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HomeMy WebLinkAbout01/17/1984 MEMO TO : Mayor and City Council FROM: John K. Anderson, City Administrator RE : Non-agenda Informational Items DATE : January 13 , 1984 1 . The City has received official notice from the Met Council that our request for an extension on the December 31 , 1983 deadline for the creation of a Water Management Organization (WMO) has been approved. The extension is for the period ending June 30 , 1984. 2. 1 have talked to Bob Pulsher of Springsted and Tom Hay of the Dorsey firm. Bob had no problem with our decision because it does not significantly impact them. He also agreed that they did not need to review the IDB applications as they had in the past . Finally, he still said they would be willing to give us a second financial opinion on the financing plan for various bond issues and tax increment projects that we develop with the assistance of O' Connor and Hannan. I have followed up my conversation to Tom Hay with an official letter so that there will be correspondence noting the ter- mination of their services . 3. At the last City Council meeting Councilmembers requested information regarding the resigning the intersection of Lewis and Fourth Avenue . The attached information from Dan Jobe noted the reason behind the signing and I have checked with Bo and he agrees with the County' s findings and rec- commendation. If Councilmembers still have questions they can contact me . 4. Attached is a mail-o-gram from W. M. Ellinghaus , President of AT&T regarding congressional action threatening the deregulation of the telephone industry. I have a call in to the League of Cities to determine whether or not we should do anything with this letter. If they believe we should, I will bring it up at the Council meeting Tuesday night . Otherwise , we will not deal with this issue unless a Councilmember feels it is appropriate . 5. Attached is a response from Senator Dave Durenberger to our letter regarding regarding the restricted. use of indus- trial development bonds proposed by the Congress . 6. Attached is a copy of a letter from Rod Krass to Jerome Jaspers . The letter_ provides an update on the legal status of all Shakopee court cases . Thankfully the list is smaller than it has been during the past two years . Non-agenda Informational Items Page Two January 13 , 1984 7. Attached is a list of Council liaison appointments for your notebook. 8. Attached is the Calendar for the Planning Commission and Board of Adjustment and Appeals meetings for 1984. 9. Attached is the Agenda for the January 19th, 1984 Energy and Transportation meeting. 10 . Attached is the Agenda for the January 18th, 1984 Ad Hoc Downtown Committee meeting. 11 . Attached is the Building Activity Report for the period ending December 31 , 1983. Note that we did approximately 2 . 2 million dollars more in building in 1983 than in 1982 , and that we more than doubled the number of single-family home permits . 12 . Attached are the minutes of the December 27 , 1983 Ad Hoc Downtown Committee meeting. 13 . Attached are the minutes of the December 15 , 1983 Energy & Transportation Committee meeting. 14. Attached are the minutes of the December 19 , 1983 Shakopee Cable Communications Advisory Commission meeting. 15 . Attached are the minutes of the Shakopee Public Utility Commission for December 5 , 1983 . 16 . Attached is a notice of the annual meeting of the Scott County Housing and Redevelopment Authority. If you are interested in attending, please let Jeanne Andre know by early next week. 17 . Kevin Schafer' s request for an Off-Sale Liquor License , Minnesota Valley Mall, was tabled in December and since the application is not in order it will not come back to Council . Apparently the sale is off . 18 . As of 1/1/84 the City implemented Council ' s directive of last summer _0 carry the same amount of term life insurance for all City eiployees . The amount is set: a} X20,000.00. 19 . I spoke with Mr . Claude Sinnen regarding the now two month old Senior Citizens ' complaint about his parking a vehicle and trailer for long periods on Fuller Street . Mr . Sinnen said that he ' s now storing it with a farmer and would not be parking it there again next year . Non-agenda Informational Items Page Three January 13, 1984 20. Attached is a memorandum from Gregg Voxland, Finance Director, regarding Handicapped Requirements for Federal Sharing. 21. Attached is Scott County Resolution No. 84007; Endorsing the Shakopee Racetrack site. 22 . Revenue Expenditure Report for the month of December 1983 . JKA/ldd M CITY OF SHAKOPEE INCORPORATED 1870 129 E. First Ave. - Shakopee, Minnesota 55379.1376 (612) 445-3650 .fs January 12 , 1984 Tom Hay Dorsey, Winhorst , Hannaford, Witney and Halladay 2300 First National Bank Building Minneapolis , Minnesota 55402 Re : Bond Consultant Services Dear Mr. Hay: The purpose of this letter is to inform you that the Shakopee City Council , at its January 3, 1984 meeting, made the determina- tion to change their bond counsel from your firm to O' Connor and Hannan for future industrial development bond, general obligation bond and tax increment bond projects . As you perhaps know, Shakopee has used several different bond consulting firms during the past three years for various different municipal projects . In an effort to limit our dealings with bond firms to simplify City bonding procedures , Council decided that it was time to select one firm to do the bulk of Shakopee ' s work. After consi- derable discussion Council decided to provide O' Connor and Hannan with the bulk of Shakopee ' s bond counsel work. City Council was fully aware of the Dorsey firm' s long rela- tionship with the City of Shakopee and their decision does not reflect any specific dissatisfaction with the Dorsey firm. Shakopee has aggressively moved into the area of tax increment financing and found that we were very pleased with the services provided by O' Connor and Hannan, who were competitively selected for our downtown tax increment project . It was our growing relationship that grew out of our focus on this downtown project that played a key role in Council ' s final decision. If you have any questions regarding City Council ' s decision please do not hesitate to contact me. Sincerely, IIU J hn K. Anderson i,"City Administrator JKA/ldd cc : Bob Pulsher, Springsted Julius Coller, City Attorney Rod Kras ,l Asst City Atyorpey V a ` !I r c c (I r o otress An Equal Opportunity Employer n SCOTT COUNTY HIGHWAY DEPARTMENT COURT HOUSE A106 RECEIVED SHAKOPEE, MN. 55379.1396 (612}445-7750,Ext.346 J " ' tr 9 i;EGD /9i4l_ Highway Engineer: E. W. PRENEVOST C!fy P},; SHAKOPEE January 6 , 1984 Bo Spurrier, City Engineer City of. Shakopee 129 East First Avenue Shakopee, Minnesota 55379 Re: CSAH 16 - Lewis Street Stop Signs. Dear Sir: I received a call from John Anderson today requesting information on the reasons for the change in traffic control at Fourth Avenue (SCAH 16) and Lewis Street Enclosed is the background information supplied to the County Board. You will note the last statement which relates to the discussions we had concerning this change previous to September 14, 1983 . The functional classification should be explained to John, pointing out that Holmes Street is the north-south through street and is one block away while Fourth Avenue is the east- west through street. I think you agree with me on the change from a Yield sign to a Stop sign. The general public doesn't respond to a Yield sign while the Stop sign is recognized and commands more respect from drivers . I.f you have any questions or would like any further information, please contact me. Sincerely, "J-fl Daniel M. obe Assistant Highway Engineer DMJ/sal An Equal Opportunity Employer REQUEST FOR BOARD ACTION agenda I ,wddate: September 14, 1983 originatingdepenment: r: Not Flexible Highway ITEM: presenter: E. W. Prenevost Authorize Stop Sign on CSAH 16 (Fourth Avenue) estimatgdtime: at Lewis Street 2 minutes BOARD ACTION REQUESTED: Pass resolution authorizing stop sign on CSAH 16 at Lewis Street. BACKGROUND: The existing traffic control at this intersection is a Yield condition with east/west traffic on CSAR 16 (Fourth Avenue) yielding to traffic on Lewis Street. Recently there have been some accidents and near accidents at this intersection. Due to the concern for the safety of this intersection by some residents in the immediate vacinity they requested this office to study and consider changes in the traffic control The City' s and County 's functional classification of these streets is that CSAH 16 (Fourth Avenue) is a collector and Lewis Street is a local street. Therefore the resolution as presented will improve the safety of this intersection and promote the use of these streets to serve the function intended. The City Engineer concurs with this change. supporting documents: One attached none .igriature/date: 9/14/83 distribution/date: recommended for Consent Agenc. y8s X no Administrator's comments: . fir• , � L signatureldat IfX �T Nf instructions: 7 g approved as requested distribu Bland denied Action tabled other C 1,2 i AT&T CONSUMER ALERT P.O. BOX 37059 WASHINGTON , D.C. 20013 8336304897612 004654D DISK �•► ELDON REINKE :. CITY HALL '"� SHAKOPEE MN 55379 +• JAS, CITY 01= y�(t y _Y _ DEAR MR REINKE: I AM WRITING YOU BECAUSE YOU ARE INFLUENTIAL IN YOUR COMMUNITY. YOUR OPINION AND YOUR LEADERSHIP COUNT WHEN IMPORTANT ISSUES ARE DECIDED. THE TELEPHONE SYSTEM IN OUR COUNTRY IS UNDERGOING FUNDAMENTAL CHANGE. REAL COMPETITION IS SUPPLANTING MONOPOLY. THIS IS WHAT THE AMERICAN CONSUMER WANTS. REGRETTABLY, WHAT OTHERWISE WOULD BE AN ORDERLY TRANSITION IS NOW BECOMING A POLITICAL FOOTBALL IN WASHINGTON . THE OUTCOME COULD BE TRAGIC. THE WORLD' S BEST TELEPHONE SYSTEM COULD BE WRECKED IN THE PROCESS. WHAT' S HAPPENING IS THAT CERTAIN MEMBERS OF CONGRESS DON ' T WANT _ PEAL COMPETITION . INSTEAD, THEY WANT TO DICTATE -- BY LAW -- AN UNWORKABLE AND UNSUSTAINABLE MISHMASH OF EXPENSIVE, UNNECESSARY SUBSIDIES. IRONICALLY, THEY CALL THIS LAW A CONSUMER PROTECTION ACT. WHAT THIS LAW WILL BE -- IF ENACTED -- IS A CONSUMER DISASTER. IF CONGRESS ENDS UP ENACTING A LAW THAT LOOKS ANYTHING LIKE HR 4102, ALREADY PASSED BY THE HOUSE OF REPRESENTATIVES, THAT' S EXACTLY WHAT WILL HAPPEN . AN IMMEDIATE 10% DECREASE IN AT&T' S LONG-DISTANCE RATES WILL BE OUT THE WINDOW. _ DECREASES BY AS MUCH AS 40% OVER THE NEXT SIX YEARS, AS _ ESTIMATED BY THE FCC, WILL BE HIGHLY UNLIKELY. UNIVERSAL PHONE SERVICE AS WE KNOW IT IN AMERICA MAY NOT SURVIVE. THIS LATTER POINT TAKES A BIT OF EXPLAINING. THE LOGIC IS OBVIOUS WHEN YOU STOP TO THINK ABOUT IT. _ WHAT' S AT STAKE HERE IS THAT THE REALLY BIG USERS OF TELE- COMMUNICATIONS SERVICES WILL TAKE STEPS TO AVOID PAYING THOSE _ EXTRA MILLIONS OF DOLLARS IN SUBSIDIES. IT' S EASY TO DO IF YOU ' RE A BIG ENOUGH USER. IT' S CALLED "BYPASS." YOU JUST BUILD OR LEASE YOUR OWN PRIVATE SYSTEM. LOTS OF LARGE COMPANIES AND GOVERNMENT AGENCIES DO IT NOW. OTHERS WILL QUICKLY FOLLOW THEIR I r� b - 8336304897622 004654D (CONT) PAGE: 0002 LEAD IF THE EFFECT OF A NEW FEDERAL LAW LOCKS IN ARTIFICIALLY HIGH LONG-DISTANCE RATES. THE REST OF US WILL BE STUCK WITH PAYING ALL THE COSTS -- PLUS THE SUBSIDIES -- FOR THE PRESENT TELEPHONE SYSTEM. WHAT IS SO DISMAYING TO ME IS THAT NONE OF THIS NEEDS TO HAPPEN. IF CONGRESS JUST LEAVES WELL ENOUGH ALONE, WE WILL HAVE LOWER PRICES AND A COMPETITIVE MARKETPLACE. EVERYONE, EVERYWHERE, CAN COUNT ON ACCESS TO A STATE-OF-THE-ART UNIVERSAL PHONE SYSTEM WHETHER THEY USE IT A LITTLE OR A LOT. THE COMING OF COMPETITION TO THE TELEPHONE SYSTEM DID NOT HAPPEN OVERNIGHT AND THERE HAS BEEN PLENTY OF TIME TO STUDY AND PLAN FOR IT. MORE THAN 10 YEARS AGO THE FEDERAL COMMUNICATIONS COMMISSION BEGAN INTRODUCING POLICIES AND GUIDELINES TO ENCOURAGE COMPETITION . NEARLY TWO YEARS AGO, A FEDERAL COURT BEGAN REVIEWING A PLAN TO BREAK UP THE BELL SYSTEM. LAST YEAR, AFTER EXPERT REVIEW AND ON THE BASIS OF PUBLIC HEARINGS WHICH BEGAN IN 1978, THE FCC ANNOUNCED A SIX-YEAR-PLAN DESIGNED TO GRADUALLY MOVE AMERICA' S TELEPHONE INDUSTRY FROM A GOVERNMENT-REGULATED MONOPOLY TO THE FREE MARKET. HISTORICALLY, LOCAL TELEPHONE RATES WERE KEPT LOW BECAUSE LONG- DISTANCE REVENUES WERE USED TO SUBSIDIZE LOCAL COSTS. NEARLY 40 CENTS OF EVERY LONG-DISTANCE DOLLAR WAS PLOWED BACK TO LOCAL COMPANIES TO COVER COSTS. IT WORKED WELL WITH A REGULATED MONOPOLY, BUT IT WILL NOT WORK IN THE FREE MARKET. 4 AT THIS JUNCTURE IT IS SHAMEFUL THAT SOME MEMBERS OF CONGRESS STILL WANT TO PLAY POLITICS WITH SOMETHING AS IMPORTANT AS OUR TELEPHONE SYSTEM. OUR PHONE SYSTEM WASN 'T BUILT BY THE GOVERNMENT. OUR .� PHONE SYSTEM WASN 'T PAID FOR BY THE GOVERNMENT. IT DOESN 'T NEED TO BE FIXED BY THE GOVERNMENT NOW. 4 PROBABLY THIS MONTH, THE SENATE WILL BE CONSIDERING ITS VERSION ( S. 1660) OF THE LEGISLATION ALREADY PASSED BY THE HOUSE. THE .r OUTCOME MAY BE A VERY BAD LAW. I HAVE WRITTEN TO YOU BECAUSE, AS A PROMINENT MEMBER OF YOUR COMMUNITY, I BELIEVE YOU SHOULD KNOW THESE FACTS. I HOPE YOU WILL AGREE THAT NOW IS THE TIME TO LET COMPETITION GO FORWARD AS PLANNED. . .THAT NOW IS NOT THE TIME TO LET POLITICS UNDERMINE THE FUTURE OF AMERICA' S TELEPHONE SYSTEM. COULD YOU TAKE A MOMENT TO WRITE YOUR SENATORS AND TELL THEM WHAT YOU THINK. THERE IS A GREAT DEAL AT STAKE HERE, AND YOUR SUPPORT IS VITAL. SINCERELY YOURS, W.M. ELLINGHAUS PRESIDENT, AT&T DAVE DURENBE.RGER MINNESOTA WASHINGTON, D.C. 20510 December 21 , :983 ; :john K. Anderson Z City Administrator City of Shakopee CITY OF SHAKOPEE 129 East First Avenue Shakopee , Minnesota 55379 Dear John : Tank you for contactin[, my office to share your concerns about proposals to restrict the use of industrial development bonds ( IDBs) . At the end of the first session of this Congress, the House of Representatives had before it a tax bill that would place several new restrictions on IDBS . The most significant of these was the cap on the total amount of tax-exempt bonds that could be issued by all governments within any one state each year . I oppose the House provision as too tight a limitation. . It would cut Minnesota ' s use of private purpose IDBs by one-half ., would force semi-public and truly private purpose bonds to compete under the cap and would leave local governments only that amount of "room" under the cap that state agencies did not preempt . Although I opposed the House bill as structured , I am not unconcerned about the very large amount of tax-exempt financing that is being dedicated to private purposes . It has come to the point that private purpose tax-exempt bonds exceed in volume both public purpose tax exempts and private purpose taxable bonds . The revenue loss to the Treasury is great and the pressure on interest rates for the general obligation issues of local governments is apparent. Neither the House nor the Senate took action on tax legislation before the session closed, but it looks like we will return to the issue early in 1984 . Any thoughts you might have on reforming the IDB process without unduly affecting the legitimate use of tax exempt bonds would be appreciated. I hope I can once again count on your help. Again , it ' s good to hear from you. Si erely, Da - Durenberger United States Senator DD/jrp 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.Brown P.0- Box 216 Philip T. Kanning Barbara J.Hedstrom Shakopee, Minnesota 55379 Trevor R. Walsten (612)445-5080 January 5, 1984 Mr. Jerome Jaspers JEROME JASPERS & COMPANY JAN 206 Scott Street ®� Shakopee, MN 55379Ci OF WiJkK Re : City of Shakopee - Audit as of December 31 , 1983 Dear Mr . Jaspers: Please be advised our office represents the City of Shakopee on certain matters, although as you are aware, Mr . Julius Coller is city attorney and represents the City on several matters also . "Also, please be aware that with respect to certain matters and claims for which the City is insured, the law firm retained by the City ' s insurer may be handling matters of which I have no know- ledge . The City is involved in several areas of litigation which include a lawsuit against the manufacturer of a fire truck purchased by the City for reimbursement of an amount of approximately $8 , 000 the City has expended in an attempt to rectify claimed manufacturer ' s defects . Should the City prevail, we would be reimbursed up to the amount of that expenditure . Parrott Construction Company is suing the City of Shakopee claiming a variety of areas in which the City owes it money, with a total of approximately $15, 000 . Although we are representing the City in the defense of this claim, the amount of dispute is covered by insurance, and should we not prevail, insurance would cover any judgment against us, save the first $1 ,000 . The City is involved in a lawsuit with William Chard, claim- ing certain amounts due the City by Mr. Chard, and Mr . Chard has counter-claimed, insisting that the City assess fees for late con- struction against William Knutson, Inc . , the corporation which con- structed certain public utilities in Eastview 1st Addition, Mr . Chard ' s subdivision. The claims are unliquidated, but I expect the City to prevail. l i 1 t Mr . Jerome Jaspers Page 2 January S, 1984 The City is instituting a claim against Hardrives, Inc. , a corporation which has supplied certain materials for the surfacing or resurfacing of public streets and roadways within the City of Shakopee . The City contends that the materials utilized were not of a quality contractually agreed to and is demanding resurfacing or compensation. Should the City fail in its efforts, there will be no direct financial repercussions. Wangerin, Inc . , has commenced a lawsuit against the City and certain other parties contending that approximately $200 ,000 is owed it as a result of its earth-moving efforts as part of the construction of the Kmart Regional Distribution Center . The claim is that the City' s contractor authorized the additional work. I believe the City will prevail in this action, but should judgment be taken against it , the amounts due will be paid from the Kmart Tax Increment District, and not from the City' s general fund. I am unaware of any other litigation, claims, judgments, liens, agreements, disputes, or contracts,breached or defaulted, in my capacity as assistant city attorney which may effect the assets , liability or capital of the City of Shakopee . Thank you for your consideration. Very truly yours , KRASS, MEYER, KANNING & WALSTEN CHARTERED Phillip R. Krass PRK:pk cc : John Andersonf/ 1984 COUNCIL LIAISON APPOINTMENTS *Shakopee Community Services Cncl . Leroux *Public Utilities Commission Cncl . Wampach *Planning Commission Cncl . Vierling Shakopee Coalition Cncl . Leroux i *Hazardous Water & Sewer Services Board. Cncl . Colligan -Vice Mayor Cncl . Leroux *Energy & Transportation Committee Cncl . Colligan *Purchasing Committee Cncl . Leroux and Cncl . Vierling Downtown Committee (Member) Cncl . Wampach *Appointments made on January 3 , 1984 PLANNING COMMISSION and BOARD OF ADJUSTMENT AND APPEALS SCHEDULED MEETINGS FOR 1984 (Regular Sessions) Application Deadline Application Discussion Items Regular Deadline Variances , and Agendas To Scheduled Plats & Rezonings Conditional Use Permits Be Delivered Meeting, Date December 15th December 22nd December 30th January 5th January 19th January 26th February 3rd February 9th February 16th February 23rd March 2nd March 8th March 15th March 22nd March 30th April 5th April 19th April 26th May 4th May 10th May 17th May 24th June 1st June 7th June 21st June 28th July 6th July 12th July 19th July 26th August 3rd August 9th August 16th August 23rd August 31st September 6th September 13th September 20th September 28th October 4th October 18th October 25th November 2nd November 8th November 15th November 21st November 30th December 6th REVISED PER PLANNING COMMISSION ACTION OF JANUARY 5 , 1984 . y rY ¢C° is TENTATIVE AGENDA Energy and Transportation Committee Shakopee, Minnesota January 19, 1984 Chrmn . Anderson presiding 1 . Roll Call at 7 :30 P.M. 2 . Approval of Meeting Minutes from December 15 , 1983 . 