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HomeMy WebLinkAbout02/07/1984 MEMO TO: Mayor and Council FROM: John K. Anderson, City Adm. RE: Non-Agenda Informational Items DATE: February 1 , 1984. 1 . By now all Council Members have probably read the Article in the paper regarding Tax Rates . If you haven' t the good news can be summarized very briefly. In 1983 , the total mill levee in urban Shakopee was 122 . 601 mills and in 1984, the total mill levee in urban Shakopee will be 110 . 587 mills . The City mill rate dropped from 18 . 720 in 1983 to 17 .465 mills in 1984. The bulk of this good news regarding mill levees cannot be attributed to taxing jurisdictions holding the line. Actually- other factors such as increases in single family home assessed valuation and Ag property assessed valuation mandated by the State caused the reduction in the mill levee, along with correc- tions in physical disparities and the sales ratio that drives most local government aid formulas . 2 . We received official notice from the FCC Monday, January 30th, that they have approved our request for a 5% franchise fee . Jeanne did an excellent job in obtaining this approval and encouraging the FCC to get the notice to us prior to our first billing of Zylstra United under our franchise fee . 3 . Shakopee was not selected for the mortgage revenue authority granted under the Minnesota Housing Finance Agency Program for new home buyers . As we had suspected, the local contri- bution in the form of tax increment financing subsidies was bid up considerably. Jeanne will provide a post-mortem for Council at a later meeting. 4. You probably noticed that both Jim Karkanen and representatives from the Capesius Agency arrived at the 1-17-84 Council Meeting to discuss the Miller and Luebke sewer back-up problem at 8 : 00 p.m. They arrived at that time because I had advised them that that would be the appropriate time to come to the meeting. We didn' t need their input as it turned out , however , I wanted you to know that both parties did come to the meeting to discuss this issue . 5 . The Scott County Library Board has decided to go with the Apple IIe rather than the Franklin Computer for the Shakopee Library. The Computer was in and operational on January 20th and on January 21st 6 adults and 1 student made use of it . Non-Agenda Informational Items Page 2 February 1 , 1984 6 . The City Engineer and I reviewed the City' s action regarding the errosion caused by the drainage off of Presidential Drive onto the Ag fields . to the south. Bo and I recall Council ' s decision to be to take no action, because most of the errosion damage was on City of Shakopee right-a-way and very little affected private property owners . If your recollection of our resolution of this issue was that we were to take action, please let me know Tuesday night . 7 . The City received a Thank You Letter from Governor Rudy Perpich' s office for the City ' s promotion of the Minnesota Energy Conservation Service (MECS ) . If you recall , this was the program encouraging residents to take advantage of the $10. 00 Minnegasco energy check-up on their home . We contacted Susan Moore regarding the MECS program in Shakopee and Susan indicated that there were a total of 59 requests for audits between August and December in 1983 . There was one inspection in August , four in September, thirteen in October, thirty-four in November and seven in December . This small number was in line with the average response in other communities . 8 . On December 27 , 1983 , the Scott County Board of Commissioners voted to table their resolution declaring a phase-out of the annual road and bridge tax appropriation to Scott County Municipalities . The cities have effectively stopped the phase-out for the short term and will be discussing this item at the Joint Committee on County Services within the next two or three months . 9 . Attached is a copy of the resolution approved by the Scott County Board endorsing the Shakopee parimutuel horse racing track in Shakopee . 10 . Attached is a draft policy being considered by Metropolitan Municipalities and the League of Cities regarding the con- troversial issue of comparable worth. A similar policy failed at the League Legislative Policy Committee Meeting in January because of its references to "requirements of the marketplace" . I am giving you a copy of the draft policy at this time because it may be on the Agenda at the League Legislative Policy Meeting in March. If it appears , it will- probably still be a controversial issue and this will allow you some time to digest the information and ask questions of me or even possibly questions of Staff Members at the League . 11 . Attached is a letter from Representative Bill Frenzel regarding H.R. 4102 , the Universal Telephone Act of 1983 . Non-Agenda Informational Items Page 3 February 1 , 1984 12 . Attached is the Monthly Calendar for the month of February. 13 . Attached is the Quarterly Report from the City Attorney for the period ending December 31 , 1983 . 14. Attached is the Building Activity Report for the month ending January 31 , 1984. 15 . Attached is a memo from Rod Krass regarding the status of negotiations between the City and the Developers of the race track. 16 . Delores and Mel Lebens have signed the agreement required to get the Occupancy Permit for the rental unit added to their building. No further action is required on this item. 17 . Attached are the Minutes of the January 23 , 1984 Cable Communications Advisory Commission Meeting. 18 . Attached are the Minutes of the December 29 , 1983 and January 5 , 1984 Planning Commission Meeting. 19 . Attached are the Minutes of the January 5 , 1984 Board of Adjustments and Appeals Meeting. 20. Attached are the Tentative Agenda ' s for the February 9 , 1984 Meeting of the Board of Adjustments and Appeals and the Planning Commission. MEMO TO: John Anderson, City Administrator FROM: Judi Simac , City Planner) ,%j RE: Public presentation on draft Minnesota Valley Comprehensive Plan DATE: February 1, 1984 Background• At a recent meeting, the City Council requested the Planning Commission to review draft Minnesota Valley Comprehensive Plan and forward their comments and recommendations to City Council and the Department of Natural Resources . The Planning Commission discussed the plan at their January 5 , 1984 meeting and many questions were raised that staff was unable to resolve . As a result , arrangements have been made to have Tim Kelly, a planner with the DNR, make a presentation to the Planning Commission at their February 9 , 1984 meeting. Action Requested : Inform City Council members that Tim Kelly of the DNR will be making a public presentation on the draft Minnesota Valley Comprehensive Plan at the February 9, 1984 meeting of the Planning Commission . According to the tentative agenda , the presentation will begin at app- roximately 8 : 30 P.M. i BOARD Of COUNTY COMMISSIONERS SCOTT COUNTY,MINNESOTA ,1 i qRL. R*so►ution NO moti0n by COTmissiow Koniarski S*cond*d Ey Commissioner Mertz _',Di. administration continued: B. Commissioner Koniarski moved, seconded by Commissioner •Iertz, to reconsider the Parimutuei Horse Racing Track Site '_n Scott County. Chairman worm invited the representatives of the Shakopee and Savage sites to comment. Mr. Gary Eastlund, Scottland, -no. , extended a thank you to the Board for time spent to date on this issue and reviewed the progress to date on the Shakopee Parimutuei Horse Racing :rack Site. He read Into the record an excerpt from the December 23, 1983, 'detropolitan Council Report issued on the Shakopee Sate. !Ir. Ray Eormanek, Bloomington, emphasized the `Ietropo.itan Council's response that all proposed Parimutuei Horse Racing Track Sites in the metropolitan area are viable sites, and requested the Board to not endorse a specific site but allow both s'_tes an equa'_ chance to be selected by the Racing Commission. l;r. Eormanek's attorney, J.E. Bunker, asked for a clarification of the anuary 3, 1.984, Board Minutes in reference to the statement made by Mr. Ray .oachim, Metropolitan Council Representative, District =14. ,Is. De'-ores Lebens, Shakopee City Council member, stated her support of the Shakopee Race Tract Site, as did Ms. Gloria Fierling, Shakopee City Council member. .after other discussion, Commissioner %lertz moved, seconded by Commissioner Koniarski, to adopt the following resolution, to-wit. 