , 1983 Introduction In mid-September the City received the attached list of demands from Teamsters Local No. 320 for both Police and Public Works . The specific demands are attached to this memo for Council review. In preparation for 1984 labor negotiations I have gathered infor- mation on economic trends , metropolitan area labor settlements , cost analysis of the union' s demands , and the City' s financial capabilities and summarized them in this memo for Council review. Economic Trends The most recent information on inflation for 1983 was published in the October 15th issue of the Star and Tribune. It indicated that through the 9 months ending September, 1983 , the inflation rate was virtually certain to be better than last year ' s 3 . 7% which was itself the lowest in more than a decade . Last year ' s Shakopee wage settlement was for 5% plus benefit increases equal- ling a total package of 6 . 25%. This was the metropolitan average for 1983 . The consumer price index, an index slightly different than the inflation rate index sited above , was running at an annual rate of 3 .7% through Sept . of 1983 . A graph of the con- sumer price index is presented below for your information. Consumer Price Index Percent change from previous month 1.4 Up0.5%In 1 Septsmbet for`^ 1 2 an annual rata of Inflation — 1.0 of 3.7%so far In 1983. 0.8 0.8 / 0.4 a 4.0.2 .0 t 2 -11 chmo ^ JJASONDJFMAMJJ A S O N D J F M A M J J A S 1981 1982 1983 Source/U.S.Department of Labor i Nationally pay raises for major labor contracts settled in the first half of 1983 are averaging 2 . 7%. These settlements have produced the smallest average pay raises for workers in the 15 years the labor department has been keeping track of wage contracts . In the Minneapolis-St . Paul metropolitan area the consumer price 1984 Labor Negotiations Page Two October 26 , 1983 index is running slightly lower than the national index and is currently less than 3%. 'Finally, action by Congress has created a new national holiday which will be implemented in 1986 in honor of Martin Luther King, Jr. Metropolitan Area Labor .Settlements According to the MAMA General Labor Relations Committee , which represents the bulk of the metro area suburbs negotiating police and public works contracts , it appears that this year police settlements will be setting the stage for all the rest of the bargaining units in 1984. To date there has been six police settlements . Two of them of have been arbitrated and the remainder negotiated. In all cases the settlement has resulted in a 5% increase , setting top patrol at $2 , 335 per month. Insur- ance has been established generally at $145 per month, but does vary with individual cities . The six cities that have settled are Apple Valley, Inver Grove Heights , North St . Paul , Plymouth, Roseville and West St . Paul . According to Cy Smyth, from Labor Relations Associates , nothing else of substance has been included in any of these early settlements . The City of Minneapolis , as most of you have heard, is in the middle of a controversy with the Mayor trying to keep the total cost of the 1984 settlement at a maximum of 5%. Analysis of Local 320 Demands Please review the attached letters outlining the proposed contract changes for 1984 in the Public Works and Police contracts . Unlike last year, I have not costed out all of the items on the list of demands because I feel that the precedent set by the settlements in the metropolitan area indicates we only need to focus on salary and the City contribution to the health , life and long term dis- ability package . Should we be required to discuss any of the other items listed in their demands I will cost those out later for Council review before they are discussed in negotiations . The cost of a 1% increase in salaries for all employees equals $12 ,000. Therefore , a 9% increase as proposed by the Police Department would be $108,000 for all employees and the 12% increase proposed by Public Works would be a $144,000 package for all employees . The cost of a $10.00 increase in the City' s contribution to health, life and long term disability benefits for a family would equal $1920. Presently employees with dependants are paying an additional $58 . 98 per month above the $150.00 contributed by the City for these benefits . Therefore , to meet the demand of the Union for full coverage for employees and dependants , the City would have to contribute $11 , 520 to the benefit package annually for all employees . ( $58 . 98 10 = 6 x $1 ,920 = $11 , 520) City Financial Capabilities The City has already included a 3% salary increase and an additional $10.00 contribution to the employee ' s health, life and long term 1984 Labor Negotiations Page Three October 26 , 1983 disability benefits . The City has included in the ' 84 Budget $108,458 in contingencies and we normally use less than $60,000 of this amount . The cost to the City to bring the budgeted 3% increase and $10.00 health benefit into line with the police settlements listed above would be an additional $24,000 in salaries ( 2 x $12 ,000) , and an additional $1 ,920 for health, life and long term disability benefits . The metro police labor settlements have been adding an additional $20.00 to the health packages which means that Shakopee would have to budget a second $10.00 increment at a cost of $1 ,920 to match this package . Thus , the total additional cost for a settlement matching those discussed above would be an additional $25 ,920 which can be covered by the amount provided in contingencies . Alternatives 1 . Wait until there are further labor settlements in the metro- politan area which might alter the trend in settlements established by the six cities discussed above , and which might bring us closer to the end of the year so we would not have to deal with 9 month projections for inflation or the consumer price index. 2 . Begin negotiations in earnest with an intent to settle with all union and non-union employees with a total package equalling that of the six settlements discussed above . 3 . Negotiate to bring the final package in an 3% plus an addi- tional $10 .00 for health, life and long term disability which are the figures incorporated in the division budgets for 1984. Recommendation I recommend alternative No. 2 . Things have been quiet on the labor front in Shakopee for the last several years and I believe that can be attributed to our efforts to peg our salaries at the metro average . Because two of the police settlements include arbitration awards , I feel confident that there is no reason for us to settle for a package costing any more than that established by the six cities listed above . The only question for Council is whether or not they want to maintain past philosophy or whether they feel its necessary for Shakopee to come in with a package that costs slightly less . In making this decision Council must realize that while we can count on arbitration to bring a police wage package down to the metro average, the policemen can likewise count on arbitration to bring any proposal we put on the table up to the metro average . I would also like Council to consider the creation of an innovative benefit program that some larger private sector employers are currently using. It calls for the payment of health insurance benefits into an individualized account for each employee rather than simply making continued increasing payments to the health provider. This approach is married with an increase in the deductible which holds down the premium of the health provider and in turn 1984 Labor Negotiations Page Four October 26 , 1983 allows the employee to d. aw from this individualized account to make payments on medical bills that would not be covered because of the increased deductible. This approach means more work for the Finance Department but in the long run might become a significant benefit to employees while holding premiums down on health, life and long term disability rates . It would be my intent to discuss with the unions putting the additional $20.00 for health, life and long term disability payments in such individualized accounts rather than just increasing the City' s $150.00 contribution to the health provider by $20.00. Action Requested Council consensus to allow the City Administrator to negotiate 1984 wage packages not to exceed the 5% salary increase and $20.00 bene- fit increase established by early police settlements in the metro- polican area . Furthermore , that the City Administrator be permitted to discuss an optional individualized health account should the labor unions be willing to participate by increasing the deductibles on the current health plan. JKA/jms - ��„� MINNESOTA TEAMSTERS PUBLIC & LAW ENFORCEMENT EMPLOYEES UNION r' LOCAL N0. 320 'Q`'g' VI•ITE7 A,! affiliated with the t X 16 A SO f'1 INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA «,;; 3001 University Avenue S.E. — Minneapolis, Minnesota 55414 — Phone (6.12) 331-3873 '4>7E14'3 September 12 , 1983 � 9. �, • r; s ;, Mr. John Anderson City Administrator 129 East First Avenue z , Shakopee, Minnesota 56379 Re: Proposed Contract Changes - 1984 - Public Works Dear Mr. Anderson: The following are proposed contract changes for 1984 for the Public Works Department: 1 . 12% increase in wages . 2 . Employer to provide and maintain uniforms . 3 . Employer to provide and pay for dental insurance for employee and dependents . 4 . Employer to provide and pay for eye insurance for employee and dependents . 5 . Employer to provide and pay 90% of family insurance coverage . 6 . Vacation: 0 - 5 years employment 10 days 6 - 11 years employment 15 days 12 - 20 years employment 20 days 21 & over years employment 25 days 7 . One (1) additional holiday - Friday following Thanksgiving . The Union reserves the right to change and/or modify proposed changes . Any items not changed or modified shall remain in full force and effect. Sincerely, TEAMSTERS LOCAL NO. 320 CC Lf L <i�c C � < ^l �-. C_ Lawrence E . Evans Business Agent /azO cc • Joe Honerman United To Protect MINNESOTA TEAMSTERS PUBLIC & LAW ENFORCEMENT EMPLOYEES UNION ,, airvC a'r. -4, LOCAL NO. 320 r :oNs, I r aaffiliated with the 44! E R_ y�k !� INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOI S,EMEN & HELPERS,OF,AMERICA "'•, .i� 3001 University Avenue S.E. — Minneapolis, Minnesota 55414 —.Phone (612) 33I-3871 / .t3 September 16, 1983 Mr. John Anderson City Administrator 129 East 1st Avenue Shakopee, Minnesota 55379 Re: Proposed Contract Changes - 1984 - Police Department Dear Mr. Anderson: The following are proposed contract changes are submitted to you on behalf of our members employed by the City of Shakopee Police Depart- ment: 1. Wages : a. Increase the wage schedule and longevity schedule by nine percent (9%) . b. Investigator to receive $100.00 per month over top patrol. 2. Holidays: a. One (1) additional holiday; b. Six (6) major holidays at two (2) times rate plus additional day off; c. All other holidays at time and one-half plus additional day off; d. Holiday to include Mondays when all other employees are off because holiday falls on weekend. 3. Vacation: a. Four (4) weeks vacation after ten (10) years service; b. One (1) additional day for each year thereafter. 4. Medical: a. Health and Welfare shall be paid in full for employee and dependents. b. Employer to provide dental and eye program and pay all costs to maximum of 85%; c. Employer to provide insurance on retirement and pay 75% of cost. United To Protect Mr. John Anderson -2- September 16, 1983 5. Sick Leave - Severance: Severance pay shall be paid at 40% of unused sick leave. The Union reserves the right to change and/or modify the proposed contract changes during the course of negotiations. Any items not changed and/or modified shall remain in full force and effect. Sincerely, TEAMSTERS LOCAL NO. 320 • Lawrence E. Evans Business Agent /azo- cc: Ronald Scherer, steward Court decisions summarized by Ellen Longfellow Zoning: that the statutes authorize cities to council made the decision in good faith. subdivision application regulate land use within their bounda- In this case, the Court found suffi- ries. Variances are available for "undue cient evidence that denial of the A city council's subdi- hardships" but M.S. 462.357, subd. 6 vision application did not deprive the subdivision council's decisionion is to denyd specifically states that "economic con- landowner reasonable use of his prop- aditions alone" shall not constitute erty. The council also could reasonably a rational basis for the decision "undue hardship." have reached the conclusion that the exists. The duty of the Court was to review landowner's situation was not due to The Mendota Heights City Council the city council's decision and decide circumstances "unique to his proper- denied a landowner's application to whether the council had been arbitrary ty" as it was partly a result of the subdivide his lot into two lots and and capricious. The council has broad illegal acts of the previous owner. refused to grant variances for two discretionary power and a court cannot (VanLandschoot v. City of Mendota buildings on that property. The pre- invalidate the council's decision if the Heights, Minn. Sup. Ct.July 8, 1983.) vious owner of the property had applied for similar permission but the council had refused because the lot did not comply with the city's 30-foot front yard setback requirement. Conse- quently, that individual placed fill on the CHEMICAL TESTING lakeshore next to the lot to increase the size of the lot. This action was in violation of city ordinances and rules of FOR the State Department of Natural Resources. The present landowner was aware HAZARDOUS WASTE of the earlier denial of the subdivision application for that property. He filed a new application and claimed that he would be subject to "hardship" if the council denied it. At the hearing, he Including PCB's In testified that this hardship would include ongoing real estate taxes, the * Transformer O i l cost of landscaping and maintenance, * Water and the cost of erecting a larger house on the lot. Neighbors, testifying against * Waste Water the application, said that they believed * Sludges that if the city granted permission for the subdivision, the present landowner would profit from the illegal activity of For More Information Contact the previous owner. The city council looked at these issues and others such as the landown- <104 MINNESOTA VALLEY er's proposal to construct a private TESTING LABORATORY, INC. driveway or a public right-of-way and decided to deny the application. The landowner appealed to the District Court. The Court ordered the city to 326 Center St. New Ulm, MN 56073 approve the application because it held that the council's decision was "arbi- trary, unreasonable, and capricious." In Minnesota Call Toll Free: The city appealed. The Minnesota 1.800.7$2.3557 Supreme Court reversed that decision, Outstate Call Collect saying that the city council's action was 507.354.8517 valid because, according to the evi- dence, the council had a rational basis for denying the subdivision. In its analysis, the Court emphasized 28 Minnesota Cities Didyknow?ou Stanley Peskar Liability—emergency care Does the "good samaritan law" and their staffs in the event that volun- rable skills in that community or nearby require city fire departments to teers provide the emergency medical communities. respond to calls for emergency service. Protected volunteers include If the good samaritan protections medical assistance? What are the fire, police, ambulance, and first apply, the legal system will not subject implications of the law for cities? providers. the person rendering the service to In order to qualify as a volunteer the unpredictable second guessing of his or The good samaritan law changes providers must serve without compen- her actions based upon the "reasonable which require people to assist others sation or the expectation of compensa- person" standard. One of the problems exposed to or suffering grave tion. However, retirement benefits with that standard is its disincentive to harmxapplies only too people physicalat the such as those volunteers receive from further training because it allows a scene ofp an emergency. Thus, ani thei- a volunteer firefighters relief associa- judge or jury to increase the expected sidual aneme who happens. be at tion do not constitute compensation standard of care based upon the extent scene may firefighterbto we atld under the act. Nor will reimbursement of training and experience of the provi- theany other citizen,acompelled,treasonable of expenses or other "nominal" pay- der. Instead, under the good samaritan ment constitute compensation under law, a volunteer will be liable for acts assistance to the extent that he knows the act. that are "willful and wanton or reck- of the problem and can assist without The act does not define "nominal less" meaning malicious, intentional, or danger to himself or others. payments" and it is difficult to predict done without regard for the safety of The act does not change the former how the courts will finally construe others. The courts will still require a law as to the responsibility of paid these words. Legal dictionaries define best effort, but fewer cases will require police to assist in medical emergencies. "nominal" to mean not real or actual; jury trials. Arguably, police have discretion, but merely named, stated, or given without Cities should not look at the good because all licensed officers have first reference to actual conditions. samaritan law as a substitute for insur- aid training and traditionally have Therefore, minor per run payments ance. Law suits will still be brought responded to any emergency, the which do not relate to the hours the (hopefully not so many) and need courts and juries will continue to expect volunteers served on that run and defending. However, insurance rates peace officers to come to the scene of which only approximate the expenses for volunteer emergency medical prov- a medical emergency of which they the volunteer incurred for transporta- iders, fire departments, and police have knowledge and provide such tion, clothing, and other items are not should reflect reductions in the number assistance as seems practical until likely to be compensation under the and volume of claims as the courts more qualified help arrives. court's view. Hourly wages are anoth- develop the law in this area. Over time, er matter. Courts seem more likely to rates for volunteer services should be The intent of the good samaritan law look on such payments as compensa- lower compared to what they would was not to expand any duties or under- tion, especially if hourly rates approach have been without the act.■ takings of public entities to provide going rates for similar or even compa- emergency medical assistance. If a city is not now involved in providing emer- gency medical services, it still has all MUNICIPAL ORDINANCE the options it had prior to the good samaritan law. These legption include the possibiliyof relyingtotally CODIFIERS, INC. on other public or private providers regardless of how effectively they serve the community. This immunity Exclusively for Minnesota Governmental Units from liability for performance or failure to perform a discretionary function is in • Ordinance Codification M.S. 466.03, subd. 5. • Charter Revision However, if a city and its staff have • Code Update Service undertaken to perform or provide • Counsel Admitted to Minnesota Bar emergency medical services, the city will normally be responsible for exer- cising reasonable care in doing so. The 7400 Lyndale Avenue South, Minneapolis, MN 55423 new good samaritan law attempts to Phone (612)869-2403 ease this liability burden somewhat for those cities or nonprofit corporations October 1983 27 7 Memo To: John K. Anderson, City Administrator From: Gregg Voxland, Finance Director Re: Sale of Surplus Property - Informational Date: October 20, 1983 The City sold the below listed property for the amounts shown at the Hennepin County Auction on October 8, 1983. 1976 Granada $950 1974 IHC Scout 700 1-Ton Stake Body only 400 Air Compressor 200 GV:mmr Law Offices of KRASS, MEYER, KANNING & WALSTEN Imr Chartered Suite 300 Marschall Road Business Center Phillip R. Krass Paralegals 327 South Marschall Road Barry K. Meyer Susan M.Brown P.O. Box 216 Philip T. Kenning Barbara J.Hedstrom Shakopee, Minnesota 55379 Trevor R. Walsten (612)445-5080 October 25, 1983 Mr. John Anderson oc. ' , O 1(3S'3 Shakopee City Administrator 129 East 1st Avenue Shakopee, MN 55379 QF A" 1'®$ Re: Lindstrand - Grayson Assessment Appeal Dear John: Enclosed please find a copy of the Findings and Order on the Lindstrand - Grayson Assessment Appeal . As you can see, the Court found for the City on the issue of benefit. I did have some concern on the Court' s finding that the petitioner did in fact have reasonable cause not to give the City written notice of its intention to appeal. The Judge told me that quite frankly, he felt we were right in our argument, but that if he held for us on that issue, he would not be able to rule at all on the question of benefit, since he would have to dismiss the appeal. He said that since he was going to rule for us on benefit, he decided to make the ruling he did on the question of notice . I am convinced we were right on the notice argument and that no appellant has a right to go to court without giving us written notice at the time of the assessment hearing of his intention to appeal . I have received no indication from the petitioners as to whether or not they intend to appeal these findings . It would be exceedingly difficult for them to prevail on such an appeal. Keep in mind that Lindstrand and Grayson have instituted a second lawsuit suing the City for our failure to provide immediate sanitary sewer service to all of their parcel. In my opinion, this second lawsuit is entirely without merit, but you will recall I made an unsuccessful effort to have the case dismissed out of hand by summary judgment. I assume we will simply have to wait for it to be called in the normal course . Mr. John Anderson Page 2 October 25 , 1983 I would like to thank Bo, Judy, and your entire staff for the assistance they rendered in this case. We went in extremely well prepared and as I informed you at the time, I was most confident of the outcome ., We also received excellent testimony from Robert Strachota of Shanehon & Associates, who we used as our appraiser. I commend them to your consideration should we have need again for such testimony. Yours very truly, KRASS, ME R, KANNING & WALSTEN CHARTr Pl�illi R. Krass PRK:pk File No. 1-1373-127 Enclosure cc : Mr. Robert J. Strachota S./ Law Offices of KRASS, MEYER, KANNING & WALSTEN " ]oir Chartered Suite 300 Marschall Road Business Center Phillip R. Krass Paralegals 327 South Marschall Road Barry K. Meyer Susan M.Brown P.O. Box 216 Philip T. Kanning Barbara J.Hedstrom Shakopee, Minnesota 55379 Trevor R. Walsten (612)445-5080 October 26 , 1983 Mr . Henry Spurrier Shakopee City Engineer 129 East 1st Avenue Shakopee, MN 55379 Re: Axel Newman Heating & Plumbing vs . City of Shakopee Court File No. 82-10812 Dear Bo: I enclose a copy of the Findings and Order for Judgment in the Axel Newman case. As you can see, justice has prevailed again. Not only did Axel Newman fail in its effort to collect $70 ,000 from us, but they even lost the additional $5, 800 we agreed we owed them due to quantity changes from the original contract. That loss for Axel Newman occurred because they decided to go for the big bundle. I know that when this kind of money is involved, it is easy to rationalize offering the plaintiff some amount to try and avoid greater liability. I think our decision not to make any offer in this case was a correct one and I felt comfortable trying this case because of the excellent information you and your staff, as well as Bill Price, were able to supply. As I told you when we started, a case like this one revolves around information. The party able to retrieve and present in a cohesive manner its information is going to win. Axel Newmans information was poor, spotty, and often incorrect. Ours was complete. Congratulations to you and your staff on an excellent job. It was a pleasure trying this case. Yours very truly, KRASS, MEYER, KANNING & WALSTEN CHARTERED Phillip R. Krass PRK:pk Enclosure File No. 1-1373-136 cc: John Anderson ,/ William Price BOARD OF COUNTY COMMISSIONERS SCOTT COUNTY,MINNESOTA Dato Resolution No Motion by Commissioner Seconded by Commissioner RESOLUTION NO. ; RECONSIDERING SCOTT COUNTY'S POSITION ON INDUSTRIAL REVENUE BONDS, TAX INCREMENT FINANCING AND TAX-FREE MUNICIPAL BONDS. WHEREAS, on May 25, 1983, the Scott County Board of Commissioners went on record adopting a postion disfavoring the tax advantage allowed on in- terest income from local government bonds; and WHEREAS, in the course of considering the variety of tax increment fi- nancing and industrial revenue bond projects submitted by Scott County gov- ernment jurisdictions for review and comment by the County Board, the Commis- sioners have recognized the benefits of certain projects to Scott County where- in they have contributed favorably to the tax base and have created permanent jobs for Scott County citizens; and WHEREAS, in consideration of the favorable aspects of those industrial revenue bonds and tax increment financing projects contributing to the eco- nomic and social welfare of industry, commerce, the professions, trades and citizenry within Scott County, the County Board has reconsidered its position on these methods of financing. NOW THEREFORE BE IT RESOLVED that the Board of Commissioners in and for the County of Scott, Minnesota, goes on record herewith consenting to give objective study and consideration of support to those tax increment financ- ing and industrial revenue bonding projects which: 1. add favorably to the tax base of Scott County. 2. create new jobs available to Scott County residents. 3. provide housing on a redevelopment basis only whereby the project area will be enhanced both economically and socially. 4. offer a bond retirement term of the shorest possible duration. BE IT FURTHER RESOLVED, that notwithstanding the special conditions set out above, each industrial revenue bonds and tax increment financing project submitted to the County Board for its consideration will be carefully weighed on its individual merits and acted upon accordingly. BE IT FINALLY RESOLVED, that copies of this resolution be furnished each municipal and township government within Scott County by the County Administrator. YES NO Koniarski Koniarski Worm Worm Mertz Mertz Stromwal l Stromwal l Boegeman Boegeman State of Minnesota } County of Scott I,Joseph F.Hies,Duly appointed,qualified and acting County Administrator for the County of Scott.State of Minnesota,do hereby certify that I have compared the foregoing copy of a with the original minutes of the proceedings of the Board of County Commissioners, Scott County,Minnesota,at their session held on the, day of 19 now on file in my office,and have found the same to be a true and correct copy thereof. Witness my hand and official seal at Shakopee.Minnesota.this day of County Adminstrator SCA Fpm 1 BY Administrator's Designee 21?..00ii.rw- 41\ CITY OF SO AK PEEa INCORPORATED 1870 1===ammissr lir\ 4' A129 d:.. 129 E. First Ave. f Shakopee, Minnesota 55379 1376 (612) 445 3650 ,, , c, b October 24, 1983 r�` ,. f ' 4:' Zylstra-United Cable Television Company 137 East 1st Avenue Shakopee, MN 55379 ATTN: James W. Abbott RE: Polk Street Restoration Complaint Dear Mr. Abbott: Today I was informed by Sandra McNellis of 1222 Polk Street, that you had inspected the damage to her property and that you had agreed to make restitution for the damage. I would like to thank you for personally resolving this problem. Sincerely, ;:41.--`-‘ R4.ia.,4:4-6.- --- Ray Ruus'ka Engineering Coordinator RR/jvm cc: Mayor & Council Cable TV Committee Jeanne Andre, Administrative Assistant H. R. Spurrier, City Engineer .l. t 0 /1 I: ar l ‘.1 / (t 1r, �' rr An Equal Opportunity Employer MOM H 06L SYSTEM.