3 . Review of Budget Line Items as part of the Metropolitan Transit Service Demonstrations Program Application . 4 . Report on Legislative Task Force Presentation . 5 . Discussion of Tentative Review Schedule for Opt-Out . 6 . Committee Membership a) Resignations b) Recommendation of New Members 7 . Other Business 8 . Adjournment F Judi Simac City Planner CITY OF SHAKOPEE F }Y t TENTATIVE AGENDA Ad Hoc Downtown Committee City Hall Council Chambers January 18, 1984 Chrmn . Laurent presiding 1 . Call to Order at 7 :30 A.M. 2 . Approval of December 27 , 1983 Meeting Minutes 3 . Committee Membership a) Resignation of Gene Pearson b) Recommendation of New Members 4 . K-Mart Tax Increment Financing Developments a) Presentation of Information b) Recommendation to City Council of Possible Uses for Funds for Downtown Projects 5. Design Alternative B-1 Revised a) Council Action b) Presentation to Shakopee Public Utility Commission 6 . Public Hearing on Street Closings - Recommendation to City Council 7 . Discussion of Implementation Phase of Consultants Contract - Dick Krier 8. Scope of Services for Implementation Design Services 9. Other Business 10. Adjournment Jeanne Andre Community Development Director CITY OF SHAKOPEE CITY of SHAKOPEE lilt 1 1,I) I NG ACT I V_I TY December, 1983 PERMITS TSSUED Yr. to Date `1'otaI Previous Year Number Number Vdluation Number Valuation 6178 - 6183 MO . YTD. Single Fam.-Sewered 1 42 2 ,454 ,877 - 17 981 ,670 Single Fam. -Septic - 12 986 ,960 - 5 344, 500 Multiple Dwellings - 13 1 , 151 ,000 1 14 1 ,213 ,640 (Mo.Units) (YTD Units) - ( 32 ) (4 ) ( 38 ) Dwelling Additions - 65 717 ,630 7 70 518 ,895 Other - 3 19645 ,850 - 5 124,280 Business District - 13 151283000 - 9 1 , 793 ,825 Agricultural - - - - - - Industrial -Sewered 1 3 495 , 736 - 3 440,000 Industrial -Septic - - - - - - Accessory/Garages - 44 250 ,850 2 40 257 ,456 Signs & Fences 1 42 745891 1 42 52 ,866 Fi i'ep.l ace;>/Wood Stove - 16 33 ,475 - 14 17 ,555 - 13 1.511006 - 8 69 , 165 Remodeling (Res. ) 2 26 1141921 1 33 137 ,500 N('niodt,I i ng ( I ns L . ) - 1 1003000 - 1 - Remodeling (Other) 120 273 ,228 2 22 1 ,427 ,538 TOTAL TAXABLE 6 331 93478 ,424 17 305 7 , 378 ,890 TOTAL TNSTTTUTTCNAI, - 1 1003000 - 1 - GRAND TOTAL, 6 332 9 ,578 ,424 17 306 7 , 378 ,890 11-10 . YTD. Mo . YTD . Variances 1. 15 2 20 Conditional Use - 14 1 19 Re-Zoning - - - 1 Moving - - - 2 Electric Permits 27 210 18 177 Plmbg. & Htg. Permits 16 225 21 197 Razing Permits Residential _ - - - Commercial 1'o Lal dwt`1 1 ing unit:: in City after• complcLion of all construction permitted to date. . . . . . . . . . . . . . . . . . . . . . . . .3 ,663 Cora Underwood Bldg. Dept . Secretary ! r i CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN DECEMBER, 1983 6178 Nordqiust Sign 1135 E. 1st Ave . Sign $ 2,500 6179 Bill Sherrill 228 E. 3rd Ave. Alt . 500 6180 Amcon 670 Industrial Cir. Alt . 15 ,000 6181 Joe Link 1006 Naumkeag Alt . 3, 700 6182 Laurent Builders 124 Harrison House 68,000 6183 Preneer Systems 8000 E. Hwy 101 A dn. 179,736 $269 ,436 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL / AND OFFICIAL PROCEEDINGS OF THE AD HOC DOWNTOWN COMMITTEE ADJ. REG. SESSION SHAKOPEE, MINNESOTA DECEMBER 27, 1983 Mayor Reinke called the joint meeting with the Ad Hoc Downtown Committee to order at 7:05 p.m. with Cncl. Wampach, Colligan, Leroux and Vierling present. Cncl. Lebens was absent. The Downtown Committee members present were Dan Steil, Jim Stillman, Joe Topic, Don Martin, Bill Wermerskirchen, Jr. , Jerry Wampach, Steve Clay, Gary Laurent and Planning Commission liaison Lee Stoltzman. Members Link, Pearson, Klinger, Christensen and Sortum were absent. Also present were John K. Anderson, City Admr. ; Judith S. Cox, City Clerk; Jeanne Andre, Community Development Director and H. R. Spurrier, City Engineer. Council invited the Downtown Committee to the table to make its presentation of selected design alternatives for the downtown area. Chrm. Steil called the meeting to order. Clay/Laurent moved to approve the minutes of December 14, 1983 as kept. Motion carried unanimously. Marti n/Wermers}rirchen moved to approve the minutes of 1ecember 20, 1983 as kept. Motion carried unanimously. Chrm. Steil gave background information on the formation of the Ad Hoc Downtown Committee, its charge and the progress it has made in the last couple of years. He said they have formulated a design criteria, and under the approval of the City Council, hired the consulting firm of Westwood Planning and Engineering Co. He said the consultant did marketing studies, interviewed downtown businesses, did economic analysis and traffic studies. He thought the biggest surprise was that something could be done with First Avenue. The traffic consultant just asked the Committee what they wanted done with downtown, and said he would move the traffic around it. Chrm. Steil said the Committee initially discussed three different alternative concept plans, and they would now like to present Alternative B-1 Revised, which they feel is the best plan. He pointed out the various features on the concept plan, and discussed the various cores of activity outlined. This plan features a small by-pass, about three blocks long, with free turn lanes for smooth traffic flow through the city. This plan ties in multiple family housing and institutions with the downtown retail core. He stressed that this is not a final plan, but only a concept plan at this time. He pointed out this plan creates a compact retail core which will try to take care of the vacancies and open lots, and keep a finan- cial package together. Once this Flan is accepted, the next step will be imple- mentation. Chrm. Steil asked for comments from the Industrial/Commercial Commission, Planning Commission and City Council. Jake Manahan, of the ICC, asked if the Committee has done all of the looking, study and analysis that it needs to, and are they saying this plan is the best they have seen. Chrm. Steil answered in the affirmative. Official proceedings December 27, 1983 of City Council & Downtown committee Page -2- John Schmitt, Planning Commission Chairman, asked about the designation of multi- family housing, as far as its location so close to the railroad tracks or other major sound generating features. He said these features were major barriers at the time the Senior Highrise was constructed. Consultant Dick Krier replied that the way the rules are interpreted has changed somewhat. He said that an Environmental Impact Analysis would look at the noise coming from the tracks. However, he thought that the number and speed of the trains through Shakopee would not create insurmountable barriers because of engi- neering buffering possibilities. He said they do have a 150 foot setback if toxic substances are carried on the tracks, but noise isn't much of a problem. He said the area is large enough to allow flexibility in design. The City Admr. asked if there had been any discussion or comments heard about the configuration of the street closings and how it might affect St. Mark's church. He thought anyone coming to the church from the southeast would have to go one block further. Bill Wermerskirchen said a lot of members come in through the alley to get to the parking lot, so it wouldn't make much difference. John Schmitt asked for the perception of the City Engineer as to how this plan fits into the overall street collector system the City is working on. The City Engineer responded that the consultants have caused him to re-think some of his prejudices and predispositions, and have pointed out some of the significant problems the City will have in moving traffic from 10th Avenue to First Avenue, without making most of the residents angry. He said as far as the streets in the core area, they are more than compatible with some of the goals he has. He pointed out that this plan brings back angle parking to some of the streets. He said there will, no doubt, be discussions in the future on the relative merits of snow removal and accident dangers vs. efficient parking. He said this plan uses geometries to slow down the traffic, which he thinks is excellent. lie said when the Committee said it wanted First Avenue, they are making the traffic work around it. He added that MinnDOT has reacted favorably. Jake Manahan asked how realistic was the creation of the by-pass. Chrm. Steil replied that the realistic part has not been established. That is the goal of the implementation phase. But he said MinnDOT has expressed a willingness to come and talk to the Committee about it. The City Admr. added that City staff has met with Bill Crawford, of MinnDOT District 5, and it appears the additional lane on the bridge is feasible, and he talked about what level of local participation would be required to make this work in the shorter term, which is from 40 to 60`70. lie also mentioned those elements the City can -work on to make it all come to fruition sooner, such as doing additional additional plans and land acquisition, so that Minn DOT can go ahead and do separate portions of the protect when time and funding allow. The city has been able to identify some sources of revenue that may be available to help Cet this accomplished. Cncl. Leroux asked if there had been any attempts to identify costs of land ac- quisition and relocation. The City Admr. replied that the City has a very rough estimate of land acquisition costs of One Million Dollars, based on the limited market value for the assessment process, but that will be addressed further in the implementation phase. The Comm. Develop. Dir. said the City has found that the project can be broken down into separate segments of bridge, turning lane and relocation of Hwy. 101. Official Proceedings December 27, 19$3 of City Council & Downtown Committee Page -3- John Schmitt asked if there had been any study about which buildings in the core area can be rennovated and rich might be demolished. Chrm. Steil answered that has riot yet been done. Dick Krier said the Committee is at the concept level only, identifying the strong elements of housing, retail and institutional cores. At the implementation phase threshhold analysis will be done, identifying costs, land uses, taxes, etc. Jake Manahan said that it seems every 10-15 years the City puts together some plans for redevelopment, and it goes no further. He said he is looking for some assurances that this appears to be realistic, or workable over a period of 10-15 years. Chrm. Steil responded that he feels the assurance has already been made by the City Council by recommending and hiring the consultant. Iie thinks the consultant has added a level of reality to the idea. He feels that this is the point where, upon approval of the City Council, steps will be taken to implement the plan. Dick Krier explained Phase III, the implementation with the consultant. He said the City needs a framework to implement the plan, so they will be providing re- finements to the plan for operations, land uses, traffic and parking, urban design standards and public improvements. Once the framework is in place, specific action plans will be developed with criteria to start judging proposals, both private and public improvement strategies. The Community Develop. Dir. said the City has already been approached about possible development opportunites, such as a clinic near the hospital. The Housing/Alliance has been looking at the possibility of multiple-family housing for elderly, and there have been some other interests in housing. The Jaycees are looking for office space for their State headquarters. The Merchant's Hotel. has a new owner, and there is a possibility of a block grant for its revitalization. She said these possibilities should be kept in the back of everyone's minds, as they think of how these projects could fit into this downtown scheme. Chrm. Steil said the Downtown Committee has determined that this plan can best meet the objectives of this community, to make the community more economically strong and viable. The Comm. Develop. Dir. said the Committee would like votes in support of this plan from the Planning Commission, Industrial/Commercial Com- mission and City Council. John Schmitt said lie is strongly in favor of this plan, which he thinks is well ahead of anything the City has had in the past. He would like to suggest staff take whatever steps are necessary to get this plan into Phase III. Cncl. Colligan asked how dependent the plan is on MinnDOT's approval of the by-pass. Consensus was that all avenues would be pursued to get approval, but the rest of the plan is still viable even without the by-pass. Paul Wermerskirchen said the ICC has discussed this plan and some of the members are present now, and he polled the members after the plan was received, and they are formally in support of this project, and want to proceed with the implementa- tion of it. Mayor Reinke said there seems to be good comments from everyone, and he would like to see the support of the Commissions be formally recommended to City Council, so positive action can be taken through normal steps. Official Proceedings of the December 27, 1983 City Council & Downtown Committee Page -4- Cncl. Wampach asked if MinnDCT widens the bridge and makes the by-pass, will that relieve the traffic enough so that pressure is taken off the full by-pass south of the City. Dick Krier replied that he did not think this would have a major effect on the south by-pass. He said the full by-pass is so far in the future and so expensive, that MinnDOT is generally in favor of anything that doesn't impede traffic movement. Wermerskirchen/Clay moved to adjourn. Motion carried unanimously. Meeting adjourned at 8:15 p.m. City Council re-convened at 8:27 p.m. Colligan/Leroux offered Resolution No. 2202, A Resolution Calling A Public Hear- ing On a Project Under The Minnesota Municipal Industrial Development Act - Race- track, and moved its adoption. The City Admr. summarized the resolution. The City Admr. said them seemed to be a discrepancy between the resolution and the applicant's letter as to whether the application is for $80 million or $9.0 million in IDBs. The City Admr. pointed out that the City 's current policy for minimum application fee, plus a percentage of the IDB, could put this application fee at $446,000. He said he felt the application fee is to cover the City's expenses in reviewing the application, and this fee would be excessive. He suggested the City review its policy for very large applications. He also suggested the City accept a Letter of Credit for $5,000 in lieu of the application fee, until a policy has been determined. Discussion followed about the fee schedule, with a possible decreasing step and a ceiling. Bruce Malkerson, representing the applicant, said their investment banker suggested $80 million would be all they would need, but if the flexibility was possible, they should apply for $90 million. He said the resolution states $90 million, a;,d the notice which has already been given to the paper to be published for the public hearing, states the application is for $80 million. Discussion followed. The representative from the paper telephoned to see if the notice could still be changed, and confirmed that it could be changed to $90 million. Leroux/Vierling moved to amend the resolution notice to state the application is for $90 million. Motion to amend carried unanimously. Roll Call on Resolution No. 2202 as amended: Ayes; Unan�mous Noes; None Motion carried. Colli gan/Leroux moved to direct staff to go over the general status of the total amount of IRBs, and to accept $2,000 interim fee from the applicants for the race- track, and not require a letter of credit. Motion carried unanimously. The City Admr. went over a couple of informational items. Leroux/Vierling moved to adjourn. Motion carried unanimously. Meeting adjourned at 9:00 p.m. Judith S. 'Cox Diane S. Beuch City Clerk Recording Secretary PROCEEDINGS OF THE ENERGY AND TRANSPORTATION COMMITTEE REGULAR SESSION SHAKOPEE, MINNESOTA DECEMBER 15, 1983 Chrm. Anderson called the meeting to order at 7:45 p.m. with members Dunwell, Ziegler, Schwingler present. Absent were members Sorenson and Toppin. Also present were Judi Simac, City Planner; Jeanne Andre, Community Development Director and Cncl. Colligan. Schwingler/Ziegler moved to approve the minutes of October 20, 1983 as kept. Motion carried unanimously. The Comm. Develop. Dir. said that member Toppin has submitted his resignation to City Council. Chrm. Anderson said his term is up at the end of the year, and he has asked not to be re-appointed, because of his commitment to the Cable Communications Ad- visory Commission. The Comm. Develop. Dir. suggested recruiting members. Discussion ensued on the Opt Out proposal to be submitted to MnDOT. Chrm. Anderson questioned the weekly subscription fare, as he thought the monthly fare would be a better deal. Consensus of the members was that they would not buy a monthly fare, because if they didn't ride a few times, they would lose any benefit. Weekly fare is more flexible and would sell better. Further discussion followed. The Comm. Develop. Dir. said the City doesn't have to be locked into weekly or monthly fares right now, for this initial proposal. The Comm. Develop. Dir. pointed out the language under Organization that speci- fies that City Council will be responsible for policy and decision-making, based upon recommendations of this committee. All committee members were agreeable to that statement. The Comm. Develop. Dir. also pointed out that although the proposal says that bids will be let for various provisions, the City might provide storage for the vans or fuel through the City. The Comm. Develop. Dir. said she is not sure how much coordination is needed for the van pool, and if that will be contracted or provided in-house. Mr. Ziegler asked about maintenance on the vans. The Comm. Develop. Dir. said that would be the responsibility of the driver. She said there is a whole con- tract for drivers, specifying all the requirements and benefits. She added there could be better flexibility if Van Pool Services contracts, rather than leasing the vehicles. She said there are a lot of options for specifying bid letting, and Mr. Olson of MnDOT will help when the City is to that point. She added she is not sure how long the contract term would be. She is not sure if MnDOT allows the City to contract for more than one year Chuck Dimler, Representative, asked to address the Committee. He said he is on the Joint Legislative Task Force for Metro Transit. One of their goals is to look at the structure of the present transportation systems of MnDOT, County and local governments, and Met Council. He said they haven't had much local input, and they are ready to listen to some local information. He would like to talk with someone from this Committee who is willing to make a presentation to this Task Force. He knows some of the questions that have been asked, and could suggest topics to be addressed. fY L`11L1"�jJ' al u Ua December 15, 1983 I Wage 2 Rep. Dimler said he anticipates this Commission he is on will be making recom- mendations for financial and structural changes in those agencies that adminis- ter transit services. He further discussed structural problems they are inves- tigating. He said they are exploring separating planning and programing from transit operations. Another option being recommended is to have MTC serve only Mpls./St. Paul core areas, so the Metro Transit Authority would not have authority over the outer sub-regions. Rep. Dimler asked about the City's time limit. Chrm. Anderson responded we would like to get the application in before the Legislature convenes. Rep. Dimler gave some background regarding the financial implications of various proposed changes. He also discussed the idea of having the MTC provide service to the center of the subregions, and having local service