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 Scoi County Comprehensive Plan; and FOP I d sY4[y :. avri tiF BOARD OF COUNTY COMMISSIONERS SCOTT COUNTY,MINNESOTA Date January 23, 1984 Resolution No Motion by Cor"mimoner Kon i ar s k i Seconded by Commissioner "z r t z 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 fuither, 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. There followed further discussion of the consideration of each site in their compliance with the Scott County Comprehensive Plan and the actions of other municipalities within Scott County, regarding site endorsements. Commissioner !Mertz called the question, whereupon roll call by the Recording Secretary, the resolution was unanimously adopted. cc: Highway Engineer County Attorney Planning Director Mr. G. Eastlund Mr. Ray Formanek Mr. Ray Joachim City Administrators/Clerks File: Parimutuel Horse Racing YES NO Koniarski Koniarski Worm Worm Mertz Mertz Stromwall Stromwall Boepeman Boegeman Ban of MMr».w l ,� Cow" aeea I 1. 1, -P f Pisa.Duh aap01n10d.QUO-f-011"acute cows AnMtarawr for aW f;eun"W sCOH.lfala Of Minnaaou.Oo Mrsey g"y Mat 1 nada" IMM tM teraeOm9 coq al a�L�. i e w -m tM ongna mmums of tM orocMOmps Of ttw eaard of cowry commwuawm seen cow".Mia M than aaabon hm on aW. ID dq of Jan t 9 8 new on nw in my onKa.rN naw bund trr aama to to a trw&WGonaetcc"th~ 23rd January, 1984. Wil/wr n"hWW&W oo cW aW M ShOM s.Mwrws011,ass dM ` v ow"a�raruaafsr 9CA hna t ArYsruh Ool4tas THE ISSUE OF COMPARABLE WORTH The League of Minnesota Cities supports the philosophy of pay equity on the basis of both internal employer job evaluation comparisons and external labor market comparisons. While these comparisons may generate conflicting results from time to time, the concept of pay based on "comparable worth" and externally measured wage rates as measured in a logically derived labor market are the foundation stones of any credible wage policy. Comparable worth therefore should not be considere Aa� e der issue but a generalized issue which revolves around the proposition that wage rates should bear a rational relationship to job content consistent with the necessity of meeting the changing requirements of the marketplace . However , the goals of such a wage structure cannot be realized in an environment where wage rates can be established either by arbitration awards or negotiated with labor organizations with high bargaining power operating within the allowances of a labor relations law. Thus, any Minnesota legislative action which places a requirement on the State' s political subdivisions to adjust wage rates based on measured job content should also modify any existing laws which force such subdivisions to adjust wage rates in a manner inconsistent with measured job content. BILL FRENZEL MINNESOTA OFFICE: !f THIRD DISTRICT,MINNESOTA MAYIETH CHRISTENSEN Room 445 WASHINGTON OFFICE: B 120 PENN AVENUE SOUTH 1026 LONGWORTH BUILDING �y }}�� Q� BLOOMINGTON,MINNNESOTA 664.31 202-225-2871 �Congre�g of the n teb �tate� 812-881-4600 Rouge of Aeprtantatibto 040bington, M.C. 20515 January 30, 1984 W Fri Mr. John K. Anderson City Administrator ' City of Shakopee CIN of SHAKOPEE 129 East First Avenue Shakopee, MN 55379-1376 Dear Mr. Anderson: Thank you for contacting my office regarding H. R. 4102, the Universal Tele- phone Act of 1983. H. R. 4102, reversing the FCC access charge proposal, was passed by the House of Representatives on November 10, 1983. Similar legislation is pending in the Senate, but consideration of the issue is not likely to occur there until next year. I am opposed to the bill, and feel it is both ill-timed and ill-conceived. Rather than protect universal service at affordable prices, I fear that this proposal may undermine our national telephone system. From the beginning, I did not like the idea of breaking up the Telephone Com- pany. One of the unintended, but inevitable, results of the breakup will be greater costs for local service. However, now that national policy has been determined, we ought to be careful about legislating too soon with insufficient knowledge. We should especially try to avoid more unintended results. Your counsel on this matter has been greatly appreciated. Yours very truly, Bill Frenzel Member of Congress BF:pd THIS STATIONERY PRINTED ON PAPER MADE WITH RECYCLED FILERS V CO P C V2 S� Cl) O 7t N H H N E-� b0 AbC N o� Cc QQ (0 H H H Q N E•' W O c� O C� N U —i CC) Ln H N C-) O '� 0 p O O H O N Q O w H O N w O C2 O O O O O O O O O O O O O U � � � N U � q C) Q O O O LfO c) O O N cc Qc d N c N C,7 eJULIUs A. COLLER, 11 JULius A,COLLER ATTORNEY AT LAW 612-445-1244 JUL: B 59-1940 2 1 1 WEST FIRST AVENUE SHAROPEE, MINNESOTA i 553Z9 F� January 19, 1984 JA rt 2 CITY ATTORNEY'S LOG To: Members of the Shakopee City Council CITY OF sf}id,1',' rna John K. Anderson, City Administrator Judith S. Cox, City Clerk Herewith is my report for the period of October 1, 1983 through December 1983, in conformance with the joint goals and objectives workshop conference. As in the past, this report does not include any of the matters handled by Mr. Krass and his associates, nor was any attempt made to log Council Meetings, miscellaneous correspondence and the like, nor telephone calls. These calls come from department heads and from attorneys representing various cefendants in City prosecutions and run as high as 15 a day and last 2 or 3 minutes to an occasional 10 minute conference. With the foregoing in mind, herewith is my time log for the period in question: October 3 12 hours A.M 3 Court trials 3 1 hour P.M. court trial 4 32 hours drafting ordinances, drafting criminal complaints conferring with Mr. Hatch regarding Rubber Industry. * road 24 3 hour A.M. pre-trials 24 2 hours P.M. PRE TRIALS 25 1 hour pleas 26 12 hours court trials Nov. 2 3 hours trials 14 1 hour drafting ordinances 16 12 hours trial 17 2 hours drawing complaints Dec. 9 3/4 hour conference with Judy and Jeanne 9 1/2 hour court 13 12 hour A.M. calendar call 13 12 hour P.M. conference John Anderson, Judy, Bo and Rod 15 2 hours research on drainage easement for Scenic Heights 16 2 hour trial 19 3 hours A.M. trials 19 22 hours P.M. trials 21 212 hours court trials 22 2 hour trial 27 3 hour pre-trials *Oct 17 312 hours pre-trials In addition to my time I am also submitting a similar record for time devoted by my secretaries to City work with the dates and hours as well as the nature thereof, that is when they remember to mark it down. From a Half hour to an hour is spent by them every day, but the following lists concentrated time. Oct. 4 32 hours cases 6 2 hours On cases 10 1 hour typing ordinances 12 2 hours typing ordinances and complaints Oct. 17 32 hours helped in court at calendar call Oct. 24 5 hours helped incourt at calendar call- AM & PM Oct. 20 2 hour typing warrants 26 1 hour checking files Nov. 14 3 hour on cases 15 112 hours checking cases 30 1 hour typing city matters Dec. 1 12 hours cases 12 2 hours typing complaints, etc. 14- 2 hours typing ordinances and memos 19 3 hours helped in court at trials 19 22 hours In court at trials - AM 20 2 hours On cases - pM 27 3 hours on cases Respectfully submitted, Juli A. Coller, II Sha opee City Attorney CITY OF SI IAKOPEE L'U11_LD1NG AC'.l'1VI TY REPORT JANUARY, 1984. PERMITS ISSUED Yr. to Date - Total Previous Year Number Number Valuation Number Valuation 6184 - 6197 W . Y'1'I). Single Fam.