-(' f, Q SUBSCRIBER COUNT DAILY / WEEKLY REPORT 1/ TOTAL. 10((O , l( I U /Z 10/13 I C)//(1 WEEKLY. `GRAND DATE WON TOES WED THURS FRI TOTAL UNIVERSAL — Ch. 2-133 TOTAL TIER I — Ch. 2-43 3 •Econovision 3 -) . ` 3 Econo/ 1 or more prem. ,h� —r y -, 5 11 TIER II — Ch. 2-58 Basic Basic / 1 or more prem. L tt PACKAGES (CHASKA ONLY) lJ rC , f MINIVISION - 2 prem. MAXIVISION - 3 prem. TOTALVISION - 7 prem. PREMIUM HBO TMC • ,1 , 1 ; MAX i } 'S SHO • / ! ! ; Cf ru DISNEY , ; C . : BRA u' IC) I 'u � HTN - { - SPECTRUM J + �� W' , ADDS (DAILY INSTALLS) _ 1 CONNECTS L) . . 105d1 DISCONNECTS (DAILY) I C-`l 1 TOTAL Si ( • I[ ' 2nd TV SETS (I 1 t t Shakopee Coalition October 13, 1983 Meeting Minutes Present: George Muenchow Bill Schleper Virgil Mears Jim Fagan Terry Link Dick Swerdlick Gene Skalsky Marcia Spagnolo Steve Johnson Ruth Schneider Pat Ploumen Roman Schneider Kathy Lewis Tom Reiner John Neely Deloris Gorman Bill Streff Earl Fleck Joan Zwach Chair John Neely called the meeting to order at 7:00 a.m. The Chair called for the designation of a person/persons to chair/co-chair. the Town Meetings on November 1,2, and 3. Gene Skalsky agreed to act in that capacity and to contact Fred Jurewicz to co-chair the meetings. Terry Link and Chairman Neely reported favorable responses from various community representatives to endorse the Shakopee Coalition activity regarding the Chemical People Project. Publicity plans for Chemical People and the Town Meetings are under way. Dick Swerdlick reported that the brochures are available in limited quan- tities due to the demand. Terry Link will re-do the brochure at cost, on an 8 x 11 sheet for insert in the Mint and other distribution. Gene Skalsky has arranged for radio time on KSMM, a 9:00 - 9:30 time slot, interview program. Chairman Neely asked Dick Swerdlick to be part of the program since he is most knowledgeable about the project. Steve Johnson will participate in the program. Tom Rein er will distribute the Chemical People brochure to the Protestant churches and Bill Streff will distribute the one-sheet prints to the three Catholic churches. These will be inserted in the church bulletins for October 30. There is a meeting room conflict at the K.C. Hall on November 3 in that all the rooms were booked. The K.C.s are working to try to resolve the problem. Virgil Mears reported that the school district has about 10 monitors (about 4 in color) which may be used at the K.C. Hall November 1,2, and 3. Gene Skalsky will get some of the K.C.s to work with Jack Trimbo to organize transfer and connection of the sets. Dick Swerdlick reported on progress of the Town Meeting panel. Those who have agreed to participate are: Tom Reiner, Earl Fleck, Steve Johnson, and Dick Swerdlick. Wally Bishop will most likely be involved and several others (ie, a parent and a student) will be sought to participate. It was C.� Shakopee Coalition Meeting Minutes October 13, 1983 suggested that efforts be made to include female representation on the panel. Suggestions should be routed to Dick. Chairman Neely reported that Shakopee Coalition has received a $100. donation from the Shakopee Crime Commission. Other donations are expected; therefore, a treasurer is needed. With support of the group, George Muenchow has agreed to serve in that capacity. George Muenchow announced that ten reservations have been made for the Volunteer Workshop, October 18, Thunderbird. George also informed the group of the Scott County Resource Directory which is available for $5. plus postage through the Scott County Extension Office. He commented about the many resources listed and suggested that organizations might find the Directory helpful. The Shakopee K.C.s are sponsoring a teen dance with a band on Halloween night, Monday, October 31. This dance is primarily for those in grades 7,8, and 9. All members are asked to spread the word about this event. The next meeting of the Shakopee Coalition is Thursday, October 27, 6:30 - 8:00 a.m. , Citizens State Bank Community Room. This will be the final organizational meeting before the Chemical People Project Town Meetings. All members are asked to talk up the Town Meetings not only with members of their respective organizations but also with others in the community. Meeting adjourned at 7:35 a.m. NOTE: If any member of Shakopee Coalition is unable to attend a meeting, please get someone else from your organization to attend in your place. Respectfully Submitted, Pat Ploumen Ln N Os) �O 1.--Ir-1 N \ y _. f _ . H C.) H oo 1.n c-1 c-I N >-I H d' CI] ,-I H a P x (t., H >- -u O W Q •,-1 H Q U U -1 V c1 O 1---- O -.1' .-I .-1 •,-i N 1-1 n • p • 1i • H :i bO•H E �• 0 f ? E H F: •rma Ccn a. CL, ci» zb EA EH L >, o o Z 0 c.. cid G cilc•• Z H , 0.+ U1- PP W Hr- HUUU C ) cc N a\ cn cn O . > cd 7-1 ' N Cr) r..., 3 • W • cid E E E U = : , U ? C• W n � O a Ua a •r1 cnO -,--1 O O 0 •, > cd c-) ,-1 O U O z O 'c . •• O •. U .. } H c vl N Cr., H N N U Cr) E zo O E Cr) • CI, H U a U H H Oo 1- <, P � o 0U1- W Q xU1` j.. - H c r-1 N N > • a) E a) E a E E P •,--1 • • a) • • UlJa aQa Oa o .,-a •r-1 a) cn u ,-1 —I O in a) o ,-1 •r1 0 •r--I Cr) E c-1 •-+ O > M P-I \t UQO (T.-, o0 Ude r I,- cn O .-1 N N j-1 • P (y( f!) 1. 45r PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEATS REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 6, 1983 Chrm. Schmitt called the meeting to order at 7:35 p.m. with Comm. Koehnen, Czaja and Perupich present. Comm. Rockne arrived later. Comm. Coller and Stoltzman were absent. Also present were Jeanne Andre, Acting City Planner and Cncl. Vierling. PUBLIC HEARING - WIGGINS VARIANCE REQUEST Czaja/Perusich moved to open the public hearing regarding the request for a six foot side yard variance from setback requirements. Motion carried unanimously. The Acting City Planner stated that the applicant is Dave Wiggins, Sun West, Inc. , 1220 Polk. She said the variance requested is for the purpose of constructing a 20' x 22' garage on property at 2083 12th Avenue West. She went over the considerations involved and stated staff recommends approval of a five foot sideyard variance, because a 6' variance would mean the garage would mean the garage would be built partially on an easement; whereas a 5 ' variance would not place the structure upon an easement. This change would involve either the application for a one foot front year variance or a one foot re- duction in the size of the garage. Comm. Rockne arrived at 7:42 p.m. Chrm. Schmitt asked if there were any comments from the audience, Dave Wiggins said he would be happy to get the five foot sideyard variance, and adjust the garage dimensions to avoid having to return to the Planning Commission 'or a one foot front yard variance. Chrm. Schmitt pointed out to the applicant the minimum lot size requirement in Shakopee, and said if he intended to subdivide this lot as appears to be in- tended on the drawing submitted with the variance, all of the lots would not meet the minimum 4,000 square foot requirement. Chrm. Schmitt said that was outside the variance proceedings, but he wanted to point it out for future reference, and suggested the applicant check with planning staff if he planned to sell the townhouse units individually with separate lots instead of common open sapce. Perusich/Czaja moved to close the public hearings Motion carried unanimously. Czaja/Perusich offered Variance Resolution No. 34.2, granting a sideyard setback variance for Lot 3, Block 1, Minnesota Valley 5th Addition amending the request to 5 feet to allow for the construction of an attached garage, and moved its adop- tion Motion carried with Comm. Rockne abstaining because of his absence for part of the discussion. Board of Adjustments and Appeals October 6, 1983 Page 2 PUBLIC HEARING - BURGER KING CORP. SIGN VARIANCE The Acting City Planner stated the applicant withdrew its request for a sign vari- ance. Mr. Bill Ranek answered some general questions about the size of the sign. Perusich/Rockne moved to adjourn. Motion carried unanimously. Meeting adjourned at 7:48 p.m. Jeanne Andre Acting City Planner Diane S. Bauch Recording Secretary /15 PROCFRDINGS OF THE PLANNING COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 6, 1983 Chrm. Schmitt called the meeting to order at 7:48 p.m. with Comm. Rockne, Koehnen, Czaja and Perusich present. Comm. Stoltzman and Coller were absent. Also present were Jeanne Andre, Acting City Planner and Cncl. Vierling. John K. Anderson, the City Admr. , arrived later. Comm. Koehnen questioned the minutes of August 4, 1983 because there was no reference to her inquiry of the City Planner regarding notification of the environmental hearing on the sludge farm property. She said she checked with the Assistant County Attorney and found it was not a requirement of the Waste Management Commission to notify the adjacent property owners to the sludge farm. She said she would like the minutes corrected and the tape of that meeting archived for 2 years. Chrm. Schmitt said that staff would update the minutes and their approval would be delayed until the next meeting. PUBLIC HEARING - BURGER KING CONDITIONAL USE PERMIT REQUEST CzaZa/Perusich moved to open the public hearing regarding the request for a Class II restaurant in a B-1 Zone for property lying on the SE corner of Hwy 101 and CR17. Motion carried unanimously. The Acting City Planner stated that the applicant is Burger King Corp. and that. all Class IT restaurants are conditional uses. She pointed out the considerations, and said staff recommended approval with two conditions. Mr. Ranek explained where the sign would be located on the property. Chrm. Schmitt said he would like to see the westerly driveway on Hwy. 101 be limited to an entrance only, to help eliminate some of the traffic problem so close to the intersection. The City Admr. arrived and took his seat at 7:58 p.m. Mr. Ranke responded that he would have no objection to Chrm. Schmitt's suggestion. He said he would like to keep the driveway 37 feet to allow for turning radius, but they could sign it for entrance only. Mr. Ranek said they have their application in to MN/DOT and they have seen what Burger King is proposing and appear to have no problem. He expects they will get their access permit next week. Chrm. Schmitt asked if there was any comments from the audience, and there was no response. Czaja/Rockne moved to close the public hearing. Motion carried unanimously. Koehnen/Czaja offered Conditional Use Permit Resolution No. 345, allowing for a Class II restaurant (fast food) in a B-1 (Highway Business) Zone, subject to the following conditions: Shakopee Planning Commission October 6, 1983 Page 2 J� 1. All necessary State and County access permits must be obtained for the curb cuts, prior to the issuance of a Building Permit. 2. Sidewalks must be installed on the site according to City standards along Hwy. 101 and CR17; and 3. An entrance only sign be erected at the westerly driveway on Hwy. 101; and moved its adoption. Motion carried unanimously. PUBLIC HEARING - Q PZTROLEUM CONDITIONAL USE PERMIT REQUEST Czaja/Perusich moved to open the public hearing regarding the request for a con- ditional use permit for the installation of an 8,000 gallon bulk liquid under- ground storage tank at the property at 234 West 1st Avenue. Motion carried unanimously. The Acting City Planner stated the applicant is' Q Petroleum and fuel stations are not a permitted use in a B-3 (Central Business) Zone. However, the former Mobil station was grandfathered in as a non-conforming use and therefore Q Petroleum is still able to meet the requirements of a non-conforming use. She said the Building Official monitors empty gasoline tanks very closely, and has indicated to her that, although this station has been vacant for some time, they did fill up the tanks and were open for business for a very short time to maintain the non-conforming use. Chrm. Schmitt asked if there was anyone who wished to comment on this matter, and there was no response. Chrm. Schmitt commented that the Mobil station has been closed for almost a year, so in order for that property to maintain its grandfathered opportunity for opera- tion of a gasoline service station, there should be some written certification that the station actually did operate during the last six months. The City Admr. suggested that this permit could be granted with the condition that satisfactory certification of recent operation of the gas station be obtained. Rockne/Perusich moved to close the public hearing. Motion carried unanimously. Perusich/Rockne offered Conditional Use Permit Resolution No. 346, granting the installation of an 8,000 gallon underground fuel storage tank in a B-3 (Central Business) Zone, subject to the following conditions: 1. The tank must be cathodic protected. 2. The tank and its installation must be approved by the State Fire Marshall's Office prior to obtaining a Building Permit; and 3. This permit will be granted pending receipt of official documentation that the business was operational within the last six months, or what- ever meets the criteria for maintaining the grandfathered non-conforming use; and moved its adoption. Motion carried unanimously. PUBLIC HEARING - HELM CONDITIONAL USE PERMIT REQUEST Czaja/Perusich moved to open the public hearing regarding the operation of a com- mercial recreation (game room) facility in a B-3 (Central Business) Zone at 115 East First Avenue. Motion carried unanimously. The Acting City Planner stated the applicant is Paul Helm and pointed out the considerations involved, and stated staff recommends approval with one condition. The applicant, Paul Helm, said he had the machines that were in the Sub-Machine Shop, and he wanted something downtown. He said he intends to enforce the rule Shakopee Planning Commission October 6, 1983 Page 3 of no-bike parking on the sidewalk in front of the business. He said the younger kids are not his intended market, as he thinks the older people age 18 and up will use the machines more. Considerable discussion followed regarding the safety hazard of First Avenue traffic with kids crossing in the middle of the block. Chrm. Schmitt said he is also very concerned with this game room being so close to the bar on the corner. He said when you are mixing two different age groups so close, the situation will have to be watched very closely. He would think that given this environment, there should be increased police patrol in the back parking lot. Chrm. Schmitt passed the gavel to Vice-Chrm. Perusich. Vice-Chrm. Perusich asked if there were any comments from the audience. Ron Ward said that when he was on the City Council a few years ago the biggest com- plaint was about all the bicycles parked on the sidewalk. Chrm. Schmitt informed him that the applicant has submitted his proposed operating rules wherein he pledges to strictly enforce a no bike parking in front of the business rule. Paul Helm explained that generally the rush time for traffic is between 4:00 and 6:00 p.m. , which he said is a slow time for the business because people are home for dinner. He explained that he just supplied the games for the Sub-Machine Shop, but he has done a lot of supervising and setting up other game rooms. He said he managed :the two closest Alladin's Castles. He said he will be operating the business himself, and he will be the primary supervisor. He said he is opening later in the day to avoid a temptation for school children. He explained that the games are only a part of his operation. He also intends to sell computers and video machines and repair them. He said the retail thrust is his main interest but needs a place where people can try out the games if they want to buy them. Therefore, the gameroom status will exist and he judged he should come in for a conditional use. Schmitt/Rockne moved to close the public hearing. Motim carried unanimously. Schmitt/Rockne offered Conditional Use Permit Resolution No. 347, allowing for a commercial recreation (game room) facility in a B-3 Zone, subject to the condition that two restrooms be provided within the business, to meet the City Building Code, and the inclusion of the applicant's proposed operating rules, numbered 1-14, as outlined in Exhibit "A" and hereto attached and made an official part thereof. Motion carried with Comm. Cza:a opposed. Schmitt/Koehnen moved to direct the police department to take whatever steps are necessary to insure proper traffic management and safety considerations in front of the proposed business and in the rear parking lot. Motion carried unanimously. Paul Helm said that if Shakopee had a code on Jaywalking he would post a copy of it in his business establishment. DISCUSSION - HORSES IN R-1 ZONES Ron Ward said he has an offer on the sale of his home that is contingent upon the buyers keeping two horses on the 4.6 acre property. He said he didn't think there was a need for a conditional use permit for horses as long as he had over 22 acres. He said he recalled being involved during his City Council tenure debating the issue of animals in rural areas. He recalled having animal units so animal density could be controlled. He understood that as long as the animal units were not exceeded, a conditional use permit was not needed. He believes that the current interpretation Shakopee Planning Commission October 6, 1983 ' Page 4 of requiring a conditional use permit for any number of horses was not the intention of the City Council at that time. Mr. Ward said he was also wondering if the Planning Commission was aware of the charge for a conditional use permit, which is $100 just to make the application. In addition, an abstracted list of adjacent property owners is necessary for the public hearing, which in his case was about $2 per name, totalling an extra $45. So he said there is a significant cost to the property owner just to comply with the requirements. He said his interpretation of the City Council's action in implementing this ordi- nance was to have a sort of "circuit breaker", so that up to 2 horses per 22 acres was not a problem. Comm. Koehnen said she did a lot of research on the animal question, and she believes the interpretation used now is correct. She said if it was true that 22 acres allowed you two horses, then someone might interpret it that 3/4 acre allowed one horse. She said that is what they were trying to get away from. The conditional use permit was used so that each parcel could be looked at separately, depending on the terrain. Mr. Ward said there are a lot of people ignoring this, and he doesn't think you are accomplishing what you intended. Chrm. Schmitt said the R-1 Zone has only been in place since 1979, and if a property had horses before that time continuously the use is grandfathered in. More discussion followed. Comm. Czaja said that in reading the code, he interpreted it the same as Mr. Ward. The Acting City Planner pointed out that it is listed in the code under the conditional use section. The Acting City Planner said Mr. Ward could make the application on behalf of some- one else, but usually the conditional use runs with the person, and would end with a sale. Chrm. Schmitt asked if all the Commissioners were comfortable with the way the or- dinance is being interpreted and administered today. All Commissioners answered yes except Comm. Czaja, who was undecided. Chrm. Schmitt then asked if anyone wanted the ordinance changed. He suggested adding a listing of permitted uses to allow up to two horses on a minimum of 22 acres. Discussion followed. Mr. Ward asked the Commissioners to look at changing the filing fee. Chrm. Schmitt replied that he didn't think a $150 cost for the permit and abstract of names was out of ] ine for the amount of investment a person has in horses. Mr. Ward just wondered if the fee was relatively correct, in regard to larger commercial ventures. Consensus was to direct staff to develop a proposed amendment to the ordinance that on a minimum of 22 acres 2 horses would be allowed for personal use of the owner. This would be a permitted use. Staff is also to develop an impact statement, and look at the filing fees for conditional use permits. The Acting City Planner clari- fied that a conditional, use permit would be required to have horses on a parcel smaller than 22 acres, or to have more than 2 horses. DISCUSSION - DUCKS IN AN R-1 ZONE Applicant was not present. Consensus was that the Planning Commission was comfortable with the ordinance as written and administratively enforced, and staff was directed to so inform applicant to apply for a conditional use if he wants to continue keeping ducks. bnaxopee rianning uommi ssion October 6, 1983 Page 5 APPROVAL OF MARKMARY CEMETERY PLAT Perusich/Rockne moved to approve the plat of Markmary Cemetery and recommend to City Council its approval. (This plat was prepared under cemetery law and was provided to the City for information only not for approval under plat law. ) Motion carried unanimously. DISCUSSION - PROPOSED HORSERACE TRACK Gary Eastlund, of Scottland, Inc. , handed out an informational packet to Commissioners regarding the development of a proposed horseracing track. He said Brooks Hauser is the President and Brooks Fields the Chairman of this company trying to get a racetrack in Shakopee. He said San Anita will be operating it, and gave the quali- fications of the various feasibility and marketing, architects and legal and traffic experts involved in this proposal. He briefly referred to the other sites vying for the horsetrack, and why he feels the Shakopee site would be the best proposal. He said later in the proceedings they will be requesting a conditional use permit to exceed the height limitation for the grandstand. They will also be requesting a liquor license for the grandstand, which will have a private club in it. Mr. Eastlund said he felt this would enhance Shakopee as a recreational center. They estimate they will be employing about 1500 people, which will be a tremendous benefit to the City and County. He added the bill establishing the racetrack allows for a 100 admission tax to go to the City. He said they have resolutions of support from Shakopee, Scott County and Shakopee Chamber of Commerce. He said there will be 5 access; points, and they plan to stack cars on site to handle the traffic!. WP________ added it is zoned for a racetrack, and they have no problem with sewer, water or drainage. The site is 300 acres. He said the Facing Commission expects to select a site by March. He believes a racetrack will enhance the Industrial Park by bringing in related businesses, and eventually an educational facility. Chrm. Schmitt asked about separating industrial traffic from racetrack traffic and compatibility with existing industries and roads. The City Admr. said these concerns are well placed and are being•worked on by the marketing experts and more answers will be available at the next meeting. More discussion followed. Mr. Eastlund said they plan minimum stabling for 1000 horses. Mr. Eastlund invited any of the Commissioners to stop in and walk the area. Chrm. Schmitt suggested they all take a walking tour, which was tentatively set for Octo- ber 29. Chrm. Schmitt suggested reviewing the present Comp. Plan to maybe re-think zoning and accomodate changes this might bring in the area. DISCUSSION - PROPOSED AMENDMENT TO COMP PLAN - SANITARY SEWER The Acting City Planner said there is a possibility of a Mortgage Revenue Bond Pro- gram through the State for first-time home buyers. She said some of the builders who worked on the application granted in Savage last year have now approached this City to apply this year. She said this usually involves a local write-down, and each community can develop its own proposal. She said the City feels the Roberts Pit area.might be a blighted area. It has no sewer allocation until 1985, but the Met Council seemed generally amenable to switching allocations with another parcel. She said there will be a public .hearing in November. The City Admr, pointed out the City can swap allocations through an amendment to its Comp Plan, but previously there was no point in doing that unless there was a de- veloper willing to develop it before 1985. Consensus was to go forward with the public hearing. Shakopee Planning Commission October 6, 1983 Page 6 INFORMATIONAL ITEMS The Acting City Planner said City Council did authorize hiring a replacement Planner, and the deadline for applications is October 21. She said there has been some restructuring since the former Planner resigned. She explained that the department has been consolidated with a Community Development Directo± at the head and a Planner under that position. She will be the Director. She said they felt this would allow for better work loads and internal controls. Chrm. Schmitt suggested adding an inquiry regarding use of a building on the building permit form. Czaja/Perusich moved to amend the Building Permit Application Form to incorporate a section entitled "Use". Motion carried unanimously. Rockne/Perusich moved to direct staff to write a letter of appreciation to Don Steger, former City Planner, to be signed by Chrm. Schmitt on behalf of the Planning Commission. Motion carried unanimously. Comm. Czaja related the action taken by City Council in response to his and Comm. Koehnen's concern about the unsafe intersection at CR16 and CR83. Comm. Perusich asked staff to check on a business owned by Mr. Guimond on Madison Street, where the business appears to be outgrowing the neighborhood. He said they are storing trucks and trailers on the street and loading and unloading bobcats at all hours. Chrm. Schmitt asked for a report on where the traffic study is regarding the parking plan and two hour parking limit around the hospital. He would like to be notified if it goes to City Council before coming back to Planning Commission. Chrm. Schmitt requested staff to work out a solution with Scott County Highway Dept. to keep 18 wheel semis off the CR18 bridge. He suggested limiting the number of axels allowed or limit the gross weight. Czaja/Koehnen moved to adjourn. Motion carried unanimously. Meeting adjourned at 11:00 p.m. Jeanne Andre Acting City Planner Diane S. Beuch Recording Secretary I2 EXHIBIT "A" 1. Children under the age of 8 years will not be encouraged to stay without parents, unless parents wish otherwise. 2. An 8 ,foot wide bicycle rack will be installed at the rear of the building directly under the flood light, allowing applicant to enforce the "No Bicycle Parking on 1st Avenue". 3. Premises will be well lighted during all open business hours, at a level near 60 watts illumination so that CRT glare is not a major problem. 4. Rear of building shall have a flood light on also to brighten the area. 5. Hours to be 3:00 P.M. to 10:00 P.M. , Monday through Friday and 1:00 P.M. to 10:00 P.M. , Saturday and Sundays; this subjected to the right to close earlier, dependent upon applicant. During summer months, hours can be opened earlier, but must close at the time so designated above. 6. Supervision of one "able-bodied" person over the age of 21 during all open hours. 7. No food, beverages, or concessions to be sold on premises that will cause any litter. Adjacent areas to be kept clean of litter. 8. No alcoholic beverage or any controlling substances will be allowed in premises; any violations to be referred to the Shakopee Police Department. 9. Interior music to be "background" only. Music should not be noticeable to anyone outside premises unless door is opened. 10. Telephone to be installed and maintained on premises. 11. Patrons to have access to bathroom facilities which shall be locked with a key available from person in supervision. 12. Doorway access must be corrected to specifications of Shakopee Building Inspector. OFFICIAL PART OF THE OCTOBER 6, 1983 PLANNING COMMISSION PROCEEDINGS TENTATIVE AGENDA SHAKOPEE PLANNING COMMISSION Regular Session November 3 , 1983 Chrmn . Schmitt presiding 1) Roll Call at 7 :32 P.M. 2) Approval of Meeting Minutes : a) August 4 , 1983 b) October 6 , 1983 3) 7 :40 P.M. , PUBLIC HEARING: Request for a Conditional Use Permit to exceed the height limitation of 45 ' , for structures , by approx. 