meet there. Chrm. Anderson said that the two buses that serve Shakopee are generally enough. He didn't think there would be many more people interested in riding the bus downtown. But he said Shakopee seems to get the older buses that need repair and aren't very comfortable. Ms. Schwingler said the fare is fine, but it is the cost to the City to subsi- dize the bus, compared to the service it is getting, that is so unfair. Rep. Dimler asked how many ride the bus, and was answered about 50 persons per day. He asked what the members thought about transferring. Consensus is people don't like how much time that adds to the trip. Chrm. Anderson said the City figures it is getting about $30,000 worth of service for $254,000 that it is required to pay. Rep. Dimler pointed out the assessment really ends up being higher than you think because it is taken on non-homestead value. He said his commission will be looking at that funding method, also. Chrm. Anderson said the City has nothing to lose by trying this Opt Out proposal. The Comm. Develop. Director said Rep. Dimler has tentatively set January 4, 1984 at 9:00 a.m. for a presentation by Shakopee before the Task Force. She invited anyone interested to appear at that time. She will send out a notice when it is confirmed. Brief information was given to Rep. Dimler regarding the Dial-A-Ride service included in the proposal. He suggested informing the Task Force about the City's needs and extended services, and not to dwell on Opt Out advantages, which they have already heard about. Rep. Dimler left the meeting at 9:10 p.m. The Comm. Develop. Dir. went over the numbers in the proposed budget, and pointed out areas which she had changed after discussions with Ray Olson of MnDOT. She said Mr. Olson has the responsibility of negotiating contracts for transit ser- vices all over the state, and so is very knowledgable about anticipated costs. Therefore, when he recommended they increase the budget in certain areas, she followed his advice. She said that even after the proposal is finally submitted, MnDOT can make suggestions and directives for changes. She said we want to be sure to ask for enough so the City doesn't have to come back and ask for more, or more subsidy. She thinks possibly the insurance is too high, but there might not be enough in the administration of Dial-A-Ride, so it might work out alright. She pointed out the budget is still well within the amount of tax available. d1111 t.d 1.1V11 December 15, 1983 Page 3 Ziegler/Schwingler moved to approve and recommend to City Council the December 12, 1983 draft of the budget with the minor changes made tonight, along with the narrative of the proposed Opt Out program. Motion carried unanimously. The Comm. Develop. Director said the Chaska group that is working on an Opt Out program has asked if Shakopee would be interested in working up some kind of a joint system, where each City would have its own circulating bus and meet at the "Y" to transfer. She said it would deed a lot of discussion. Consensus was to continue to keep this option open, while still moving ahead with the filing of our application. Ms. Schwingler .leaves at 9:35 P.M. The Comm. Develop. Dir. said that Chanhassen and Eden Prairie are also consider- ing Opt Out possibilities. Dunwell/Ziegler moved to adjourn. Motion carried unanimously. Meeting adjourned at 9:40 p.m. Judi Simac City Planner 1y PROCEEDINGS OF THE SHAKOPEE CABLE COMMUNICATIONS ADVISORY COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA DECEMBER 19, 1983 Chrm. Anderson called the meeting to order at 7:35 p.m. with Comm. Harrison, A beln and Davis present. Comm. Williams arrived later. Also present were Judith S. Cox, City Clerk; Jeanne Andre, Community Development Director and Jim Abbott, Zylstra-United (ZU) manager. Discussion ensued regarding the imposition of penalties on ZU for failure to provide equipment to the public. The invoices were checked to determine when specific lock boxes were ordered by customers and when ZU ordered them. Dis- cussion centered on how much was out of ZU's control as far as delivery dates. Comm. Harrison said that when three different kinds of lock boxes are necessary it would be very expensive for ZU to stock a lot of them. Mr. Abbott said that when this project was knd, no one realized it would take three different kinds of lock boxes to deal with the addressable system. Harrison/A beln moved to recommend to City Council that no penalty be imposed on ZU for non-delivery of equipment, because lock boxes were ordered and shipped prior to November 8, with consideration given to needing three separate types of lock boxes, depending on the service ordered, and the expense of stocking lock boxes without knowing, prior to customer's orders, which type of lock boxes are necessary. Motion carried unanimously. Discussion was held relative to the character generators. Comm. Harrison said that none of the character generators were in use, so he didn't think it was right to penalize ZU for not delivering them sooner. The City Clerk said that at the meeting on the 30th of November consensus was that ZU was to notify the institutions by letter of the availability of the character generators. She said letters were.received by the institutions on November 14, which is 5 days after the deadline, so a penalty could be imposed for those 5 days. The consensus had been that the character generators did not have to be delivered by November 8, but notification should have been received by the institutions that the character generators were available. Discussion followed. Mr. Abbott said that none of the institutions are ready to use the character generators, although several of them were aware of what they were getting. He doesn't think there is any harm done by not writing the letter by the deadline. Comm. Williams arrived and took her seat at 8:00 p.m. Davis/Anderson moved to recommend to City Council no penalty be imposed on ZU for non-delivery of character generators. Motion carried unanimously. Comm. Williams said that regarding the minutes of November 30, 1983, she arrived at 7:50, not 8:50 p.m. Harri son/A beln moved to approve the minutes of November 30, 1983 as kept, with the amendment of the time of Comm. Williams' arrival as 7:50 p.m. , instead of 8:50 p.m. Motion carried unanimously. Shakopee Cable Communications Advisory December 19, 1983 Page 2 The City Clerk explained that the City Attorney's opinion is that the cable ordinance is silent on the completion date for the interconnect, but that the City has a right to establish a reasonable completion date. Mr. Abbott said he has been informed by his contractor that the interconnect would be complete by Saturday, December 17. He said it was not complete on Friday, but his staff has not been able to check the system since then because of the power outage. His position with the contractor is that November 8 was his deadline. He feels if the contractor thinks there is more time, he will not push to complete the interconnect. Discussion followed regarding a reason- able date for completion. Mr. Abbott said there is nothing to use the inter- connect for until FCC approval. Harrison/Abeln moved to recommend to City Council to set January 16, 1984 as the deadline for completion of the interconnect with Chaska, in light of the fact that the interconnect supposedly is complete as of December 19, 1983, to allow time for error and checking out the system. Motion carried unanimously. Discussion ensued regarding restoration by ZU in the public right-o€-way. Mr. Abbott said he is not even sure ZU has any restoration to be done. He said part of the reason they don't do much restoration in the fall is because the ground so often falls after the spring rains, and they don't want to do more work in the spring. The Comm. Develop. Dir. said the restoration consists of resodding or seeding in public right-of-way. She said there have been some complaints of the sod dying because of the tunneling for the cable installations underground. There was also a complaint about the road heaving at Boiling Springs Road, so in the spring it will settle some. Mr. Abbott said they don't displace the dirt when they tunnel, but drive-ways can cave in or hump up. Abeln/Harrison moved to recommend to City Council to allow three weeks to com- plete restoration by ZU before resuming penalty for restoration in public right- of-ways, with the City Engineer determining the date to start restoration. Motion carried unanimously. Jeff Manthey, of RJ Computers, said he would like to make a proposal to the Com- mission that the contract between the City and ZU be modified to allow the pur- chase for the community computer center of a Franklin computer instead of an Apple as specified. He said the Franklin is Apple compatible, and he would like the opportunity to bid on or provide this computer. He passed out a Consumers Report and Buyers Guide magazine rating the Franklin. He said he would have full maintenance in his store right here in Shakopee. He is proposing a full one-year warranty on the hardware and training of the library staff on both the hardware and software. Discussion followed on the original intent of specifying the Apple computer. Comm. Davis said that proposal was made over two years ago, and the Apple was name brand recognition and compatible with the school system. Discussion followed on the company strength of the Franklin and if it will be in business in the future. Mr. Manthey said Franklin is strictly a computer company and has publically owned stock. He said the components are available through other companies, so there should be no problem in maintaining and ser- vicing the machine in the forseeable future. The relative merits of going to a lesser known company vs. local business was discussed further. Shakopee Cable Communications Advisory December 19, 1983 Page 3 Mr. Abbott said to think about the chances of the Franklin company being around in five years. He said he had no objection to purchasing a Franklin computer instead of an Apple, if that is what the City decides. Harrison/Abeln moved to recommend to City Council to encourage the Library Board to re-consider the choice of an Apple computer for the compatible brand of Franklin, to be obtained from a local vendor, subject to concurrance of ZU, with the final decision being made by the Library Board. Motion carried Unani- mously. Comm. Harrison initiated a discussion about regular studio hours. He said he has had some frustrating experiences in trying to get a hold of the studio manager. Mr. Abbott said he would talk with the studio manager and office per- sonnel to try to have them be more informative and responsive to calls. He said the normal hours are 2:00 to 10:00 p.m. , but it depends on what is hap- pening in the community. Chrm. Anderson informed the Commission that Jim Sullivan, a consultant for Path Engineering, is willing to get together with the institutional network sub- committee to talk about making a presentation for a workshop. After the first of the year, there should be more action on that subject. Comm. Davis leaves at 9:23 p.m. The Comm. Develop. Dir. reminded Mr. Abbott that the regular monthly report is due at the City by the 15th of the month. Mr. Abbott left the meeting at 9:25 p.m. The Comm. Develop. Dir. gave some information on the petition for the waiver of franchise fee ceiling, and said she expects some action within a month. The City Clerk mentioned the letters from Bill Frenzel and Dave Durenberger and the National League of Cities Congress of Cities regarding federal cable legis- lation. She also informed them of the letters from the Herbst firm in this regard. Chrm. Anderson initiated discussion about MACTA changing its fee requirements, and whether there was enough money in the budget to have the Commission join it, and if it was advisable. Considerable discussion took place regarding re-thinking the memberships in order to join MALTA . The Comm. Develop. Dir. said there is $300 in the budget for conferences and schools, which is about $60 per person. She suggested each person could just choose whatever they want to go to because of interest or time. She suggested when information is received on a conference, anyone who wants to go should con- tact her, and if there are more than two people, they can decide among themselves which two could go. The City Clerk said the City is accepting applications for the Cable Access Corp. through December 28, and there are potentially 7 interested now. She said there may be a need to have a joint meeting with the Cable Access Corp. to go over expectations. Shakopee Cable Communications Advisory December 19, $83 Page 4 Chrm. Anderson suggested the Commissioners brainstorm about goals and objectives for 1984 until 10:15 p.m. The Comm. Develop. Dir. suggested one of the goals be a joint meeting with the Access Corp. Ideas mentioned are as follows: communi- cation to the public of the existence of this Commission as an intermediate to ZU; encourage ZU to become aligned with the Public Access Corp. and encourage participation; Access Corp. to promote active programing in the community; pro- mote the awareness of the institutional network; the Commission to become more knowledgable about the local, state and national cable regulations; to become more technically knowledgable about cable facilities; have the Commission become a more leadership position by creating subcommittees to delve deeper into various areas affecting cable; encourage ZU to explore new technology and implement in this system; to encrease awareness of studio production and hours in a fashion that is acceptable to the public; regional interconnect possibilities; report form for complaints and clarify authority of staff, Commission and City Council. The Comm. Develop. Dir. said she will list all these concerns and any others she has and bring them back to be prioritized and sent to City Council. She en- couraged anyone to call her with futher ideas they might have. Discussion was held regarding what should be included in the Annual Report. Suggestions made were creation of by-laws and articles of incorporation for the Access Corp. , head-end and studio established, instigation of institutional net- work workshop, establishing a working relationship with ZU. Williams/Harrison moved to adjourn. Motion carried unanimously. Meeting adjourned at 10:30 p.m. Judith S. Cox City Clerk Diane S. Beuch Recording Secretary MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION (Regular Meeting) The Shakopee Public Utilities Commission convened in regular session on December 5, 1983 at 4:30 P.M. in the Utilities meeting room. Commissioner Bishop offered a prayer for divine guidance in the deliberations of the Commission. MEMBERS PRESENT: Commissioners Bishop, Kirchmeier and Cook. Also Superintendent Leaveck, Manager Van Hout, Liaison Wampach and Secretary Menden. BILLS READ: City of Shakopee 20,032.00 American Water Works Association 48.00 Associated Mechanical Contractors, Inc. 13.19 Auto Central Supply 346.58 Battery Tire and Warehouse, Inc. 56.86 Bills Toggery 17.49 Border States Electric Supply Co. 498.00 Bryan Rock Products, Inc. 45.74 C & H Carpenter Lumber Co. 16.05 City of Shakopee 283.42 Clay's Printing Service 242.57 Davies Water Equipment 113.88 Dicks Service 19.85 Fresco 85.91 Gopher Electronics Co. 50.25 Graybar Electric Co. , Inc. 320.87 Hagen Systems, Inc. 186.18 Juba's Super Valu 151.48 Leef Bros. , Inc. 16.00 Malkerson Motors, Inc. 78.83 Minnesota Municipal Utilities Association 50.00 Neenah Foundry Co. 48.41 Northern States Power Co. 586.52 Northern States Power Co. 197,782.87 Northern States Power Co. 642.72 Northwestern Bell Telephone Co. 385.00 Scott County Sheriffs Office 304.76 Serco 1 56.00 Shakopee Hardware 16.13 Shakopee Public Utilities Comm. 123.25 Shakopee Public Utilities Comm. 292.68 Shakopee Services 18.00 Siehndel Construction 163.95 Simer Pump Co. 16.95 Southwest -Suburban Pubishing, Inc. 105.04 Starks Cleaning Services 8.65 Suel Business Equipment 10.72 Total Tool Supply Co. 153.46 Truck Utilities 235.14 Louis Van Hout 60.00 Water Products Co. 219.45 Westinghouse Electric Co. 138.09 Burroughs Corporation 3,074.40 Software Consultants, Inc. 500.00 Motion by Kirchmeier, seconded by Cook that the bills be allowed and ordered paid. Motion carried. LuAnn Nead from Office Interiors was present to present to the Commission the plans for the office remodeling. A discussion followed. Ideas for a new service truck were given by Manager Van Hout. Specs will be drawn up for obtaining bids on a new service truck. Motion by Kirchmeier, seconded by Cook that the Manager be authorized to purchase two used vehicles - one vehicle to be purchased now and the other at the discretion of the Manager. Motion carried. The current status of the water service for St. Franicis Hospital was detailed by Manager Van Hout. Due to the necessity of St. Francis installing the back flow preventor,Manager Van Hout was directed by the Commission to pursue three different alternatives making it mandatory for the installation. A communication from Communication Systems, Inc. , the Cable TV Franchise dealer for Prior Lake was acknowledged. Motion by Cook, seconded by Kirchmeier to offer Resolution #263, A Resolution Concerning Electrical Charges to the Shakopee Ice Arena. A discussion followed on the wording of the Resolution. Ayes: Commissioner Bishop, Kirchmeier and Cook with the wording changes as discussed. Nayes: none. Resolution passed. Motion carried. Manager Van Hout presented the Engineering report sent by the City Engineer on the Highway 101 frontage road. A discussion followed on the areas of changes in the present water system that would have to be made due to the change in the frontage road location from that originally planned. Motion by Cook, seconded by Kirchmeier to accept the engineering feasibility report dated September 23, 1983 concerning the Highway 101 South frontage road with the stipulations that the assessments for moving the hydrents and the valves be at no cost to the Shakopee Public Utilities Commission, the potential problem of rusty water due to dead end lines be noted, and that the depth of cover over the existing watermain should be corrected as it would have been if the road had been put in place as originally planned. Trunk charges were previsously collected when the watermain went in, so this charge does not pertain in this instance. Motion carried. The street light change out program was presented by Manager Van Hout. It was suggested that this is one area to be brought up in a joint meeting with the Council. Manager Van Hout recommended to the Commission that the Shakopee Public Utilities Commission repair customer owned electric services on residential services only and as available time permits. This work is to be billed at an hourly charge. The exact language of such a policy will be developed in the near future. Liaison Wampach gave his report on the progress of the downtown ad hoc Committee. Liaison Wampach also voiced concern for advertising that residents shovel out the fire hydrents close to their properties. Manager Van Hout will put an article in the Valley News concerning this. There were no new plats for the month of November, 1983. Superintendent Leaveck reported four fire calls for a total of 1 hour and fifteen minutes for November, 1983. There were no lost time accidents for November, 1983. The 1984 wage increases and work rule changes were discussed. The Commission will present the changes to the employees of the Shakopee Public Utilities Commission. Motion by Cook, seconded by Kirchmeier that the meeting be adjourned. Motion carried. Barbara Menden, Commission Secretary SCOTT COUNTY HOUSING & REDEVELOPMENT AUTHORITY 16049 FRANKLIN TRAIL S.E. #104 ■ PRIOR LAKE, MINNESOTA 55372 ■ (612)447-8875 j i i January 3, 1984 Mr. Eldon A. Reinke, Mayor Shakopee City Hall 129 East 1st Avenue Shakopee, Minnesota 55379 i f Dear Mr. Reinke: To comply with our bylaws, please be advised that the Annual Meeting of the j Scott County Housing and Redevelopment Authority will take place in our offices located at 16049 Franklin Trail S.E. , 4104, Prior Lake, at 8:00 P.M. on January 24, 1984. The attached notice should provide you with additional information on this meeting should you want to attend. If you have any questions regarding the meeting, please do not hesitate to contact me. Sincerely, A"k Mark E. Nagel Executive Director MEN:spw Enclosure ..