-Sewered 2 2 111 ,000 1 1 40 ,000 Single Fam.-Septic - - - - - Multiple Dwellings - - - - - - (Mo.Units) (YTD Units) - - - - - -- Dwelling Additions 1 1 60,000 - - - Other - - - 2 2 23 ,000 Business District - - - - - - Agricultural - - - - - - Industrial -Sewered - - - - - Industrial -Septic - - - - - - A.ec:;sory/garj;e.s 1 1 7 ,000 - - - Signs & Fences _ - - 3 3 10,000 F i I'('{)l r100.:IW00ki .;t.k1 1 2 , 500 3 3 11 ,525 Grading/Foundation _ - - 1 1 60 ,000 Remodeling (Res. ) 7 7 493400 1 1 950 Remodeling (Inst. ) - - _ - - - Remodeling (Other) 2 2 1825999 2 2 13 ,055 TOTAL TAXABLE 14 14 41.23899 1.3 13 158 ,530 TOTAL TNSTITUTTCNAL - - - - - _ GRAND T0TAL 14 14 4125899 13 13 1583530 MO. Y1111) . IU . YTD. Variances - - - - Conditional Use 1 1 - - He-Zoning 1 1 - - Moving - - 1 1 Electric Permits 16 16 8 8 Plmbg. & Htg. Permits 12 12 7 7 Razing Permits Residential - - - - Commercial - - - - Total dwelling units in City after completion of' all construction permitted to date. . . . . . . . . . . . . . . . . . . . . . . . . 3 ,665 Cora Underwood Bldg. Dept . Secretary CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN JANUARY, 1984 6184 Gen Const . 428 S . Holmes Alt . $166 ,999 6185 Valley Fair Addn. 16 ,000 6186 Maertens-Brenny Const . Co. Rd. 16 Addn. 60 ,000 6187 Neisen Const . 703 S . Lewis Alt . 7 ,000 6188 Kenneth Watkins 8464 Eagle Crk. Stg. Bldg. 7 ,000 6189 Sy Unze 112 W. 6th Alt . 6 , 500 6190 O.R. Anderberg Co. 717 Bluff Alt . 25 ,000 6191 Richard Sames 1040 Pierce Alt . 4,500 6192 Tappe Const . 532 Thomas Alt. 3 ,900 6193 H.H. Harrison 414 E. 1st Alt. 500 6194 The Narva orp. 1144 Merritt Court House 56 ,000 ,B z �� � 6195 � hnoutka Con . 327 E. 6th House 55 ,000 �n�a ` 1 654 Menke Ave. Fireplace 2 ,500 619 6 K y �J 6 6197 Gregory Ess 1064 Merritt Alt . 2 ,000 $412 ,899 a, / 7 PROCEEDINGS OF THE CABLE COMMMCATIONS ADVISORY COMMISSION REGULAR SESSION SHAK OPEE, MINNESOTA JANUARY 23, 1984 Chrm. Anderson called the meeting to order at 7;38 p.m. with Comm. Harrison, Davis and A beln present. Comm. Williams was absent. Also present were Judith S. Cox, City Clerk and Jim Abbott, ZU Manager. Chrm. Anderson reported on the progress being made on the institutional network workshop. He said there will be a meeting January 30, 1984 with the sub-committee and Jim Sullivan, engineer and consultant. The City Clerk said that a contradiction was discovered between the Cable Ordi- nance and the By-Laws for the Access Corporation, in regards to the representa- tive from ZU being on the Access Corp. Board. The Ordinance stipulates the representative is a voting member, and the By-Laws state the representative is ex-officio. Discussion followed regarding the intent of the By-Laws to keep the Access Corp. autonomous. The City Clerk said she had talked with Mr. Abbott, who indicated he did wish to retain the voting privilege as designated in the Ordinance. Abeln/Davis moved to recommend to City Council that the By-Laws of the Shakopee Community Access Corp. , Section 2.21, last sentence, be amended to read "not less than one (1) of the Cable Company's representatives shall be included as a regular voting member on the initial Board of Directors, and upon expiration of his term, and thereafter, there shall be one ex-officio member on the Board of Directors nominated by the Cable Company and appointed by the City Council". Motion carried unanimously. Chrm. Anderson initiated discussion regarding qualifications for members of the Access Corp. He said a question had been raised as to whether a member had to reside in Shakopee. Since the By-Laws did not address residence as a qualifica- tion, it was interpreted that a member did not have to live in Shakopee. Discussion ensued regarding the advisability of having a non-resident on the Board, making decisions about funding. Comm. Harrison said ZU's policy is that people from other communities can be trained in programming if there is no one from Shakopee waiting for training. Comm. Abeln said an instructor from Norman- dale is interested in having some of his students get training in Shakopee, with Shakopee having the benefit of programs being made. Clarification was made that the limitation in residency would apply only to membership in the Corporation and anyone Would still be free to do programming as long- as they ' ve received training . Mr. Abbott said it is his feeling that the Shakopee subscribers are paying mor the whole system, and he wouldn't think it would be a good idea to have members from other communities on the Board of Directors and making decisions for Shakopee . Discussion continued . A beln/Harrison moved to add to the current By-Laws of the Access Corp. the follow- ing section; 2.114 Be a person group, organization or other entity who has a residence, �usiness address or school address in the franchise service area. Motion carried unanimously. Cable Communications Advisory January 23, 1984 Page 2 The City Clerk said the cable construction and interconnect between Chaska and Shakopee were complete on December 29, 1983• She said a decision now should be made regarding penalties to be levied for 51 days ZU was late. Comm. Davis said he is not in favor of levying penalties because he didn't think it was any big deal that any of this was late. Mr. Abbott said there is no way of denying that they are late in completion. He said the reason they were late is that they wanted to install everything ZU said they would, without cutting back on services like so many other cable companies have done. He added he is sure the City Council is expecting to levy a fine. He explained briefly the reasons for some of the delay. Harrison/Abeln moved to recommend to City Council that Zylstra-United be notified in writing to pay the City $5,100.00 in liquidated damages for 51 days delay in completing construction of the Initial Cable System, which amount will be paid within 10 days after receiving written notice; and to further recommend that ZU pay the City directly, rather than drawing the penalty out of the Security Fund. Motion carried with Comm. Davis opposed. Harrison/Abeln moved to recommend to City Council that the $5,100 penalty fee be deposited in the City's General Fund to be used for the purpose of defraying cable costs. Motion carried unanimously. The City Clerk said the Computer Center is in operation at the Library, with an Apple IIe computer. Mr. Abbott said he is having trouble finding the TV needed. ( for the Viewing Center.) cs nobody has them in stock . He will get it to the Library as soon as possible . The monthly report was reviewed. Mr. Abbott said there is a tremendous expense involved in changing the lock boxes, and they are trying to resolve the problem. Mr. Abbott said he has ordered the equipment for Channels 29 and 41, but he doesn't know where he will put them. Further discussion ensued. Chrm. Anderson reminded Mr. Abbott that this Commission is to give prior approval before program changes are made. Mr. Abbott replied that FCC regulations outranked the City. The City Clerk responded that the City also has to comply with the Ordinance, so the pro- gram