7 ' for construction and operation of a cupavator belt on Lot 1 , Block 1 , Howe ' s 1st Addition , an I-2 Zone. Applicant: Howe , Inc . , 7632 Hiwy 101 (Don Went) Action: Conditional Use Permit Resolution No. 348 4) 7 :45 P.M. , PUBLIC HEARING: Request for a Conditional Use Permit to sell and store boat lifts (seasonal Home Occupation) upon property lying So. of Zoschke ' s Addn. , No. of Horizon Heights , W. of Riverview Estates and E of Horizon Heights 2nd Addn . , in an R-1 Zone . Applicant: Ray Hoffman , 8256 Eagle Creek Blvd . Action: Conditional Use Permit Resolution No. 350 5) 7 :55 P.M. , PUBLIC HEARING: Amendment to Shakopee City Code , Section 11. 32 and Section 11. 33 , allowing for restaurants (Class I & II) , taverns , private lodges , clubs and supper clubs as a permitted use in the I-1 & I-2 Zones only when part of a "Class A" licensed horse race track . Applicant : City of Shakopee Action: Recommendation to City Council 6) 8 :00 P.M. , PUBLIC HEARING: Request for a Conditional Use Permit to exceed the height limitation of 45 ' , for structures , by 50 ' to allow for construction of grandstand and light structures in an I-1 and I-2 Zones and to allow for an approx. 80 ac . portion of the proposed commercial/recreation facility (horse racing track) to extend into the I-1 Zone , for property lying W of CR 83 , So. of 4th Ave . and No. of CR 16 . Applicant: Brooks Hauser & Brooks Fields , Scottland , Inc . , 5244 Valley Ind . Blvd . So. Action: Conditional Use Permit Resolution No. 351 (Over) Tentative Agenda November 3, 1983 Shakopee Planning Commission Page -2- 7) 8: 15 P.M. PUBLIC HEARING: Request for a Conditional Use Permit to exceed the height limitation of 45 ' , for structures , by approx. 122 ' for construction of a monopole and communications antenna on property lying No. of CR 16 ; So. of T. H. 101 ; E of CR 17 and W of CR 83 , in an I-1 Zone . Applicant : NW Amps Co. , 53 Palmer Dr . , Wayne , N. J. 07470 Action : Conditional Use Permit Resolution No. 349 8) Discussion: Maintaining Ducks in an R-1 Zone , Donald Bunge , 2281 Norton Drive (Lot 7 , Blk . 2 , Deerview Acres) . 9) Discussion: Amendment to Comprehensive Development Plan - Sanitary Sewer Chapter, Map #31 . 10) Discussion: Exercise Studios 11) Discussion: Sign Ordinance 12) Discussion: Ballot Issue - Termination & Liquidation of PIR (Permanent Improvement Revolving) Fund . 13) Staff Follow-up Items : a) David Stang Horses in R-1/Shoreline Zone b) Guimond Non-Compliance Complaint c) St . Francis On-Street Limited Parking d) Trucks on Bloomington-Ferry Bridge e) Building Permit Applications - "Use of Structure" f) Current Use of Building at 112 So. Lewis ("Old" Gambles) . 14) Informational Items : a) Amending Code on Horses b) Conditions on Paul Helm Conditional Use Permit c) Staff Follow-up on Commissioner ' s Requests d) e) f) 15) Other Business 16) Adjournment Jeanne Andre Acting City Planner CITY OF SHAKOPEE TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA NOVEMBER 1 , 1983 Mayor Reinke presiding 1] Roll Call at 7 :00 P.M. 2] Liaison Reports from Councilmembers 3] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 4] Approval of Consent Business - (All items listed with an asterick are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) *5] Approval of Minutes of October 3rd and 18th, 1983 6] Communications : a] J . Irving, Assoc . of Metro Municipalities re : Metro Council ' s propose. Interim Economic Policies 7] Public Hearings: None 8] Boards and Commissions : Cable Commission: a] New Manager - informational b] CR-16 - informational c] Community Viewing Center/Public Computer Center d] Shakopee Cable System Completion 9] Reports from Staff: a] Erosion South of Minnesota Valley 2nd - bring item 11k of Oct 4th Th] Bicycle Safety c] County/Hospital Parking Proposal d] Pouliot Retaining Wall e] Golden Gloves Program f] Prior Lake-Spring Lake Watershed District Outlet Project No. WD 74-4, Shakopee Easements g] Private Sewer Lines h] City Clerk Functions Under the Optional Plan "A" Form of Gov ' t . *i] Work Comp Insurance j ] Approve bills in amount of $27 , 220.09 *k] Appointments to Shakopee Community Access Corp. , Inc . 10] Resolutions and Ordinances: *a] Res. No. 2178, Approving Plat of Markmary Cemetery b] Res. No. 2180, Amending Res. No. 2063 Adopting the 1983 Budget c] Res. No. 2179 , Adopting the 1984 Budget 11] Other Business: a] Labor Negotiations b] Next Council Meeting (Ca.nvass Ballots) c] 10A^4 . COIARTLo\s-V d] 12] Adjourn to . . . John K. Anderson City Administrator OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA OCTOBER 3, 1983 Mayor Reinke called the meeting to order at 7:00 p.m. with Cncl. Vierling, Colligan, Wampach and Lebens present. Cncl. Leroux arrived at 7:25 p.m. Also present were John K. Anderson, City Admr. ; Judith S. Cox, City Clerk; and Gregg Voxland, Finance Director. Discussion commenced on the proposed budget for 1984. Mayor Reinke asked what fund the money from the townships will be placed into, when they make payment for their assessed cost for the new fire truck. The Administrator responded that no thought had been given to that yet. In response to questions, the City Admr. explained that the hours for the cleaning ladies have been cut back and if needed some will be added back. Cncl. Leroux arrived at 7:25 p.m. and took his seat. Discussion ensued on Councilmembers salaries. Lebens/Wampach moved to raise Council salaries $50.00 per month and direct staff to prepare the proper ordinance. Roll Call: Ayes; Unanimous Noes; None Motion carried. Discussion ensued on the hiring freeze for Public Works. The City Admr. explained that we can look at it at the end of the 1st year and decide then whether it will be permanent or not. He also explained that if necessary someone could be hired in the Spring so that the City would not lose CETA eligibility. Leroux/Lebens moved to direct staff to redraft the proper resolution establishing the 1983 tax levy, collectible in 1984 to reflect a one-half mill increase. Motion carried unanimously. Discussion ensued on the Six Year Capital Equipment List. Lebens/Wampach moved to receive the Six Year Capital Equipment List (83-88) . Motion carried unanimously. It was noted that there is no proposed rate increase for the sewer fund. Staff was directed to bring the Six Year Capital Improvement Plan back for dis- cussion in three or four weeks. Colligan/Lebens moved to adjourn at 9:04 p.m. Motion carried unanimously. Judith S. Cox Recording Secretary City Clerk OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA OCTOBER 18, 1983 Mayor Reinke called the meeting to order at 7:07 p.m. with Cncl. Wampach, Lebens, Colligan, Leroux and Vierling present. Also present were Rod Krass, Ass' t City Attorney; John K. Anderson, City Admr. ; Judith S. Cox, City Clerk; H. R. Spurrier, City Engineer; Tom Brownell, Police Chief. Liaison reports were given by Councilmembers. Mayor Reinke asked if there was anyone in the audience who wished to address the Council on any item not on the agenda, and there was no response. Colligan/Lebens moved to approve the minutes of September 27, 1983 and October 4, 1983. Motion carried unanimously. Discussion was held on the hazards of bike riding on sidewalks and in general in the City, in response to a letter from Mrs. Lee Stocker. General consensus was to publish and air the rules for bike riding in an educational manner. The City Admr. was directed to write a memo on costs for education methods and so inform Mrs. Mrs. Stocker of Council's intent. This educatinoal effort is to take place next spring. Colligan/Lebens moved to receive the letter from Mrs. Lee Stocker, dated October 1, 1983 regarding bike riding on the sidewalks in Shakopee. Motion carried unanimously. Leroux/Wampach moved to place on file the letter received from Comm. Richard P. Braun, MnDOT, dated October 4, 1983, regarding the Shakopee By-Pass, and moved to forward a copy of it to the Energy and Transportation Committee and Legislators. Motion carried unanimously. Colligan/Lebens moved to approve the plat of Markmary Cemetery as presented. The Acting City Planner, Jeanne Andre, answered questions regarding the procedures followed for this plat. She stated she was advised by the City Attorney that this was the necessary procedure. Leroux/Wampach moved to amend the motion to direct staff to prepare and bring back a resolution of final approval of the plat for Markmary Cemetery. Motion to amend carried unanimously. Main motion as amended carried unanimously. Discussion ensued regarding the gas leak problem with the stove in the congregate dining kitchen at the Senior Citizens IIighrise. The Ass't City Attorney stated the City could possibly have some liability for selling a defective stove. The City Admr. pointed out the City still has the possibility of making a claim against the manufacturer. Leroux/Wampach moved to direct staff to purchase and install one six burner electric range and one convection oven, and authorize staff to obtain quotes for the elec- trical work needed to make the proposed electric range/oven and convection oven operational. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Vierling moved to open the public hearing regarding Shakopee hunting restric- tions. Motion carried unanimously. The City Admr. read the announcement stating the purpose of the public hearing. Chief Brownell indicated on a map the areas in Shakopee where hunting is prohibited and where it is allowed under conditions of the City Code. Bev Koehnen read her letter dated September 27, 1983, in which she requested consid- eration of changing the hunting boundary near her residence, which letter precipi- tated this public hearing. She added that there are exceptions she would like recog- nized for discharging a firearm in necessary and emergency farm operations regard- ing animals. She said she is promoting relief 'for her family, and is not necessarily in favor of a total hunting ban for Shakopee. Mayor Reinke asked for comments from the audience. Roy Reed, who stated he owns some land south of CR16, which is in the no hunting area. He said there are a lot of young people in Shakopee and Scott County who Shakopee City Council October 18, 1983 Page 2 depend on property owners in the area to let them come on their property to hunt. He said the No Trespassing Statute, M.S. 100.273, Subd. 1, allows people to post their land to keep people off if they don't want hunters. The property owner has the Police Dept. , Sheriff's Office and Dept. of Natural Resources (DNR) to call to enforce the no trespassing statute. He stated that only 20% of the City is popu- lated, with the rest in agriculture, and therefore, there would be a lot of property jeopardized if a total hunting ban was put into effect. He didn't think a lot of people who like to hunt should be restricted just because a few people don't know how to use the law to protect themselves. He said if someone comes on his property to hunt that he doesn't want there, and doesn't leave when he is asked, he calls the police or DNR. The law provides for a penalty of a misdemeanor and taking away the hunting license for anyone proved violating the hunting laws. Cncl. Leroux explained that the City ordinance goes a little farther than State law in that it requires that the person shooting either be the owner of the pro- perty or have the written permission of the owner of the property. Therefore, there is no need for the person to even post his property against trespassing. The shooting also has to be on a contiguous tract of 40 acres. Mr. Reed said that people need to be educated in the fact that they do have rights, and no one should have to put up with people who don't leave their property when asked. He added good sportsmen are the first ones to help enforce this law. He said he would be the first one to report someone who doesn't respect the rights of property owners. But he doesn't think all hunters should be penalized by having hunting banned just because of the bad experience of a few people. Cncl. Colligan inquired about the gun training program and the possibility of hav- ing some of the hunters doing their own policing of hunting rules to report viola- tions. Mr. Reed responded that he was more than willing, if necessary, to organize a local group to keep these problems from happening. Cncl. Colligan compared this problem with problems that were occurring with snowmobilers. He explained the joint effort that was made by the snowmobilers, police department and Councilmembers to help that group police themselves to alleviate a snowmobiling ban in the City. Gene Hauer said he felt any ordinance banning hunting in all of the City is 10-15 years ahead of its time, as Shakopee is not that populated. He said getting rid of the railroad tracks was a great help in reducing shooting violations, because people couldn't gain access so readily. Tim Johnson said he has lived near O'Dowd Lake in Shakopee for 3 years. He said he grew up near Wood Lake in Richfield, where hunting had been banned for years, and there were still illegal hunters. He said Shakopee is so rural, and it is difficult enough to get hunting permission around here, so no matter how strong a law you have, there will still be illegal shooting. Dave Benson said he has lived near CR79 for 15 years. He said his sons and daugh- ter have all gone through gun training. He would like to see the hunting boundaries as they are. He said he has never had a problem with illegal shooting. He said he loves to see fathers and sons drive into the yard and ask to hunt, and depending on the crops, he gives permission or doesn't. He said he likes the saying that if you go hunting with your son, you won't have to go hunting for him. Joe Hafermann said he talked to a few Shakopee police officers, asking how many com- plaint calls they have had in the last few months and one officer said 15 and one said 20. He was told the majority of calls come from some of the businesses where hunting is not allowed by ordinance. Both officers said they didn't think the vio- lators were hunters, but just shooters. He said he talked with a property owner in Eden Prairie who allows hunting, and he said their ordinance is pretty much the same, and he didn't expect any future problem with it. He would like to keep the hunting as is. He thought most of the violations were from target shooting, not hunting. Bob Bullock passed out some literature to Council regarding an advanced adult edu- cation program on hunting by the State of Minnesota. He said it is an excellent program. He said that along with the gun training, he thinks through the years we will see some better hunters and shooters. He _hopes the hunting boundaries stay as they are. Harold Marschall said he has some property south of town. He said there is no need for another ordinance, because of the trouble in enforcing it. He said it is the shooters that cause the problem, not the hunters. Shakopee City Council October 18, 1983 Page 3 Terry Hanson said he thinks that most of the problem is from people outside the City. If these people could be kept out, that would solve most of the problems. He suggested landowner having to give written permission to the hunter, and having the landowner responsible for any damage done by hunter, the residents would police the area themselves. Kelly Koehnen said that when she gets off the bus, it is with fear every time. She always wonders if her animals have made it through another day in the hunting season, or if any of them have gotten shot by a careless hunter. She is not against good hunters, only those that are careless. She said she gets afraid every time she gets off the bus, worrying if there are hunters in the yard and praying the animals are all there. Bob Bullock asked the Police Chief how many people and animals have been shot dur- ing hunting season. The Police Chief replied that no people have as far as he knows, but he doesn't know about animals. Bev Koehnen stated her fear for the safety of her children is much worse than the fear of pets being shot. She said they have had very narrow misses, with shots extremely close to her house. She said they generally take care of theirselves, and only ask for help at a critical level. Mr. Reed stated if it is this bad by Ms. Koehnen's house, he would be more than willing to police the area to make sure these occurances don't happen again. If she is in that much fear of hunters, she needs protection. He said he would be willing to formulate a group with the assistance of the Police Chief and Sheriff. He doesn't want a few irresponsible people to spoil it for the others. Cncl. Colligan said he didn't believe anything would be accomplished to solve this problem by the passing of another ordinance banning hunting. He would like to see a group covering the area reporting violators. Mr. Reed said hunters are very jealous of their own areas for hunting and are going to be over-protective of them. The 800 number to call the DNR is easy for everyone to use. Bev Koehnen asked if there was anyone present who wanted to mark on the map their property if they want to allow hunting. She questioned if there was enough land to hunt on, given the requirements of the ordinance relative to the setbacks from roads and houses and contiguous tracks of 40 acres. She said she had a very neat father who taught her to use a gun, so she knows the difference between hunters and sportsmen. She said what is being offered is not enough. She said she has called the Police )ept. many times to report hunters trespassing. She said she will not confront them herself. She said the police have responded as much as is possible. Chief Brownell said that their problem is generally by the time they get out to the complaint, the people are gone. It is mostly road hunting. He said he appre- ciates the offer to help. All he is asking is for these people to contact the police department so they can confront the people and put a stop to the violations. Cncl. Colligan said the help is going to come from the people in the area, not from passing another ordinance. Mr. Reed said he understands they can't be police- men, but can be the eyes and ears of the police. Bev Koehnen said this talk is not going to protect them. Cncl. Leroux responded that what is said tonight will help, because more people are aware of the problem, and more people will lend a hand and drive by and report suspicious people and vehicles. Leroux/Wampach moved to close the public hearing. Motion carried unanimously. Leroux/Lebens moved that a committee be formed of Cncl. Colligan, Police Chief Brownell and as many others that wish to join to research a method of better pat- rolling of hunting and shooting in the City of Shakopee, and come back with a recommendation to City Council. The City Clerk circulated a sign-up sheet for any- one interested in joining the committee. Motion carried unanimously. Colligan/Leroux moved for a five minute recess at 8:45 p.m. Motion carried unanimously. Leroux/Lebens moved to re-convene at 8:55 p.m. Motion carried unanimously. Discussion ensued regarding the Minnesota Main Street Program. The HRA Director pointed out some alternative sources of funding for the proposed budget. Cncl. ' Shakopee City Council October 18, 1983 Page 4 Leroux said that according to the HRA conference he just attended, the most impor- tant factor in a successful development program is an experienced director, and experience doesn't come cheap. He said cities are out there selling themselves, and this person would be in the forefront for marketing Shakopee. Therefore , he would suggest staying flexible on salary and benefits. The HRA Director responded that if the City wished to appropriate more money, she thought it would strengthen our position, and the salary could be included as a range, rather than a set figure. She pointed out that the program really stresses that this Director work solely on the downtown Main Street Program and not be spread out over many projects. Leroux/Colligan offered Resolution No. 2175, A Resolution Authorizing Participa- tion in the "Main Street Program" and Designating the City Administrator to Coor- dinate all Program Activities, and moved its adoption. Roll Call: Ayes; Unanimous Noes;None Motion carried. Leroux/Wampach moved to recess to conduct an HRA meeting. Motion carried unani- mously. Meeting recessed at 9:14 p.m. Colligan/Vierling moved to re-convene at 9:18 p.m. Motion carried unanimously. Leroux/Vierling offered Resolution No. 2176, A Resolution Authorizing The Execution of Certain Deeds, and moved its adoption. The City Admr. summarized the resolution. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Engineer discussed his recommendation of closing Apgar Street at the rail- road crossing and improving the Scott Street crossing with a possible grant from State and Federal. Discussion followed. The City Engineer said the railroad has the responsibility of improving the grade crossing at Apgar, and the City can request that work done. However, he said the City has no compelling force to ap- ply to the railroad and it is simply a low priority for the railroad. The Ass't City Attorney said the problem of liability because of a lack of lighting is acknowledged, now that there is knowledge by the City of the lack of safety at that crossing and the City woulddecrease its liability by installing a light. Leroux/Vierling moved to put up the necessary street lights at the railroad cross- ing at Apgar and Scott Streets, as determined by Utilities Manager. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Lebens moved to approve the transfer of $30,692 from General Fund to the Permanent Improvement Revolving Fund, $33,500 from General Fund to Community Ser- vices Fund, $22,000 from Sewer to 1980 Improvement Fund, $2,760 from Capital Equip- ment Revolving Fund to General, and $38,797.29 from Revenue Sharing Fund to General Fund. Motion carried unanimously. Leroux/Wampach moved to authorize staff to execute farm leases with William Hauer and Larry Theis under the same terms as last year. Motion carried unanimously. Lebens/Wampach moved that bills in the amount of $ 211,030.76 be allowed and ordered paid. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Admr. explained a couple of minor differences in the work papers for the coordination of public improvement projects between the City and SPUC. Colligan/Leroux offered Resolution No. 2174, A Resolution Adopting A Coordination System of Public Improvement Projects, and moved its adoption. The City Admr. summarized the resolution. Motion carried unanimously. Colligan/Lebens moved to approve an agreement with Scott County for the prosecution of gross misdemeanors and authorize proper City officials to execute same. Motion carried unanimously. Colligan/Lebens offered Resolution No. 2173, A Resolution Amending Resolution No. 2156, Adopting Assessments for the 1983 Curb, Gutter, Sidewalk and Driveway Apron Replacement Program, 1983-1. Motion carried unanimously. Shakopee City Council October 18, 1983 Page 5 Colligan/Leroux offered Resolution No. 2171, A Resolution of Appreciation to Bill Wermerskirchen, Sr. , and moved its adoptiai . The City Admr. read the resolution. Motion carried unanimously. Colligan/Lebens offered Resolution No. 2172, A Resolution Creating the Position of Community Development Director/HRA Director, Making Appointment, and Setting a Salary, and moved its adoption. Motion carried unanimously. Leroux/Lebens moved to reconsider Resolution No. 2172. Motion carried unanimously. Leroux/Vierling moved to amend Resolution No. 2172, deleting Item No. 2 (making an appointment) from the resolution. Motion carried unanimously. Resolution No. 2172 as amended carded unanimously. Leroux/Wampach moved to appoint Jeanne Andre to the position of Community Develop- ment Director/HRA Director, retroactive to Got. 3, 1983. Motion carried unanimously. Lebens/Wampach offered Ordinance No. 135, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, amending Chapter 2 Entitled "Administration and General Government " by Repealing Section 2.13 and by Enacting A New Section 2.13 Entitled "Salaries of Mayor and Councilpersons" and by Adopting by Reference Shakopee City Code, Chapter 1, and Section 2.99 Which Among Other Things Contain Penalty Provi- sions, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Wampach offered Ordinance No. 136, An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 3 of the Shakopee City Code entitled "Municipal and Public Utilities Rules and Regulations, Franchises and Rates" by enacting a new Section 3.12 entitled "Construction and Reconstruction of Sanitary Sewer Mains" and by enacting a new Section 3.41 entitled "Construction and Reconstruction of Storm Sewer" and by Adopting by Reference Shakopee City Code Chapter 1 and Section 3.99 entitled "Violation a Misdemeanor", and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Wampach offered Ordinance No. 137, An Ordinance of the City of Shakopee , Minnesota, amending Chapter 7 of the Shakopee City Code Entitled "Streets and Sidewalks Generally" by Repealing Subd. 4 of Section 7.06; renumbering Subd. 5 of Section 7.06 as Subd. 4 of Section 7.06; and by Adopting by Reference Shakopee City Code Chapter 1 and Section 7.99 Which Among Other Things Contain Penalty Provision, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Cncl. Colligan extended an invitation for lunch on behalf of Congregate Dining for Senior Citizens at the Highrise. Consensus was to accept for October 25, 1983. Cncl. Wampach asked about a sidewalk or some type of walkway in the area of the Babtist Church. Discussion followed. Consensus was to have staff come back with several alternatives and costs for such a walkway. Leroux/Wampach moved to direct staff to research sidewalk and walkway feasibility and costs in the area of the Babtist Church to the mall. Motion carried unanimously. Leroux/Colligan moved to adjourn. Motion carried unanimously. Meeting adjourned at 9:58 p.m. Judith S. Cox City Clerk Diane S. Beuch Recording Secretary ice:✓ 6.1.% association of mtrfhtan municipalities October 27, 1983 TO: AMM Member Cities Mayors and Managers/Administrators FROM: John T. Irving, President Association of Metropolitan Municipalities The enclosed statement of comments and recommendations concerning the Metropolitan Council's proposed Interim Economic Policies was developed by the AMM Revenue Committee and will he considered by the Board of Directors at their November 3, 1983 meeting. The public hearing on these policies will be held at the Metropolitan Council Chambers at 7:00 P.M. , November 16, 1983. Your city has already received the proposed policies from the Metropolitan Council. We would urge individual cities to either appear at the public hearing or submit written comments by December 1, 1983 concerning these policies. A copy of your comments to the AMM Office would be appreciated. Although the AMM Board has not officially acted upon this position, we did feel it important to provide your city a copy of the cc-mittee report in time for your first November council meeting. 