� .gym. QTY OFSNAKOpEE MARJORIE HENDERSON,SHAKOPEE,DISTRICT II D WILLIAM CHARD,BELLE PLAINE,DISTRICT I KEITH THORKELSON,PRIOR LAKE,DISTRICT IV SYLVESTER WACKER,SAVAGE,DISTRICT V D© ' MARIETTA SHARKEY,JORDAN,DISTRICT III EGUAI HOUSING Scott County OPPORTUNITY Equal Opportunity Employer NOTICE OF ANNUAL MEETING In compliance with the bylaws of the Scott County Housing and Redevelopment Authority, notice is hereby given that the Annual Meeting of the Scott County Housing and Redevelopment Authority (H.R.A.) will be held on Tuesday, January 24, 1984 at 8:00 P.M. in the H.R.A. Office located at 16049 Franklin Trail Southeast, #104, Prior Lake. Among other appropriate matters, the Agenda of the Annual Meeting will include election of officers, designation of official depositories, designation of an official newspaper, and the reading of the financial statement and Annual Report. Questions regarding the Annual Meeting should be directed to Mark E. Nagel, Executive Director, at the address listed above or phone 447-8875 between 8:00 A.M. and 4:30 P.M. Monday through Friday. Ail , Memo To: John K. Anderson, City Administrator From: Gregg Voxland, Finance Director Re: Handicapped Requirements for Federal Sharing (Informational) Date: January 13, 1984 The notice shown below is being published and distributed. This is a new requirement of the Revenue Sharing regulations and will involve a significant amount of staff time and effort to evaluate and modify our programs, services and facilities so as not to discriminate against the handicapped. NOTICE Policy of Non-Discrimination on the Basis of Handicapped Status The City of Shakopee does not discriminate on the basis of handicapped status in the admission or access to, or treatment or employment in, it's programs or activities. Gregg Voxland has been designated to coordinate compli- ance with the non-discrimination requirements contained in Section 51.55 of the revenue sharing regulations. BOARD OF COUNTY COMMISSIONERS SCOTT COUNTY,MINNESOTA Date January 10, 1984 Resolution No 84007 Motion by Commissioner MPrf-z Seconded by Commissioner Koniarski RESOLUTION NO. 84007; ENDORSING A PARIMUTUEL HORSE RACING TRACK IN SCOTT COUNTY. WHEREAS, on January 4, 1984, the Scott County Board of Commissioners went on record endorsing the prospect of a parimutuel horse racing track in Scott County by the adoption of Resolution No. 83005; and WHEREAS, in the ensuing period, two viable proposals for horse racing tracks have been developed for sites within the Cities of Shakopee and Savage and have been presented to the County Board in some detail by their respective sponsors; and . WHEREAS, through individual review of each proposal by engineering, planning and administrative staff, the County Board has determined that the Shakopee site proposal at this stage is the most compatible with the Scott County Comprehensive Plan; and WHEREAS, while several Scott County municipalities have made endorse- ments in this matter, the County Board has viewed those of Prior Lake and New Prague City Councils with particular interest whereby one site was given their principal endorsement and the other was named as an alternate NOW THEREFORE BE IT RESOLVED that the Board of Commissioners in and for the County of Scott, Minnesota, goes on record herewith endorsing the City of Shakopee racetrack site proposal and urging its favorable consider- ation by the Minnesota Racing Commission. BE IT FURTHER RESOLVED, that the County Board endorses further, the City of Savage racetrack site proposal as an alternate recommendation to the Minnesota Racing Commission. BE IT FINALLY RESOLVED, that copies of this resolution be forwarded by the County Administrator to the Minnesota Racing Commission, the Metro- politan Council, Scott County Municipalities and Townships as well as all other agencies having an interest in this matter. YES NO Koniarski x Koniarski Worm x Worm Mertz x Mertz Stromwall x Stromwall Boegeman x Boegeman State of Minnesota t ss County of soon f I.Joseph F Ries.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 resolution with the original minutes of the proceedings of the Board of County Commissioners. Scott County.Minnesota.a1 their session held on the 10t dayof Jan. 19 84 nog On Tini my office.and haw found the same to be a true and Correct Copy thereof. lith nuary, 1984. 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N 10 d C W p �O N 1 N N 1- 1 Q r O J U. ? r CC P 00 00 p, J V1 r V\ W ti O n0 0 0 0 0 •- 00 0 o c a O V% V1 N ly n V V a ol V O a � � a N f• I � I Q u I v a a I W W u z z I a Q 1- � 2 1- O Q C7 C7 O V• N p( Z U � Z Q It d M L V v � 1.1 °- a o o r. r � CL W 7 U 2 O IrH a r. 0. o � a a j W J a N N W J 0 U. O O • U. be J•- 4 61 �� y S 0: to w1 w r-1 U 2 2 1 U Oz W W LL. U W ., •- •-�- cr 31, w+ O Z W a W O 0 U 7 S N o_ O I I f0� Z U d Go • a j 1 Oft lr Vj V • __�'. o m o.o _ N �n • n m`c m o « w n < N ry o e � e r � m p _ ry � :. - _ - _.. n a • • a n '• a •' n n n2 a r. • n TENTATIVE AGENDA ADJ .REG.SESSION SHAKOPEE , MINNESOTA JANUARY 17, 1984 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. ) *51 Approval of the Minutes of December 27, 1983 , January 3rd, 9th, 1984 61 Approval of the December 20, 1983 Council Meeting 71 Communications: a] Mn. Pollution Control Agency re : Infiltration/Inflow Analysis b] Gene Pearson re : resignation from Downtown Committee c] Dean & Verena Smith re : extension of 5th Avenue 81 Public Hearings : a] 7 : 15 P .M. - Application for $90,000,000.00 Commercial Develop- ment Revenue Bonds by Mn. Racetrack, Inc . (bring application distributed 12/27/83) b] 7 : 30 P.M. - Proposed Improvement to Hwy 101 Frontage Road from ,,-f CR89 to the West Line of Cretex Industrial Park VeVo� First Addition by roadway construction - Res. 2211 c] 8 :00 P .M. - Possible Projects for 1984 Community Development Block Program 91 Boards & Commissions : a] Planning Commission re : Proposed Downtown Plan b] Industrial Commercial Commission re : Proposed Downtown Plan 10] Reports from Staff: a] Housing Alliance - report by Rosemary Dineen of findings of questionnaire on senior housing b] Miller and Luebke Sewer Back Up c] Huber Park LAWCON/LCMR Grant Application - Res. No. 2210 d] Huber Park Restroom Facilities e] Legislative Task Force on Metropolitan Transit ' s Request for Comments on Alternative Transit Structure f] Snowmobile Licensing *g] Vehicle Light Bar/Siren Purchase *h] Mobile Radio Purchase i] Plan Check Fee j ] Street Rehabilitation and Preservation Policy - bring earlier memos *k] Vehicle Towing Contract 1] Approve Bills in amount of $2 ,417 , 888. 62 m] Appointments to Boards and Commissions n] Computer System Request for Proposal (bring November 22 , 1984 memo 11] Resolutions and Ordinances: a] Ord. No. 141 - Impo nding of Snowmobiles When In Violation of City Code 12] Other Business : a] Goals & Objectives Meeting for 1984 - select date b] Cncl .Vierling has asked to discuss methods by which the City could "compensate" volunteermembers of City Boards & Commissions c] 131 Adjourn. John K. Anderson, City Administrator MEMO TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Council Minutes of 12/20/83 DATE: January 11, 1984 Introduction & Background The minutes for the 12/20/83 Council meeting as initially prepared are not quite accurate. It currently reads on page 5, fifth paragraph from the bottom: "Vierling/Colligan moved to amend the motion that all listed employees get a 4% increase effective January 1, 1984, and the balance would be given on the next step, whenever the anniversary date comes up during the year. Cncl. Leroux stated he is philo- sophically apposed to substracting from an employee. Motion to amend carried with Cncl. Lebens and Leroux apposed." The following is a more accurate expression of what was said and the intent therein. The tape of the meeting has been reviewed. Recommendation Request that the minutes be amended to read: "Vierling/ Colligan moved to amend the motion that the City Engineer and Community Development Director receive a 4% increase effective January 1, 1984 and move onto the pay plan when their anniversary date comes up during the year as per the pay plan. Cncl. Leroux stated he is philosophically apposed to substracting from an employee. Motion to amend carried with Cncl. Lebens and Leroux opposed." Action Requested Move to amend the minutes of 12/20/83 to read: "Vierling/ Colligan moved to amend the motion that the City Engineer and Community Development Director receive a 4% increase effective January 1, 1984 and move onto the pay plan when their anniversary date comes up during the year as per the pay plan. Cncl. Leroux stated he is philosphically apposed to substracting from an employee. Motion to amend carried with Cncl. Lebens and Leroux opposed." GV:mmr Minnesota Pollution Control Agency !AN 4 t* The Honorable Mayor and City Council City of Shakopee 129 East First Avenue =' Shakopee, Minnesota 55379 De,nr Mayor and City Council: RE: Infiltration/Inflow Analysis Shakopee, Minnesota C279999-04 Based on our review of the Infiltration/Inflow (I/1) Analysis regarding the City of Shakopee's sewer system, it has been determined the system is not subject to excessive T/I ns defined in 40 CFR 35.905. This task has satisfactorily fulfilled the conditions of your grant. The intent of the 1/1 program, as set up by the U. S. Environmental Protection Agency (EPA) , is to minimize the treatment of stormwater and ground water at wastewater treatment facilities. The intent of your i/I grant was to allow your community to estimate the quantity of I/I entering your collection system. The T/I identified within subareas of your sanitary sewer system is possibly excessive; however, the I/I within your community's entire sanitary sewer system has been determined to be non-excessive. There are subareas of the sanitary sewer within your community where it will be beneficial to consider further analysis. The use of this I/I analysis in conjunction with an aggressive preventive maintenance program should prove an effective way for your community to prevent future sewer problems. Phone: 1935 West County Road B2, Roseville, Minnesota 55113-2785 Regional Offices • Duluth/Brainerd/Detroit Lakes/Marshall/Rochester Equal Opportunity Employer a# Al o The Honorable Mayor and City Council Page 2 _,... JA N 4 1984 If you have any questions, please contact Don Smith of my staff, at 296-7295. Sincerely, w <:mr 7-oaas :'?;`;t:'� 't':,;.,•'r?`'•, Cordon E. Wegwart, P.E. Chief, Technical Review Section Division of Water Quality CEW/DAS:cc cc: U.S. Environmental Protection Agency, Attn: Michael J. Mikull Program Management Section 5WFM 7 El. Mr. Fred Stenborg, Metropolitan Waste Control Commission s a Mr. Dave Karras, Metropolitan Waste Control Commission (with al die:dc�`s1 package) Mr. Donald Burgardt, P.E. , Bonestroo, Rosene, Anderlik and Ass( s • z 2sf�i' z 3 J2 T f R �j (!{rpf 7 rJ T0: Shakopee Ad Hoc Downtown Committee Shakopee City Council Effective immediatly, I wish to resign as a member of the Shakopee Ad Hoc Downtown Committee. Thank You rG e Pears 2/2V83 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.Brown P.O. Box 216 Philip T. Kanning Barbara J.Hedstrom Shakopee, Minnesota 55379 Trevor R. Walsten (612)445-5080 January 11, 1984 Honorable Mayor and City Council City of Shakopee 129 East First Avenue Shakopee, MN 55379 Re: Minnesota Racetrack, Inc. , IDB's Dear Mayor and Council Members: I have reviewed the application submitted by Minnesota Racetrack, Inc. , for industrial revenue bond financing approval from the City and in anticipation of the City's January 17 public hearing. I find the documents substantially in order and would recommend your consideration of the prelim- inary resolution on the 17th. As I have indicated to you previously, no industrial revenue fin- ancing can be approved by the City until the United States Congress reconvenes and passes authorization required for such issuance. Consequently, we are pro- ceeding with the preliminary steps in this application on the assumption that Congress will take such action. Mr. Malkerson has requested that we consider our recently adopted policy of charging for industrial revenue bond approval on a percentage basis considering the magnitude of this particular application, and you may wish to do so since I would expect your policy was designed with much smaller applica- tions in mind. Keep in mind we will have rather unusual expenses involved in this transaction, and you may wish to consider simply some sort of a flat fee. It is my recommendation to you that we no longer consider or make reports on the financial feasibility of projects proposed to be financed by industrial revenue bonds or tax-exempt mortgages. 11y concern is liability. If we examined and approved the financial feasibility and the project fails, we may find ourselves embroiled in litigation on behalf of the bond holders. It is better in my opinion that the City make no representation that it has examined or considered the financial feasibility and allow the financing organ- ization or the bond purchasers to make their judgments exclusively on the merits, not based upon City of Shakopee consideration or approval. Honorable Mayor and City Council Page 2 January 11, 1984 questions.I will be available for your hearing on the 17th should you have any Yours very truly, KP,ASS, M ER, KXNNING & WALSTEN CHAR RED J l r° PMi lip Krass PRK:dk File No. 1-1373-160 � b MEMORANDUM TO: John K. Anderson/City Administrat_,I � FROM: H.R. Spurrier/City Engineer RE: Trunk Highway 101 Frontage Road County Road 89 to the West line of Cretex Industrial Park 1st Addition DATE: January 13 , 1984 Introduction: City Council will hold a public hearing on the above referenced project January 17th. Background: At this point, staff has spoken to only two property owners affected by the above referenced project . Copies of the feasibility report were mailed to each of the property owners to be assessed. Two property owners have contacted the City. One property owner, Robert Rost , reiterated his opposition to the project . The second, a representative of Cretex Industrial Park 1st Addition, was asked to react to the proposed project but was not prepared to, and will not have that reaction until the hearing January 17th. One issue not yet addressed but mentioned by property owners is the disposition of Cretex Avenue. In my view, the City should see whether Elk River Concrete Products would be interested in a no cost dedication of the right-of-way to the City. In the event the additional cul-de-sac is constructed I would expect 100% of that right-of-way to be freely dedicated by Cretex. If Cretex is unwilling to freely dedicate that right-of-way, I would recommend that the City not include that in the project. The only alternative Cretex would have in serving Lot 2 would be future construction of such a cul-de-sac or construction of a cul-de-sac or roadway down Cretex Avenue, as it is now platted. In the event Elk River Concrete Products is willing to freely dedicate that right-of-way I would recommend that the City immediate- ly initiate vacation proceedings for that right-of-way. At the meeting, January 17th, City Council will hold a hearing on the improvement and determine from that testimony and from the re- port whether the improvement should be made as proposed by the feasbility report . By accepting the recommendation of the report , City Council would order the improvement and the preparation of Plans and Specifica- tions for the alignment shown in the feasibility report. A resolution, number 2211 , is attached for that purpose . John K. Anderson/H.R. Spurrier January 13 , 1984 Page -2- Action Requested: Adopt Resolution No. 2211 , A Resolution Ordering an Improvement and Preparation of Plans and Specifications for the Trunk Highway 101 Frontage Road County Road 89 to the West line of Cretex Industrial Park 1st Addition, Improvement No. 1984-1 . HRS : cau G� RESOLUTION NO. 2211 A RESOLUTION ORDERING AN IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT OF THE TRUNK HIGHWAY 101 FRONTAGE ROAD. COUNTY ROAD 89 TO THE WEST LINE OF GRETEX INDUSTRIAL PARK 1st ADDITION, IMPROVEMENT NO. 1984-1 WHEREAS , pursuant to Resolution No. 2197 of the City Council adopted December 20,' 1983 , a report has been prepared by William Price , Suburban Engineering, with reference to the improvement of the Trunk Highway 101 Frontage Road County Road 89 to the West line of Cretex Industrial Park 1st Addition, and this report was received by the Council on December. 20 , 1983 ; and WHEREAS , the Council has considered the improvement of said Trunk Highway 101 Frontage Road in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of $838 ,050 ; and WHEREAS , Resolution No. 2198 of the City Council adopted on the 20th of December, 1983 , fixed a date for a Council hearing on the proposed improvement of Trunk Highway 101 Frontage Road County Road 89 to the West line of Cretex Industrial Park 1st Addition by roadway; and WHEREAS , ten days published notice of the hearing through two weekly publications of the required noticed was given and the hearing was held thereon the 17th day of January, 1984, at which all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS , the Shakpee Public Utility Commission has reviewed said proposed project and gives favorable recommendation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . Such improvement is hereby ordered as proposed in Council Resolution No. 2198 adopted December 20 , 1983 . 2 . William Price is hereby designated as the Engineer for the improvement . He shall prepare plans and specifications for the making of such improvements . Adopted in session of the City Council of the City of Shakopee , Minnesota, held this day of , 1984. i I Mayor o the City Shakopee ATTEST: City Clerk Approved as to form this P NOTICE OF PUBLIC HEARING FOR DISCUSSION OF COMMUNITY DEVELOPMENT PROGRAMS OF THE CITY OF SHAKOPEE TO WHOM IT MAY CONCERN: The City Council of the City of Shakopee will hold a public hearing to accept public comments on possible community development projects to be submitted for funding under the 1984 Community Development Block Grant Program. The hearing will be held at 8 :00 P.M. or thereafter on Tuesday , January 17 , 1984, in the Council Chambers at Shakopee City Hall , 129 E. 1st Avenue . Citizens may also mail or telephone comments prior to the hearing. An application for funding will possibly be filed with the Minnesota Department of Energy and Economic Develop- ment on or before February 1 , 1984. Inquires or comments regarding eligible projects for block grant funding should be made to Jeanne Andre , Executive Director, Shakopee Housing and Redevelopment Authority, at 445-3650, Monday through Friday between 8 :00 A.M. and 4: 30 P.M. Dated this 6th day of January, 1984 . JUDITH S . COX City Clerk City of Shakopee s �G ro ; Jo h v, k A)i cl e is o h, r» n i :s �-i �; {Z r Fro en ; Jaanne An lrre� ,1),'recrcr r7 CDmrye�r>> �, I've 96.' a7' �5/o C k 6r�7 n / App Oa ie -Tan wavl l7� 9e-' w 6a/f cu�i-► �z-,-r a . oto' � OCAS t, EL 'f iL�iL '611. Ott ti -&i hou"- ley- a. �� �,�,�k��� ,aL�y►.� l��-�.. �� .��,, � XB3 Cc c�-c�c c� ✓ ��vC� v,( ]mac, pr#e ct, -t fie' JJ L�n,�vr►�w� Z+.��fi��.. Yj2r • i��a-�� .6� G�d�L2tiJ' �D v ha L -fit .u��„ GwLx�/ e,rGe,/ lc°i. ! -Qt- Gv�iLrG� �1{G.