changes should be brought to the City for concurrence. The City Clerk said she would like a list of all the channels so she can keep an updated list of dates of approval and any changes. Mr. Abbott replied they are in the process of pre- paring an updated listing of channels. Chrm. Harrison said he would like to be able to make suggesti m s for new channels when one is unavailable. Mr. Abbott responded that if they can get it, they would have no objection. Further discussion ensued regarding fees paid by ZU for dis- tant signals and how the Direct Broadcasting Service operates. Mr. Abbott said that Capon 's Restaurant in the Minnesota Valley Mall has asked about receiving cable. Mr. Abbott said he thinks their policy would be to extend the cable 150 feet onto the mall property, but the expense would be prohibitive to take it all the way to the restaurant. Consensus was that to charge the busi- ness the additional expense would be reasonable, just as is done in the rural area. Harrison/Abeln moved to approve the minutes of December 19, 1984 as kept. Motion carried unanimously. Cable Communications Advisory January 23, 1984 Page 3 Discussion ensued regarding various cable organizations and which ones to be- come members of. Chrm. Anderson said he feels that education is very important for this commission, and these organizations are a good way to gain information and meet people who might be helpful. Comm. Davis thought it would be a good idea to join as many as we can afford, and then evaluate their worth in a year. NFLCP membership is current ard expires in August, 1984, and it can be evaluated then. MACTA : Consensus was this was very expensive, but it would be a worthwhile or- ganization. Chrm. Anderson suggested just sending in registration for 3, as he didn't think the City would be turned down. Consensus was to only pay for membership for Comm . Harrison, Chrm . Anderson and Staff, but to pay for all commission members if it was required. CTIC: Consensus was to wait until July or August and see how the budget looked, so do not join now. MEMO: Comm. Harrison said he is really interested in this group, and he can get off work to attend conferences for it. Consensus was membership for Comm. Harri- son and staff. Abeln/Harrison moved to direct staff to obtain memberships as follows: MACTA : Comm. Harrison, Chrm. Anderson and staff; all if necessary; MEMO: Comm. Harrison and staff Motion carried unanimously. Comm. Abeln and Harrison expressed interest in going to the MEN10 conference on Friday, March 3, 1984 . Chrm . Anderson, Harrison and the City Clerk expressed a desire to attend the MACTA Con- ference January 26-27 . The commission concurred with their attendance . The City Clerk asked if the commissioners wanted to set a policy regarding atten- dance at various conferences. Consensus was to let those who are interested and able to attend work it out for the particular conferences . The 1/23/84 draft of the 1983 Annual Report was reviewed. The City Clerk pointed out several changes recommended by the Comm. Develop. Dir. There was concurrence with the changes. The City Clerk suggested adding dates in the margins, or some- how incorporate them. Chrm. Anderson suggested a different set-up for the information, perhaps with heads and sub-heads and a brief description with each one. He added it should be pointed out that the Commission did not act for a full year. April 11, 1983 was determined to be the organizational meeting. Discussion followed. Consensus was to divide the report into different categories, such as educational, monitor- ing and operational, with chronological listings within the categories. It was suggested to express appreciation to the City Council for its concurrence with the Commission's recommendations, which could be expressed in a cover letter signed by Chrm. Anderson that would be attached to the Annual Report. The City Clerk will re-draft the Annual Report and get it to Commissioners by February 9th, and if Commissioners have any suggested changes they should be in writing to the City Clerk by February 17. Cable Communications Advisory J anua ry 23, 1984 Page 4 The Commissioners prioritized the 1/23/84 draft list of 1984 Goals and Objec- tives, by designating each one an A, B or C. No. 17 was added to the list: "To receive reports due from ZU and copies of proofs of submission for those reports required by other agencies. " No. 18 was added: "To establish a policy for approval of programs, if applicable." This was in relation to the obscenity issue, which has been raised in the past. February 13, 1984 at 7 : 00 p . m .was agreed to be the date for a joint meeting with the Community Access Corporation. The City Clerk informed the Commissioners of the names of those appointed to the Community Access Corporation by City Council. Abeln/Harrison moved to adjourn at 10:50 p.m. Motion carried unanimously. Judith S. Cox City Clerk Diane S. Beuch Recording Secretary PROCEEDING; OF THE PLANNING COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA JANUARY 5, 1984 Chrm. Schmitt called the meeting to order at 7:37 p.m. with Comm. Koehnen, Czaja, Perusich and Coller present. Comm. Rockne arrived later, and Comm. Stoltzman was absent. Also present were Judi Simac, City Planner; John K. Anderson, City Admr. and Cncl. Vierling. Coller/Perusich moved to approve the minutes of December 8, 1984 as kept. Motion carried with Comm. Koehnen and Czaja abstaining because of their absences at that meeting. A request was made to have the tape of the meeting preserved in the City's archives for 6 months. PUBLIC HEARING - WATKINS CONDITIONAL USE PERMIT REQUEST Coller/Czaja moved to open the public hearing regarding the request for a Con- ditional Use Permit to allow horses on a 4.6 acre parcel at 8464 Eagle Creek Blvd. Motion carried unanimously. The City Planner went over the considerations and a revised list of conditions relative to this request. She said that one of the original conditions was that the barn not be built within 25 feet of the neighboring property. She said the barn is now proposed to be built at a location 15 feet from the property. She said that after viewing the property and discussing it with the City Engineer, it was determined the proposed location is the best position for the barn. She said this was because of the topography of the land, with the swale and existing trees. She said moving the barn to keep it 25 feet from the property line would be a burden, because of the swale. Comm. Rockne arrived and took his seat at 7:46 p.m. Therefore, the City Planner said that because the City Engineer said it was al- most impossible to place the barn farther away from the property line, she would like bondition No. 2 removed, relative to the placement of the barn. Chrm. Schmitt asked if the applicant was comfortable with the conditions, and the reply was affirmative. Chrm. Schmitt asked if there was anyone in the audience who wished to address this matter, and there was no response. Coller/Czaja moved to close the public hearing. Motion carried unanimously. Perusich/Coller offered Conditional Use Permit Resolution No. 357, permitting horses on a 4.6 acre parcel in an R-1 Zone, and moved its adoption, subject to the following conditions: 1. The applicant must obtain a building permit to construct a barn on a site so approved by the City Engineer, that will provide shelter for the horses. 2. The applicant shall provide proof of ownership of the property to the City Planner prior to release of the Building Permit. 