6 ASSOCIATION OF METROPOLITAN MUNICIPALITIES COMMENTS RE: PROPOSED METROPOLITAN ECONOMIC DEVELOPMENT POLICIES A. GENERAL COMMENTS The role of the Metropolitan Council in the past 15 years has been one of planning and shaping through that planning effort the physical development of the Twin City Area. With few exceptions,the council has maintained that role. Through the adoption of the Metropolitan Land Planning Act of 1976, the council and the cities of the area have in fact, developed a large scale growth plan which will control the investment needed for the major systems of sewer, transportation, parks, and airports. Council policies to date have been aimed primarily at the economics of providing physical support systems in a controlled manner rather than random fashion yet maintaining the ability to encourage growth not stifle it. This system has worked. Although, the entrepreneurial aspect of economic development and job creation has not been specifically delineated in policy, it certainly has been discussed in terms of the four systems policies effect upon the ability to develop. To recognize in policy the need to consider economic development impact along with the physical systems development is good. The Metropolitan Council in its planning and information gathering role for the physical systems can and should provide data concerned with economic development needs and patterns. However, because of the vast number of already existing programs and agencies involved with promoting economic development and job creation, the council should show restraint and limit its role to one of economic planning as per the 1974 Metropolitan Reorganization Act rather than operations of new and overlapping economic programs. B. SPECIFIC POLICY COMMENTS • 1. AREA WIDE ECONOMIC POLICIES A, B, C, D, AND E Area Wide Economic Policies A through E are a restatement of current Development Framework policies with the addition of consideration for area economic developmen needs. COMMENT: These policies are supported. Recognition of economic development considerations while discussing the impact of various proposals on the four physical systems is sound. POLICY F. Includes Economic Impact and Fiscal Alternative Assessments or Public/Private Cost Sharing in the general review of project impacts on the physical systems. COMMENT. Although commentary with this policy indicates that it is not intended to add significantly to the review process, the policy itself taken literally could open the door to major time consuming and costly reviews that could be initiated by the council or demanded by competing interests. The policy is too open ended, in that there are not guidelines or criteria establishing what or how to gage impact. Typically, developers and cities have thoroughly investigate. the economic impact of projects and that data is made available during the normal review process. Policy Eleven of the Investment Framework provides adequate opportunity for comment. -2- 2. POLICIES FOR COORDINATING ECONOMIC DEVELOPMENT POLICY G. Encourage Coordination of Economic Development in the Region. The policy provides that the council make available regional economic data, land use employment, business and labor force information. COMMENT: This policy is supported. The council currently is involved in gathering and diseminating much of this data. In its planning and review role it has the ability to package and comment on those issues beyond merely physical development and should do so. POLICY H. Sponsor Research, Task Force and Forums Focusing on Regional Economic Issues. COMMENT: The tasks as outlined in this policy are appropriate for the council's statutory planning role. However, caution should be used to not re-invent the wheel. Research and Forums should be in conjunction with and not overlaping activities being accomplished already by state and other private organizations as mentioned in the supporting data. POLICY I. Education and Retraining. COMMENT: To the extent that the council carries out research as to who may be doing what and synthesizes data on employment needs based on other policy tasks and reports this information; this policy is supported. However, if the intent is to become ultimately involved in establishing or operating training programs in the metropolitan area, the policy is strongly opposed. The state is acutely aware of training and retraining needs. They are involved and committed to th. area. It is more appropriately handled by the state and the states educationa._ facilities. POLICY J. Monitor Economic Development and Measure Government Porgram Impacts. COMMENT: This policy is appropriate for the Metropolitan Council Planning role. 3. BUSINESS FINANCING POLICY POLICY K. Encourage expanded use of financing programs in communities that desire council involement. This policy provides for council implementation of financing programs to make capital available to primarily small businesses. Two programs, an SBA 503 corporation and issuance of Industrial Development Revenue Bonds, are proposed. The council states that initially it intends to examine these program:: but will implement them at a future time if needed. COMMENT: This policy is strongly opposed for the following reasons: a) Need. The need for council involvement ;n sponsoring either of these programs has not been shown. The basis for 503 is that only 3 cities have one, several outstate regions have or are applying for one, and 100 of 600 regions in the nation have SBA 503 programs. The State of Minnesota currents: has a 503 program in place that can be utilized by any city. Cities may in fact apply for 503 if they have a need or. desire. The council to this date has not indicated that any city or developer has requested or suggested a need for a council program. Finally, at some point in the future the council could find itself in an uncomfortable position of being in the middle of competition between two or more cities over a particular project. The bas. i I 6 ` -3- . for the IRB program appears to be somewhat opposite the 503. Rather than a lac of cities participating, there are 70% of the MUSA area cities using IRBs, therefore there must be a need. The ability to pool, thus providing financing for smaller or borderline projects,has also been indicated as a need. Experience and research will show that developers have not been bashful in requesting IRBs, 70% of the cities have used them and some have developed stric criteria. No research has been done as to why 30% have not, but it is clear they could if there was a need. The ability to pool exists through existing port authorities and cities do have the ability to request port authority designation. Finally, the council has not indicated any city or developer that has requested council issuance of IRBs. The list of cities participating in IRB issuance would indicate that size of city is not a barrier. b) Legal Authority. The council has received two opinions in this area. One indicates that the authority exists, whereas, the other tends to cast doubt. Unless the council obtains clear statutory authority, it should not become involved as an operating finance agency. I c) Competition. The councils role as an overall planning and technical assistance agency has allowed it to basically remain aloof from day to day normal competion among cities for tax base growth. This posture has allowed the council to be very successful in coordinating metropolitan development to maximize use of regaional founds for development of regional systems. City officials have come to accept this role. If the council puts itself into a new role of operating agency with ability to directly influence who and what develops and where, it soon may become embroiled in competitive battles and lose its overall affectiveness. d) Operational versus planning. The Metropolitan Council was conceived as a planning and coordinating agency. The implementation and operating role in the four systems (Sewer, Transporation, Parks, and Airports) was specifically and intentionally kept separate. The one exception of the HRA as an operating function of the council, was only done after extensive and thorough research into needs and to be able to implement Federal programs. The council can be effective in promoting economic development through its planning, research, and technical assistance tasks. The documentation established so far in support of these policies clearly indicate that there are many tools available for current operating agencies to accomplish the goals set forth • for economic development of this region- 4. ECONOMIC OPPORTUNITY POLICY POLICY L. Encourage Public and Private Sectors to improve access to jobs for the poor and unemployed. COMMENT: This policy provides the gathering of statistics to primarily augment existing policies in the physical development areas and is appropriate as a planning function. C. RECOMMENDATION: Policy K should be eliminated. The council should concentrate its efforts in the other policy areas of planning and research. It especially should implement policy J to monitor and measure impacts of current programs for a period of time to really determine if new programs are seeded. Until this is ,e, there is no basis and no facts supporting the need 2 counc_i - sponsored , �,,,„ce agency. -4- Policy F should be eliminated or at least modified to reflect language similar to Investment Framework Policy 11. The issue of 'what is involved' in Economic Impact Reviews, Fiscal Alternatives Assessments, and Cost Sharing agreements should be thoroughly studied with specific criteria established prior to developing general policy statements that could have significant impact. 4 ei , . e 7[ the Housing Alliance 13 October 1983 Ms. Jean Andre City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 Dear Jean: The Housing Alliance is interested in evaluating the needs of the elderly population of the city of Shakopee. We are requesting the support of the city in conducting the survey. We have received the support of the medical community, churches and senior citizens. Dick Juba, with the Super Valu store, and Lou Van Hout have expressed an interested in distributing this questionnaire if the city lends its support. When the results of the questionnaire are tabulated, we will make the information available to you. The survey is not a promotional tool for us but a search for information. In order for the results to be accurate, it will be necessary to get the input from a large number of residents of the city of Shakopee. We would appreciate your support in this effort to assemble this information. With warm regards, THE HOUSING ALLIANCE /41607ti,1,7/ /Ajin(v. Rosemary Dineen Research & Marketing vjl Enclosures 1 2Q0 BUTLER NORTH•510 1ST AVE. N. • MINNEAPOLIS, MINNESOTA 55403•PHONE:(612)339-6122 6 SHAKOPEE HOUSING QUESTIONNAIRE by : THE HOUSING ALLIANCE , INC . 200 Butler North 510 First Avenue North Minneapolis , MN 55403 Housing is , or will be for most of us as we grow older , the single most important factor in assuring our future independence . Some of us have houses that are too large since our children have left and aquired homes of their own . The cost of utilities has increased and maintenance has become an increasing burden . We realize that to stay independent as long as possible we need housing that is financially suitable with a complete maintenance program. In an attempt to evaluate the housing needs of the older population of Shakopee we request that you take a few minutes to answer the following questions . Please fill in the form , print your name on the back , and return to The Housing Alliance , Inc . THANK YOU. Yes No 1 . Are you presently living in a single family home? 2. Are you married , single _, widow _, widower _ ? Age 55-65 65-70 75-80 , over 80 _ ? 3. Do you own your home? 4. Are you presently in reasonably good health? 5 . Would you consider purchasing a condominium living unit if it were conveniently located in Shakopee and designed specifically for senior citizens? 6. Would you be interested in a condominium built with a view of the river bluff and adjacent a city park north of highway 101? 7 . Do you have friends that might also be interested? 8 . Would you be interested in contributing your ideas to the planning of the project? 9 . Would you be ready to move if your condominium were ready for occupancy within 2 years? 10. How many bedrooms would you require ? (Please check one . ) (Full kitchen , living room and storage are standard . ) One Bedroom Two Bedrooms One Bedroom + Den Two Bedrooms + Den 11 . Would you need a garage? 12. What additional services would you be willing to pay a monthly fee ? Congregate Dining Health Care Services 24 Hour Security Others (use reverse side ) NAME Address City State • Zip Code Telephone GENERAL COMMENTS : ( Please include any community organizations or religious groups which you represent or participate . If you desire more information on condominium ownership please indicate below. Also please list any additional services for which you would be willing to pay a monthly fee . ) r V C_ MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox , City Clerk RE: Community Viewing Center/Public Computer Center DATE: October 28, 1983 Introduction The Cable Communications Advisory Commission met October 24, 1983 and made recommendations for Council consideration regarding the Community Viewing Center and the Public Computer Center. Background 1 . Viewing Center a. The proposal provided that the Community Access Corporation designate a site for the Viewing Center. Since the Corpor- ation has not yet been formed , Council is requested to authorize the Commission to designate the site . The Library has agreed to be the site , and the Commission did designate the site at its last meeting. With this action, plans for setting up the viewing center can be underway. b. The Library Board requested equipment other than what was proposed for the Viewing Center. The Library and ZU have reached a consensus on a Mitsubushi 45" rear projection television rather than the Sony video projection with 6' viewing screen. The Commission, at its October 24th meet- ing recommended approval . c . According to the proposal , the viewing center equipment remains the property of ZU and will be maintained and replaced by them when necessary throughout the term of the franchise. 2 . Public Computer Center a . The proposal provided that the computer center be located at the office of ZU . ZU has suggested that it be located at the Library and both ZU and the Library agree that it would better serve the public located at the Library. The Commission , at its October 24th meeting recommended that the center be located at the Library. b. Although the proposal provides that ZU maintain the facilities , ZU and the Library have worked out a deal whereby the Library will maintain the computer center, since it is under their supervision rather than ZU ' s . c . The Library will provide the use of the computer center to the public free of charge . The public will be charged for or supply their own supplies , ie. paper and/or disks . d. The Commission recommended that the Library be authorized to select the appropriate printer and monitor to complement Community Viewing Center/Public Computer Center Page Two October 28 , 1983f-C2 an Apple IIe computer and disk drives and also appropriate software within the $5000 amount budgeted in the proposal . Recommended Action 1 . Authorize the Cable Communications Advisory Commission to designate the site for the community viewing center in place of the Community Access Corporation. 2 . Concur with the Commission' s recommendation and approve a Mitsubushi 45" rear projection television rather than the Sony video projection with 6 ' viewing screen, for the community viewing center. 3 . Concur with the Commission ' s recommendation and designate the Shakopee Public Library as the site for the public computer center, approve the Library being responsible for the main- tenance of the equipment at the center, and approve the Library selecting the appropriate printer, monitor and soft- ware within the total budget of $5000 for the computer center. JSC/jms "." MEMO TO: John K. Anderson, City Administrator FROM: Judy Cox and Jeanne Andre RE : Completion of Shakopee Cable System DATE: October 28 , 1983 Introduction On October 24th, the Shakopee Cable Communications Advisory Commis- sion met with Bill Leply and Jim Abbott of Zylstra-United Cable Television Company and went over the equipment outlined in the proposal for the public access center and discussed the status of services also provided in the proposal . At this meeting Mr. Abbott was encouraged to inform the City Council of any items which would not be in order by the Council adopted November 8th deadline if he wished to avoid penalties for any of these items and wished to request a further extension. Background I . Colorweather Radar As outlined in Mr. Abbott ' s letter of October 27th, it appears the most beneficial and economical way for ZU to provide color- weather radar is by way of the WCCO weather service . ZU pro- poses to receive &rebroadcast at the Chaska headend and then transmit by way of the interconnect to Shakopee . The expenditure for this procedure is 2-1 /2 times what was estimated for the Arvin system which is no longer available . In a previous meeting, Council did state that a variance would be required for the colorweather radar to be shared with Chaska . ( In conversation with staff on October 28th, Mr. Abbott stated that the capital outlay and depreciation would be shared by both communities equally. ) Since FCC clearance for transmittal for WCCO has not been received and may not be for at least four weeks , staff recommends extending the deadline for the colorweather radar provided the variance application is received by the November 8th deadline . Recommended Action - Request Zylstra-United Cable Television Co. to submit a variance request by the November 8th deadline for a shared color weather radar system with Chaska, and extend the deadline for the weather radar system to be on line in Shakopee until the day following receipt by WCCO of FCC clearance for transmittal to Chaska/Shakopee . 2 . The Interconnect Mr . Abbott believes that the interconnect will be completed by November 8th and the problems they have experienced are out- lined in his memo of October 27 , 1983 . Recommended Action - No action necessary as company believes it can meet the deadline . Completion of Shakopee Cable System Page Two October 28 , 1983 3 . Shakopee Public Access Studio On October 24th the Cable Commission agreed in principal that equipment ordered and placed in service could be different from that proposed where an upgrade had become available or where the proposed equipment is no longer available. To confirm these changes a detailed list of invoices of equipment received and in use will be provided to the Commission by the end of the year. The Cable Commission concurred with ZU that the two 3/4 inch and one 1/2 inch video cassette player/recorders specified on the proposal are not needed at this time and recommended that acquisition be delayed until such time as requested by the Cable Commission. It was also agreed that there is no point in providing a character generator to the U of M at this time since the University has indicated they do not wish to program a character generator at present . The company agreed that this equipment could be provided at such time as the University accepts this responsibility. Recommended Action - Concur with the Cahle Commission recommenda- tion and extend the deadline for purchase of two 3/4 inch and one 1/2 inch video cassette player/recorders , specified in the pro- posal , as well as the character generator to the University of Minnesota , until such time as requested by the Cable Commission. 4 . Channel Line-Up As indicated in Mr. Abbottt ' s letter of October 27 , 1983 there have been changes in the channel line-up where some program services have become defunct or replacements have been made . Mr . Abbott was asked to advise Council , in his letter , of these changes . Recommended Action - Accept the following substitutions made prior to this date : replacement of PBS cable with Spectrum Sports , replacement of Interfaith with the Trinity Broadcasting Network, and replacement of the Entertainment Channel with the Disney Channel . Accept delay in providing Cinemerica, the shopper' s channel , UTV and Reuters until those services are available or an alter- nate service is approved and substituted whichever comes first , and accept no substitution for the now defunct CBS Cable until alternates are recommended and approved by the City. JSC/jms Zylstra--United Cable Television Co. Chaska Shakopee Northfield 123 West Third Street P.O. Box 146 Chaska, MN 55318 October 27 , 1983 (612) 448-3831 Mr. John K. Anderson, City Administrator City of Shakopee 129 E. First Ave . Shakopee, MN 55379 RE: Cable System Completion Dear Mr. Anderson: Inasmuch as the November 8 , 1983 construction deadline is fast approaching , it is necessary for me to detail those areas which continue to present problems. Please note that virtually all of the system construction is completed; that almost all of the homeowners who have requested cable have been hooked up, their drops buried, and restoration completed; and that the studio is open, in operation and any equipment not received is on order or postponed with the agreement of the Cable Commission. Further- more, it may well be that the items stated below will be com- pleted. However, since the City Council meets November 1 , I felt it appropriate to list the problematical points and to offer explanation for them. I will be at the meeting on Tuesday to answer any questions which may arise. I want to thank both yourself and Jeanne Andre for your patience and helpfulness during these last several weeks. The areas of concern are as follows : 1 . Colorweather radar continues to be a problem. As you may remember, the proposal indicated that an Arvin system at an approx- imate cost of $5, 000 would be used. Arvin evidently transmitted a radar bleep from the Minneapolis National weather station. Since the date of the proposal, the Arvin system has become unavail- able due to removal of the national weather system. As you know, we began searching for an alternative and discovered that Cavours and WCCO offer weather services. The Cavours system would allow us to transmit a radar screen over the cable system. However, the necessary equipment is priced at approximately $25, 000 per headend in addition to a monthly charge of up to $300 per headend in user and dedicated line fees. WCCO is the other alternative. WCCO has offered to provide the same service that Cavours offers and in addition would transmit WCCO II for rebroadcast by us on a separate channel . In my opinion, the transmittal of a radar screen on a channel is not helpful with- out an explanation. WCCO offers extensive commentary by meteor- ologists and constant updating of weather conditions in addition Mr. John K. Anderson, City Administrator Letter, October 27, 1983 Page 2- to the radar screen. The cost of the equipment necessary to receive and rebroadcast is $25, 000 per headend as is the case with Cavours. Two problems do occur, however. The first is that WCCO has not received FCC clearance to broadcast and the second is that Shako- pee can be reasonably served only by transmitting the information through the Chaska headend. According to Jim Sullivan, WCCO Chief Engineer, whom I have asked to be present on Tuesday night, a 250 foot tower would be necessary to receive the signal at the Shakopee headend. Mr. Sullivan estimates that the cost for such a tower would be $50, 000 to $80 , 000 , plus installation which could prove very difficult given the rock situation . The management of WCCO has also indicated that they only have room for one transmittal antenna on their tower. I am of the opinion that the only logi- cal weather radar service is WCCO, even though the expenditure necessary is 2 . 5 times the amount estimated by us . An attractive feature of the use of WCCO is that the regional interconnect would be provided also through acceptance of this alternative because all other cable systems in this area will be on-line with this service. WCCO will be able to microwave programming for Channel 6 . I would suggest that we pursue the matter by beginning the variance process. Bill Craig, the Manager of WCCO, has indicated that FCC clearance for transmittal to Chaska/Shakopee will not be received for at least four weeks, thus allowing sufficient time for the variance process to be completed. 2. The interconnect continues to be a problem area although I believe that it will be completed on or before the 8th. We were recently informed that some of the utility poles would have to be replaced at a cost to us in some cases in excess of $1 ,000 . 00 per pole. The utility company also stated that their employees had been and would be too busy to complete make-ready for several weeks. We immediately began seeking easements so that cable could be buried cross-country and also filed an application to bury the cable along the road as the telephone company has done. An additional complication is the crossing of the bridge on Highway 169 . We originally intended to hang the cable on the bridge but were informed that it had to be placed in conduit in the bridge. We then obtained the necessary permits in May but were told that we had to conform to the construction schedule of the bridge contractor. Our engineer, Tony Gauer, was told that the conduit had to be placed in the west side of the bridge. At the time of completion of the west side , he was instructed to return during the pouring for the east side. He argued that the plans and specifications called for west side placement but was told he was incorrect . When he returned during completion of the east side, he was informed that a mistake had been made and that the west side was indeed correct. By this point, of course , the conduit could not be laid in the bridge at all. We then set about attempting to obtain a permit to bury the cable next to the telephone line and are being assisted by the engineering department of the Minnesota Department of Transportation. Mr. John K. Anderson, City Administrator Letter, October 27, 1983 Page 3- 3. Another area of concern is the Shakopee studio, the institu- tional network and the computer and public viewing center. All items placed in the studio were carefully checked against the proposal at the Cable Board meeting on Monday night. In some cases, studio equipment actually ordered and placed in service is different from that proposed. These changes occurred where an upgrade had become available or where the proposed equipment is no longer available. The Cable Commission agreed that the sub- stitutions were reasonable and the company agreed to furnish at a later date , a detailed list of invoices of equipment received and in use. It was discovered that Zylstra-United had failed to order black and white monitors for use by the institutions as well as a triple black and white monitor. These items were ordered on Tuesday following the meeting and we have been assured that they will be in use on or before November 8 . The monitors and character generators will be distributed to the institutions and I will personally contact the institutions to determine their preferences for hook-up. It was also agreed that the 2-3/4 inch and one-1/2 inch video cassette player/recorders speci- fied in the proposal are not needed at this time and thus should not be ordered for the reason that technical advances could make presently available equipment obsolete by the time of use. The company agreed that these items would be provided whenever the Cable Commission feels they are necessary. It was also agreed that there is no point in providing a character generator to the University of Minnesota since they have indicated they do not wish to program at present. It is my belief that with the excep- tion of a film chain and titler and minor pieces of equipment, all of which is ordered or back ordered, the studio is complete . The Cable Commission and the company also discussed the public viewing and computer centers. It was agreed that the public library is the proper place for these items which will be placed there upon final approval by the Library Board in writing . 