���f'iJ' tGi��uc� u� Ga at Gni a,�G L, Gf�LCA%fj�'jG�� 7GG'�GtR/Lta- ✓�v G 54 Gi, q TO: John K. Anderson, City Administrator FROM: Jeanne JAndre, Community Development Director RE: Downtown Concept Plan DATE: January 13 , 1984 INTRODUCTION: On December 27 , 1983 , the City Council had a joint meeting with the Downtown Committee for a presentation on the downtown concept plan recommended by the Committee (Alternative B-1 , Revised) at that meeting, the Council requested that the Planning Commission and Industrial Comm- ercial Commission review the plan and forward their comments to the Council prior to its formal consideration of the Plan. BACKGROUND: The Planning Commission considered Alternative B-1, Revised, as recommended by the Downtown Committee at its January 5, 1984 meeting and recommended its adoption by the City Council. The Industrial Commercial Commission ( ICC) reviewed the plan at its January 11, 1984 meeting and also recommended its approval to the City Council. The ICC also voted to recommend that the City Council commend the Downtown Committee for its efforts in developing a concept plan for downtown redevelopment and support them in their efforts to implement the plan. Based on recommendations in favor of the adoption of Alternative B-1 , Revised, as a concept plan for downtown revitalization forwarded by the Downtown Committee, Planning Commission and Industrial Commer- cial Commission, it is now in order for the City Council to consider its adoption. Adoption of a concept plan does not imply that every element of the plan can or will be implemented. Rather, it indicates City Council approval of a general plan, with a directive to the Downtown Committee to seek ways to implement elements of the plan. The implementation must take into consideration funding sources and reasonable time table for proposed improvements . Recommendations on the possible ways of .- implementing the plan will be developed by the Downtown Committee and subsequently presented to the City Council for approval. RECOMMENDED ACTION: 1 . Adopt Alternative B-1 , Revised, as a concept plan for downtown redevelopment and direct the Downtown Committee to seek means to implement the elements of the plan. 2 . Commend the Downtown Committee for its efforts in developing a concept plan for downtown redevelopment and offer City Council support to implement the plan. MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE : Sewer Back-up on West 7th Ave . DATE : January 13 , 1984 INTRODUCTION At the City Council ' s January 3 , 1984 meeting, Mr_ . Harlan Luebke and Mr. Dennis Miller appeared before the Council to dis- cuss the property damage they suffered due to the sewer back-up on West 7th Ave . on November 8 , 1983 . After some initial dis- cussion Council directed Staff to collect the information involved in this case and presented to Council at its next regular meeting. BACKGROUND INFORMATION The first item Council requested was a report from the Public Works Department on the specific events that took place on November 8 , 1983 . Jim Karkanen has provided that in the attached memo dated January 9 , 1984. The second item Council requested was a copy of the response from our Insurance Company after the judgement by the Insurance Adjuster . Copies of the letter to the Luebke ' s and Miller' s are attached for Council review. The third item involved was the actual cleaning bill the two property owners re- ceived from Charles Fonder, the Cleaning Company. The cleaning bill submitted to the Luebke ' s was $75 . 00 and the cleaning bill submitted to the Miller ' s was $55 . 00 . Council had requested this information on January 3 , 1984 because Council had been informed that the City' s employee had suggested to the owners that they contact Charles Fonder Cleaning Company to assist in the clean-up and submit the bill to the City. This suggestion by the City' s employee is discussed on Page 2 of Mr . Karkanan' s memo of January 9 , 1984. ALTERNATIVES 1 . Continue to follow the City' s procedure for handling damaged claims as outlined in Administrator Policy No . 150, dated September 14, 1981 . Following this Policy, the City would not participate in assisting the property owners in reimbursing any damages , or any bills , they received from Charles Fonders Cleaning Company. 2 . Pay the $75 . 00 cleaning bill Mr. Luebke received from Charles Fonder' s Cleaning and the the $55 . 00 cleaning bill Mr . Miller received from Charles Fonder ' s Cleaning Company. Council could select this alternative based upon the comment in Mr . Karkanan' s memo on Page 2 that the City employee said the property owners should submit Mr . Fonder ' s Cleaning bills to the City, but that other claims or damages should be submitted to the Insurance Company' s involved. Page 2 January 13 , 1984 3 . Negotiate with the property owners involved a price that would in part , or totally, cover the property owners cleaning costs and damages . This alternative would mean that Council returns to a policy of handling damaged claims at the Council level as dQneprior to adopting a Policy # 150 , dated September 14, 1981 . RECOMMENDATION Staff recommends alternative #2 because it is clear from the report provided by Mr. Karkanan that the City employee involved "implied" that the City would pay the cleaning bills from the Charles Fonder Cleaning Company. Action Requested direct the appropriate City Officials to make a direct payment to Charles Fonder Cleaning Company of $75 . 00 for clean-up provided Mr. Harlan Luebke of 137 West 7th Avenue on November 8 , 1983 and $55 .00 provided Mr. Dennis Miller of 628 Fuller St . for clean-up provided November 8 , 1983 . JKA/bn 1983 cAPESIUS AGENCY, i i November 30, 100? i Mrs . Dennis Mister 2<, Futter Street Shakopee, Minnasota 5557 i °F : Insd:City of Shakopee D/L' Novemher Dear Mrs, Wilier: Per my visit to your home on November 17, we have completed our investigation j of Your claim for damages resulting from a sewer back up on "November !i, 1993 . We find no negligences on the part of our insured, the. City of Shakopee, for j this loss , Your sewer system is on a yearly maintenance schedule. It was cleaned last winter, and was scheduled to be cleaned again this winter. However, before the sch,!-duled cleaning data the sewer hacked up - possiblY due to roots and other solid waste in the system - which was beyond the control j of our ins-tred, There was no prior indication of possible stoppage developing, and the City had not been working on the sewer system in your area prior to � Oe back-up. I Therefore, we must respectfully deny your claim as submitted based upon the abovt facts of t•t,!s less. i I Very truly yours, t j Tom Pettygrove Ctait..s Representative Tn/ CC: City of Shakopee i CC: Capesius Agency CC- File_ j ' I I • I ! \ 1 ? ECE E� Dru 1983 CAPSSIUS AGENCY, i 4ovember 30, 1pP3 Mrs, Polly Luebke 137 W. 7th avenue Shakopee, Minnesota 55379 RE . Insd: City of Shakopee D/L: November `3, 1983 Dear Mrs. Luebke: Per r+,y visit to your home on November 17, 1933, we have completed our investigation of your claim for damages resulting from a sewer back up on November R, 1983. We find w negligence on the part of our insured, the City of Shakopee, for this loss. Your sewer system is on a yearly maintenance schedule. it was cleaned last winrr, and was scheduled to be cleaned again this minter. however, before the scheduled cleaning date the sewer backed up possibly due to roots and other solid wastes in the system - which was beyond the control of our Insured. There was no prior indication of possible stoppage developing, and the City had not been working on the sewer system in your area prior to the back up. Therefore, we must respectfully deny your claim as submitted based upon the above facts of this loss. Very truly yours , Tom Pettygrove Claims Representative TP/b CC: City of Shakopee CC: Capesius Agency CC- File i.<<M,.• C: ITY OF SHAKOPEE c? --�'•� 11l+r w 129 East First Avenue, Shakopee, Minnesota 55379 MEMO T0: John Anderson/Administrator FROM: Jim Karkanen/Public Works Dept . SUBJECT: Sewer backup on W. 7th Ave . DATE: J an . 9 , 1984 INTRODUCTION: Pursuant to your request , this memo is intended to help explain the sewer backups on West 7th Ave . and Fuller St . on Nov . 8 , 1983 • SUMMARY OF EVENTS: A sewer blockage in the 8" sanitary sewer main on West 7th Ave . at Fuller St . was reported to our office at approx . 7: 45 A. M. Nov . 8t -b . A crew was dispatched to the area and opened up the blockage in the main which was thought to be located approx . 250 feet west of the manhole on Holmes St . After the blockage was opened up with our mechanical sewer rodder , the street foreman , Harry Pass , 'personal 1 y directed our rodding crew in assisting in the cleanup , and visually inspected the two basements which were affected by the backup in the city main . The residences were identified as : 1 . Dennis Miller 626 Fuller St . The basement carpeting was wet from the backup , we recommended that Charles Fonder Cleaning , Inc . be hi red to wet /vacuum the carpet i n.g . At this time , we were unabl-e to determine if there was water damage to the wal 1 s/sheet rock paneling . 2 . Harlan Luebke 137 West 7th Ave . Our foreman , Harry Pass , reported that this basement received about 12 inches of water in the basement , and there were articles stored on the floor which were damaged . Charles Fonder Cleaning Co . was again recommended for wet /vacuuming this basement because he has the proper equipment for this type'_ of _cleanup . This property owner was advised that it was his right to submit a possible claim for damages , as a result of the backup , for repair and replacement of items and damages as a result of this i nci dent . sewer backup P. 2 BACKGROUND: The sewer mai n on West 7t h was 1 ast rodded 1 ast January on our yearly preventive maintenance schedule and was due to be rodded again this coming January . There haven' t been many backups on this line 1 at el y t o i ndi cat e t hat t hi s mai n needs more t han "normal " yearl y rodding on the preventive maintenance schedule . However , this street has many elms on the boulevards , and with the dry summer season which we have j ust experi enced , i t i s a good assumpt i on t hat t he root s have been act i ve i s searchi ng f or t he wat er suppl y i n t he sewer mai n . Our rodding crew, however , did not visually observe any unusual foreign obj ect s i n t he downst ream manhol e of t er t he backup was rel i eved , such as , roots , rags , paper , etc . The two property owners involved were instructed by our department to obtain the services of Chas . Fonder Cl eani,ng Co . and submit his bi 11 t o t he Ci t y , and of her cl ai ms f or damages t o t he i nsurances compani es i nvol ved . This suggestion to wet /vacuum was given t o t he property owners to expedite t he cl eanup of t he basement s t o help paci f y peopl e who were obvi ousl y i rri t at ed f rom a si t uat i on t hat was very unpleasant to everyone involved . This suggestion was gi ven t o t he part i es i nvol ved bef ore we were aware of t he cont ent s of Administrative Policy No . 150 , dated Sept . 14 , 1 981 . U co v \ y U) 3 U 9 + O � v a i d v o dN v O r + S� W O Ln cd r+ v �2i: 'o O O O W m an � �o v � � cn v ro v � v •� G M N cn > 7d n N u r- b cd v X11 E a W v o o u cd cd c Q u F— v O — A �. v o a x v a O o o u a 4 all E a x m a O CL V. CD n O z a �' a v v v v b L cd v (d v �y an u y ~ �- ♦^ M cd ! v O O Q) v � �/♦ o, >C W c v C v u u a Z Q d n4. O U c O E O cd v 0 3 0 .n a.E ., a E E E aD � N �- O V -Q Ln u) v a u 7:5 v L,LI } c U a� 3 O N v �}; v Ot L — U)CO v E V u m CL 0 UM V) z° c c a CD .o c X (1) r N Cd W (1) O CD o CD o •- v Cl) O a; a� CO a o u as o CD v3 3 v cc ow OAC n`_ u. Q Q � 2 EDO r CA Ywi PESIUS ACENC AUTp ns"Hp rnnc P SPe(-ia1isY,.� r First National g 0 LIFE • BUSINESS 445.19ank 22 9' Shakop eS ATTENTION; 1-5-84 Attached ANDERSON ached ar Transamerica copiIn urance tters to Claimants To Co. r Kakan nY9017e will which you reqtedom en s formal furnish aoen transcribed, wh chstatementus withsooa copy of ai l l be w.i than th has Thancallks and if You have e next week or any further questions Please Sue Sichmeller C17Y C* 4fAKOj P7E I0C TO: John K. Anderson, City Administrator FROM: Jeanne Andre, Community Development Director RE: Final Application for LAWCON/LLMR Funding for Huber Park Trail DATE: January 13 , 1984 INTRODUCTION: Last spring the City submitted a preliminary application for funding of improvements for Huber Park Trail under the LAWCON (Land and Water Conservation) and LCMR (Legislative Commission on Minnesota Resources ) programs . The City received a high ranking on this application and has now been requested to submit a final application for funding. BACKGROUND: After reviewing available funding and the ranking of applicants at the preliminary level, the state determines those cities who are to submit final applications and the amount of grant assistance to be set aside for these applications . Funding of these projects is routine unless there is an interruption of anticipated state or federal funds or other impediments such as environmental problems . If a final application is submitted, approval would occur in March or August. Project construction in 1984 will depend on when approval occurs . As outlined on resolution No. 2210 , Shakopee has been programmed for $27, 490 in federal funds , $43 , 705 in state funds , and must provide a local contribution of $43 , 705 . Improvements undertaken include construction of an observation platform (to the first limestone pier in the river behind Community Services ) , landscaping and flower boxes along four blocks of bituminous trail (the trail will be constructed by the DNR. ) and grading and site work including erosion control at an existing storm sewer outlet. (see attached July 29 , 1983 memo from H.R. Spurrier. ) It is proposed that most of the local match be taken from the park reserve fund, which has funds available and has been programmed in the capital improvement program to include this project. However, since the erosion control is not principally a park project it is recommended that local contributions to this portion of the project come from the newly created capital improvement fund, created for this type of project. This allocation would provide: $29 ,113 - from the park reserve fund and $14 , 592 - from the capital improvement fund for the local match. This grant is completely separate from the grant to be provided by the watershed district for the Huber Park Trail Restroom Facilities . RECOMMENDED ACTION 1 . Adopt resolution no. 2210, a Resolution Authorizing Filing of Application and Execution of Grant Project Agreement to Develop Open Space Under the Provision of the Federal Land and Water Conservation Fund Act and the State Natural Resource Fund (Huber Park Trail) 2 . Direct that the local match estimated to be $43, 705 will be provided with $29 ,113 from the park reserve fund and $14 , 592 from the capital improvement fund. MEMORANDA TO: Jeanne Andre NRA Director FROM H. R. Spurrier City Engineer SUBJECT: Minnesota River Overlook at the Extension of Lewis Street DATE: July 29, 1983 Introduction• I have analyzed the proposed overlook on the old bridge piers and I have prepared an estimate of the cost of constructing the overlook, including a list of some of the benefits of construction. Background: Engineering Department analyzed the proposed overlook and the scope of the work required for construction. There are storm sewer pipes which must be inter- cepted and extended beyond the proposed bridge abutment for a walkway to the southerly pier at the extension of Lewis Street. The storm sewer work is required for two reasons; one is to reduce potential for serious erosion damage to the proposed walkway bridge; the second, and the more serious from the City's standpoint, is to protect the Shakopee Interceptor from serious damage and from erosion as a result of the storm sewer outlet. The storm sewer pipes that outlet each side of the proposed walkway bridge to the overl.00k on the south pier, must be reconstructed in order to stabilize their overflow. At the present time, there is approximately 8 feet of erosion caused by the existing storm sewer outlet. The proposed work would consist of constructing a better outlet resembling the outlet used for the Levee Drive extension. If this work is not done as a part of this project, it should be done by itself. Because if the storm sewer outlets continue to erode, riprap placed on the slope will settle over the sanitary sewer interceptor, increasing the likeli hood of structural damage to the interceptor. The estimated cost of this work is $38,400. The remaining construction consists of preparing and constructing an abutment and a bridge between the south bank of the river and the south pier. The estimated cost of the abutment and bridge is estimated to be $33,500. Jeanne Andre July 29, 1983 Minnesota River Overlook Page -2 16 - Construction of the overlook area would cost an estimated $16,000. The over- look would remain in place and so it would have to be constructed to resist 100-year flood elevation, along with the debris from the 100-year flood. The bridge would be a swing-away design so that it could move parallel to the flow during high water. The total estimated cost of the work is $81,900. The total estimated cost of the bridge and overlook alone is $49,500. Although the storm sewer work is of principal benefit to the sanitary sewer, that work is within the Holmes Street Basin and could be considered a part of the improvements to that basin; although, it has not been included in any estimated costs todate. Reiterating, if the bridge and overlook is not constructed, the storm sewer work ought to be performed in order to protect the sanitary sewer. This matter will have to be treated separately by City Council . NRS/jvm C,- RESOLUTION NO. 2210 A Resolution Authorizing Filing Of Application And Execution Of Grant Project Agreement To Develop Open Space Under The Provision Of The Federal Land And Water Conservation Fund Act And The State Natural Resource Fund (Huber Park Trail) WHEREAS, the Land and Water Conservation Fund Act and the State Natural Resources Fund provides for the making of grants to assist local public bodies in the acquisition and development of outdoor recreation projects ; and WHEREAS, the City of Shakopee desires to develop certain land known as Huber Park Trail which land is to be held and used for permanent open space ; and WHEREAS, in order for the proposed project to be eligible for approval , there must be proof that it is part of a comprehensive outdoor recreation plan and 5-year action program (capital improve- ment) ; and WHEREAS, the City of Shakopee has a 5-year action program which includes Huber Park Trail ; and WHEREAS, it is estimated that the cost of developing said interest (s) shall be $11.4 , 900 ; and WHEREAS, upon project approval , the City of Shakopee must enter into formal grant project agreements with the state for the specific purpose of developing Huber Park Trail . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, .MINNESOTA: 1 . That an application be made to the State of Minnesota , Department of Energy and Economic Development , Parks and Recreation Grants unit for a grant from the Land and Water Conservation Fund of 1965 as amended for an amount presently estimated to be $27 , 490 and the applicant will pay the balance of cost from other funds available to it . 2 . That an application be made to the State of Minnesota , Department of Energy and Economic Development , Parks and Recreation Grants Unit for a grant from the Natural Resource Fund (Minnesota Laws , 1983 , Chapter 301 , Section 31 , Subdivision 5 , Paragraph (b) ) , for an amount presently estimated at $43 , 705 and the applicant will pay the balance of the cost from other funds available to it . 