3. The applicant shall keep no more than three (3) horses at any one time. 4. The horses shall be confined to a fenced-in area. Shakopoe Planning Gorrumission January 5, 1984 Wage 2 5. Manure shall be handled so that it is not a nuisance to neighbors. 6. No horses shall be boarded at this site. 7. Any change in property ownership shall terminate the Conditional Use Permit. Motion carried with Comm. Rockne abstaining because of missing some of the discussion. Chrm. Schmitt informed the applicant of the 7 day appeal process. PUBLIC HEARING - (CONT. ) FOX RUN PRELIMINARY PLAT Czaja/Perusich moved to the public hearing regarding the preliminary plat of Fox Run. Motion carried unanimously. The City Planner said that last month the Planning Commission considered items in relation to the site plan for Fox Run. At that time there was not enough information for staff to do a review, and the public hearing was continued to this month. She said the drainage plan has still not been received, and there- fore she recommends the hearing be continued again until the applicant submits the necessary information. Fred Corrigan, developer, said that the drainage plan had been verbally discussed, and he thought it was in receipt. He now gave a drainage report to the City Admr. He said it was his understanding that additional soil borings would not be re- quired, and that he has to construct the right-of-way to obtain building permits. He asked if there was anything else required by staff to make its recommendation. The City Planner said the City Engineer felt a meeting should be arranged be- tween himself and Prior Lake staff to decide on elements regarding the road and how it affects Prior Lake . Mr. Corrigan replied that he cannot arrange such a meeting. He was told it had to be a formal request from the City of Shakopee. Chrm. Schmitt added that because the road is maintained by Prior Lake, an agree- ment should be made with them to continue the maintenance. Comm. Koehnen said she wasn't at the meeting last month, and she wondered about the adjacent property owners in so far as their feelings about this development. She said that several years ago the adjoining property owners did not want that road opened. Mr. Corrigan responded said that a design change was made which doesn 't make it so attractive to thorough traffic. Chrm. Schmitt explained that whatever the developer platted for roadway, that is what he has to construct. The City Planner said that if the developer constructs the road to the cul-de-sac to serve the properties of the two lots, that is ac- ceptable to the City Engineer. Mr. Corrigan said he has a request to the staff to relinquish the "sunset" law regarding the preliminary plat. He proposes to do a preliminary plat on 11 lots, but then request building permits for only two lots. Later they would possibly consider an administrative split for the other lots. He said his basic concern is with the property to the south and where a possible connection will come in. He is concerned with a map showing a proposed easement right through the Shakopee- Prior Lake property line. Chrm. Schmitt said he thought that easement is on the Prior Lake concept map, but he doesn't know if it is practical. He suggested going through the preliminary platting process and placing it on file with Prior Lake. He .raid that property to the south is on the 1990 service area in Prior Lake. Shakopee Planning Commission January 5, 1984 Page 3 The City Admr. said staff is interested in seeing if it is possible to accept the preliminary plat, renew it annually, and approve a different final plat which overlays it. In order to approve the preliminary plat, then it would re- quire all the information as if it is going to be built, which may put more re- quirements on staff far review, and on the applicant at this time. He said he would like to check with legal staff about doing this. Chrm. Schmitt advised that a drainage plan be approved in the joint community agreement to be sure adjoining property owners and Prior hake are protected. The City Admr. said the City will scrutinize closely any drainage agreement. Wayne Cronkite, 2560 Muhlenhard t Rd. , said he was present at the original hear- ing several years ago, and there was concern about drainage at that time, and he was wondering what kind of decision was made then about the drainage. Chrm. Schmitt said the hearing was for a preliminary plat, and no drainage decision was made. Mr. Cronkite asked about the road and the cul-de-sac. Chrm. Schmitt answered that the City's maximum is 750 feet for a cul-de-sac, but on occasion, where there is an on-going development, a temporary cul-de-sac is permitted to pro- vide access until future development takes place. He said there was no time limit on a temporary cul-de-sac. Mr. Cronkite said he was concerned with the length of the cul-de-sac, especially as regards a snow hazard. Further discussion ensued. Mr. Cronkite asked if the people in the area were concerned with the type of home that will be constructed. Chrm. Schmitt said we can't control that as long as it meets the building code. Mr. Vierling, of Prior Lake, said he farms the property to the line. He said if the water raises 6 inches it will run over onto his property, and he will not stand for that. He said there is a big swamp which holds the water now. But if you put in roads and blacktop, it ld ll make a mudhole of his property, which is downhill. Chrm. Schmitt responded that for the final drainage, the Planning Com- mission will have to deal with wherever the water is going, and will take your comments into consideration. He said there will be more hearings by this body, and a final decision will not be made at this meeting. The City Planner asked if Mr. Vierling had a water problem now. He replied that he has no problem now -- he is farming all the property now, going in with heavy equipment. He said his family has been farming this for 100 years, and never have had a water problem. He said the big swamp is on the other side, not on his property, and it holds the water. But he said his property is about 6 inches lower than the other property. He said the swamp is about 10-12 acres, and holds a terrific amount of water. Mr. Corrigan said the engineer thought the swamp is draining about 100 acres. Mr. Vierling said a berm could be built to control the water. Coller/Czaja moved to continue the public hearing to February 9, 1984. Motion carried unanimously. DISCUSSION - PLANNING COMMISSION SCHEDULED MEETINGS Discussion ensued, and it was pointed out that May 3 was the spring concert which several commissioners would attend. Comm. Czaja had several conflicts. Coller/Czaja moved to approve the 1984 meeting schedule as presented, but to change the May 3rd meeting to May 10th, and the July 5th meeting to July 12th, and to review the schedule again in August. Motion carried unanimously. Shakopee Planning Corrunission January 5, 1984 Page 4 DISCUSSION - MINNESOTA VALLEY COMPREHENSIVE PLAN The City Planner said the City Council referred this Plan to Planning Commis- sion for comments. She said this plan extends from Ft. Snelling to LeSueur. She said this plan recognizes the Shakopee Comprehensive Plan for having desig- nated the entire floodplain within the City to become park and open space by 1990. She went over the background of the management system. The City Planner said the biggest concern is the designation of a conservation district. She said that Mr. Kelly, who was involved in putting this plan to- gether, said the DNR is looking for the cooperation of the City in acquisitions for conservation districts, and they are not necessarily looking for Shakopee to re-designate any areas that are in the comprehensive plan as floodplain. Considerable