4 . Explanation has also been made to the Cable Commission relative to those instances where the channel line-up is different than stated in the proposal and ordinance. Several program services are now defunct, or have not become activated. Spectrum Sports has replaced PBS Cable, which has not become operational and Trinity Broadcasting Network was substituted for Interfaith, a channel which has never been in service. The Entertainment Channel and CBS Cable are now defunct and Cinemerica, the shop- per' s channel and UTV are not yet offered. We are continually searching for new program sources and are hoping to offer Channel 41 if certain reception problems can be cured. The Associated Press Channel, along with Reuters, was originally proposed but due to a change in their local bureau, the Minnesota portion has become unavailable. Thus, United Press International has been Mr. John K. Anderson, Administrator Letter, October 27 , 1983 Page 4- II substituted. Unfortunately, Compuvid Corporation programmed the necessary equipment for AP rather than UPI . The program chips were reordered some time ago and according to the company were shipped on October 24 , 1983 . It is anticipated that the expanded Dow Jones service and UPI will replace programming originally proposed by Reuters News Service. At the time the program serv- ices were turned on, Reuters was unavailable . I have since been informed that Reuters may be now active but to this date and despite numerous attempts , I have not been able to reach any company official who is in charge of satellite operations, if any. I hope and believe that this letter explains any problems which may arise. Please keep in mind that comparatively speaking the incompleted portions are very minor. I should also like to point out that since my arrival here on a full-time basis, I have attempted to answer any complaint personally. I believe that with the exception of one person, each complaint received by me has been resolved to the satisfaction of the complainant. On Friday of this week, I will personally direct the completion of any remaining restoration and will attempt to visit with each homeowner to be sure that the restoration is acceptable . The burial of the remaining drops will also begin on the 28th. Very Truly Yours , J.W. Abbott JWA/haj -6-CO-CAB-LE gd . a I ` 1.� November 1 , 1983 x ' ,i fj: Mayor and Members of City Council Shakopee City Council City Hall Shakopee, Minnesota 55379 Dear Persons This letter is to confirm our discussion that once Zylstra-United has signed the interconnection agreement with Midwest Communications (WCCO Cable) , we cannot begin operation of the microwave link until FCC approval is recieved. Our application is written and submitted, the engineering is done and our transmit antenna for Chaska/Shakopee is installed on the roof of the Pilsbury Tower. Approval is expected to take approximately four weeks, depending up- on FCC efficiency. We look forward to providing Chaska/Shakopee with the most complete line of interconnection services available with our state-of-the-art system as soon s—p ssible. Sincerely 7 ?/ /, �" % Will lam' Craig / General Manager 1 WC/mmg i 11th on the Mall Minneapolis Minnesota 55403 612.330.2400 Zyistra—United Cable Television Co. Chaska Shakopee Northfield 123 West Third Street P.O. Box 146 Chaska, MN 55318 October 17, 1983 (612) 448-3831 Ms. Jeanne Andre City of Shakopee 129 E. First Ave. Shakopee, MN 55379 RE : County Road 16 Dear Jeanne : Please be advised that effective October 17 , 1983, Mary Smith will no longer be employed by Zyistra-United. I have relocated to the Minneapolis area and will be assuming the functions of Manager of the Shakopee system. I will be in either the Chaska or Shakopee office but for mailing purposes, I would prefer that you use the Chaska address. Very Truly Yours , )))/ Lti k . r J.W. Abbott President Managing Partner JWA/haj Vio 112:11 Zylstra—United Cable Television Co. `c- Chaska Shakopee Northfield 123 West Third Street P.O. Box 146 Chaska, MN 55318 October 24 , 1983 (612) 448-3831 Ms . Jeanne Andre City of Shakopee 129 E. First Ave. Shakopee, MN 55379 RE: County Road 16 Dear Jeanne: Thank you for your letter relative to the Shakopee head-end drive- way and Highway 16. We are presently working to alleviate any problems by filling in the approach onto the highway with rock, which is being dug up along County Road 16 . We believe that this will be sufficient. I should like to point out, however, that I viewed County Road 16 near our head-end on five occasions during this week and did not notice mud on the road. On one occasion, I stayed at the sight for one hour and found that three vehicles other than those belonging to Zylstra-United entered or exited the property near the head-end for what I believe were farming purposes . We, of course, cannot be responsible for others who enter their own property but we do hope that the use of the rock will alleviate the entire problem. Very Truly Yours , J.W. Abbott President Managing Partner JWA/haj /�(7 MEMORANDUM TO John Anderson City Administrator , ) ----- --- Tkt FROM H. R. Spurrier _______ City Engineer-- - --_ ngineer -- SUBJECT: Release of Evergreen 1st A dition Developers Agreement Minnesota Valley 2nd Addition Drainage Problem Minnesota Valley 3rd Addition Drainage DATE October 28 , 1983 Introduction : In a Council meeting October 4 , 1983 City Council directed staff to contact Renden Developer to inform them that City Council wishes a swale to be developed by them adjacent to Minnesota Valley 2nd Addition , to satisfy drainage problems in that area prior to the release of Developers Agreement for Evergreen 1st Addition . Background : Pursuant to City Council ' s request , City staff met with Gary Laurent , Renden Development , and discussed the complaints the City had received regarding a drainage swale along the City ' s boundary with Jackson Township. During the course of the meeting with Gary Laruent , the following points were made : 1 . All of the erosion is on property owned by Renden Development or in City of Shakopee right-of-way . 2 . Any work that would have been required in order to stabilize that drainage should have been required as a part of the plat of Minnesota Valley 2nd Addition or Minnesota Valley 3rd Addition . 3 . All of the improvements required under both of those subdivisions are now beyond their warranty period . 4 . Renden Development has a drainage agreement , a copy of which is attached , in favor of the City of Shakopee . This drainage agreement gives the upper basin property the right to discharge surface water unto the land in Jackson Township. John K . Anderson ra". October 28 , 1983 - Developers Agreement/Drainage g Page -2- 5 . None of the run-off from Evergreen 1st Addition is tributary to the problem areas . The solution to the problem is rather costly and is detailed below: ALTERNATE I Estimated Cost Remove Debris 5 loads $35 . 00/load $ 175 . 00 Grading 8 hrs . 0 $45 . 00/hr . 360 . 00 Black Dirt 60 loads $50 . 00/load 3 , 000 . 00 Sod and Mulch 0 . 9 Acres $1000/Acre 900 . 00 Subtotal $4 , 435 . 00 10% Contingency 445 . 00 Total Construction Cost $4 , 880 . 00 Technical Services 1 , 120 . 00 *TOTAL $6 , 000 . 00 *Does not include the cost of right-of-way acquisition . The work listed above is very similar to the kind of work required in many other subdivisions in Shakopee . Those would include JEJ Addition , Eagle Bluff 2nd Addition , Prairie 1st , 2nd and 3rd Additions , Horizon Heights , Riverview Estates , Timber Trails , JEJ 2nd Addition , Eaglewood and a few other areas within the older part of Shakopee . The City may elect to deal with this problem by holding the developer responsible as proposed or treat it as we have these other problems and put the problem on a priority list being compiled by City staff as a part of comprehensive drainage improvements city-wide . Putting this project on a city-wide priority list may not result in a timely resolution of the problem. There remains one significant barrier that could prevent the City from resolving this problem in a timely fashion . That barrier is a parcel between Tahpah Park (the gravity outlet for this surface water) and Minnesota Valley 2nd Addition . City staff attempted to acquire easement across this parcel for the Tahpah Park water and sewer system and was unable to get dedication of easement for that purpose . In the event the City is unsuccessful in acquiring easement across this property north of Tahpah Park , then the City would have to construct the swale in Jackson Township and the City would need right-of-way in order to do so. This right-of-way problem may not be serious , but nonetheless , right-of-way is required and if the City must pay for it , it would be additional cost and additional delay for this project . John K. Anderson October 28 , 1983 �) Developers Agreement/Drainage Page -3- There is an alternative to constructing a swale to Tahpah Park . That alternative is the construction of a grass-line swale that would disperse the flow into the agricultural land south of Minnesota Valley 2nd Addition . The farmer that would cultivate this land would have to cooperate by using conservation techniques in cultivating and planting the field south of this grassed area , so that once the flow was dispersed in the grass , it would not be concentrated again in the field . Those improvements would be less costly and could very well solve the problem, provided the farmer cultivating the fields south of Minnesota Valley 2nd Addition cooperated . In the event it became too difficult for the farmer to work around this drainage , a swale could later be constructed to Tahpah and only a small part of this work would be abandoned . The costs of this alternative is estimated below: ALTERNATE II Estimated Cost Remove Debris 5 loads $35 . 00/load $ 175 . 00 Grading 5 hrs . (a $45 . 00/hr . 225 . 00 Black Dirt 28 loads $50 . 00/load 1 , 400 . 00 Sod and Mulch 0 . 5 Acre $1000/acre 500 . 00 Subtotal $2 , 300 . 00 107 Contingency 230 . 00 Total Construction Cost $2 , 530 . 00 Technical Services 1 , 070 . 00 TOTAL $3 , 600 . 00 Alternatives : The City can proceed with Alternative I , constructing all of the drainage improvements within the City of Shakopee , intercepting the surface water before it reaches the natural low point and discharging it into Tahpah Park at the northwest corner . This work would cost a minimum $6 , 000 , and would not include potential damage or inconvenience to the ballfield where this flow would be discharged . Alternate II lets the run-off continue south to the natural low point , where it then flows into Tahpah Park , approximately 600 feet from the northwest corner of the Park . This alternative requires no easement but requires the cooperation of the farmer cultivating the land south of Minnesota Valley 2nd Addition . Alternate II is the least expensive of the alternatives . It can mitigate all of the erosion problems that now occur . Any layman can view stakes placed by City forces along the City limits and see that none of the erosion has occurred in Jackson Township , but some sedimentation has occurred there . A properly designed grassed swale with a plume that would disperse the flow before it entered Jackson Township could be the most effective solution for this problem and eliminate the need to acquire additional right-of-way. John K. AndersonTia Developers AGreement/Drainage October 28 , 1-4- Page -4- Alternate Ii saves an estimated $2 , 400 . With the cooperation of the farmer cultivating the field south of Minnesota Valley 2nd Addition , this work would correct all of the erosion problems that now exist . Therefore , Alternate II , is the recommended alternative . Now, the most difficult element is a decision on whether to proceed with this one last project before a comprehensive City-wide storm sewer policy for addressing these localized problems will be adopted and programed or whether this one project will be completed in the interest of resolving some impediments to a joint powers agreement to cover surface water management in the Mill Pond Basin . Recommended Action : 1 . Authorize City staff to proceed with the work specified in Alternative II , for an estimated cost of $3 , 600. This work would be funded by the General Fund . 2 . Bring Item 11K from October 4 , 1983 Council meeting and take recommended action . HRS/jvm Attachments 0, ✓ �+ E ry DRAINAGE EASEMENT AGREEMENT co )p THIS INDENTURE is made this 30th day of April 1979, between oD• .0 • CJ o Norbert Theis and Corrine Theis, husband and wife, hereinafter ro • Q z o referred to as "Grantors", to Renden Development, a Minnesota Partner- ship, hereinafter referred to as "Grantees" . WITNESSETH: WHEREAS, Grantors are the owners of certain real property located in the County of Scott, State of Minnesota , described in the attached Exhibit A; and WHEREAS, Grantee is the owner of property situated immediately to the North of the property described in Exhibit A, the property of Grantee to be platted as Minnesota Valley 3rd Addition; and WHEREAS, there will be surface water run off from the property of Grantee and the property of Grantors. NOW, THEREFORE, in consideration of the sum of One Dollar ($1 .00) Grantor hereby grants unto Grantee, its successors and assigns, a perpetual easement for drainage purpose over the property described in the attached Exhibit A for drainage purposes limited to surface water runoff.Norbert Theis Theis STATE OF MINNESOTA ) ) SS COUNTY OF CARVER ) Subscribed and sworn to before me this day of April 1979. GERALD A.REKOW ."nTanv Pueltr:-MINNESOTA q 414 EXHIBIT "A" That parcel described as the SW of the SE 4 of Section 11, Township 115 , Range 23 , County of Scott, State of Minnesota. APIdep Ayr 919, Ti ("3 iza — se Maw Ipp psi '1 Ili 1' •���`��T �i 111/ter+1 N yr 9E' Nt ~ 411 nA $0104111111 NI NSA imPa 4ml I MA10j Alrno3 jQ 2:4!10 • . 1 ce--- 411,101NYMININIMOSMIVEIRS•ca... . .. - V ' ‘, t N . . . . ' i grAillfOri , jr j „ I / ... „ N--., ,,,,,,, /J . . 7.-. . ,. / / / 404. AI. I 40' #44. ./4, 40, /r# ... . eb \ 1 ,(A-.1 // ( , s \I / .....I. b , 0 _.. -... // 1- -(6) . .;0:A Mill 46. \ '^ ........-- 1 rt ) , , ' .. 4 4 • I L- .7='' 44,,plot _ .1 T _ , . ..... TN3 i -...-i a. ....,1, , 0). . i.• _ (s) ,... - tL • - .: r• i_ s•-• ..- -, ... t 0- sl A .,. . ,. (P . _._ I : 7 -1•1 liN •,. . 1 • 7 jt-7c 43. i f‘.1,150•V ,q . 1 . . ...,,, [ , - + i — , J ...... "7 ..... //r *...' ..... ..... '..... ; ^-. 1 • • . :I / 1 • — - . . / 1 i . . . ,pi,'Y•i!..,., ; I `... . 4. .1, . ' - • . ... .. . - 1 .... I '' • CO ' ' ' ••••' : i 1 t - ' - (3) 0 i ,..1 i MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE: Developers Agreement - Evergreen 1st Addition DATE: September 30 , 1983 Introduction Sara Laurent of Rendon Development has asked that the City consider releasing the Evergreen First Addition from the developers agreement , even though all work required is not complete . Background The developers agreement requires the installation of sidewalks along the north side of 13th Avenue , plus street construction , sanitary sewer, storm sewer , street lighting, watermain and electric system in Evergreen First Addition . 'l'he utilities have been installed and we need a one year guarantee from the developer. The developer has signed an underground con- tract with SI'UC for the electrical system for lots south of 13th Avenue and will be signing a contract for the electrical system for lots north of 13th Avenue with SPDC next week. The sidewalk are not in yet and the developers would like to delay construction until after construction on the lots north of 13th Avenue . Recommendation Staff recommends releasing the developers agreement after the developer: 1 . provides a one year guarantee of utilities and roadway con- struction from completion date 2 . submits a letter depositing a letter of credit for sidewalk construction 3 . submits a letter of credit in the amount of 125% of the engineer ' s estimate of the cost of sidewalks 4 . execution of a new park dedication agreement Alternatives a . Wait until all improvements are installed prior to releasing developers agreement . b. Authorize release of developers agreement upon submission of above . Action Requested Authorize the release of the developers agreement for Evergreen First Addition upon 1 ) execution of a letter of understanding for Illir 1 Developers Agreement - Evergreen 1st Addition Page Two � September 30 , 1983 completion of sidewalks , 2 ) submission of letter of credit in the amount fo 125% of the City Engineer ' s estimate of the cost of the sidewalks , 3 ) submission of a one year guarantee from completion date of utility installation and roadway construction, and 4) execution of a new park dedication agreement . JSC/jms Note : Council did approve a like request for Minnesota Valley 3rd Addition. in April of 1381 . 1 t I \ , -ter C/t 1a: City of Shakopee m„ 5 vi a K ° Pe POLICE DEPARTMENT LI vY-- NNesoT w � .4, * A )/ q , 476 South Gorman Street '� ��' °�' �1 SHAKOPEE, MINNESOTA 55379 - Tel. 445-6666 L � f O G 553 TO: Mayor, Council Members FROM: Tom Brownell, Chief of Police SUBJECT: Bicycle Safety DATE: October 24, 1983 INTRODUCTION On October 18 , 1983 , council requested a memorandum by November 1, 1983, regarding bicycle safety education. BACKGROUND Presently the Minnesota State Patrol presents a bicycle safety program at the grade school level during the spring of each year. The largest group of offenders appear to be teenagers and adults. The large number of adult violations are probably the result of a lack of knowledge regarding bicycle laws, which are basically the same as those regulating the operation of a motor vehicle. RECOMMENDATION Implement a community bicycle education program in the spring of 1984 , through the use of handout materials, utility billing infor- mation, news media and possibly a cable public access program in cooperation with the State Patrol . The cost of utility billing information costs approximately $80 . 00 per mailing. COUNCIL ACTION REQUESTED Direct staff to implement a bicycle safety education program during the sping of 1984 . go cse¢ve :o Jn-,otEct MEMO TO: Mayor and City Council FROM : Tom Brownell , Chief of Police RE: County/Hospital Parking Proposal. DATE: October 24, 1983 Introduction Council directed staff to prepare a parking proposal for the Scott County/St . Francis Hospital area in cooperation with facility officials . Background Block 57 has been completed and is shared by the County/Hospital for employee parking. Block 57 has a parking capacity of 287 vehicles with 27 of the spaces reserved for physicians . St . Francis staff between 7 : 00 a .m. and 3 : 30 p.m. totals 306 persons . There are 150 physicians registered to practice at St . Francis . The County staff during the hours of 8 : 00 a .m. and 4 : 30 p .m. totals 139 employees . The County is eliminating parking in the garage which will be reserved for County vehicles . Both facilities have designed the remaining off-street parking for out patient or visitor parking, however should the need arise for additional employee parking they are willing to shift the visitor off street parking to employee parking. Due to construction workers presently using both on street and Block 57 parking it is difficult to determine the exact parking - needs arkingneeds at Chis time . To encourage employees Lo use off street parking it is recommended that on street parking be designated two hour parking between the hours of 8 : 00 a .m. and 6 : 00 p.m. which should encourage hospital employees reporting to work at 3 : 00 p .m. to use off street parking. Due to the cost factor of $25 .00 for one parking sign and post , excluding labor , two signing plans are proposed . Three signs per block are the minimum recommended. Alternatives 1 . 81 signs , cost $2 ,025 , would provide for controlled parking on the following streets . a. 4th Avenue , north/south side from Lewis to Apgar Street and 5th Avenue , north/south side from Holmes to Apgar Street . b. Holmes Street , east/west side from 3rd to 5th Avenue . c . East/west side , Fuller , Atwood, Scott Street from 4th to 5th Avenue . d . To be implemented upon the completion of County building. County/Hospital Parking Proposal Page Two October 24 , 1983 2 . 120 signs , cost $3 ,000 , would be an expanded version of alter- native 1 with the following additions . a . Holmes Street , west side from 5th to 6th Avenue . b. Fuller , Atwood , Scott , east/west side from 3rd to 4th Avenue . c . Fuller , Atwood , Scott , east/west side from 5th to 6th Avenue . d. To be implemented upon the completion of the County building. 3 . Do not sign area and allow employees , visitors and residents to park in available spaces . 4 . Hold a public hearing to obtain input from arca residents . Recommendation Staff recommends alternative No. 1 . Action Requested Direct staff to implement alternative No . 1 : 81 signs , cost $2 ,025 , which would provide for controlled parking on the following streets . a. 4th Avenue , north/south side from Lewis to Apgar Street and 5th Avenue , north/south side from Holmes to Apgar Street . b. Holmes Street , east /west side from 3rd to 5th Avenue . c . East/west side , Fuller, Atwood , Scott Street from 4th to 5th Avenue . d . To be implemented upon the completion of .County building. TB/jms - .' r « 11 41 1 � 4 L 1 1 1 1 _ W//'� O 1 Q J � (1 DC 5 6 E— 74 �'� h w cvn (O Ill O - v �o U o i :--/-rr E -7 6 I. ..:::::::::::::.::.':::.::::i:niiiiiiiii LP Jr I0 ---' 0 • ••li ' 2 — CV U) 2 - z o5 J OC C/) >- :. w _ co - a. � W z ¢ 0 w _ ,� 0 _ U _, . .,_ CO 0Z � to � \iJ J _ cc _ D Z L1--W0_ a- W�, ca CO Q - 0 � wap Mil L < CE w L . 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Anderson, City Administrator RE: Pouliot Retaining Wall DATE: October 28 , 1983 Introduction The City received the attached letter from Ted Pouliot dated October 11 , 1983 regarding his retaining wall . I have included the the various memos and letter regarding this matter so Council can review them as well . Problem Because of the nature of the discussion between the City Engineer and Mr . Pouliot , I felt it necessary to met with the Assistant City Attorney because of the potential for litigation. On October 25 , the City Engineer , Assistant City Attorney and I met to discuss and review the plans that the City Engineer showed to Mr. Pouliot when obtaining the easement . After that discussion, I asked the Assistant City Attorney to put in writing his recom- mendations with regard to our exposure to an appeal of special assessments levied against the Pouliot property and against the City for any contractual claim made because of the agreement arrived at when the wall was constructed. The Assistant City Attorney ' s recommendations are attached. Alternatives 1 . Continue with our current position which is to make no changes to the wall . 2 . Follow up with one of the recommendations outlined in the City Engineer' s memo dated June 17 , 1983 and attached. Recommendation The Assistant City Attorney has recommended that we make an effort to conform the retaining wall to some reasonable aesthetic standard acceptable to the land owner , Mr. Pouliot . Action Requested Authorize the appropriate City staff to take quotations for Redwood Heartwood and for installation of the Redwood as facia on the retaining wall and authorize the purchase of the Redwood and the installation; or, remove and replace the wall in proper alignment at a cost not to exceed $3 ,750. 00 . The cost of this work shall not be reassessed to the properties benefitted by the construction of Valley Industrial Boulevard South. JKA/jms SO'BU C/DRV OF ri TNO��i Ou toL CORPORATION 4700 Valley Industrial Boulevard South Shakopee, Minnesota 55379 Telephone: 612-445-8600 Cable: PDESIGN October 11, 1983 John K. Anderson City Administrator City of Shakopee 129 East 1st Avenue Shakopee, MiiuiesoLa 55379-1376 RE: Industrial Blvd. Retaining Wall/Pouliot Designs Corporation Dear Mr. Anderson: In response to your letter of June 30 and subsequent phone call, I am enclosing two bids for landscaping to cover-up the incorrectly constructed wall in front of our property. I would like to emphasize the following: 1. From our initial protests we contended that the wall and double culverts were a waste of taxpayers money. 2. Pouliot Designs is in the landscape business to the extent of providing interior landscape service with man-made or preserved materials on a world-wide basis. We have customers coming to our Shakopee location from all over the United States. We have our franchise owners coming from all over the world. These people spend a great deal of money in Shakopee for both food and lodging. The professional impression we make is very important to our business. 3. The wall constructed in front of our building is improperly designed and casts an extremely bad impression on our company as the outsider thinks it was designed and constructed by us. We have to explain to everyone that the City of Shakopee and not our firm is responsible for this abortion. Companies who call or visit us who are considering locating their building in Shakopee have to be told that Shakopee built the wall not following the agreed upon plan, but we are paying for the wall. Mr. Stan Bachman, President of Bachmans and a leading customer of ours, on a recent visit proclaimed that he has never seen anything like it and the situation should be corrected. October 11, 1983 City of Shakopee Page Two 4. We can offer the testimony of many professional designers, architects, and landscapers who are our customers regarding the wall. You say in your letter "after discussing the issue at length, Council took this action because it was their opinion after viewing the wall, that the particular aesthetic impact of the wall curving construction was not significant". Please inform us the professional training of the council members in this regard. The wall was built contrary to plan. If you put in a crooked road contrary to plan, would the council Okay thai also? 5. Originally we were asked for our approval and suggestions regarding the construction and materials for the wall. It is my understanding that the Council was not even shown the approved plan. Why were we even asked to approve the plan if it was not followed? 6. Who approved the wall after construction? 7. As the wall is a detriment to our company's professional integrity, a detriment to the City of Shakopee, and a detriment to further industrial expansion in the area we feel that the council acted unprofessionally, without background in the subject and with total disregard to the city, our company, and taxpayers in general. 8. It is important to note that on a recent goodwill visit conducted by the City Fathers to our facility, there was general agreement that the wall was poorly constructed. The visiting group included council members. Why did these members have a sudden change of heart? To avoid legal action we strongly suggest that you approve and pay for the compromise landscape quotation or reconstruct the wall according to original approved plan. A solution is necessary before gound freeze-up. Very truly yours, POULIOT DESIGNS COLORATION Ted Pouliot jig enclosure cc: Mayor Eldon Reinke H.R. Spurrier Jim O'Neill P.S. Please contact Jim Tougher in my absence. .�. LANDSCAPE DEPT . Plant Materials Estimate cid EYtabIisl,od in I US 6010 Lyndale Avenue South910-11th Avenue Northwest Minneapolis, Minnesota 55419 Rochester, Minnesota 55901 Designer: 861-7646 �'� f4r�y��,d (507) 2.88-7800 � yl ..� /-1-100 V��l�'�C DATE . 1Q. _5.-.t':).- . . Plan No: �;�)-:�`ie�Z7-i`-� �'klL Fat bio ` o. 61t. THE LANDSCAPE DEPARTMENT PARTMENT OF BACHMAN'S, INC. IS PLEASED 1 r iN 5,_ 57 qEASED TO SUBMIT THE FOLLOWING PLANTING ESTIMATE FOR YOUR PROPERTY: ' 5—e) 006 juantity Material Size Each Total Planted Total Plante mi. - L r.rL'i ��. E • c WIIIEXIUIIIMIIIIIIIIIIMIIIIIIIIIIOIIIIIINIIIIIII MOIIMIIMMMEMIIMIIIIIIIIMMIMIIIIIIIIIIMI r6 li a t . 116.r e o X)oo ', 37(6 EMBERM! • tirtemmusionss. . = o ___&___ EPAIMMIN 0-0 11111.1 MN= IIIMI MIMI num . . .,0 iii =I1= inG%� , , 111121E 1116W111 ,J. ., TOTAL MATERIALS t )V1.LI, SALESMAN 4- 14-. 