3 . That the Mayor and the City Administrator are and directed to execute and file : a) such application ; and b) the 5-year action program with the State of Minnesota , Department of Energy and Economic Development , Parks and Recreation Grants Unit and to pro- vide additional information and furnish such documents as may be required by said Department ; and c) to act as the authorized corres- pondents of the applicant . 4 . That the proposed development is in accordance with plans for the allocation of land for open space uses , and that should said grant be made , the applicant will acquire , develop and retain said land for use(s) designated in said application and approved by the Department of Energy and Economic Development and the National Park Service (NPS) . Resolution No. 2210 Page -2-lG 5 . That the United States of America and the State of Minnesota be , and they hereby are, assured of full compliance by the applicant with the regulations of the Department of Interior, effectuating Title VI of the Civil Rights Act of 1964 . 6 . That the City of Shakopee enter into an agreement with the State of Minnesota , Department of Energy and Economic Development, Parks and Recreation Grants Unit to provide such grants as are specified in Numbered Paragraphs 1 and 2 , above , for the year 1984 . 7 . That the Mayor and/or the City Administrator are authorized and directed to execute such agreement and any supplemental agree- ments thereof . Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of 1984 . ' Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1984 . City Attorney !o d TO: John K. Anderson, City Administrator FROM: Jeanne Andre, Community Development Director RE: Huber Park Restroom Facilities DATE: January 13 , 1984 INTRODUCTION: The City Council has awarded a contract to construct the Huber Park Restroom Facility to Consolidated Mechanical Contractors. When the company started preparations for construction last fall, problems with the site location came up and work was suspended. Council direc- tion on this project is now requested. BACKGROUND: Shakopee Public Utilities (SPUC) initially questioned whether the selected site would be over an existing water service line. The contractor brought out a backhoe and with supervision by SPUC and consultation with the City Building and Engineering Departments the line was located. As the initial site was on top of the existing line a suitable change in location was negotiated. A map showing the orig- inal site and the proposed new site to the East is attached. Subsequent review of the new site with the City Administrator and City Engineer raised questions about its suitability, and the contractor subsequently raised the issue of soil compaction in his attached letter dated November 18, 1983 . Due to these reservations the contractor was directed to suspend all work until spring. As indicated in additional letters from Consol- idated, numerous change orders to the original contract will be necessary to complete the project. To complete the project in the spring at the new site the following change orders are already proposed: 1 . Remove sidewalk and asphalt drive to relocate building. 2 . Soil stabilization (if required) . 3. Wage increases. 4 . Increases in cost of materials . The City may also wish to select a third site, but any site change is sure to involve change orders and the delay until spring has already brought cost increases . Due to these factors, the City Engineer has recommended rebidding this project in 1984 . He has indicated that any time significant change orders are made at the onset, a more economical project can probably be acheived by rebidding. The existing contract (Section 13 . 4 ) provides that the City can "Upon seven days ' written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy, elect to abandon the Work and terminate the Agreement. In such case, Contractor shall be paid for all Work executed and any expense sustained plus reasonable termination expenses. " � G Since the suspension of work is not to exceed a period of ninety ( 90) days, the City Council should determine whether the contract should be terminated before the end of the suspension, judged to be February 10, 1984. The company has already incurred 1983 mobilization costs of $362 which must be paid whether or not the contract is terminated. I am not sure whether additional termination costs would be incurred. REQUESTED ACTION: 1. Authorize $362 to be paid to Consolidated Mechanical for 1983 mobilization costs related to the contract for the Huber Park Restroom Facilities . 2. Direct staff to determine the exact cost of termination of the contract with Consolidated Mechanical for the Huber Park Rest- room Facilities and prepare a resolution to terminate the contract for Council consideration at its February 7, 1984 meeting. .' •• ►'i, � .� ,f , ;// �b... �r �i J�` .'' r,� � � r, f s . � :t�.+ {� t' ` � . �L t ` � � i � �,,. ..�Mi'ice_ �.• �i`j(''� n M�..�. �.►� ... _ t ��� � 1 �.. 4r `' � 1 t �..�..�...... .. ... ... ... �� , ti•.,,f �A'. • '.,�..�: �i 5 'T � . { ar.T.. . ...� .., � l i , .-.;#.., PLUMBING HEATING COOLING CITY C) &.4#,K0PEE City of Shakopee MECHANICAL CONTRACTORS 129 East 1st Avenue Shakopee, MN 55379 November 18, 1983 Attention: Jean Regarding: Huber Trail Restroom Facility Dear Jean, I am confirming our conversation that took place on November 18, 1983 at the project site. Our general superintendent and myself met with various officials from the City and yourself to locate the building on the project site. The building is to be located with a five foot offset from the existing watermain which placed the building in the northerly direction and out into the paved area of Lewis Street. With the new location of the building it would not be i necessary to relocate the pollution control monitoring system. We were also requested to remove the existing sidewalk that runs north and south between the existing hydrant and drinking fountain. We then informed you that with the relocation of the building into Lewis Street and removal of the existing sidewalk, there would be additional costs involved. You informed us that these additional costs would be handled on a change order basis. It was also agreed that the City would establish a benchmark on the sites existing fire hydrant so we could establish correct elevations for the 100 year flood level . At the conclusion of our meeting, I picked up the contract documents in which we also consider this our formal notice to proceed. We intend to start construction November 21, 1983 and proceed accordingly with the relocation of the structure. At this point however, I must express our concern with the building foundation bearing soils. It was brought to our attention at the meeting that the entire site is all fill material . Our concern is with the possibility of settlement with the structure due to the unknown bearing soil capacity. After compaction of the foundation bearing soil , soil compaction tests will be taken and at that time, it will be determined if additional soils stabilization will be required. If additional soil stabilization is required, the additional costs incurred would be extra to the contract amount. If there are any questions concerning any of the above or incorrect items , please contact me immediately. I Thank you, CONSOLIDATED PLUMBING & HEATING COMPANY Dave Brellenthin P.O. BOX 1091 .BURNSVILLE •MINNESOTA 55337 •(612) 894-3200 QUOTATIONS SUBJECT TO CHANGE WITHOUT NOTICE•AGREEMENTS CONTINGENT UPON STRIKES,ACCIDENTS OR OTHER CAUSES BEYOND OUR CONTROL R tic t.ary v PLUMBING HEATING NOV 2 8 1983 (OGLING in CITY OF 9HAKOPES MECHANICAL CONTRACTORS November 21, 1983 City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 Attention: Jean Regarding: Huber Trail Restroom Facility Dear Jean, I I am confirming our phone conversation that took place on November 21, j 1983. You informed me that we were to stop all construction and that i the project site may be changed. You also informed me that the project was to be put on hold until spring of 1984. We will put everything on hold, however, with this amount of delay, there will be additional costs incurred that will have to be added to the base contract. Please let me know as soon as possible as to how the completion of this project is to be handled. Sincerely, CONSOLIDATED PLUMBING & HEATING COMPANY Dave Brellenthin P.O. BOX 1091 e BURNSVILLE •MINNESOTA 55337 •(612) 894-3200 QUOTATIONS SUBJECT TO CHANGE WITHOUT NOTICE•AGREEMENTS CONTINGENT UPON STRIKES,ACCIDENTS OR OTHER CAUSES BEYOND OUR CONTROL �G PLUMBING HEATING COOLING `" MECHANICAL CONTRACTORS November 29, 1983 City of Shakopee 129 East 1st Avenue Shakopee, PSN 55379-1376 Attention: Jeanne Andre Regarding: Huber Trail Restroom Facility Dear Jeanne, In receipt of your letter dated November 22, 1983 concerning the convenience termination by the owner, our mobilization costs incurred amount to $362.00. I have also been in touch with the various suppliers and subcontractors and have informed them of the delay in the construction of this project. Due to this delay, there are anticipated wage increases in the various trades forth coming this spring. The additional monies that are anticipated due to wage increases will be approximately $758.00. We would appreciate the city council giving their consideration for issuing a change order increasing our contract amount to cover the additional wage increases caused by the delay in construction. It is our contention that if construction would have been allowed to proceed as per the project specifications, the project would have been completed prior to the increase in wages. As of this date, I have not been able to obtain the price increases for the materials for this project. When we have a firm site location and project start- up date I will then be able to obtain these additional costs in which we again will request a change order for a contract increase. As of this date, we antic- ipate starting construction in April after the frost is out of the ground. If earlier construction is desired, additional costs will be incurred for frost removal , winter heat and protection of the work. If there are any further questions or information needed, please contact me immediately. Sincerely, CONSOLIDATED PLUMBING & HEATING COPIPANY Dave Brellenthin P.O. BOX 1091 .BURNSVILLE .MINNESOTA 55337 *(612) 894-3200 QUOTATIONS SUBJECT TO CHANGE WITHOUT NOTICE•AGREEMENTS CONTINGENT UPON STRIKES,ACCIDENTS 04 OTHER CAUSES BEYOND OUR CONTROL MEMO TO: John K. Anderson FROM: Judi Simac RE: A request by the Legislative Task Force on Metropolitan Transit for comments on alternative transit structures . DATE: January 12, 1984 BACKGROUND: The staff has twice attended the Legislative Task Force hearings on Pietropolitan Transit. On January 4 , 1984 staff submitted testimony wich addressed the affect of the Regional Transportation Policy Plan on the City of Shakopee. Most significant to the cit , as a free standing growth center, is the MTC taxing policy and he level of ser- vice that they provide. At the January 11 , 1984 hearing, the legislative staff presented four possible alternatives to the existing metropolitan transit struc- ture. The Task Force is seeking input from Shakopee as to the most preferred structure model. It is assumed that the "best" model may actually be a combination of parts of all four alternatives . SUMMARY OF ALTERNATIVE STRUCTURES: Model I : Decision making at the State level (MnDot ) *Ex ansion of MnDot to include a metropolitan transit office and metropolitan transit advisory board. *Met Council responsible for long range policy planning. *Met Council responsible for mid-range implementation planning, subject to MnDot approval. *MnDot establishes annual funding level and mix of revenue sources . *MnDot receives all public funds and allocates available funds . *MnDot arranges all transit services . *Services delivered by MTC, other providers and local units Model II : Decision Making At The Metropolitan Council *Decisions actually made upon agreement of Met Council and a semi-independent transit advisory board. *Long-range policy and mid-range implementation planning by Met Council. *Met Council establishes annual funding level: *Met Council and Transit Advisory Board receive and allocate public funds. *Met Council arranges all transit services . *Services delivered by MTC, other providers and local units . Model III : Decision Making In A Regional Transit Agency (RTA) *A non-operating metropolitan-wide transit agency established as a new independent agency. *RTA responsible for long range planning. *RTA responsible for mid-range implementation planning, subject to Met Council approval. *RTA establishes annual funding level jointly with a Transit Advisory Board (TAB) . *RTA and TAB would receive and allocate funds. *RTA arranges all transit services. *Services delivered by MTC, other providers and local units . Model IV: Sharing of Decision Making Between Regional Agencies and Local Units . *Increases authority of local governments who would sharp responsibility for transit with Met Council. *Model would include a TAB and expanded financial and service planning requirements . *Met Council responsible for long-range planning. *Mid-Range implementation planning done by: A. MTC - for fully developed areas B. Local governments or subregional joint powers agencies - outside fully developed areas . *Met Council establishes annual funding level. *Met Council - TAB receive and allocate funds. (A subregional transit agency would receive funds from Met Council to distribute) *Services outside MTC service area would be arranged by local government units or subregional agency. *Service provided by MTC in service area and under contract outside service area . STAFF PROPOSED MODEL 1 . Decision making at the State level (MnDot ) . 2. The legislature would expand MnDot and its responsibilities to include a metropolitan advisory board consisting of officials from local governments which provide transit. 3 . Long-range policy planning by Met Council. 4 . Mid-range implementation planning done by: A. MTC - fully developed area B. Local unit or joint powers agency - outside fully developed area. 5 . MnDot determines annual funding level and mix of revenue sources for all transit services in the metropolitan area subject to annual legislative approval and evaluation. 6 . MnDot receives all public funds and allocates available funds to providers of services . 7. Services outside MTC service area arranged by local units or subregional joint powers agreement. 8 . Service provided by MTC in its service area and service provided under contract outside its service area. RECOMMENDATION The staff recommends that the City of Shakopee responds to the alternative transit structures as outlined for the January 18 , 1984 hearing of the Legislative Task Force. Further, the staff should pre- sent the proposed model to the Task Force for consideration. ACTION REQUESTED Move to approve the proposed transit structure model as prepared by staff and request that said model be presented to the Legislative Task Force on Metropolitan Transit. City of Shakopee POLICE DEPARTMENT 476 South Gorman Street SHAKOPEE, MINNESOTA 55379 Tel. 445.6666 TO: Mayor, Council Members FROM: Tom Brownell, Chief of Police SUBJECT: Snowmobile Licensing DATE: January 12, 1984 INTRODUCTION Council directed staff to explore the feasibility of requiring a larger license to be affixed to snowmobiles to more readily identify violators. BACKGROUND Minnesota State Statute 84 .85 - No political subdivision of this State shall require licensing or registration of snowmobiles. The rest of Council ' s request to impound snowmobiles, etc. , when in violation of the city code is implemented with the adoption of Ordinance No. 141 , under item 11a in this agenda. go -Sazve 7o ipwtset City of Shakopee " P POLICE DEPARTMENT 476 South Gorman Street SHAKOPEE, MINNESOTA 55379 Tel. 445-6666 TO: Mayor, Council Members FROM: Tom Brownell, Chief of Police SUBJECT: Vehicle Light Bar/Siren Purchase DATE : January 12, 1984 INTRODUCTION $4 , 000 is budgeted in 1984 for the replacement of four light bar and siren units for police vehicles . BACKGROUND Quotations have been obtained from three vendors for the purchase of four Federal light bar and siren units. The Federal unit has an aerodynamic profile for improved economy and directional strobe lights for greater visibility. Uniforms Unlimited 761 . 20 per unit - 3044 .80 Don Streicher, Inc . 1019 . 00 per unit - 4076 . 00 Miltown, inc . 1062 . 00 per unit - 4248 . 00 The Uniforms Unlimited bid is based upon a cooperative purchase, quantity discount between the Shakopee , and Oakdale Police Departments . RECOMMENDATION Purchase four Federal light bar/siren units from Uniforms Unlimited for $3044 .80 . COUNCIL ACTION REQUESTED Authorize the purchase of four Federal light bar/siren units from Uniforms unlimited for $3044 . 80 . go S- r,rur �:7o i-PaoEect MEMO TO: City Council FROM: LeRoy Houser/Building Official RE: Fee Schedule DATE: December 1 , 1983 Introduction: Most communities are charging a plan check fee for residential building permits , as provided in the Building Code . We have not been doing so. Background : The code provides we may charge 65% of the building permit fee cost for plan review on residential building permit applications . A one hundred dollar building permit fee would generate an additional sixty-five dollars . Based on past volume , I think it would provide for an additional $4,000. 00 per year income for the City. Alternatives : 1 . Change the fee schedule to allow us to collect a plan review charge on residential building permit applications . 2. Don' t change the fee schedule regarding plan review charges . Recommendation : Charge the plan review fee . Action Requested : Authorize proper City Officials to change the fee schedule allowing the City to charge a 65% plan review fee on residential building permit applications . NO LH: cau Attachment C�n2q �•�� Ca. ICC Action: On 1/11/84 the ICC unanimously approved charging a plan check fee of 65% of the residential building permit application fee . 304 UNIFORM BUILDING CODE •Y Fees Sec.V4.(a)Permit Fees.The fee for cath permit shall be as set forth in Table yt fir=; The determination of value or valuation under any of the provisions of this Calc 0 j ti> shall be made by the building official. The value to he used in computing the building permit and building plan rcvicw fees shall be the total value of all '' . `�4ks construction work (lir which the permit is issued as -ell as all finish \\ork, r r painting.roofing,electrical,plumbing.heating,air conditiooine.elc\'at+rrs,tire- extinguishing systems and any other permanent Coluymrcnt. (b)Plan Review Fees. When a plan or other data arc required to be submitted I,v Subsection ib)of Section 302. a plan review fee shall he paid at the(titre of • submitting plans and specifications for review. Said plan review fee shall he 65 l\ercent of the building permit fee as shoNn in'liihlc No. 3-A. \\'here plans are incomplete or changed so as to rcyuire additional plan review, in additional plan rc\"iew fcc shall be charged at the rate sho\cn in rable No. 3•A. .jr• Arlel Expiration of Plan Keyiew. Applications for \\bleb nu permit is issued within 180 days following the date of application shall expire by limitation, and x_ `. ', S plans and other data submitted for rcvicw may thereafter he returned to the r applicant or destroyed by the building ulfki:d.The building official may extend ��.,�,� ;• the time for action by the applicant for it period not exceeding ISO days upon ��� •.% reyueat by the applicant showing that circumstances lxyond the Cuntnd of the applicant have prcvcntcol action from being taken. No application shall be • extended more than once. In order to renew action on an application after expiration,the applicant shall resubmit plans and pay a new plan review fee. + t id)Investigation Fees:Work Without a Permit. 