discussion ensued. Chrm. Schmitt pointed out an area of the trail that is mis-mapped. Comm. Koehnen asked if the Downtown Committee had seen this, and the City Admr. said he would have them check it out. Coller/Czaja moved to direct staff to send a letter to the DNR informing them that the Planning Commission is reviewing the Minnesota Valley Comprehensive Plan, and will forward comments after the City Council's February 14th meeting. During that time staff is to look thoroughly at the plan and concentrate on any areas where there are contradictions between it and the City's plan. Motion carried unanimously. i A decision was made to rotate the Plan among the Commissioners, beginning i with Comm. Koehnen. Comm. Rockne said he would like copies of the appendixes. DISCUSSION - NON-COMPLIANCE ISSUES t The City Admr. addressed the memo from the City Attorney detailing appropriate action to be taken against violators of zoning code. He suggested the Planning Commission could recommend these offenses be treated as misdemeanors instead I of petty misdemeanors, which would raise the fine imposed. He said staff has talked about what kind of staff procedures would be used before a matter gets to th1s point. In the past staff has just sent notices to try to get compliance. The City Planner said she would like to get down some routine procedures when an inquiry is received regarding a possible violation of zoning code. She said they now use a green form on which the inquiry and follow-up are noted. Now the procedure is that when a complaint is received, she will go out and inspect; then a registered letter is sent informing the person of the complaint and tell- ing what information or action is required by the City, with a copy of the x appropriate forms, and giving them 7-10 days to respond. If there is no res- ponse in that time, a second registered letter is sent, with a copy to the City j Attorney, with a second time period to respond, and stating that the matter will be turned over to the City Attorney if there is no response in that time. Then it is turned over to the City Attorney. Chrm. Schmitt explained that this procedure was questioned in connection with a certain subdivision that is undergoing subdivision with lot splits being filed with the County, to by-pass the subdivision rules of the City. This developer gets building permits for doubles, and then when it is constructed, he does a simple lot split. Discussion followed regarding possible ways of insuring com- pliance to the zoning code. Suggestions were to put into a building permit follow-up file certain kinds of permits that lend themselves to subdivision to see what is happening to the Shakopee Planning Commission January 5, 1984 Page 5 property. It also could be checked if the City could require separate services for doubles. Comm. Coller suggested recording with the plat a provision that if the property is divided, the City will be notified. The City Admr. said the County does not feel it has the responsibility to inform the City of the lot splitting. Comm. Coller felt there should be a clarification between petty and misdemeanor as far as all the ramifications, besides just the difference in fines. Discussion followed regarding increasing the permit fees for violations. Comm. Coller suggested that if the applicant comes in after the first letter, there would be a fine, after the second letter the fine would be doubled, and if it goes to Court, the fine would triple. The City Planner will do further research on all the comments and suggestions and bring the topic hack later. INFORMATIONAL ITEMS The City Planner briefly discussed several informational items, including the City Council nominations for Planning Commission terms. OTHER BUSINESS The City Admr. presented the concept plan recommended by the Downtown Committee. He said City Council requested recommendations from the Planning Commission and ICC regarding the plan. He pointed out the different areas of development, and said the small by-pass is the main element of the design. He informed them of several possible future developments in the area. Some discussion ensued. Chrm. Schmitt commented on the over-all street design. The City Admr. said that MnDOT seems to be pleased with the idea. He said staff is checking out different fund- ing possibilities, and if the plan is approved by City Council, the Downtown Committee expects to proceed with an implementation process. Koehnen/Czaja moved to recommend to City Council approval of revised Design Alternative B-1 as presented and recommended by the Downtown Ad Hoc Commiteee. Motion carried unanimously. Czaja/Rockne moved to adjourn. Motion carried unanimously. Meeting adjourned at 10:08 p.m. Judy Sima c City Planner i a Diane S. Beuch j Recording Secretary P r 1AP PROCEEDINGS OF THE PLANNING COMMISSION A DJ. REG. SESSION SHAKOPEE, MINNESOTA DECEMBER 29, 1983 Chrm. Schmitt called the meeting to order at 7;15 P.M. with Comm. Czaja, Koehnen, Stoltzman and Perusich present. Comm. Rockne and Coller were absent. Also present were Judi Simac, City Planner; H. R. Spurrier, City Engineer and Cncl. Vierling. Czaja/Perusich moved to open the public hearing regarding the Environmental Impact Statement (EIS) for the proposed Shakopee Race Track Site. Motion carried unanimously. The City Engineer said the purpose of this hearing is to hear testimony from any- one who wishes to speak as to what should be included in the EIS for the proposed Shakopee Racetrack. Dan Lutenegger, of Barton-Aschman Assoc. , Inc. , said his company was hired as a consultant by the City to prepare the environmental worksheet, which they are now in the process of using to prepare the scope of the EIS. He said the purpose of this meeting is to receive public input into potential topics the EIS should cover. He said the EIS has four parts to it, and this is the first and prelimi- nary stage, of what to do and how to do it. In stage two, the EIS is prepared in draft form, which will be made available to the public, at which time there will be a review period to see whether the questions have been addressed in the document. The final EIS will be revised based on the comments received on the initial draft, which will then go to the City for final approval. Mr. Lutenegger said the worksheet, which is available to the public through the City and the Library system, contains a summary of the project, the basic issues and the things they think are major concerns, and what isn't so important. He pointed out that some important issues have been researched previously in other processes by other sources. Another criteria is what are the agencies going to require in the future in terms of permits. They are trying to tie the EIS into permit requirements. They have identified the five major issues to be addressed in the IIS to be. 1) transportation system; 2) air quality; 3) noise; 4) solid waste and 5) water quality. Chrm. Schmitt asked if there was anyone present who wished to make any comment relative to additional issues to be considered in the EIS, or relative to issues that have already been raised. Dennis Thom, 20755 Addison Drive, Prior Lake, asked how far the City limits went to the south and east, and asked if Hanson's Ranch was included in the City limits. He had some concern with what those 100 horses have done to the area, and asked if these same standards were applied to Hanson's Ranch. Chrm. Schmitt responded that Hanson's Ranch is in the City limits, but the opera- tion was in existence prior to the time that area was acquired from Eagle Creek Township, and the operation is grandfathered in as it was. However, he pointed