46`le Nur. 404 June '83 TOTAL PUNTED 6iLVcL4-t z-t6 yy j t //�� PRICE rX7.4/4l rOtU �t rage No. of Pages MINNESOTA,VALLEY NURSERY, INC. No 1431 . Route 3 Box 128 SHAKOPEE, MN 55379 (612) 445-4024 PROPOSAL SUBMITTED TO PHONE DATE Ponilot DesignCorporation 445-8600 10-7-83 STREET JOB NAME 4700 Valley Industrial Rlvrj CITY, STATE AND ZIP CODE JOB LOCATION Shakopee. MN 9537' ARCHITECT DATE OF PLANS JOB PHONE P. _ - 4_ • e We hereby submit specifications and estimates for: 16 Scandia Juniper 5gal 8 High Bush Cranberry 6' BB 3 Wayfaring Tree Viburnum w' BB 11 yds Aggregate Rock 8 Sections Valley View Edging 20' Total Installed $2 , 385.00 Sales Tax 78. 25 2 ,463.25 • L 1:P Propose hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: dollars($ )• Payment to be made as follows: 20% down payment; balance upon completion All material is guaranteed to be as specified. All work to be completed in a workmanlike Authorized manner according to standard practices.Any alteration or deviation from above specifica- Authoho tions involving extra costs will be executed only upon written orders,and will become anSignature extra charge over and above the estimate.All agreements contingent upon strikes,accidents Note:This proposal may be or delays beyond our control.Owner to carry fire,tornado and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance. withdrawn by us if not accepted within days. ,erre tII1rE Itf f rnpooa1—The above prices, specifications ^_ and conditions are satisfactory and are hereby accepted. You are authorized Signature to do the work as specified. Payment will be made as outlined above. Signature Date of Acceptance: Law Offices of KRASS, MEYER, KANNING & WALSTEN Chartered Suite 300 Marschall Road Business Center Phillip R. Krass Paralegals 327 South Marschall Road Barry K. Meyer Susan M.a Brown m P.O. Box 216 Philip T. Kanning Shakopee, Minnesota 55379 Trevor R. Waisten (612) 445-5080 MEMORANDUM TO: John K. Anderson . //// -( FROM: Phillip R. Kras�` v` DATE : October 26 , 1983! RE: Pouliot retaining wall I have reviewed the documents and letters which have gone back and forth between the City and Pouliot Designs, as well as the plans and drawings Bo brought to our meeting . I will attempt to answer your questions one at a time . 1 . First of all , it is my opinion that Mr. Pouliot will be unable to successfully appeal any special assessments levied as a result of this project . He has not given written notice of intent to appeal , nor has he filed notice of appeal within the required 30 days . 2 . My greater concern is that Mr . Pouliot may have a contractual claim against the City. According to information supplied by our engineering office, the probable value of the easement which Pouliot Designs transferred to the City for $1 is approx- imately $3 ,000 . From the conversations Mr. Pouliot had with Mr. Spurrier, it appears that the consideration for that $3 , 000 easement given by the City is some type of aesthetic review and approval of the retaining wall which would have been constructed anyway. Mr . Pouliot did not wish to have a cement retaining wall as was preferred by Mr . Spurrier because of its durability, but rather wanted a retaining wall of the type we eventually constructed. My understanding is that Mr . Pouliot now basically objects to the fact that the ends of the retaining wall flare upwards, a design technique chosen by the City for its cost savings . There appears to be some confusion about what Mr. Pouliot may or may not have approved, but there is no question that he is exceedingly unhappy with the aesthetic appearance of the present facility. I believe that Mr . Pouliot does in Memo to John Anderson Page 2 October 26 , 1983 fact have some contractual rights involving aesthetic approval within reason of the design and construction of this retaining wall . It would be advisable to solicit an opinion of some design expert as to whether or not the design of the retaining wall meets reasonable aesthetic criteria. Even if the answer to that question is yes, however , the issue is not whether the wall meets general de- sign criteria aesthetically, but whether or not we have given Mr. Pouliot some reasonable aesthetic approval for which he may validly contend he paid $3 , 000 . I belive that the City has some liability exposure here . We would have had to have built that retaining wall even if we con- demned and paid fair market value for the Pouliot easement. Mr. Pouliot may validly argue that the consideration for that easement he granted the City was to make sure he had a retaining a wall which, in the contexts of his business enterprise , he felt he could live with. it is my recommendation that some significant effort be made by the City to conform the retaining wall to some reasonable aesthetic standard acceptable to the landowner. Perhaps the action requested in Mr . Spurrier ' s June 17 , 1983 , memorandum to you might make the most sense . Call if you have any questions . CITY OF SHAKOPEE ., iiiriburt - INCORPORATED 1870 Ems*-'�+rt-�','."-�-.:TY.�3^.'k�'�-'g�!_a 3; �u-."�ti.:Li'i�' q-�s,,:u"u : 0u.. .r..,u;.EU 3 r 129 E. First Ave. - Shakopee, Minnesota 55379-1376 (612) 445-3650 .I iO ,: 4 1 i C tt• ,fs ► r . June 30 , 1983 ° ;;,t Mr. Ted Pouliot Pouliot Designs Corp. 4700 Industrial Boulevard Se . Shakopee , MN 55379 Re : Industrial Boulevard South Retaining; ta ! I Dear Mr. Pouliot : The Shakopee City Council , at its June 2q , 1 Citi 3 meeting , reviewed ( he Cit ;;t a 1 1 reconnnended ;ic t ion as cut i i ned iii the attached memorandum. Alter discussing the issue at length , City Council voted to Lake no action to correct the wall . Council took this act ion because it was their opinion , after viewing the wall , that the particular aesthetic impact of the wall ' s curving construction was not significant . If you would like to pt,rsue this matter with Counci. I I suggest that you respond in writing to my letter requesting to attend the next City Council meeting . 1 am not at all certain you wi 11 be able to change Council ' s position ; however , any additional information you can bring to the meeting would be helpful . Sincerely , 1,7->rtvt\)/, t/61 A i .John 't: . Anderson City ,.d::,ini irat<,r JK.A/_1ms cc : H . R . Spurrier , City Engineer Jim O' Neill , ICC Member 1 l // , . ! l , , it , 1 r 1 / rr An Equal Opportunity Employer iht— •:... -q M E M O R A N D A TO : John K. Anderson City Administrator FROM H. R. Spurrier `. City Engineer r ---- SUBJECT: Valley Industrial Blvd. So. - Pouliot Wall DATE: June 17 , 1983 Introduction: The City received complaints from Pouliot Designs and other Industrial Park owners about the appearance of the retaining wall installed on the above- referenced project. Background: Complaints about the retaining wall are valid because the wall was installed incorrectly under my direction. Structurally the wall is sound. Aesthetically, the wall is objectionable. I have reviewed three alternatives for correcting the problem: 1. Remove and replace the wall at a proper alignment, at a cost of $3,750.00. 2. Nail a durable facia to the wall to cover or mask the aesthetic elements of the wall that are objectionable. The cost of material and labor to install facia is $1 ,525.00. The facia would be cedar or Redwood Heartwood. Mr. Pouliot considers either of those materials acceptable. The Redwood is a more durable material and recommended. This problem is the result of a mistake in our inspection and therefore, the property owners should not be reassessed the cost of this work. The cost should be taken from a reduction in the City cost in the project. There is sufficient funds in the project for that reduction. Action Requested: Authorize staff to take quotations for Redwood Heartwood and for installation of the Redwood as facia on the retaining wall and authorize the purchase of the Redwood and the installation at a cost not to exceed $1 ,52.5.00. The cost of this work shall not be reassessed to the propertes benefitted by the construction of Valley Industrial Blvd. South. HRS/jvm MEMO TO: Mayor and City Council 41 FROM: John K. Anderson, City Administrator RE: Golden Gloves Program DATE: October 24, 1983 Introduction Chief Torn Brownell and I have been approached by Officer Ron Carlson who is the coaching mainstay of the Golden Gloves Program. Ron has approached us to discuss the increasing success of the Golden Gloves Program and the demand this has made on his personal time . He has requested that the regular duty hours presently committed to the program by the City be increased. In the past some of Ron' s regular duty hours were used to run the program. This practice was okayed by the Chief and myself. Problem As a result of Ron' s request , the Chief tried to quantify the regular duty hours that would be available for the program and as a result we decided a Council decision was necessary. This City program, sponsored by the Police Department and supported by a few key adults , requires that Ron Carlson spend roughly 442 hours of his person time on the program during the seven month season. This total is broken down into 230 hours of regular practice , 84 hours of extra tournament practice , 28 hours of coaches meetings , and 100 hours for shows and tournaments . This does not include hours of practice required for boxers , should they reach the State , Regional or National tournaments . When boxers qualify for these tournaments it requires roughly an additional 50 hours of practice time in addition to the events themselves . Ron has requested that the City permit him to spend up to 100 hours on his regularly scheduled shift recorded on his bi-weekly timesheet on the program. In effect , he would be taking 100 hours out from normal police work to spend on the Golden Gloves Program. Alternatives 1 . Grant Ron' s request in the form of a formal commitment by the City to the program. The request for 100 hours constitutes roughly $1 ,651 in patrolman salary ( $13 . 21/Hr. x 125% for bene- fits = $16 . 51/Hr. x 100 hours ) . In a sense this is a 4 to 1 commitment on Ron' s part to spend 4 hours of his personal time on a City program if the City is willing to allow him to spend 1 hour of City time on the program. The benefits of this approach can be summed up simply because it will mean the survival of a program serving 35 boys who are not otherwise in the mainstream of school and community activties . On the negative side is the potential that the public will not under- stand the proposal , that other employees will want similar arrangements and that it represents a 100 hour drain on patrol hours available to the department . . \r" Golden Gloves Program Page Two October 24, 1983 2 . Place the program under Community Services as an auxiliary agency and beef up its fund raising capabilities so that it can pay its coaches some $1500 - $2500 per year for their services . This would mean that the program would function much like the current gymnastics program. It would establish a traditional relationship between the City and specialized instructors ; however, Ron has stated that he and his coaches really don' t want to be paid for the program. 3 . Find new coaches for the program who will accept the respon- sibility of running the program if paid on a part time basis as we pay other instructors for community education programs . The benefits of this approach are listed under No. 2 above and the drawbacks are the loss of continuity in instructors and the potential for losing the program altogether if good replacements cannot be found. 4. Some combination of the above mentioned alternatives . Summary and Recommendation The Boxing Commission, Chief and I recommend that we try alternative No. 1 on a one year basis. The reason for this recommendation is our firm conviction that the program is a benefit to Shakopee students participating in the program and the community at-large . Moreover, we believe that making this type of commitment formally will acknowledge what a large number of Golden Gloves Programs run by Police Departments already practice . City Council has begun to experiment with non-traditional uses of City employees with the most recent example being that of Fulton Schleisman being granted a leave of absense to work as an inspector for a private engineering firm. This one year trial can legitimatly be seen as another creative way to maximize the talents of City employees . If the trial period includes the requirement that the hourly commitment be 4 to 1 it should discourage a rush of employees asking for the same type of opportunity. Finally, it should be noted that the 100 hours Ron would be granted would be spent on the Golden Gloves Program, a City supported program, and not pursuing other non-work interests that he may have . Action Requested Pass a motion authorizing the appropriate City officials to grant Ron Carlson 100 hours of Police Department time for operation of the Shakopee Golden Gloves Program provided that he make the per- sonal commitment of an additional 400 hours of his own time to insure the success of the program during its seven month season. JKA/jms _ ./.-j 0 (at' A-,______,4.1 (:)1 lea-}L...:---?-1 7 a-2,L.1 -L-.:71-.'"i'1.-..)c.n ce ('•----:/67)r-c.,,. AGlee2-06( P-- e444.A..a.. i�-/C cL /& J &4/ /47/4.-A/7.. ,Q-t'ft‹.71J7�. -,4.h�,, a.t.,..4_, A +•two Q4-l.,A, �,cc.l.. ;fx� ii7 NJ-a&to tl)..._-4 727t.trl 9u-; ,Ji, <�t�, 0. „,_ vn cl- ,,, ei„....., •o/p/A. f/••3l p/R „. h.d �� / -7 / ft.�S-�!� pie t(---t c._.�.d /.(/1.� �crn,..� �f!mob /i�/1l. f G/ �,,,A /d Com/ 0-x— /-i2-(d__ __ZI'L0 2 I, ,4,;(..-1.x,,...6,_ :,),,_,, (:.": „...-cyt, 0-et 1_, „e--j. ,, ,..._ __ _,_,,t_,_ /6/.-A,-* ,,' `. �., ���-L'i',eQJ Cahn « r(2f of tf ,_,. 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P,cf c -7/,C f'_X�ry etuC,1ccC. v 7` at.or'Gs /k ms/Hi s Y 5 HoiuS ,f /Ocl,in4.ncen f$ jQz 4/a _ ) �2 /04 a e'17(' c . --2)( o_ if;-rr�t J raIrcaJ U 47e,-, •hia r n.rx.fr 41_ 1/ .2 /t". c / v�nU 7,rt In-r t1/ tj 77� O V __lot(4441 /240 , 7/L,2_ L2 (sl l'. MEMO TO: Mayor and City Council ; FROM: John K. Anderson, City Administrator �' RE: Prior Lake-Spring Lake Watershed District Outlet Project No. WD 76-4, Shakopee Easements DATE: October 26 , 1983 Introduction The Prior Lake-Spring Lake Watershed District is in the process of completing the easements acquired for the outlet in Shakopee . I had requested that the District provide Shakopee with a check- list outlining the status of all of the projects and listing those requiring action by the Shakopee City Council . That list is attached for Council review. Background The City Engineer and City Attorney reviewed preliminary drafts of the easements prior to their execution. We have now received executed copies of all of these easements and they are on file for Council review. In reviewing the final form of the contracts staff had questions about the exceptions made in the process of acquiring the ease- ments and in the easement agreement attached to the Metropolitan Waste Control Commission easement . To resolve these questions the City Engineer and I met with the Assistant City Attorney and after that review I mailed the attached letter to Bryce Huemoeller , Attorney for the Watershed District , explaining that the City could not accept the Metropolitan Waste Control Commission (MWCC) easement . The City is rejecting the MWCC easement because it has been significantly changed since it was initially reviewed by the City Engineer. The City Council should also be aware that a number of side agree- ments were made with homeowners to secure easements . These side agreements went beyond our normal easement acquisition procedure which stipulated that only the assessed value should be offered for the easement and any compensation provided beyond that should be awarded by the court rather than negotiated in the form of side agreements . Council should also be reminded that we have approved the Valley Industrial Park Limited easement which, like the Kawasaki Motors Corp. easement before you tonight , traded the normal appraised value compensation for a realignment of the ditch in accordance with the desires of Valley Park and Kawasaki Motors . Alternatives 1 . Authorize the appropriate City officials to execute the Kawasaki Motors Corporation easements for the Prior Lake-Spring Lake Watershed District outlet through Shakopee . 2 . Direct staff not to execute. the Kawasaki Motors Corporation easement as presented. Prior Lake-Spring Lake Watershed District Outlet Project No. WD 76-4 , Shakopee Easements Page Two October 26 , 1983 3 . Direct staff to discuss the overall easement acquisition pro- cedures with the Watershed District because they have not complied completely with the City ' s normal process as outlined in the Joint Powers Agreement . Recommendation Staff recommends alternative No. 1 because the Kawasaki Motors Corporation easement incorporates the same language used in the Valley Industrial Park, Ltd. easement , which has already been approved by Council . Secondly, staff recommends that the other easements with their attached side agreements between the land owner and the Watershed District be filed rather than making an issue out of it after the fact . Action Requested Direct the appropriate City staff to execute an easement between Kawasaki Motors Corporation and the City of Shakopee for the Prior Lake-Spring Lake Watershed District Outlet Project No. WD 76-4 . 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First Ave. - Shakopee, Minnesota 55379-1376 (612) 445-3650 KO '?' `C Jj October 24 , 1983 7 % ra Mr. Bryce Huemoeller PO Box 67 16670 Franklin Trail S . E. Prior Lake , MN 55372 Re : Prior Lake-Spring Lake Watershed District - City of Shakopee - Outlet Project WD 76-4 Dear Mr. Huemoeller : City staff has now reviewed easement numbers 2.5 through 37 sent under your cover letter of October 3 , 1983 . We did note that a number of the easements that do not require >hakopee ' s signature had additional side agreements which mean that they do not technically comply with our resolution establishing pro- cedures for acquiring easements . At this point , staff intends only to make mention of this to City Council in closing out our joint easement acquisition efforts . City staff will recommend that easement No. 33 for Kawasaki Motors Corporation be approved by the City Council for execution. Staff will not recommend approval of the proposed casement between the Metropolitan Waste Control Commission, the Watershed District and the City. The proposed easement executed by the Watershed District and MWCC includes significant changes from the easement initially reviewed by our engineering staff and those changes make the easement unacceptable. Staff will recommend to Council that it not authorize execution of the agreement in its present form. I anticipate action by the Shakopee City Council on the Kawasaki Motors Corporation easement at the Council ' s next regular meeting on Tuesday, November 1 , 1983 . After Council action the joint efforts at acquiring easements in Shakopee will then be completed with the exception of the MWCC easement . From the City ' s perspective no easement exists between the MWCC , Watershed District and the City of Shakopee . If you have any questions regarding the City staff ' s posi- tion on the above easements please contact me . Sincer ly, ,,..74t, ohn K. Anderson City Administrator JKA/jms cc : George Lii Vretr. , /MWC6 r , 0 / P r o g r c kit? / icy Julius Coller , City AttorneyaDon Benson, Director PLSL Bo Spurrier, City E1'� €gt'��e p rtunityEmployer wqt—n,-chpd ni cr, -+- EASEMENT IMPROVEMENT AGREEMENT AGREEMENT, made this day of ^ , 19 , by and among: PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT ("PLSLWD") CITY OF SHAKOPEE ("COS") KAWASAKI MOTORS CORP . , U. S .A. , INC . ("KMC") A. RECITALS 1. The PLSLWD is presently engaged in a project , entitled the "Lake Outlet Project , Number WD 76-4" , (the "Lake Outlet") , to construct an artificial outflow on Prior Lake and to transport excess waters from Prior Lake to the Minnesota River. 2 . The implementation of the Lake Outlet requires that the PLSLWD acquire certain drainage easements , of which the easement relevant to this Agreement is legally described on the attached Exhibit A and by reference made a part hereof, (the "Lake Outlet Easement") . To obtain the assistance of the COS in acquiring the Lake Outlet Easement, the PLSLWD and the COS have entered into a Joint Powers Agreement , dated June 2, 1981, in which the COS is granted the right to use the Lake Outlet Easement for utility purposes . To this end, eminent domain proceedings have been commenced under Minn. Stat . Sec. 117 . 011, et . seq. , (1971, as amended) , in the Scott County District Court, File Number 82-00839 , and KMC has been named as a defendant in the action. 3. KMC has agreed to grant the PLSLWD and the COS the Lake Outlet Easement on the conditions that the PLSLWD (a) pay to KMC the sum of $1. 00 and (b) improve the Lake Outlet Easement as hereinafter specified. 4. The parties hereto desire to commit to writing their respective agreements for the grant and improvement of the Lake Outlet Easement. B. AGREEMENT NOW, THEREFORE, the parties hereto hereby agree as follows : 1. Grant of Lake Outlet Easement. _Concurrently with the execution of this Agreement and the PLSLWD' s payment to KMC of the sum of $1. 00, KMC shall execute and deliver to the PLSLWD «< and the COS a Deed of Utility and Drainage Easement substantially in the form of the attached Exhibit B and by reference made a part hereof. 2. Improvements to be Constructed by the PLSLWD. In consid- eration hereof, the PLSLWD shall at its sole cost and expense, make the improvements to the Lake Outlet Easement more particularly specified on the attached Exhibit C and by reference made a part hereof, (the "Lake Outlet Easement Improvements") . The improvements shall be commenced and completed prior to December 31, 1982 . The PLSLWD shall indemnify and hold KMC harmless from any liability for the cost and expense incidental to the construction of the Lake Outlet Easement Improvements and shall remove by payment or posting of a bond any mechanic' s or other ' liens resulting therefrom. 3. Additional Covenants of the PLSLWD. The PLSLWD warrants to KMC that the Lake Outlet Easement Improvements either are presently included in the Plans and Specifications for the construc- tion of the Lake Outlet , or will be incorporated in the Plans and Specifications by approved Change Order . If a Change Order is required, the PLSLWD shall provide KMC with an executed copy of the Change Order not later than fourteen (14) days prior to commencement of work on the Lake Outlet Easement . 4. Entire Agreement. This Agreement and the Deed of Utility and Drainage Easement referred to herein contain the entire under- standing of the parties hereto with respect to the grant of the Lake Outlet Easement and supersedes any and all prior agreements and understandings . No representations , warranties or promises, whether oral, implied, written or otherwise, have been made or relied upon, by either party hereto unless expressly stated in either this Agreement or the Deed of Utility and Drainage Easement. 5. Persons Bound. This Agreement shall bind and inure to the benefit of the parties hereto , and their respective successors and assigns . -2- ' s IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the above day and year. PRIOR LAKE-SPRINGE WATERSHED TTRICT „ ; BY (1 ITS P IDT AND , 5///e?-;-7 ITS ' E 'ETARY i CITY OF SHAKOPEE BY ITS MAYOR AND ITS CITY ADMINISTRATOR KAWASAKI MOTORS CORP . , U. S .A.. ,, INC. BYkl ec/C-c ITS_ . AND s // ITS , j0 I —3— EXHIBIT A - T.Er,,AL DESCRIPTION FOR PERPETUAL EASEMENT A STRIP OP LAND 100 . 00 FEET IN WIDTH, IN THE NORTH 824 FEET OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 10 , TOWNSHIP 115, RANGE 22 , SCOTT COUNTY, MINNESOTA. THE CENTERLINE OF SAID STRIP OF LAND BEING; DESCRIBED AS FOLLOWS : CO""FENCING, AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE WEST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER A DISTANCE OF 290.00 FEET TO THE POINT OF BEGINNING TO THE CENTERLINE TO BE DESCRIBED; THENCE DEFLECTING RIGHT 13 °00'00" A DISTANCE OF 117.38 FEET; THENCE DEFLECTING RIGHT 45°00'00" A DISTANCE OF 157.00 FEET; THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID NORTHEAST QUARTER TO ITS INTERSECTION WITH THE NORTH LINE OF SAID NORTHEAST QUARTER; THENCE NOR*H PARALLEL WITH THE EAST LINE, OF THE SOUTHEAST QUARTER OF SECTION 3, SAID TOWNSHIP 115, SAID RANG 22, A DISTANCE OF 10.00 FEET AND THERE TERMINATING. EXHIBIT B A DEED OF DRAINAGE AND UTILITY EASEMENT THIS INDENTURE, made this day of 19 , between KAWASAKI MOTORS CORP . , U . S .A. , INC. , a corporation under the laws of the State of Delaware, having its principal place of business in the County of Scott, State of Minnesota, (the "Grantor") ; and the PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT, a political subdivision of the State of Minnesota, situated in the County of Scott, State of Minnesota, and the CITY OF SHAKOPEE, a municipal corporation situated in the County of Scott, State of Minnesota, (the "Grantees") . WITNESSETH: The Grantor, in consideration of the sum of One and No/100 Dollar ($1. 00) to it in hand paid by the Grantees , the receipt of which is hereby acknowledged, does hereby grant, bargain, quitclaim and convey unto the Grantees, their successors and assigns , forever, the following easements , to-wit : A perpetual easement for drainage purposes over, under and across that certain parcel of real estate lying ' and being in the County of Scott, State of Minnesota, legally described on Exhibit "A" , which is attached hereto and by reference made a part hereof, together with the perpetual right to construct, install, maintain, repair, use, enlarge, modify and service any and all improvements which may from time to time be installed over, under and across said perpetual easement. TO HAVE AND TO HOLD THE SAME, together with all ' the heredit- aments and appurtenances thereunto belonging or in anywise apper- taining, to the Grantees , their successors and assigns , forever, subject only to . the following: 1. Reservation of Right of Entry and Use. The Grantor reserves for itself, and its successors and assigns , the right to enter upon and use said easement area for any purpose; provided, however, that the Grantor, for itself, and its successors and assigns , covenants and agrees that it shall not excavate, fill, • dump, drain, cultivate within, or otherwise interfere with t intended use of said easement area by the Grantees . he 2. Joint Powers Agreement . The Grantees acknowledge that their respective interests in said easements are in all respects subject to the covenants , conditions, obligations and agreements contained in that certain Joint Powers Agreement , dated June 2 , 1981 , among the Grantees and the City of Prior Lake, as such Joint Powers Agreement may be from time to time amended or supple- mented. By their acceptance of this Indenture , the Grantees , for themselves and their respective successors and assigns, cove- nant and agree to keep and perform all of the covenants , conditions , obligations and agreements of said Joint Powers Agreement , the terms and conditions of which are incorporated herein and by reference made a part hereof as if fully set forth in this Indenture. 3 . Non-Exclusive Easement . The easements granted herein shall be non-exclusive ; and the Grantor, its successors and assigns, may grant additional easements to others over and across said easement area ; provided, however, that any such subsequent easement grant shall not permit any use or activity prohibited by paragraph 1 above. 4. Existing Easements . The easements granted herein are granted subject to all existing easements of record. 