1. In%estigation.Whenever am \\tick for which a permit is required by this ccxle has been commenced without - T tii,i oht ranine said permit, a.peeial mi\cstil':gioui shall be Ilia&hcfory a permit ti 4 ma\ be issued for such cork. 2. Fee. An investigrtion fee, in addition to the permit fcc, shall be collected a whether or not a permit is then or subsequently iswcd.The investigation fee shall be equal to the armour( of the permit fee require) by this code. The minimum investigation fee shall he the sanie as the minimum fee set forth in Table No. 3•A. The payment of such investigation Ice shall not exempt any person from cornpli- pY anCc with all other n,yisiuns of this code nor from an) l'c nal( prescribed by law Is Y (e) Fee Refunds. 1. The building official may authorize the refunding of any r.i, r• tee paid hereunder which\\as erroneously paid or collected. The building official may authorize the refunding of not more than 80 pCrcrnt of the permit fee paid when no\\tick has been done under a permit is,ucd ' . .: in accordance with this code. 3. The building official may authorize the refunding of not more than 30 • "e percent of the plan review fee paid when an application for a permit for which a .44+. 3 ', r plan review fee has been paid is withdrawn or canceled before any plan rc\ic\s ing { is done. as, The building official shall not authorize the refunding of any fee raid except «. 34 i S n YYtt�,`'r��.`j!`tit• c •:,- .mss:.s F � f. n •r.1 307,3-A UNIFORM BUILDING CODE hazard will result from occupancy of any building or portion thereof before the same is completed,he may issue a temporary Certificate of Occupancy for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure. (e) Posting. The Certificate of Occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the building official. (f) Revocation. The building official may, in writing. suspend or revoke a Certificate of Occupancy issued under the provisions of this code whenever the certificate is issued in error.or on the basis of incorrect information supplied,or when it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. TABLE NO.3-A—BUILDING PERMIT FEES TOTAL VALUATION FEE $1.00 to 5500.00 $10.00 $501.00 to$2,000.00 510.00 for the first$500.00 plus 51.50 for each additional 5100.00 or fraction thereof.to and including 52.000.00 52,001.00 to 525.000.00 $32.50 for the first 52.000.00 plus 56.00 for each addi- tional $1,000.00 or fraction thereof, to and including $25,000.00 525.001.00 to$50.000.00 $170.50 for the first $25.000.00 plus 54.50 for each additional 51.000.00 or fraction thereof,to and including 550.000.00 550,001.00 to$100,000.00 5283.00 for the first $50.000.00 plus $3,00 for each additional$1.000.00 or fraction thereof,to and including $100.000.00 5100.001.00 and up $433.00 for the first $100.000.00 plus 32.50 for each additional 51.000.00 or fraction thereof Other Inspections and Fees: 1. Inspections outside of normal business hours... .. . . ..... .......$15.00 per hour (minimum charge—two hours) 2. Reinspection fee assessed under provisions of Section 305(g) 515.00 each 3. Inspections for which no fee is specifically indicated ............... ... ....... . ..... .. ..... ..... ....$15.00 per hour (minimum charge—one-half hour) 4. Additional plan review required by changes,additions or revisions to approved plans.. .. . ..... ... .. ... . ...........$15.00 per hour (minimum charge—one-half hour) 40 MEMORANDUM TO: John K. Anderson/City Administ -- � FROM: H.R. Spurrier/City Engineer , _ RE: Pavement Preservation Progra DATE: January 17 , 1983 Introduction: Attached is a letter from Francis D. Hagen, Sr. , Westwood Planning and Engineering Co. , regarding what I have referred to as the collector street study for the City. Background: The study proposed here would identify the collector streets required between 10th Avenue and 1st Avenue and Marschall Road and Harrison Street . At the present time there is a uniform distribution of commercial vehicles using the north/south and east/west streets . As a result , any reconstruction would require a nine ton design so that the streets would not be damaged by the anticipated loading. The purpose of this study is to identify the streets most appropriate to carry approximately 5 ,600 cars each morning and each night between 10th Avenue and 1st Avenue , while be sensitive to the im- pact on local residents . As the area between the bypass alignment and 10th Avenue develops there will be a growing impact on these streets . This study will help mitigate potential problems resulting from the development . It is my recommendation that the City accept the proposal from Westwood Planning and Engineering to undertake this work. It is an appropriate time to undertake the work because the workload at Westwood is such that this study could be undertaken at once which would provide the information for incorporation in the 1984 Pavement Preservation Program. Action Requested: Direct proper City Officials to accept the proposal from Westwood Planning and Engineering and authorize Westwood Planning and Engineering to proceed with the study. HRS : cau Attachment MEMO TO : John K. Anderson, City Administrator FROM: Thomas G. Brownell , Police Chief /6 RE : Vehicle Towing Contract DATE : January 10, 1984 INTRODUCTION: Attached is an agreement prepared by Philip Kanning of Krass , Meyer, Kanning & Walsten for towing services for the City of Shakopee . Item 11 requires the contractor to assume responsibility for removing debris resulting from an accident from which they are towing a vehicle . S .M. Hentges of Tri-S Towing Company was the only bidder for this contract . ACTION REQUESTED: Authorize the proper officials to execute an agreement with Tri-S Towing Company to provide towing, impounding and storage of motorized vehicles for 1984. TGB/ldd Attachment AG"EMENr THIS AGREEMENT, made and entered into this day of , 19 by and between the City of Shakopee, hereinafter referred to as the "City," and hereinafter referred to as the "Contractor." WITNESSETH: WHEREAS, the City of Shakopee desires to enter into a contract for the towing, impounding, and storage of motor vehicles. WHEREAS, the Contractor is the operator of a towing and storing facility located in the City of Shakopee and is desirous and willing to enter into such a contract with the City; NOW, THEREFORE, the parties hereto, for and in consideration of the covenants hereinafter set forth, agree as follows: 1. The Contractor hereby agrees to tow, impound, and store all motor vehicles which are ordered removed under the direction of the Police Chief of the City of Shakopee or persons so authorized by them. 2. The Contractor shall have satisfactory equipment and personnel to provide immediate service on all vehicles ordered impounded by authorized City Officials at all times, twenty-four (24) hours a day, seven (7) days a weeK, holidays included. 3. The Contractor shall own or have available to the City of Shakopee, ,'Minnesota, the following equipment: A. A minimum of two (2) tow trucks having a gross vehicle weight of eight thousand (8,000) pounds or more, equipped With a crane and winch, and further equipped to control the movement of the towed vehicle; and B. Equipment sufficient to move a completely demolished vehicle on dollies or low-bed trailer. t �:.. The Contractor agrees to maintain said equipment in good condition and repair. The City reserves the right to inspect the Contractor's equipment from time to time for the purpose of determining whether the equipment is in good condition and repair and in conformance with the terms and conditions of the Agreement. 4. All storage and parking lot facilities and equipment of the Contractor must be located within the City limits of Shakopee, :Minnesota. The storage and parking lot facilities of the Contractor shall meet all applicable state building code standards and municipal license and zoning requirements, including those relating to screening and landscaping. 5. The Contractor shall control and operate facilities capable of storing a minimum of two (2) vehicles inside and facilities capable of storing a minimum of ten (10) vehicles outside. It is further agreed that vehicles will be stored inside only when so directed by an autnorized City Official. 6. The Contractor assumes full responsibility for the conduct of its employees and guarantees tnat its employees will respond promptly to calls, use safe and adequate equipment, be clean in appearance, use decent language, and treat the public courteously at all times. 7. The Contractor shall be solely responsible for the loss or damage to any motor vehicle, including its equipment and contents, from tae time the vehicle is turned over to the Contractor or his agent by an authorized City Official until such time as the vehicle is released to the registered or actual owner or agent thereof. 8. The Contractor agrees to maintain proper records of all vehicles received. These records shall be approved by the Police Chief of the City and -2- are to be available at all times for inspection by authorized City Officials. The records shall include a copy of the police impounding report. The Con- tractor must submit to the Police Chief of the City monthly reports to vehicles stored and released. The contents of these reports shall oe determined by the Police Chief of the City. 9. All vehicles towed or impounded for the Police Department of the City are to be released by the Contractor only upon the showing of a release form issued by the Police Department of the City. Either the Contractor or his employee(s) must be present at the Contractor's parking facility or on call at least between the hours of 7:00 a.m. and 6:00 p.m. , Moad ay through Friday, and on Saturday from 8:00 a.m. to 12:00 p.m. , and Sunday from 12:00 p.m. to 5:00 p.m. , for the purpose of releasing vehicles to authorized claimants. 10. It is agreed that motor vehicles will not be driven during the towing procedure. Where a motor vehicle is without tires or has flat tires, the Contractor agrees to tow the vehicle without damaging the wheels and further agrees not to tow a vehicle on its rims, on wheels without tires, or on flat tires. 11. When the Contractor arrives at the scene of a tow where a motor vehicle accident has occurred, the Contractor assumes responsibility for removing, without charge, any vehicular parts or other debris resulting from the accident. 12. The Contractor shall be entitled to a charge for its towing and storage services pursuant to those fees specified in the following schedule. These fees shall apply only when the car is towed to the Contractor's storage area at the direction of the City of Shakopee. Towing requested by vehicle owners shall be subject to fees agreed on between the Contractor and the owner including charges for towing vehicles outside the City of Shakopee. -3- y A. Towing Charges Type I, all tows which involve a vehicle which is on or immediately adjacent to a public street or alley and which can be secured for towing with the usual type of winching. $ 0�r O Type II, all tows which involve a vehicle which is not on or immediately adjacent to a public, street or alley and which requires an unusual amount of winching to secure it for towing by one tow truck or the use of a dolly to tow the vehicle. $ Type III, all tows which involve a vehicle that requires, and for which a specific request has been made, two or more tow trucks. NOTE: The designation as to the type of tow performed will be made by the duly authorized agent of the City. Any disagreeraent with this designation shall be made in writing to the City Administrator within 24 hours. B. Towing of Large Vehicles Towing of vehicles of moFe Lthan five (j) ton factory rated capacity. $ Ste, �tictp � 3vt ` C. Reclaimed Vehicles at Scene If an operator of the Contractor is called to tow a vehicle and after arriving at the scene of the tow, tine owner appears to claim said vehicle, the vehicle may be turned over to the owner provided the police authorize the release of the vehicle and the towing operator is paid a service fee in the amount of one-half (1/2) of the Type I towing charge. D. Storage Charges 1. First 24 hours or fraction thereof A. Inside storage L'cc B. Outside storage $ ° 2. Each additional 24 hours or fraction thereof A. Inside storage $ `0 p B. Outside storage (,°C The City shall not be responsible to the Contractor for the payment of any charge for towing; and/or storage. 13. Should the Contractor fail to appear at the designated point of tow within twenty (20) minutes after a call, the City reserves the right to -4- call another tow service to perform the work. If the Contractor is called for a tow and is unable to respond, it must immediately so inform the City Official or department requesting the tow, and the City hereby reserves the right to call another tow service to perform the work. 14. This Agreement will not be executed nor snail the Contractor commence work under this Agreement until the Contractor nas established that it has obtained the insurance coverage set forth below and that said insurance is in full force and effect vita, respect to all operations of the Contractor. The Contractor agrees to furnish to the City a copy of the policy or policies issued thereto, which shall be in force on the date of the execution of the Agreement and shall continue for a period equal to the duration of the Agree- ment. The following coverage is required: A. Public Liability insurance including general .Liability and automobile liability as follows: 1. Bodily Injury Liability in the amount of at least $250,000 for injury or death of any one person in one occurrence. 2. Bodily Injury Liability in the amount of at least $5UO,000 for injuries or deaths arising out of any one occurrence. 3. Property Damage Liability in the amount of at least $50,000 without aggregate limit for any one occurrence. Such property damage insurance snail include coverage for property in the care, custody, and control of tae Insured. 4. Garage Keepers' Legal Liability policy in the amount of at least $30,OOU. Each of these policies shall carry an endorsement which reads: It is understood and agreed that the insurance provided under the undermentioned policy and endorsements attached thereto, is hereby extended to apply to the liability imposed by law on the City of Shakopee for bodily injury and for damage to property, which liability is assumed by the Insured under the towing Agreement between the City of Shakopee and the Insured. -5- • � n - . B. Workmen's Compensation Insurance covering all employees of the Contractor working in the job in accordance with tae Minnesota Workmen's Compensation Law. C. Cancellation Notice The policy shall provide for 10 days' notice to the City before any changes or cancellation of each policy becomes effective. 15. The Contractor shall defend, indemnify, and hold harmless the City, its employees and agents, from any and all claims, causes of action, lawsuits, damages, losses, expenses on account of bodily injury, sickness, disease, death, and property damage as a result, directly or indirectly, of the operations of the Contractor in connection witn tae work performed under the Agreement. In the event any such action is brought therefor against any said indemnities, the Contractor shall assume full responsibility for the defense thereof; and upon its failure to do so oa proper notice, the City shall have the right to defend such action and to charge all costs thereof to the Contractor. lo. The Contractor shall operate its parking facility is compliance with the terms of this Agreement and all applicable lass, ordinances, rules, and regulations which are now in effect or which may hereafter be adopted. 17. It is mutually understood and agreed that no altercation or violation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. 18. In the event of a breach by Contractor of any term or condition of this Agreement, tae City shall have, in addition to any otner legal recourse, the right to terminate this Agreement fortnwith. 19. This Agreement shall be for a period from January 1, 1984, to December 31, 1984; provided that either party may terminate the same by ninety (90) days' written notice to the other. -6- 20. A copy of this Agreement and a schedule of the fees authorized shall be posted in a conspicuous place in the Contractor's garage. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their appropriate officers and their seals affixed as of the day and year first above written. CITY OF SHAKOPEE: By Its CONTRACTOR: isy Its - LIGHT DUTY Y WF--(E(---'I-:.'.ER JANUARY 1 , 1484 SMALL WRECt:;EFS Passenger cars, 1 i ght duty ans, 3--/4 ton pi,r. LOCAL_ TOWS Shat::opee City Limits. . . . . . . . . . . . . $30. 00 LOCAL_ 'TOWS - Chaska, Jordan, Prior Lat.-.-e,Savage. .35.Cud Flatbed/ .(:oreign cars. . . . . .. . . . . . . . . . . . . . . . . 40.00 L._ONG DISTANCE 1 TON. . . . . . . . . . .. . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . `.5. 00 - $. :75 PER mile round trip FL..ATDED--Motor-cycl es,car,etc, (local ) . . . . . . . . . . . . :YO. 00 HEAVY DUTY WRECk'ER LOCAL TOWS-- Shakopee City L.i.mi t.. . . . . . . . . . . . . . . . 0. 00 LONG DISTANCE. . . . . . . . . hon t:: ..IJP. . . . '' . i ri s 9mi I e RECOVERY OF: VEHICLES I ton Wrect.-:ers. . . . . . . . . .. . a .. . . X45. 00/hour 1 ton Flatbed. . . . . . .. . . . . . . . .. . .45. 00/hour 2 1/2 ton Wreck:er. . . . 60. 00/hour 600 Holmes Wrecker. . . . :: :, . . . . . . 85.00/hour 750 Holmes . . . . . . . . . . .. 1 O0. 00/hour Additional Mari. . . . . . . . . . . . .. . .. 225. 00/hour Dollies. . . . . . . . . . . . . . . . . . . . . . . 20.00 additional Transmission pins. . . . . .. . . . . . . . ?. Gig additional. Drive L..i ne removal . . . . . . . . . . . . 15. 00 additional STORAGE FATES Car- & pl.) stor-agp. . . . . . . . 6. 00 outside Tractor=. . . . . . .1 . . . 1 . . . . . . . .. . lit. iris Trai l er=. . . . . . . ., . . . . 10- 00 St.crt`age rate= charged L:;y calendar days 9a. m. to 9a, m. G W Memo To: John K. Anderson, City Administrator From: Gregg Voxland, Finance Director Re: Bill List for 1/ 17/84 Council Meeting Date: January 17, 1984 The totalsshown on page 9 of the computer bill list for 1983 are incorrect. The correct totals are: $39, 608.17 Fund 01 Total General Fund 64. 97 15 HRA 368.75 56 80-1A Imp. 3, 001.00 60 82-B Imp. 531 .48 81 Payroll Trust 562.00 83 Utility Trust $44, 136.37 This makes the grand total of bills for Council approval $1,033, 905.81 instead of $2, 417,888.62. GV:mmr L n n • none • c N n t n o w e o ry N ry N N r m n e 3i- --- - - �.•• - � ___ ry h N N N R n .N•r , C n 6 P G - _ --------------- - n � n n n r n Q Q Q a t • O a m P VN n h n• n c p .. N -�` y 1 u v f 1 Yff I co 1 t y i U W Q • • ♦ 1 1 ! t < 0 • a • • a = ♦ + • i I d is � • a 1 • N O � i n � O >t d J tA M � a M 30 C ry I d J► •-••-MMd.O ^•- N NN N •- ^Nh M ^ O N N N N N ^N N M N P M a s N ZZ ^ ^d ^ ^ 2 J J ^^•�MMJ�p r,•.. J •.^M N r•, ^N\ H .,• 1 1 ^ 1 , M ^^••N p. 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O N r 1 _-I V) N N N O O -:r m 00 .-1 -7 crl c- M 14 n -:T � .-1 -7 4i w w w w w �p M rw r-1 C 1 ID O L cn• �.1 .d N r+ b G G O b p 00 U O O O O O O O O O O O O O O 4 O O O GW H CU U -4 r-1 .-4 -4 .-i � .--1 r4 .•-r -4 ..4 .-i —4 r1 Lia 14 P+ O O O O O O O O O O O O O O O O O R1 r4 Q -4 r4 —4 .-d 1-1 .--1 1-4 .•i* )-1 O C) N H �' .--i rl .-� .-1 r••I L!'l .-i .•1 .--1 r-1 .-� .-i r-I .� .--� .•r r-i (n G , 00 •+ 00 00 00 00 00 co00 O O O O r 4 a) 0Q) co � v o 0 o r` ro ca x cn a � rr HoLn � o , P w .-1 N M (7% O-4 O O O O O O O OO 00 — .1 4 O O o O O O O O -+ --1 �7 M 00 -: o 0 0 0 6 0 0 0 m -+ N M . 1 O a% O O O O O O O 00 00 i t r+ M .-1 n O •-+ O O O O O O O r A •-+ T M N O Lr 9 r_ .-1 1 O M 0 6 6 •-1 N to U .-d u'1 M m cd Q\ � O� ON O� m O\ ON N M Lf) d M I�t -4 Ol Oj 1-4 .•-4 cr1 -4 .-.4 r-i -4 .