out that if there was any expansion or change in operation, they would be subject to the same zoning and land use regulations that are current in the City. He said that case is different from the Racetrack application, because the regulations of the City and Metropolitan Pollution Control Agency (MPGA ) are current at the time the application is made. He added if a citizen would have any real concerns about pollution or violation of regulations, those concerns should be made known to staff, to be researched. onaxopee rlanning commission December 29, 1983 Page 2 Chrm. Schmitt asked if there was anyone else who wished to comment, and there was no response. Comm. Czaja said he was looking at the worksheet regarding traffic controls, which indicates it will cover all adjacent roadways. However, there is no men- tion of CR16 or the intersection of CR16 and CR83. He has a great concern with those areas. The worksheet indicates the southerly entrance will have approxi- mately 10% of the traffic to the site, but it doesn't indicate where the traffic is coming from or what controls will be used at the intersection of CR16 and CR83. He said the amount of traffic predicted on those roads will definitely affect his, and others, driving patterns. A number of people have concerns about the safety of that roadway as it is now. Comm. Czaja said he is also concerned with noise controls, as he lives relatively close to the site. He said the worksheet indicates that to maintain the crowds or encourage staggered time of exiting that fireworks and concerts are planned. He said he can easily hear Valleyfair's fireworks and concerts, and he thinks it would be very disturbing to the quiet, wildlife filled Dean's Lake area to have these noisy events. He said he would think from the style and placement of the grandstand, that it would have a funneling affect of noise to his area. Comm. Czaja asked that the noise monitoring in the area be explained. He said he didn't understand how interior noise at the KC hall had anything to do with the racetrack noise, and wondered why the particular locations had been chosen. Mr. Lutenegger explained that existing noise is monitored with a noise meter. The City Engineer said noise is being monitored tonight, and was the night before last also. Mr. Lutenegger said the noise at the KC hall is mainly interior, and is dominated by the traffic noise of Hwy. 101. He said the State has regulations regarding noise monitoring and levels, and categories for location of noise accord- ing to structure type and location. Comm. Czaja said from the design of the grandstand, it would seem the frontal, or southeast portion would have the noise funneled, and asked how that would be monitored. Mr. Lutenegger said the noise monitoring process is very comprehensive, and takes into account the architecture of the structure, height and locatior of nearby structures. Bruce Malkerson, representing the applicant, said they have decided to use an enclosed grandstand with an enclosed glass front, so that all of the people and activity will be enclosed, except for the small numbers that walk outside on a sunny day to the ramps. He said this is a change from the original presentation, and would make quite an impact on the noise level. The City Admr. arrived at 7:40 p.m. Mr. Malkerson said they anticipate that 80% of the people will stay inside the glassed facility, but all the noise concerns will be addressed. He added that the term "concerts" was a misnomer, as they were really thinking of just a single guitar player, or something of that nature, rather than a large concert. And the entertainer would be inside also. Comm. Koehnen asked about the stable facilities. Bruce Malkerson said that 1000 box stalls are planned. The horses will be kept in their stalls day and night except when they are being exercised, cooled down or walked to the track. There will be no open paddock area. • Shakopee Planning Commission •. _ - December 29, 1983 Page 3 Comm. Koehnen asked about the separation between the stall floor and the ground, where the water table is so high. Mr. Malkerson said the floors would either be full clay, which is virtually impervious, or cement floor with a padding of wood or rubber, with wood shavings on top of that. He said the shavings would be cleaned up at least daily and disposed of. Comm. Koehnen asked if the concern of urine and the high water table is being looked at. Mr. Malkerson said he didn't believe that would be any problem, but it was being looked at. Comm. Czaja asked if there was any reason why the CR16 traffic was not looked at, and Mr. Malkerson said it was just an oversight. Chrm. Schmitt asked if there was any other interested citizen who wished to comment on these issues or any concerns they wished to be addressed in the EIS, and there was no response. Perusich/Koehnen moved to close the public hearing. Motion carried unanimously. Czaja/Stoltzman moved that the minutes of this hearing be submitted to the consul- tant, Barton-Aschman Assoc. Inc. , to be addressed in the scoping document. Motion carried unanimously. Perusich/Czaja moved to adjourn. Motion carried unanimously. Meeting adjourned at 7:45 p.m. Judi Simac City Planner Diane S. Beuch Recording Secretary PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS REGULAR SESSION SHAKOPEE, MINNESOTA JANUARY 5, 1984 Chrm. Schmitt called the meeting to order at 7;35 P.M. with Comm. Koehnen, Czaja, Perusich and Coller present. Absent were Comm. Rockne and Stoltzman. Also present were Judi Simac, City Planner; John K. Anderson, City Admr. and Cncl. Vierling. Coller/Perusich moved to approve the minutes of December 8, 1984 as kept. Motion carried with Cncl. Koehnen and Czaja abstaining because of their ab- sences at that meeting. It was requested the tape of that meeting be pre- served for one year in the City's archives. Czaja/Coller moved to adjourn. Motion carried unanimously. Judi Simac City Planner Diane S. Beuch Recording Secretary TENTATIVE AGENDA Board of Adjustment and Appeals Regular Session Shakopee, Minnesota February 9, 1984 Chairman Schmitt Presiding: 1) Roll Call at 7 : 30 P.M. 2) Election of Officers 3) Passing of the Gavel 4) Approval of January 5 , 1984 Minutes 5) Other Business 6) Adjournment Judi Simac City Planner CITY OF SHAKOPEE oC� TENTATIVE AGENDA Shakopee Planning Commission Regular Session Shakopee, Minnesota February 9, 1984 Chrmn . Schmitt presiding 1) Roll Call at 7 : 35 P.M. 2) Election of Officers 3) Passing of the Gavel 4) Approval of December 29 , 1983 and January 5 , 1984 meeting minutes . 5) 1983 Annual Report Action : Acceptance of Report Move to forward Report to City Council 6) 7 :45 P.M. Public Hearing: Request for rezoning of a 10 acre parcel lying South of 4th Ave . , E. of CR17 , W. of CR 83 and N. of Cr 16 , in Section 5-115-22 , from R-4 (multi-family residential) to B-2 (Community Business) . Developer : Prahm-Coll Properties , 1098 Tyler St . , Shakopee Action : Recommendation to City Council 7) 7 : 55 P.M. Public Hearing: Request for Preliminary and Final Plat approval of Prahm-Coll First Addition , a 20 ac . parcel lying So. of 4th Ave . , E. of CR 17 , W. of CR 83 and N. of CR 16 . Developer : Prahm-Coll Properties , 1098 Tyler St . , Shakopee Action : Recommendation to City Council 8) 8 : 10 P.M. Public Hearing: Request for Conditional Use Permit to construct a ballroom on a 5 ac . parcel located So. of 4th Ave . , E. of CR 17 , W. of CR 83 and N. of CR 16 , in a proposed B-2 (Community Business) zone . Developer : Prahm-Coll Properties , 1098 Tyler St . , Shakopee Action : Conditional Use Permit Resolution No. 358 9) 8 :25 P.M. Public Hearing (Cont. ) : Preliminary Plat of Fox Run , *"2 ac . parcel lying on the Easterly and Northerly boundaries of Prior Lake , So. of Horizon Heights , and W. of Muhenhardt Rd . Developer : Continue Public Hearing Recommendation to City Council 10) Discussion : Minnesota Valley Comprehensive Plan, guest speaker Tim Kelly, Dept . of Natural Resources Action : Recommendation to City Council 11) Discussion : Request by Paul Helm to change conditions of Conditional Use Permit No. 347 12) Discussion : Proposed Revisions to Subdivision Procedures 13) Discussion : Special meeting date to address animals as related to the zoning ordinance . 