5 . Indemnification Use. The Grantees shall indemnify the Grantor, its successors and assigns, and hold it harmless against any and all claims for personal injury, death and property damage , including reasonable attorneys ' fees in the defense of such claims , which may arise out of or are incidental to the exercise of the rights of the Grantees , their successors and assigns , under this Indenture. • 6 . Indemnification - Improvements . The Grantees shall indemnify the Grantor, its successors and assigns , and hold it harmless against any and all claims for the cost and expense incidental to the construction of improvements upon or to said easement area, including reasonable attorneys ' fees in the defense -2- 6 of such claims , which may arise out of or are incidental to improve- ment of said easement area by the Grantees, their successors and assigns under .this Indenture . 7. Improvements Above Grade. No structures or facilities shall be constructed or installed upon the easement area above grade without the prior written consent of the Grantor. 8 . Restoration . The parties hereto acknowledge that the Grantees intend to construct certain drainage improvements upon said easement area. Upon completion of such drainage improvements , or in the event of the construction of other improvements thereon; the Grantees , their successors and assigns shall restore the remainder of said easement area to as near the condition which existed immediately prior to the construction as is reasonably possible , including the restoration of any fencing removed from the easement area. 9 . Reservation of Right to Relocate Easement . Grantor hereby reserves the right , exerciseable at any time during the term hereof , to relocate the foregoing perpetual and temporary easements , ( the "Existing Easements" ) , upon the following terms and conditions : (a ) The procedure for relocating the Existing Easements shall be commenced by the Grantor serving upon the Grantees , not later than sixty ( 60 ) days prior to the date proposed for relocation of the Existing Easements and commencement of construction - of improvements within the land over which the easements are to be relocated , a notice of intent to relocate the Existing Easements , ( the "Notice of Intent" ) . The Notice of Intent shall specify or include by exhibit the following : ( i ) A proposed Amendment to this Deed of Drainage and Utility Easement , fully executed and acknowledged by the Grantor , containing the proposed legal description for the easements as they are proposed to be relocated, ( the "Relocated Easements" ) , and further incorporating all changes thereto necessitated by the relocation -3- of the Existing Easements and the construction of the proposed improvements within the Relocated Easements . ( ii ). The plans and specifications , ( the "Plans" ) , certified to by a registered civil engineer in the State of Minnesota, for any drainage or other improvements to be made within the Relocated Easements , ( the "Drainage Improvements") , together with a statement of the estimated cost of constructing the Drainage Improvements contained in the Plans . ( iii ) Executed copies of all required governmental ' permits and/or authorizations, or the appropriate appli- cations therefor, necessary or incidental to the relocation of the Existing Easements and the construction of the Drainage Improvements specified in the Plans . ( iv) A bond , irrevocable letter of credit , or other suitable security, for the benefit of the Grantees for an amount of one hundred twenty-five percent ( 125%) of the estimated cost for constructing the Drainage Improvements specified in the Plans ; provided , however, that if another governmental agency has, or will , require similar security as a condition to the issuance of any permit or other authorization required for the commencement of construction of the Drainage Improvements , the Grantor shall be entitled to credit for the amount of the security posted on the demand of such other governmental agency. ( v ) A timetable for construction of the Drainage Improvements specified in the Plans , including the dates proposed for both commencement and completion of the work. ( vi ) An attorney ' s title opinion, or an equivalent opinion , covering the Relocated Easements identifying all necessary parties to the .Amendment to this Drainage and Utility Easement Agreement. -4- 7. • . ( b) The Grantees shall approve the proposed relocation, unless the Grantees find that either the Relocated Easements or the Drainage Improvements , or both, will have one or more of the following : ( i ) A substantial adverse effect upon the level of water quality of Dean' s Lake ; or ( ii ) A substantial adverse effect on the maintenance obligations of the Grantees with respect to the Existing Easements or the drainage system of which the Existing Easements are a part ; or ( iii ) A substantial adverse effect on the balance of the drainage system of which the Existing Easements are a part . If the Grantees approve the proposed relocation, they shall fully execute and acknowledge the Amendment to this Deed of Drainage and Utility Easement submitted with the Notice of Intent and return it to the Grantor together with permits authorizing commence- ment of the work referred to therein . The permits shall specify all conditions precedent to commencement of the work which must be complied with by the Grantor. If the Grantees reject or modify the proposed relocation, the Grantees shall notify the Grantor of such rejection or modification in a writing, containing the reasons therefore , within sixty ( 60 ) days following receipt of the Notice of Intent . If requested by the Grantor, the Grantees shall complete vacation proceedings required by law or execute such other documents as may be necessary to release the Existing Easements and reasonably required by the Grantor and/or the Scott County Examiner of Titles . ( c ) In relocating the Existing Easements and constructing the Drainage Improvements within the Relocated Easements , the Grantor hereby agrees as follows : ii ) The Grantor shall perform all work in connection with the relocation of the Existing Easements and the construc- tion of the Drainage Improvements on or to the Relocated -5- 1 Easements in a manner which will not interfere with the flow of water through or the capacity of the drainage channel , way or areas lying within the Existing Easements ; nor shall the Grantor cause or permit any blockage or inundation of the Existing Easements or of the drainage channel , way or areas located therein . ( ii ) The drainage channel to be constructed within Relocated Easements shall conform to the construction standards set forth in the Joint Powers Agreement , dated June 2 , 1981 , between the City of Prior Lake, the City of Shakopee , and the Prior Lake-Spring Lake Watershed District , including, but not limited to , the specific design and construction requirements contained therein with respect to channel capacity , bank stabilization, soil erosion and post-construction war- ranties . If the channel construction is made in conformance with the requirements of the Joint Powers Agreement , the Grantees shall , upon expiration of the post-construction warranty period , and in accordance with the terms and conditions of the Joint Powers Agreement , assume full and complete responsibility for the repair and maintenance of the drainage channel located within the Relocated Easements . (d ) The Grantor shall indemnify and hold the Grantees , and each of them, harmless from any loss , cost , damage or expense which the Grantees may suffer or incur as a result of the relocation of the Existing Easements and/or the construction of Drainage Improvements within the Relocated Easements by the Grantor . ( e ) All disputes arising out of or in connection with this Section 9 shall be resolved by arbitration in accordance with the Minnesota Uniform Arbitration Act . Such arbitration shall be determined in the City of Shakopee in accordance with the rules of the American Arbitration Association, or its successor, and the judgment rendered may be expressed in any Court having jurisdiction pursuant to the Act . -6- IN WITNESS WHEREOF, the Grantor has executed this Indenture on the above day and year. KAWASAKI MOTORS CORP. , U.S .A. , INC. BY ITS AND ITS STATE OF ) ) ss . COUNTY OF ) The foregoing Deed of Drainage and Utility Easement was • acknowledged before me on this day of 19 , by and , the and , respectively, of KAWASAKI MOTORS CORP. , U. S .A. , INC. , a Delaware corporation, on behalf of the corporation. Notary Public THIS INDENTURE WAS DRAFTED BY: BRYCE D. HUE : ::! LE R ATTORNIY 16670 FR= ! T .Il SE P.O. BOX 67 PRIOR LAKE, MN. 55372 TAX STATEMENTS FOR REAL PROPERTY DESCRIBED HEREIN SHALL BE SENT TO: - 7 - • EXHIBIT "C" PARCEL NO. 33 DESCRIPTION OF PROPERTY AND STATEMENT OF PROJECT EFFECT OWNER: Kawasaki 'Motors Corp. , USA, Inc. The present use of the parcel consists of an industrial plant located in the wescerly portion of the parcel with a field testing area extending from the plant to the easterly boundary of the parcel . An existing natural drainge char el meanders in a north-south direction through the.property approximately 400 feet west of the easterly property line. 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W Mt Ci ,...7.1;'...,9. .. : '7 .'im • • • ' *.: • • • • . . : . . . ... _ : . . . . . . ... . . . c..) . • :o ,..- ).7,.: • < • • . : • • •N• ... : • . . 1 • : , .. .i..ji :..; ..._: .0 . , • . . . MEMO TO: Mayor and City Council V671 FROM: John K. Anderson, City Administrator RE: Private Sewer Lines DATE: October 24, 1983 Introduction The Shakopee City Council , at its regular October 18 , 1983 meeting, received a memorandum regarding problems with private sewer lines from LeRoy Houser. After reviewing the problems outlined , Council directed staff to draft a policy requiring individual hook-ups to the municipal sewer lines when problems occur and to outline how the policy might be implemented. The following staff members met on October 24th to review the problem: Art Young from SPUC, Ray Ruuska , LeRoy Houser, Jim Karkanen, Bo Spurrier and John Anderson. Staff Policy Questions The staff members participating in the discussion determined that the number 1 priority of any program should he to protect the potential home buyer who might unknowningly buy a house on a pri- vate sewer line . The second priority is to create a mechanism for providing maintenance and/or funding for elimination of shared service lines . Staff members discussing the problem determined that we were talking about two problems rather than one problem. The first problem existed in those areas where no public sewer was available for individual houses thus leading to the creation of the shared pri- vate service line . The second problem exists where public sewer is available and two or more homes still share a single service line to the public sewer. This clarification of the problem led to a larger list of potential policy solutions . Alternatives Discussed 1 . Require that property owners sign a waiver of City responsibility for any shared private service line before a home is sold. This waiver would include an agreement to enter into a future main- tenance agreement with those sharing the private service line . 2 . Require that a second service line be laid within the trench so that two property owners are no longer on an individual service line . This alternative would only be permitted where public sewer was available and the service lines could be connected to the public line . No second private service line would be permitted where the line had to run parallel to the street in the City ' s boulevard. 3 . Require that all parties on the shared service line sign a maintenance agreement . This would require a procedure not unlike that the City went through with the Patricia ' s Addition sewers underneath the townhouses . Private Sewer Lines Page Two 9 f October 24, 1983 4. Require that the property owners on the shared service line sign a 100% petition for a 429 project and that they waive any assessment appeal . This alternative could be programmed with a 100% assessment or something less than a 100% assess- ment . The problem with this alternative is that the City would have a hard time establishing benefit for the sewer since the properties are already served , and that is why a assessment waiver would be required. 5 . Construct the necessary public sewers with sewer fund revenues and require that individual property owners connect to the new public sewer at their expense . Additional Considerations o The City Engineer warned that some of the public sewers that needed to be constructed were probably of the expensive variety because of Shakopee ' s rock formations . o The Street Superintendent feels that there are a large number of shared private services in the community that no one is yet aware of. He feels that these shared service lines will crop up periodi- cally and that no one presently has the records to identify where they all might exist . Art Young stated that this same problem would exist with water services . o This would require a bureaucratic review process when property is sold . Properties would have to be reviewed to determine whether or not they had shared sewer or water service lines before the City could require that any of the alternatives above be addressed. o Whenever there are a number of property owners on a shared service line and one of those properties is for sale , that property will be faced with addressing one of the alternatives listed above while the other properties will be in a position to sit tight . The Street Superintendent indicated that experience to date clearly shows that the property owner with the problem will get little or no cooperation from other property owners on the shared line . This fact is illustrated in the attached report from Ray Ruuska describing , as one example , the problems with the private sewer line on 6th Avenue . o The Building Inspector felt that we should try to package the program and sell it to those residents without public sewers . He felt that if 100% of the project was assessed we still might obtain support by 50% of the people with the problem. Such a program would be packaged with all contracts let under a master contract similar to the sidewalk program the City conducted in 1983 . o Ray Ruuska cautioned that the requiring of a waiver , if discussed at a general meeting, might wave a red flag in front of the citizens present , and they might take the posture that in fact the City does have some legal liability for allowing the situation to exist . We are having the City Attorney review this potentiality. Private Sewer Lines Page Three October 24, 1983 o The City Engineer warned that a waiver procedure would give us legal protection if recorded ; however , his experience is that even with the waivers the City will be drawn into conflicts between neighbors who have problems with shared service lines . o The Street Superintendent indicated that a number of these shared services are currently providing service to the rear of homes and that this could cause a problem if new public facilities were installed in the street in front of the home . This particular problem will have to be examined on a case by case basis . He also mentioned that we have unique shared private services on Second Avenue that run underneath the railroad tracks that may cause potential problems . o Ray Ruuska mentioned that perhaps this type of program would fit into some grant and the City Engineer followed up with a comment on the need for a demographic break down of the people involved since that might have a bearing on a grant . Summary and Recommendation The staff members involved in the policy discussion feel that this is a very old problem that no one has been willing to address in the past . This problem is becoming worse as the lines deteriorate with age . We felt that a policy which would establish a pro- cedure for correcting the problems over time would be a benefit even if it amounted to "wittling away at the problem" . The problem becomes a real shock to a resident who purchases a home only to find out sometime later that they share a service line which is plugged up by actions of a neighbor and yet they have to bear the cost of repair. On at least one occasion, a property owner in circumstances similar to this discussed suing the City. The staff members present felt that a policy could be established that would address the priorities mentioned above . The policy would require correcting the problem when property is sold by mandating the signing of the waiver for properties that have shared utilities . In addition, staff members feel that a pro- gram that outlined alternatives 1 through 4 could be presented to all property owners with shared services at a public meeting called to address their problem. This duel approach provides the possibility of solving some of the problems up front and provides a policy mechanism for solving all of the problems over a longer period of time . Action Requested Direct the City Attorney to establish a policy in ordinance form that requires the signing of a waiver by property owners selling real estate that has shared service lines . Once adopted , this ordinance and alternatives 2 thru 4 would be discussed at a public meeting held with property owners on shared service lines so that all four alternatives would be clearly outlined and residents could make a choice as to how they would like to solve the problem. JKA/jms r J '1 ►� o MEMO TO: John K. Anderson/City Administrator FROM: LeRoy Houser/Building Official 7%tt'-ilx ai RE: Private Sewer Lines DATE: September 12 , 1983 Introduction : We are having problems with two or more single family residences on private sewer lines . Background : Each year we are confronted with some i rate property owner who has purchased a home and just finds mit that his sewer is blocked through no fault of his own , but caused by his being on a private sewer line with one or more property owners other than himself . If the property owner closest to the r:ain causes a block- age in the line , then we have one or more lines blocked , then we usually end up with a neighborhood dispute which we invariably get involved in. I have attached the areas with this problem existing which engineering has provided . Recommendation : 1 suggest we adopt a policy that when one of these blockages occur , we make them hook up to the City line individually . Alternative : Leave as is . Action Requested : Direct staff to draft a policy requiring individual hook-up to the municipal sewer lines when problems occur in old jointly used private sewer lines . LH:cau Attachment : — NO SANITARY SEWER 9f On 1stv►Z��1 f ,L Between Clay & fierce 3 l " Pierce & Shumway 2., - 2-1,-, ei._ l (�'a% ) I II Shumway & Scott 5 .J:_,rsi _4_, ,IJC,.•J- �' .—e—CIL'' (0?-1U. -) '1 Total 10 On 2nd Between Lewis & Sommerville 1 & ,,.; 1,< 4,r. 3td c' L.—)..al " Fillmore & Main 3 "\ II Market & Minn. ,act,,,„d 1,,,�.,, 4004- 73) 1 `j �r `�r�” l� 1�G Dakota & Prairie 6 _ Naumkeag & Marschall 2 v zc,..� ���� f�' "' L" ` Total TE On 3rd Between Adams & Pierce 4 i�,,: ? u G ,)� /�' �y�`f- — /jet k p " Shumway & Apgar 1 — ,.4 ST2 ez r Apgar & Scott 1 ti Scott & Atwood 1 --- r t Ir " Sommerville & Spencer 2 /rig i/j r G: ,2d Total g .1 On 4th Between Adams & Pierce 2 ,, Shumway & Apgar. I " Apgar & Scott 1 Fuller & Holmes 1 " • Sommerville & Spencer 1. 06v� i, f- i i " Market & Minn. 2cLIA w4 /a: Sr2f< r Total $ On 5th Between Apgar & Scott 1 Total I On Market between 4th & 7th 67r% Total _b On 6th P rc M 4-! �2• z'�2 Between Shumway & Apgar 1 II Apgar & Scott I Neiwea re Aei-rsc o,i e c/s,Uc g_ ?yr Seq ' Holmes & Lewis 3 Si‘saGd L / — Lewis & Sommerville 1 Total O On 7th Between St . Mark & Pierce 1 7th cont Between Shumway & Apgar Atwood & Fuller 2 Holmes & Lewis 2 Lewis & Sommerville 2 • " Sommerville & Spencer 1 Total - On fith Between Lewis & Sommerville 1 Total -J UK'J On Fuller Between 10th & 8th Z2c.;_ L;. �� Tc' ��1/�x ai SA 4t, Svc-, Total 2 On Shakopee Ave . Between Holmes & Lewis l ()R,� � ,- 7c.' C. c� ;s �� L \;�� Total I 4 (th MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: City Clerk Functions Under the Optional Plan "A" Form of Government DATE: October 25 , 1983 Introduction Several months ago the City Council discussed the duties of the City Clerk as outlined under the Optional Plan "A" form of govern- ment , and compared those functions with the functions assigned to the Shakopee City Clerk under Resolution No. 1758 , passed January 6 , 1981 (Resolution attached) . Council noted some discrepancies in the functions and directed City staff to seek an opinion from the Attorney General ' s office as to the approriateness of the split in Clerk functions created by Shakopee Resolution No. 1758 which appointed a Deputy City Clerk responsible for the Clerk' s financial responsibilities under M. S . 412 . 151 . Attorney General ' s Response The Attorney General ' s response , dated September 29 , 1983 , is attached. The response has been reviewed by Rod Krass , who originally drafted Resolution No. 1758 and provided Council with a memo describing how the resolution would split the Clerk' s functions (memo dated December 10 , 1980 attached) . Rod has read the Attorney General ' s opinion and has concluded that the present City Resolution No. 1758 improperly splits the Clerk function as stated in the Attorney General ' s opinion. Alternatives Given the requirement that the City change Resolution No. 1758 appointing a City Clerk and Deputy City Clerk Rod Krass , Judy Cox, Gregg Voxland and I met to discuss possible alternatives on October 21 , 1983 . We came up with the following alternatives : 1 . Require the City Clerk to keep a duplicate set of financial records . We did not believe that this alternative made sense or served any purpose. It clearly would require additional duplicative work by City staff that are already spread thin. 2 . Amend Resolution No. 1758 , appointing the City Administrator Clerk/Administrator . This alternative would be a return to the organizational structure that existed prior to January of 1981 . This alternative would also require the Clerk/Administra- tor to keep a duplicate set of financial records , which has not been done since we became a statutory city in 1975+ . (Other cities have combined the positions Administrator/Clerk/Treasurer and responsibilities are delegated to a Deputy Clerk and a Deputy Treasurer ( Finance Officer) . 3 . Amend Resolution No. 1758 by creating a Clerk/Treasurer ' s posi- tion. Under this alternative the current Finance Director, Gregg Voxland , would carry the title Clerk/Treasurer and have City Clerk Functions Under the Optional Plan "A" Form of Government Page Two October 24, 1983 under him a Deputy Clerk who would focus primarily on non-financial record keeping and elections . 4. Maintain the status quo and ignor the Attorney General ' s opinion dated September 29 , 1983 . This alternative would reflect the practical fact that the current split of Clerk and Deputy Clerk duties works . However, it creates the situation under which Council knowingly has an organizational structure incompatable with the requirements of a statutory optional plan "A" city. 5 . Amend Resolution No. 1758 changing the sequence or procedure in appointing a Deputy Clerk. This could be done so that a clear chain of command and hence responsibility would show that Judy, as City Clerk, receives and approves monthly fin- nancial reports . Judy has a concern about the responsibilities this would place upon her, since she has no experience or train- ing in this area. 6 . Take no action to change Resolution No. 1758 at the present time and direct the City Attorney to prepare a simple statutory amendment to be presented to the Legislature this spring. The purpose of the amendment would be to insert the language that a Clerk in a statutory plan "A" city would be responsible for keeping the books unless Council had formally delegated the financial book keeping to a Treasurer. The rational for this amendment is two fold. First , the way the duties of the Clerk are outlined in the statutes 412 . 151 and the duties of the Treasurer are outlined in the statutes 412 . 141 , it appears that the Treasurer ' s duties were added later and that the statute was not properly amended to reflect that these duties were in fact transferred formally from the City Clerk to the Treasurer. The second rational for this approach would be that a large number of home rule cities , which have more freedom • in organizing their internal operating structure , have created separate Clerk and Treasurer functions and operated successfully in that fashion. We have reviewed many of the cities listed in the Stanton Survey with Clerk-Administrator or Clerk positions that are statutory optional Plan "A" cities and we have found that four of them are operating as is Shakopee , that is , the Clerk does not keep separate books . They too would benefit from and have indicated that they would support such a statutory amendment if proposed . Discussion of Responsibilities and Accountability One way to begin to analyze the above alternatives is to ask where responsibility and authority might logically lay. It is clear that under alternative No. 2 the Administrator may know very little about the specifics of running elections , managing official City records and double entry journal accounting along with the myriad of other financial skills required of the City Treasurer today. Alternative No. 3 poses a similar problem. Clearly a Finance Director carrying the title of Clerk/Treasurer for a city of this size would he a person specializing in Finance . For this reason that individual would have little day-to-day knowledge of the non-finance clerk functions of record keeping and elections . Finally, under alterna- tive No. 1 and No. 5 the present City Clerk, Judy, would be required City Clerk Functions Under the Optional Plan "A" Form of Government Page Three October 24, 1983 to exercise responsibility for financial records , and she has already stated that she would not be comfortable with that responsibility. If you view all three of these potential alternatives together, it can be seen that in each case some one individual would have to assume authority over, and responsibility for some functions for which he/she has no training or experience . Additional , it would be difficult for anyone of the three individuals to actually per- form all the duties so there is clearly a necessity for delegating some of the functions if the positions are combined. The above discussion leads to a consideration of Alternative No. 6 . While the initial reaction to Alternative No. 6 might be that the City is trying to justify decisions made in 1981 , reflecting on the responsibilities and duties of the three positions does lead to the legitimate consideration of Alternative No. 6 . The two most specific reasons for considering Alternative No. 6 are listed under that alternative and the first one is addressed in detail in the attached memo from Rod Krass . Recommendation The four City staff members participating in the discussion of the above alternatives have come to the conclusion that Alternative No. 6 is the preferred alternative . It would not only solve our problem locally, it would create flexibility in the statute for other statutory optional plan "A" communities . Action Requested Direct the appropriate City staff to draft legislation to be introduced by our State Senator Bob Schmitz , who is chairman of the local and urban affairs committee during the 1984 Legislative Session that would amend statutes 412 . 15 by allowing City Councils in plan "A" cities the option of delegating all financial record keeping responsibilities to a duly appointed City Treasurer under 412 . 141 . JKA/ jms RESOLUTION N0 . 1758 - YA RESOLUTION APPOINTING A CITY CLERK AND A DEPUTY CITY CLERK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA , that ,)ud i t h S . Cox he and hereby is appointed City Clerk of the Ci i y I,1 Sh:iltopee . ISE I'1' FURTHER RESOLVED. : hat Gregg Vox l and he and hereby is appointed Deputy ( i t v t:i erk and shall have : he responsibility for fulfilling the Clerk ' s financial responsibilities under Minnesota Statutes 412 . 151 . Adopted in Regular session of the City Council of the City Ol Shakopee , . li unc:,ot a Its 111 I hi :. 