-1 r--4 1-1 _-1 14 r O O O r\ 00 r+ 00 00 00 O0 00 00 00 O O O O 1- _ / Cm TO: John K. Anderson, City Administrator FROM: Jeanne Andre, Community Development Director RE: Appointment to Industrial Commercial Commission DATE: January 13 , 1984 INTRODUCTION: At its January 11, 1984 meeting, the Industrial Commercial Commission ( ICC) discussed the resignation of Jim O 'Neill and asked Mr. O 'Neill to reconsider his decision not to seek reappoint- ment to the ICC at this time. BACKGROUND: At the ICC meeting Mr. O 'Neill explained that he had not sought reappointment to the Commission because he realized he would be unable to attend a number of the regular ICC meetings in the next six months . Due to the strict attendance rules of the Commission, he determined that he should not seek reappointment only to be remov- ed for lack of attendance. The remaining Commission members judged that temporary, prearranged absences would be acceptable if Mr. O'Neill were to remain involved in the day-to-day activities of the Commission. Under these conditions , Mr. O 'Neill indicated his interest in continuing on the ICC and the Commission moved to recommend to the City Council that he be reappointed. I explained to the ICC that the City Council has a policy of nominating at one meeting and appointing at its next meeting to allow full consideration of all the candidates . In view of this policy, the Council has the following alternatives to resolve the problem presented by the ICC recommendation. 1 . Stick to the policy of nominating at the meeting prior to meeting at which appointments are made, thereby leaving Jim Weeks as the sole nominee for the opening on the ICC. 2 . Move to reopen nominations for appointment to the ICC, nominate Jim O 'Neill, and fill the one open position from the two nominees, either at the January 17th or February 7th meeting. 3 . If Mr. Weeks has been appointed to some other Commission, he no longer desires to be considered for the ICC. In this case nominations could be reopened and a vote on the nominees could occur at either the January 17th or February 7th meeting. 4 . With alternatives 1 and 2 above, the City Council could also indicate a willingness to increase the number of members on the ICC by one if this is judged a desirable alternative by the ICC. /ems MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk f '�--,,..el RE : Appointments to Boards and Commissions DATE : January 10 , 1984 INTRODUCTION: On January 3rd Council made nominations to expiring terms on City boards and commissions . It would be in order for appointments to be made at this time . NOMINATIONS AND NUMBER OF OPENINGS : Police Civil Service Commission ( 1 Three Year Term) Dan Steil* Community Services Board ( 1 Two Year Term) Nancy Christensen* Shakopee Public Utilities Commission ( 1 Unexpired Term Through April 1984) Randy Gorman Jim Kephart James Weeks Industrial Commercial Commission ( 2 Three Year Terms ) John Manahan* James Weeks Cable Comrnunications Advisory Commission ( 1 Three Year Term) Bill Harrison* Planning Commission ( 2 Four Year Terms ) Lee Stoltzman* Fred Coller* James Weeks Charles Mensing Karen Briese Energy and Transportation Committee ( 2 Three Year Terms ) Glenda Spiotta James Weeks Community Access Corporation (Minimum of Seven) - Initial appointments , stagger terms 1 year , 2 year and 3 year Jim Abbott Gary Morke Karen Briese Dennis Roske Bill Harrison Clifford Stafford Barbara Hegfors Robert Ziegler %Incumbents with terms expiring. Appointments to Board and Commissions Page 2 January 10, 1984 Mr. Weeks submitted a letter willing to serve on any commission. In a telephone conversation, he advised me that he would prefer serving on the SPUC or ICC as a first choice or on the Planning Commission as a second choice . He isn' t really interested in Energy and Transportation or Cable . He did indicate that he would like to serve on only one commission. He also pointed out that he works for Citizens State Bank and that SPUC does use Citizens for its financial needs . Karen Briese has advised me that she is available to serve on one commission and of the two she expressed an interest in, she favors the Community Access Corporation. ACTION REQUESTED: a ] Make appointments to commissions where there is only one nomination. b] Ballot to fill other openings . I will separate the attached ballot so that you can vote for candidates for one commission at a time . JSC/ldd Attachment /C. 'V.1' Shakopee Public Utilities Industrial Commercial Commission Vote for 1 Vote for 2 Randy Gorman John Manahan Jim Kephart James Weeks James Weeks Signed Signed _ Planning Commission Community Access Corporation Vote for 2 Minimum of 7 Karen Briese Jim Abbott Fred Coller Karen Briese Charles Mensing _ Barbara Hegfors Lee Stoltzman Gary Morke James Weeks Dennis Roske Clifford Stafford Robert Ziegler Bill Harrison Signed Signed Energy & Transportation Vote for 2 Glenda Spiotta James Weeks Signed I r t ORDIivANCE NO. 141 Fourth Series j An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 8 of The Shakopee City Code Entitled "Traffic Regulations" by Enacting a New Subd 4 to Section 8.99 entitled "Violation a Misdemeanor or Petty Misdemeanor". THE CITY COUNCIL OF THE CITY OF SHAKOPEE ORDAINS: SECTION I: A New Subd 4 to Section 8.99 entitled "Violation a Misdemeanor or- a petty misdemeanor" is adopted as follows Subd 4 Any vehicle used in or during the violation of any provision of Section 8.30 shall be impounded for 60 days in addition to any other penalty provided in Section 8.99. SECTION II:- General Penalty Provisions Adopted The Shakopee City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code including penalty provisions" and Section 8.99 entitled "Violation a Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety by reference as though repeated 7rbatim herein. SECTION III: - When in Force This ordinance shall be published once in the offical newspaper of the City of Shakopee and shall be in full force and effect on and after the date of such publication. Adopted by the Shakopee City Council this day of 1984. ATTEST: _ Mayor of the City of Shakopee City Clerk Approved and prepared as to form this 4th day of January, 1984. C 1 I City Attorney _ __--- MEMO TO: City Council FROM: LeRoy Houser/Building Official RE: Public Works Garage Door Bid DATE: January 16 , 1984 Introduction: The bid opening for the replacement of the overhead doors for Public Works was held today. Background: The following bids were received for the overhead door replacement . R. E. Oslund $12 ,218 .00 D. C. Peterson Door Co. $10 ,995 . 00 Industrial Door Co. $ 6 ,280 . 00 The Industrial Door bid was not in accordance with the invitation to bid sheet . The instructions specifically stated a 20 gauge steel door. Industrial Door ' s bid was for a 24 gauge unit , con- siderably lighter than what was requested. The 20 gauge door assembly is necessary due to the usage they receive at the Public Works building. Also, the bid from Industrial Door did not include installing weather striping. Action Requested: Award the bid to D.C. Peterson Door Company in the amount of $10 ,995 . 00, for the replacement of the overhead garage doors at the Public Works building. LH: cau CITY OF SHAKOPEE INCORPORATED 1870 129 E. First Ave. . Shakopee, Minnesota 55379.1376 (612)445.3650 A ' a January 20, 1984 The Honorable City Council City of Shakopee Shakopee , MN 55379 Mayor Eldon Reinke has notified me , John K. Anderson, City Administrator of Shakopee , that a Special Meeting of the City Council will be held at 5 : 00 p.m. on Monday, January 23, 1984 in the Council Chambers of the City Hall for the purpose of hiring a secretary for the Community Development Department , and for any other business which / may come b efQre the Cc;5. � , /� If you areble to al d at thi -ime, please let me know. Sincerely, vt John K. Anderson, City Administration JKA/bn cc : KSMM Shakopee Valley News TO: John K . Anderson , City Administrator FROM: Jeanne Andre , Director of Community Development RE: Hiring of Community Development Secretary DATE: January 18 , 1984 INTRODUCTION: The City has advertised to fill the position recently vacated by Jane VanMaldeghem. January 13 , 1984 was the deadline for applications . It is desirable for the City Council to act on the appointment as soon as possible in order that notice can be given to the current employer and the department secretary can start early in February. BACKGROUND: Twenty-nine applications were received by the January 13th dead- line . Seven candidates were interviewed on January 16-17th. Toni Warhol is recommended for appointment . She currently works for the City of Hopkins at a salary of $15 , 000 per year. She has also worked for the cities of Minneapolis , Bloomington and Prior Lake for a total of eleven years of municipal experience . Her prior responsi- bilities in these positions have included work with planning, zoning, building inspection , council agendas , minutes , elections , cashier and licensing. It is recommended that she be hired with two years of service credit, which would start her at step three with a salary of $14 ,496 per annum. She is to provide her employer with a two week notice of termination which would allow her to start approximately February 6 , 1984 , if approved by the City Council on January 23rd . As part of her terms of employment she has agreed to take an evening shorthand course. Taking this position will significantly reduce hPr daily commute from Prior Lake . RECOMMENDED ACTION: Authorize the hiring of Toni Warhol as Community Development secretary effective February 6 , 1984, or thereafter , at a salary of $14 , 496 per annum with two years service credit on the clerical plan . �- ilii illI, L [1U, league of minnesota cities January 19, 1984 TO: 1983 Revenue Sources Committee FROM: John Anderson, Chair RE: League LGA Policy Process The League Board has met to consider the procedure to be used for the League to again try to reach a consensus position on the LGA formula. The recommendations and comments of the Revenue Sources Committee were taken into account as the Board developed this process. It was felt that a relatively small (12 people) group should look at the policy issues - which are the most difficult to deal with. It was also felt that elected officials should be the ones responsible for dealing with these most sensitive policy issues. Two advantages of the process adopted by the Board are: 1) membership review and input at the annual meeting; 2) involvement of the 1984-85 Revenue Sources Committee in actual development of a formula; 3) 1983 Revenue Sources Committee members (elected) will receive special consideration for appointment to the special LGA Police Task Force. JA:glb 1 83 university avenue east, st. paul, minnesota 551 01 [61 2] 227-5600 ..4 Jill January 6, 1984 TO: Board of Directors FROM: Bob Anderson Steve Perkins Liz Witt RE: Recommendations for a process to formulate an L11C policy on LGE-, Januar,: 1 . President Anderson appoints a special LGA Policy Task Force a. 12 members b. All elected officials 2. Board agrees on a charge to be given to LGA Policy Policy Task Force. Charge to contain specific questions for Task Force to answer, relating primarily to the purpose of LGA. Task Force instructed not only to answer questions, but also to provide reasons for their decisions. 3. Steps of process publicized to membership. Feb. to Mid-April 4. Task Force reports to Board at its mid-April meeting. Mid-April to 14-id-May 5. Task Force's report publicized to re^bership. Written comments requested. Mid-May 6. Board approves preliminary LGA Policy pos itior. based on Task Force report and member feedbacic. Mid-June 7. Board presents LGA Policy report to nembership, caking sure enough time is available to present facts and background. Opportunity for comment. and criticism by members. 1 82 university avenue east, st. Paul, minnesota 55101 r612) 227-5600 Before end of Conference? Late June? 8. Board adopts final LGA Policy position as Board policy, and forwards to Revenue Sources Committee. Charges Revenue Sources to develop LGA formula that is consistent with LGA Policy. July-Jan. 9. Regular LMC Legislative Policy Process - Top priority for Revenue Sources Committee is agreement on a specific formula that can be lobbied by the League before the 1985 Legislature. BA:ST:LW:mk �1 r a9• t.� ._. ;�'� l i' 3 if, - ;� ibex January 6, 1984 TO: Board of Directors FROM: Peggy Flicker and Peter Tritz RE: Charge to LGA Policy Task Force - Draft for Discussion We have prepared this outline based on several assumptions: 1) The'L:"C is going to try to develop a position in favor of a specific LGA formula for consideration by the 1985 Legislature. 2) The process used to develop a position will. consist of the Board defining a work program for some LGA committee (either the 1984-85 Revenue Sources Committee, a special technical committee, or some other mechanism) and for itself. 3) The Board will decide which process and policy questions rust be answered, and by whom (i.e. the Board may make some process and policy decisions itself and thus more narrowly focus the work of an LGA committee) . Charge to LGA Policy Task Force Answer the following questions, provide the reasons for each answer. You may ask and answer additional questions as well. I. What is the purpose of LGA? 1. Is it the purpose of LGA to decrease the property taxes of taxpayers (all classes of property) in cities with high municipal mill rates? 2. Is it the purpose of LGA to decrease the property taxes of taxpayers in cities with high total mill rates? (e.g. combined city, county, school, etc. levy) 3. Is it the purpose of LGA to equalize the ability of cities to raise revenue from the property tax, without regard to either municipal mill rates or spending? 1 83 university avenue east, st. paul, minnesota 55101 (6121227-5600 Board of Directors - 2 January 6, 1984 4. Is it the purpose of LGA to assist cities with special needs (such as high crime rates, aging infrastructure, higher daytime population, large low income population) to pay for their relatively higher cost of government? 5. Is it the purpose of LGA to equalize the mill rates (municipal or total?) of cities located in the same geographic area or region? 6. Is it the purpose of LGA to decrease the property* taxes of taxpayers in cities where the net property tax burden is high (i.e. property taxes are high in relation to the market: value of property). 7. Is it the purpose of LGA to decrease the property taxes of taxpayers ir. cities where property taxes are high :in relation to personal income? 8. Is it the purpose of LGA to distribute state-col.11ected revenues back to cities regardless of relative property tax burdens or municipal expeditur.e levels? (Note - We suggest that you may find :it helpful to first answer a series of questions which set up hypothetical situations. These questions would seek to isolate possible variables in a -formula and force separate consideration of each variable. The answers to this series of questions would also provide a formai_ for making the " step-by-step ose ur findin-s" in a to logical, manner. The �.- purpose b- g hypotheticals following are a sampling of the questions that should be answered.) 1. City A and City B have the same taxable valuation, total mill rate, and city expenditures. City A's population is 10,000 and city B's population is 15,000. Should City A receive more LGA than City B? 2. City A and City B have the same population and total mill rate, but City A's taxable valuation is 25% higher than City B's valuation. Should City B receive more LGA than City A? 3. City A and City B have the same population and taxable valuation, but City A's total mill rate is higher than B's. Should City A receive more LGA than City B? 4. City A and City B have the same population, taxable valuation, and mill rate, but City A's residents have lower incomes than City B's. Should City A receive more LGA than City B? 5. Cities A and B have the same population, taxable value, hill rate, and expenditures. City A does not have a municipal water system. They want a system, but construction of such a system has been prevented since it would be unusually expensive. because of rock ( formations. City B has a municipal water system. Should City A get \`„ more LGA than City B? 1 Board of Directors - 3 January 6, 1984 6. City A and City B have the same population and mill rate (high) . The average taxable values in City A are lower than in City B, so City A's taxpayers pay less property tax relative to their income. Should City B get more LGA than City A? 7. City A and City B have the same population and taxable value. City A's mill rate is. higher than City B's because it provides 'a service (i.e. garbage pick-up) that City B does not. Should City A get more LGA than City B? Does it make a difference if City B does provide the service, but finances it through fees? II. The Grandfather Concept Should the League advocate enactment of any specific LGA formula which would cause cities to receive LGA cuts? PF:PT:rmm:mjk 1/6/84 RESULTS OF THE COMBINED SHAKOPEE HOUSING QUESTIONNAIRES: Total Number of Responses: 227 Current Address: Shakopee 83% Other 17% Ages: Under 50: 30% (13) 50-59: 9% (26) 60-69: 23% (47) 70-79: 16% (21) 80 and Over: 7% (7) No Response: 15% 1) Would you consider purchasing a living unit conveniently located in Shakopee and designed especially for seniors?* 50% Yes 38% No 12% No Response 2) Would you like to buy the unit?** 42% Yes 3) Would you be ready to move if the living unit was available in 2 years? 27% Yes *Of the total 227 responses received, 114 answered "yes" to this question. The numbers in parentheses above show the number of responses in each age category. **On questions 2 and 3, only half of the question could be answered due to the difference in the long and short questionnaire when combined. RESULTS OF THE SHORT FORM SHAKOPEE HOUSING QUESTIONNAIRE: Total Number of Responses: 184 Current Address: Shakopee 84% Other 16% Ages: Under 50: 19% (10) 50-59: 11% (17) 60-69: 28% (38) 70-79: 19% (20) 80 and Over: 9% (4) No Response: 14% 1. Would you consider purchasing a living unit conveniently located in Shakopee and designed especially for seniors?* 53% Yes 37% No 10% No Response 2. Would you prefer renting or buying a unit? 29% Renting 31% Buying 4% Either 36% No Response 3. Would you be ready to move if the living unit was available in 27% Two Years 23% Four Years 50% No Response 4. Would you like more information sent to you? 57% Yes 29% No 14% Undecided *Of the total 184 responses received, 89 answered "yes" to this question. The numbers in parentheses above show the number of "yes" responses in each age category. RESULTS OF THS LONG FORM SHAKOPEE HOUSING QUESTIONNAIRE: Total Number of Responses: 53 Current Address: Shakopee 83% Other 17% Yes No NR 1. Are you presently living in a single family home? 77% 19% 4% 2. Are you married 47%, single 11%, widow 25%, widower 0? 17% Age 55-65: 19% or 7, 65-70: 28% or 12, 75-80: 9% or 3, over 80: 9% or 3.* 30% 3. Do you own your home? 79% 13% 8% 4. Do you feel buying would be more appropriate for your situation? 82% 8% 10% 5. Would you consider purchasing a condominium living unit if it were conveniently located in Shakopee and designed specifically for senior citizens?* 43% 42% 15% 6. Would you be interested in a condominium built with a view of the river bluff and adjacent to a city park north of highway 101? 38% 49% 13% 7. Do you have a relative or friend that might also be interested? 47% 30% 23% 8. Would you be interested in contributing your ideas to the planning of the project? 42% 39% 19% 9. Would you be ready to move if your condominium or rental unit were ready for occupancy within 2 years? 30% 45% 25% 10. How many bedrooms would you require? (Please check one.) (Full kitchen, living room and storage are standard.) One Bedroom 9% Two Bedrooms 21% One Bedroom + Den 19% Two Bedrooms + Den 25% 26% 11. Would you need a garage? 62% 17% 21% 12. What additional services would you be willing to pay a monthly fee ? Congregate Dining 6% Health Care Services 4% 24 Hour Security 17% Others (use reverse side) 0 73% *This shows the numbers & percentages of "yes" responses to question #5 and what age category they fall into.