6th tI;iv n) January . 1 9 31 . Mayor of theCi Ly cf. Shakopee AlT ;S'r : -city t erk • Ap provedto form this day of9244) l. .� L, , , he Z7 1 Attorney _`- — --- - • i . KRASS, MEYER & KANNING• Chartered Shakopee Professional pudding itKirip R,br 1221 Fourth Avenue East Barr K. Meyer Shakopee, Minnesota 55379 Philip T. Kenning (512)445-5080 MEMORANDUM TO: Mayor and' City Council of Shakopee FROM: Phillip R. Krass DATE: December 10, 1980 SUBJECT: Duties of City Clerk Dear Mayor and Members of the Council : ° 1 ' 1' I have been requested to do some research on a particular statutory duty of a city clerk in relationship to council consideration of dividing the duties of city clerk and city administrator. More specifically, certain duties establisher; in Minnesota Statutes 412. 151 !which state: "(The clerk) shall keep . . . an account book in which he shall enter all money transactions of the city including the dates and amounts of all receipts and the person from whom the money was received and all orders drawn upon the treasurer with their payee and object. " The concern expressed to me was whether or not the statutory clerk was t required to keep a set of books in addition to those kept by the treasurer. ,� ' ! Right now, as we have an administrator-clerk in Shakopee, and since the treasurer answers to the administrator-clerk, it can be argued that this statutory ,-duty is being fulfilled. If, however, we divide those functions and make someone other than the administrator clerk, then the treasurer is no longer working for the clerk and this statutory duty becomes a problem. I think there is , however, a very simple answer. I am recommending that you make the treasurer a deputy clerk so that legally the clerk will be fulfilling ) this statutory requirement by having a deputy clerk (our treasurer) handle the ' finances. In theory, this will place the treasurer under the clerk while functionally, I would expect the treasurer to be responsible to the administrator. I think it would be in order if you create a separate clerk's position and c adopt a resolution appointing Judy city clerk, and have the same resolution appoints Greg as deputy city clerk and indicate that he has the responsibility for fulfilling the clerk's financial responsibilities under the above-enumerated statute. That will make it perfectly clear that you do not expect Judy to keep a set of books ;i9;4 • • Mayor and City Council1 Page 2 December 10, 1980 separate from Greg's. While this may seem cumbersome, I think it may well be the best method of handling this difficulty. Yours very truly, KRASS, MEYER & KANNING CHARTERED Phillip R. Krass PRK:ph cc Mr. John K. Anderson Ms. Judy Cox • Action Required : Offer Resolution No . 1758 , A Resolution Appointing A City Clerk and a Deputy City Clerk, and move its adoption . . • ;. • f '1 ! l'F r. i i I' `�� of imik„ 7yar4'7. r#2 fq r STATE OF MINNESOTA O.A `Q�e �a r O OFFICE OF THE .trr)�)cN):i' C.):Ne:)c.�i. lNiV :AI)I)I0 SS RI PL\10. I U_'C:API"I OL 111 1LDI'(i ST. PAUL .i::�l:�:, S .P:�I L.11\55155 HUBERT H. NUA4PHREY, III II LI PIlONI 1612)X97-3647 ATTORNEY c;EhPxnl. September 29 , 1983 Julius A. Coller City Attorney City of Shakopee 129 E. First Ave . Shakopee , MN 55379-1376 Dear Mr . Coller : This is in reply to your letter concerning the positions of clerk and deputy clerk in the City of Shakopee , a statutory city operating under the optional plan "A" form of government. You enclose a copy of a resolution adopted by the city council in 1981 appointing Judith Cox to the position of clerk and Gregg Voxland to the position of deputy clerk with "the responsibility for fulfilling the Clerk ' s financial responsibilities under Minnesota Statutes 412el51 . " Your question, in substance , is whether all financial responsibilities of the clerk under section 412 . 151 may properly be delegated to the deputy clerk under a plan whereby the clerk retains no real oversight with respect thereto. In my opinion, your question should be answered in the negative . A clerk appointed by the council under optional plan "A" has all the duties imposed upon the clerk in cities generally, except the duty to serve on the council . Minn. Stat. § 412 . 591 subd . 1 ( 1982 ) The financial responsibilities of the clerk under section 412 . 151 , supra, are to act as "bookkeeper of the city" and to keep "an account book in which he shall enter all money transactions of the city including the dates and amounts of all receipts and the person from whom the money was received and all orders drawn upon the treasurer with their payee and object. " With respect to the appointment of a deputy clerk , the statute provides : With the consent of the council , he [the clerk] may appoint a deputy for whose acts he shall be responsible and whom he may remove at pleasure. In case of the clerk ' s absence from the city or disability, the council may appoint a deputy clerk, if there is none , to serve during such absence or disability. The deputy may discharge any of the duties of the clerk, except that he shall not be a member of the council . While the above statute provides for the appointment of a deputy clerk who may "discharge any of the duties of the clerk" , it does not, in my view, purport to authorize a delegation to such AN EQUAL OPPORTUNITY EMPLOYER MR. COLLER '` PAGE 2 SEPTEMBER 29 , 1983 deputy of the ultimate responsibility for the performance of such duties . On the contrary, an opposite intent is manifested by the provision authorizing the clerk, with council consent, to appoint a deputy "for whose acts he shall be responsible . . . . " Consistent with this intent , this office , in Op. Atty. Gen. 218-R May 8 , 1963 , ruled that a village council lacked authority to hire an accountant and delegate to him the bookkeeping duties imposed upon the clerk by this statute . The opinion noted , however , that a deputy appointed by the clerk , with council consent, could perform bookkeeping services under the direction and supervision of the clerk. It follows , therefore , that the 1981 council resolution, supra, is ineffective insofar as it may be viewed as delegating to the deputy clerk the ultimate responsibility for the performance of the clerk ' s financial or other duties under the statute . The person appointed to the position of clerk should be deemed to have ultimate responsibility for the performance of the duties of that position.1/ Very truly yours, r rd.1,„ �. MICHAEL .. . 'GA AGHER Special Assis ant J Attorney Gene al MRG :dml 1/ There is , of course , no authority for eliminating the position of clerk although the positions of clerk and treasurer can be combined as provided by Minn. Stat. § 412 . 591 subd . 2 ( 1982 ) . John Anderson Page 2 October 24 , 1983 My suspicion is simply that the clerk ' s office, including the financial functions, was created first, and when the treasurer ' s position was created by the legislature, this apparent duplication was not addressed. At any rate , it seems reasonable to address it, and I would think that with an explanation of what is occurring in a city such as Shakopee,the legislature would have no difficulty resolving the duplication by de- leting the clerk ' s obligation to duplicate the treasurer ' s duties . I would further recommend that we contact other cities whom we believe may be in the same situation, and contact the League of Cities to see how they would react to such a proposed amendment. This information can then be presented to the City Council , which can decide whether or not they wish to make such a request of the legislature. Thank you. PRK:pk cc : Judy S . Cox Gary Voxland NOTE: Peggy Flicker of the League said that their legislative committees will soon be meeting and that she would he happy to put it on the government structures committee agenda . She did think that the matter is worthwhile discussing. Memo To: John K. Anderson, City Administrator From: Gregg Voxland, Finance Director Re: Work Comp Insurance Date: October 28, 1983 Introduction & Background Workmen's Compensation insurance is up for renewal 12/31/83 . There have been a number of changes in the Work Comp law and the insurance industry seems to be in that part of a cycle where companies are looking for more business. In other words, there are reports of companies offering new policies with much larger up front discounts than was previously the case. The League of Cities program, of which we are a member, is considering changing the up front discount from 18% to perhaps 20%. The bottom line however, is what the discount and the dividend add up to. The League program is considering a 25% dividend in addition to the 18% discount for 1983. The League program is based on costs and is not "for profit" and therefore, also independent of industry cycles . It has been greatly responsible for bringing down municipal Work Comp costs in this state. The program is healthy and growing, however, if enough cities dropped out to where the program folded, the reinsurance industry would not support reforming it a later time. 1983 is our second year in the program. Therefore, the immediate choice is to stay with and support the League program which is based on costs, or to get quotations from the League and private carriers . Again, the final cost is not determined until the policy year is over and dividends declared. Alternatives 1 . Stay with League program exclusively. 2. Solicit quotations . Recommendation Staff recommends staying with the League program one more year and then go out for quotes. This would make 3 years with the program and give the changes in the law a chance to settle out. We have been basically going with 3 year cycles on our insurance. Action Requested Move to renew Workmen's Compensation Insurance with the League of Minnesota Cities for 1984. GV:mmr I d v 00 O O O N O O r O O NJ O O O O O CO CO 00 CO CO CO O O O PI ✓ r r r r CT r r U� r r 61 r r r r r r• r r r r r r r r DJ 0 HI n Ln kg) w w w N w U, w w w N N N N w w 'O \O 10 10 \O 'O w w r O La N --..Iv N r w r VO w 'O r H. r r N w N N N w N N VO w O 9 cT' CT N 00 r 0 0 r 0 00 000000 w v v " O r r 0 0 n @ r1 O O w w r r r r r r r w .� A .� O O O O O O r r w H 0 0 NJ Ui r VO U, NJ 10 U, U, 10 r r N H. r 0 0 0 0 0 0 r r r r 0 0 V r r �I r r r r r v r r r r r 0 0 0 0 0 0 r r r 1/40 0 0 .L"-- w w r r r r r r r w .L-1/4, .A .g... 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Cox, City Clerk RE: Appointments to Shakopee Community Access Corporation, Inc. DATE: October 28 , 1983 Introduction The Articles of Incorporation and By-Laws of the Shakopee Community Access Corporation, Inc . have been approved for filing by the City Attorney. ( City Council approved them, subject to the City Attor- ney' s approval , at an earlier meeting. ) It is recommended that Council authorize advertising for applica- tions to serve on the Board of Directors , so that nominations and appointments can be made in January. The Articles of Incorporation provide for a minimum of seven Directors . Action Requested Authorize staff to advertise for applications to serve on the Board of Directors of the Shakopee Community Access Corporation, Inc . , applications to be accepted until November 30 , 1983 . JAC/jms QJ MEMO TO: John K. Anderson/City Administrator (243(-4).J2 ��` FROM: Jeanne Andre/Acting City Planner RE : Markmary Plat - Resolution of Approval DATE : October 27 , 1983 Attached is the resolution confirming the approval of the Markmary Plat as requested by the City Council at their last meeting. Requested Action: Adopt Resolution No. 2178 , A Resolution Approving the Plat of Markmary Cemetery. JA: cau • a RESOLUTION NO . 2178 A Resolution Approving The Plat Of Mnrkmary Cemetery WHEREAS , the Planning Commission of the City of Shakopee did approve the Plat of Markmary Cemetery on October. 6 , 1983 and has recommenced its approval and adoption to the City Council of the City of Shakopee , Minnesota ; and WHEREAS, all legal requirements have been met for the approval and execution of said Markmary Cemetery Plat under Cemetery Law MSA Section 306 . 03 and 307 . 01 ; and WHEREAS , the City Council has been fully advised in all things . NOW, THEREFORE, BE IT RESOLVED BY TILE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the Plat of Markmary Cemetery , described as follows : That part of the Northwest Quarter and that part of the Northwest Quarter of the Southwest Quarter of Section 12 , Township 115 , Range 23 , described as follows : Commencing at the Southwest corner of the Northwest Quarter of Section 12 , Township 115 , Range 23 ; thence South 84 degrees 57 minutes 18 seconds East on assumed bearing along South line of said Northwest Quarter , a distance of 843 . 51 feet to the point of beginning of the land to be described ; thence North 00 degrees 23 minutes 44 seconds West a distance of 1491 . 23 feet ; thence North 89 degrees 17 minutes 36 seconds East a distance of 288 . 63 feet ; thence South 83 degrees 32 minutes 03 seconds East a distance of 162 . 37 feet ; thence North 04 degrees 43 minutes 46 seconds West a distance of 80 . 27 feet to the South line of 10th Avenue ; thence North 89 degrees 17 minutes 28 seconds East along the South line of said 10th Avenue , a distance of 88 . 54 feet to the Northwest corner of Lot 1 , Block 4 , Terrence Addition ; thence South 00 degrees 57 minutes 47 seconds East a distance of 190 . 14 feet to the Southwest corner of said Block 4 of Terrence Addition ; thence South 83 degrees 49 minutes 56 seconds East along the South line of said Terrence Addition a distance of 262 . 12 feet to the northerly extension of the westerly line of Block 1 , of Prairie View 1st Addition ; thence South 00 degrees 06 minutes 21 seconds West along said West line of Block 1 and extensions thereof a distance of 832 . 54 feet ; thence North 89 degrees 06 minutes 18 seconds West along the North line of Outlot C of said plat of Prairie View 1st Addition a distance of 286 . 83 feet ; thence South 00 degrees 30 minutes 59 seconds East along the West line of said Outlot C , a distance of 555 . 57 feet ; thence South 00 degrees 01 minute 23 seconds West along the East line of the Northwest Quarter of the Southwest Quarter of said Section 12 , a distance of 596 . 20 feet ; thence South 89 degrees Resolution No. 2178 Page -2- 29 minutes 01 seconds West a distance of 484 . 10 feet ; thence North 00 degrees 01 minute 23 seconds • East parallel to the East line of said Northwest Quarter of the Southwest Quarter of said Section 12 a distance of 643 . 30 feet to the South line of the aforesaid Northwest Quarter of Section 12 ; thence North 84 degrees 57 minutes 18 seconds West along the South line of said Northwest Quarter of Section 12 , a distance of 18 . 05 feet to the point of beginning be , and the same hereby is approved and adopted , confirming Council icti_on of October 18 , 1983 . BE IT FURTHER RESOLVED, that the Mayor and City Administrator be and the same are hereby authorized and directed to execute said approved Plat . Adopted in session of the City Council of the City of Shakopee , Minnesota held this day of 1983 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1983 . City Attorney Memo To: John K. Anderson, City Administrator From: Gregg Voxland, Finance Director Re: Budget Amendments Date: October 27, 1983 Introduction & Background Various requests have come up for amendments to the 1983 Budget . Resolution No. 2180 effects these changes and the items covered are explained below. 1 . Park - $1,230 to cover replacement furnace for Holmes Park which has replaced but through administrative oversight was not specifically included in budget . 2. Council - $1 ,500 for codifiers. Codifiers expense was overlooked when budget requests drafted. 3 . Finance - $1,390 to cover printer which was to have been out of 1982 budget but not received until 1983 and to purchase 2nd modem located at LOGIS. This was authorized in 1982 but price change precluded purchase and item has not been on sale or since discounted. i;odem is $650 to replace rental unit at $45/mo. 4. Fire - $760 to cover cost of authorized hose purchase over budget . 5. ICC - $4,150 to cover additional expenses for ICC pay previously authorized by Council 6 . Police - $5,000 to cover additional overtime expense. 7. Cable - Salaries - $1 ,670, PERA - $90, FICA - $110, Health & Life - $85. To cover increased staff time charged to cable 8. Revenue - Miscellaneous to reflect large dividends on Worker's Compensation Insurance for 1981 and 1982 9. Revenue - Aggregate Tax to reflect income not budgeted for from new tax. 10. Plumbing Permits to reflect higher collections than budgeted. 11. Park Reserve - To amend budget for JEJ acquistion budgeted in 1982 but accomplished in 1983. 12. Capital Equipment - To reflect higher cost of previously authorized hose purchase. CV:mmr Resolution No . 2180 A RESOLUTION AMENDING RESOLUTION No. 2063 ADOPTING THE 1983 BUDGET WHEREAS, the Shakopee City Council did pass Resolution No. 2063 adopting the 1983 Budget on October 5, 1982, and WHEREAS, subsequent events and circumstances make it desirable to amend said budget, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the 1983 budget is hereby amended as follows: GENERAL FUND Expenditures Increase Park - Bldg. Maintenance $ 1 ,230 Clerk - Professional Services 1,500 Finance - Capital 1 ,390 Fire - Capital 760 ICC - Professional Services 4,150 Police - Overtime 5,000 Cable - Personal Services 1 ,955 15,985 Revenue Miscellaneous 11,200 Aggregate Tax 2,185 Plumbing Permits 2,600 15,985 PARK RESERVE FUND Expenditures JEJ Acquistion $109,200 Revenue State Grant $51 ,575 CAPITAL EQUIPMENT REVOLVING FUND Expenditures Transfers to General Fund $760 Adopted in session of City Council of the City of Shakopee, Minnesota, held this day of , 1983 . Mayor of the City of Shakopee Memo To: John K. Anderson, City Administrator From: Gregg Voxland, Finance Director Re: 1984 Budget Date: October 27, 1983 Attached is Resolution No. 2179 which adopts the 1984 Budget (enclosed) . Shown are the budget amounts for each fund and the various changes to the preliminary budget have been incorporated. CV:mmr RESOLUTION NO. 2179 A RESOLUTION ADOPTING THE 1984 BUDGET BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the following estimated revenue and appropriation amounts are adopted for the annual budget for 1984: Estimated Revenue Appropriation General Fund - (Personnel, Supplies & Capital Outlays) Mayor and Council $ $ 50,000 Administration 59,684 City Clerk 49,935 Assessor 14,400 Finance 110,125 Legal 40,540 Planning 43,662 Government Buildings 45,195 Ind./Commercial Commission 800 Cable Communications 10,677 Police 733 ,570 Fire 272,451 Inspection 76 ,727 Civil Defense 2,525 Animal Control 4,550 Engineering 167,022 Street 570,828 Shop 55,670 Storm Sewer 6,500 Weed 500 Pool 42,738 Park 166,138 Forestry 23,618 Garbage 145,200 Unallocated 167 ,773 Total General Fund 2, 768,828 2,860,828 Revenue Sharing 114,000 359,500 Park Reserve 127,000 140,000 Capital Equipment 58,000 8,100 Debt Service Public Service Building 116,470 98,490 Highrise Tax Increment 59,000 28,740 G.O. Judgment 54,717 62,090 Capital Improvement 509,034 -0- Downtown Tax Increment 230,000 230,000 C.R. 83 Signals 70,000 70,000 First Avenue Right Turn Lane 235,000 235,000 101 Service Road 380,150 380,150 Fourth Avenue Filmore to Scott 250,000 250,000 Sewer Fund 808,000 753,275 8th Avenue Spencer to Prairie 186,000 186,000 Spencer 3rd to 4th 18,000 18,000 P.I.R. 0 467,534 1967 Improvement 48,970 255 1972 Improvement 23,000 7,910 1973 Improvement 4,000 162,588 1973-B Improvement 4,000 76,314 1974 Improvement 193,582 9,030 1975 Improvement 4,900 3,210 /6 Res. #2179 Cont . 1976 Improvement 49,000 19,250 1977A Improvement 8,900 2,483 1977B Improvement 114,980 30,280 1977C improvement 75,172 20,325 1979A Improvement 14,000 8,495 1980A Improvement 190,000 152,613 Other Improvements 0 0 1981A Improvement 115,000 75,375 1982A improvement 18,000 17 ,650 1983A Improvement 1 ,363,000 2,248,000 Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1983. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1983 City Attorney r—V41 'is MEMO TO: John K . Anderson , City Administrator FROM : H. R. Spurrier , City Engineer RE : Timber Trails Storm Sewer Lateral Assessments • DATE: November 1 , 1983 introduction When the assessment roll for the above improvement was prepared , staff erroneously assessed 100% of the cost , not taking into account the City ' s assessment policy where the City pays one-half of the cost of storm sewer lateral assessments in residential areas . The attached resolution amends the original resolution assessing only 50% of the storm sewer costs for Timber Trails . Action Requested 1 ) Offer Resolution No. 2181 , A Resolution Amending Resolution No. 2164 , A Resolution Adopting Assessments For Public Improvement Program No. 1982-5 improvement of Block 2 , Timber Trails by Storm Sewer Lateral , and move its adoption. 2 ) The City ' s share of assessments for the 1.982-5 Timber Trails Storm Sewer Lateral shall be paid out of the General Fund . [IRS/jms // RESOLUTION NO. 2181 A RESOLUTION AMENDING RESOLUTION NO. 2164, A RESOLUTION ADOPTING ASSESSMENTS FOR PUBLIC IMPROVEMENT PROGRAM NO. 1982-5 IMPROVEMENT OF BLOCK 2 , TIMBER TRAILS BY STORM SEWER LATERAL WHEREAS , it is the policy of the City of Shakopee to pay one- half of the cost of storm sewer lateral assessments in residential areas ; and WHEREAS , the feasibility report for the Timber Trails Storm Sewer Lateral proposed to assess only one--half of the project cost to the residents ; and WHEREAS , Resolution No. 2164 , Adopting Assessments for the 1982-5 Timber Trails Storm Sewer Lateral , assessed 100% of the project cost to the abutting and benefiting properties . NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL I1. OF THE CITY OF SHAKOPEE , MINNESOTA: 1 . That . Resolution No. 2164 is hereby amended by adopting new assessments , a copy of which is attached hereto and made a part hereof, which shall constitute the special assessments against the lands named herein and each tract therein included is hereby found to be benefited by the proposed improvements in the amount of the assessments levied against it . 2 . All other parts of Resolution No . 2164 shall remain in force and effect . Adopted in session of the City Council of the City of Shakopee, Minnesota Field this of 1983 . -_-____-_ --- Mayor of the City of Shakopee ATTEST : City Clerk Approved as to form this _ day of , 1583 . City Attorney s , .. - /f 7114 I X If 0- ,-J• :r 4, Cc) v, to (! r y (../) ,_ n O a) W n Co NW o- � � O" ' ` 0' ? Nr• �; ? L', GL Q C O a) VD rt �•. O v � R' cg O i .1/4%"-- O -0 B O W O (T7 O r-, (D O 1-. !R! O C ti ivran a rte, 11 % C� Cr � to o (D `--' c 3 d 0" 3 (n ami G rn. r O0 0 (D z r7 z rt 0 ,' u' v, �- 0 h rt C (D Z r A v �. <..) 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(3., 0 •' — • 4, N) ,-- -(J-, O �� • 4 v W N -4 \ N !--' L-- W N Q N W Co "..1 �D (a', o\-) !V m r r- W .« D co O) '.O .A hJ .A -t' Li i I W O G ��• z i'4•a 4 '$`'v9M:;44#414.4.#44« 1CP!$Ax l . •.•/..“. ;s.#' i•1 ' ,tc''° +.o..441 ,4;.`k 4 , 1,:t.,,.,1/41• 44prsp y,„mo•Mo, `4 :.`,+ ., rott ,,.a;>7q .k, 1 November 1 , 1983 7J L TIMBER TRAILS ASSESSMENT RECOMPUTATION Per the Feasibility Report , the City pays 50 percent of project cost for existing development . Total project cost $5 , 455 . 29 Area 259 , 432 Sq . Ft . Assessed Cost 0 . 50 (Project Cost) 0 . 50 ($5 , 455 . 29) = $2 , 727 . 65 Assessment Rate Assessed Cost _ $2 , 727 . 65 Area 259 , 432 $0 . 010514 per square foot Assessments Property Area Property Owner Description Sq. Ft. Assessment City of Shakopee Park 74 , 806 $ 786 . 51 Thomas Bechel Lot 1 23 , 059 242 . 44 Shakopee Investments , Inc . Lot 2 23 , 589 248 . 01. Lot 3 24 , 056 252 . 92 Lot 6 29 , 924 314 . 62 Lot 7 30 , 125 316 . 73 Vladimir Sokolov Lot 4 23 , 444 246 . 49 Michael Gaeb Lot 5 30 ,429 319 . 93 TOTAL 259 , 432 $2 , 727 . 65 . . U P> L TIMBER TRAILS EXPENDITURES limo u n t Date Check No. Vendor Labor Materials Equipment Total 8/82 J-52 City Eng. $ 567 .50 $ $ $ 567.50 12/82 J-82 City Eng. 39.00 39.00 12/82 J-82 City Eng. 171.00 171.00 12/82 J-8? City Eng. 65.00 66.00 12/82 J-82 City Eng. 519.00 519.00 12/82 349525 SLburoiifl 138.00 138.00 12/82 349821 Lundgren 420.00 420.00 12/82 J-90 City Eng. 30C.0U 308.00 12/82 11502 SPUC 130. 50 130. 50 2/8? 40525 Suburban 55.00 55.00 12/82 J-104 City Eng. 614.00 614.00 12/82 3-98 rub. Works 536. 32 784.00 1 ,320.32 6/83 J-42 City Eng. 328.25 323.25 Estimated Time City Eng. 403.00 403.00 $3,875.57 $1 ,204.00 $5,079.57 Capitalized Interest 321.71 Subtotal ::,,401 .28 Administrative Fee ( 1 percent) 54.01 GRAND TOTAL $5,455.29 1 I/ Law Offices of KRASS, MEYER, KANNING & WALSTEN lmr Chartered Suite 300 Marschall Road Business Center Phillip R. Krass Paralegals 327 South Marschall Road Barry K. Meyer Susan M.Brown P.O. Box 216 Philip T. Kanning Barbara J.Hedstrom Shakopee, Minnesota 55379 Trevor R. Walsten (612) 445-5080 MEMORANDUM TO: Honorable Mayor and City Council of the City of Shakopee FROM: Phillip R. Krass DATE: November 1, 1983 RE: K-Mart Tax Increment District As you may know, the developers of the Shakopee race- track site have approached City staff about the possibility of the City establishing a tax increment district and contributing to some offsite or onsite improvements, including roadway con- struction, signalization, and possibly some other utilities . There are several significant problems relative to the creation of such a district . First of all , a portion of the proposed racetrack site, and a portion of the roadway upon which the developers wish us to assist them (County Road 83) are presently in the K-Mart tax increment district. Additional problems include the requirement that any new tax increment district make a fiscal disparities contribution, the legal constraints on expanding the present redevelopment project, the change in the tax increment law since the K-Mart project was established, and the increased increment which will be created in the K-Mart district as the result of racetrack facilities if the racetrack project proceeds . In reviewing these matters, John Anderson and I con- cluded that what the City Council needs to make an intelligent decision is a thorough analysis of the fiscal and legal constraints and potentials of the K-Mart tax increment district . We therefore met on Monday, October 31, with James Casserly of the law firm of O'Connor and Hannon, which did the analysis of our downtown redevelopment project and tax increment district. In giving Mr. Casserly the information we had and reviewing it with him, it quickly became apparent that there is significant potential for use of the K-Mart increment to assist a new project . The advantage, obviously, is that the K-Mart district makes no fiscal disparities contribution, and any new district would be obligated to make a 31 percent fiscal disparities contribution. Moreover, 2 it appears there may be some potential of combining our downtown and K-Mart redevelopment project areas and utilizing any excess increment from K-Mart to assist development in the downtown area . It is important to note that this potential exists whether or not the racetrack project proceeds. Consequently, John and I believe that it would be in the City ' s best interest to explore these potentials, both as they relate to the City' s possible involvement in the racetrack project, as well as the potential we have to assist downtown development, whether or not the racetrack project proceeds . RECOMMENDATION: John and I are recommending that the City retain the firm of O'Connor and Hannon to do a fiscal and legal analysis of the potential of integrating and utilizing the K-Mart tax increment district with the downtown redevelopment project, and possibly with a racetrack development, at a cost not to exceed $5 ,000 . 00 , to be paid from the K-Mart tax increment district fund. REQUESTED ACTION: Motion to authorize staff to retain O 'Connor and Hannon for such analysis .