4) Discussion : Review and Comment on Expanded Redevelopment Plan (for K-Mart) Action : Recommendation to HRA 15) Informational Items : a) Review of Reitveld Conditional Use b) Attorney ' s Update on land uses and developmen c) Revised 1984 Planning Commission schedule d) Conditional and Special Uses Seminar e) f) 16) Other Business 17) Adjournment Judi Simac City Planner CITY OF SHAKOPEE T Wt AT IVE AGENT) REGULAR SESSION SHAKOPEE , MINNESOTA 1' - •,tUAY,Y 71 1984 Mayor Reinke presiding 11 Roll Call at 7:00 P.M. 21 Recess for H.R.A. Meeting 31 Reconvene 41 Liaison Reports from Councilmembers 51 RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 6] 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. ) *71 Approval of Minutes of December 27, 1983, as amended Jan. 17, 1984, January 10th, January 17th, and January 23rd, 1984 81 Communications: a] Eugene A. Brown, re : request for vacation of streets and alleys b] Glenda D. Spiotta, Recording Secy, Scott County Board of Commissioners, re: Appointments of Managers c] James A. Weeks, re : Serving on the Energy and Transportation Committee d] Thomas S . Hay, Dorsey & Whitney, re : Employment as Bond Counsel e] John Neely, Shakopee Coalition, re : Town Meeting on Education in Mn. f] Petition for public access to Rubber Industries, Inc . 91 Public Hearings: None 101 Boards and Commissions : a] Cable Communications Commission aa] Completion of Initial Cable System bb] Amendment to Shakopee Community Access Corp. By-Laws re : initial Board of Directors cc] Amendment to Shakopee Community Access Corp . By-Laws re : membership qualifications 111 Reports from Staff: a] Mn. Racetrack Inc . Tax Increment District Agreement - Status report by Assistant City Attorney *b] I .R. Bond Application for Mn. Racetrack Inc . - Surface Water AgreemE c] Computer System Request for Proposal (bring November 22 , 1983 copy) d] Contract for Restroom Facilities e] 8 :00 P .M. - Application from Q Petroleum for Off Sale 3 . 2 Beer Licen f] Community Access Corp - Terms of Board of Directors *g] Personnel Policy Regarding Vacations *h] Reappointment of Russell Heltne to Lower Mn. River Watershed Dist. *i] Special Municipal Parking Lot Permits *j ] Building Equipment Maintenance Contract *k] MWCC Septage Management Project *1] Shakopee Racetrack EIS *m] Road Turnbacks to the City *n] Farm Lease With Mr. Theis o] Sewer Bill Adjustment p] Property Tax vs User Fee for Refuse Removal - Informational q] Approve bills in amount of $30, 176. 24 r] Claims by the City Against licensees and/or premises s] Compensation of Volunteer Members of City Boards and Commissions t] Proposed Contract for 1984 with Teamsters Local No. 320, Public Work 121 Resolutions and Ordinances: *a] Res. No. 2217, Adopting A Downtown Concept Plan *b] Res. No. 22189 Commending the Ad Hoc Downtown Committee *c] Res. No. 2219, Requesting Mn. DOT Widening of 169 Bridge Crossing *d] Res. No. 2213, Appreciation to Bill Anderson *e] Res. No. 22149 Appreciation to Lauren Sorenson f] Res. No. 2215 , Accepting Work on 1983 Sidewalk Replacement Program *g] Res.No. 2216, Adopting Policy for Removing Excess Snow from Hydrants h] Res . No. 2220, In Support of Excise Tax Transfer - memo on table 131 Other Business: a] Compensation to SPUC b] Gambling Devices/raffles 14] Adjourn to Tuesday, February 14, 1984 at 7 :00 P.M. John K. Anderson, City Administrator TENTATIVE AGENDA Housing Authority in and for the City of Shakopee , Minnesota City Hall Council Chambers Regular Session February 7 , 1984 Chairman Colligan presiding I . Roll Call at 7 : 00 p.m. 2 . Approval of the Minutes of January 3 , 1984 3 . Approval of Interfund Transfers 4. Approve payment for tax-increment financing legal services 5. Tax-Increment Financing Proposal a. -Adoption- of Resolution No. 84-1 , A Resolution Modifying the Redevelopment Plan for Valley Industrial Park Redevelopment Project No. 1 b. Adoption of Resolution No. 84-2, A Resolution Calling Public Hearing and Ratifying Published Notice Thereof on the Proposed Sale of Certain Land by the Housing and Redevelopment Authority in and for the City of Shakopee in Accordance with a Redevelopment Plan of the Authority 6 . Other business 7 . Adjourn Jeanne Andre Executive Director PROCEEDINGS OF THE HOUSING AND REEEVELOPMENT AUTI-IDRITY ANNUAL MEETING SHAKOPEE, MINNESOTA JANUARY 3, 1984 Chrm. Colligan called the meeting to order at 7:00 P.M. with Comm. Leroux, Wampach, Lebens and Vierling present. Also present were John K. Anderson, City Admr. ; Judith S. Cox, City Clerk; Jeanne Andre, HRA Director and Julius A. Coller, II, City Attorney. The City Attorney administered the Oath of Office to re-elected Commissioners Wampach, Leroux and Colligan. Lebens/Vierling moved to approve the minutes of December 6, 1983 as kept. Motion carried unanimously. Leroux/Wampach moved that the present officers be re-elected for one additional year. The present officers are Chrm. Colligan, Vice-Chair Lebens and Secretary Vierling. Leroux/Vierling moved that nominations be closed and a unanimous ballot be cast for Chrm. Colligan, Vice-Chair Lebens and Secretary Vierling. Motion carried unanimously. Lebens/Wampach moved to adjourn. Motion carried unanimously. Meeting adjourned at 7:07 p.m. Jeanne Andre HRA Director Diane S. Beuch Recording Secretary 3 IIEI-O TO: Jeanne Andre, HRA Director FROM: Gregg Voxland, Finance Director RE: Interfund Transfers DATE: January 11 , 1984 Introduction & Background Construction activity has been completed for the HiRise tax increment project. Normally, construction funds are closed out or at least materially completed within 3 years. The 3 years is derived from arbitrage regulations. This project was held open for an additional year because of the high bid for paving Levee Drive that was received in late 1982. Therefore, it is time to close the construction fund. Also, as was the case last year, the HRA has earned interest on the KIfart tax increment while it was held pending remittance to the trustee. These earnings need to be transferred from the trust fund to the HRA General Fund. Requested Action Muve to approve the transfer of $93,841.06 for the HiRise Capital Projects Fund to the HiRise Debt Service Fund and $15,599.44 from the KIIart Fund to the F.RA General Fund. Zf TO: Commissioners of the Shakopee HRA FROM: Jeanne Andre , Executive Director RE: Payment for Tax-Increment Financing Legal Services DATE: February 7 , 1984 Introduction: The City Council has retained the services of O' Conner and Hannan to undertake a number of activities related to possible expansion of the K-Mart Tax-Increment Project Area . The Council initially recommended that the HRA authorize payment for these services from the K-Mart fund . HoweveV this alternative is now unavailable , so a different alternative must now be selected . Background: The City Council has requested a number of different services from O'Conner and Hannan . 1) Undertake fiscal and legal analysis of the potential of inte- grating and utilizing the K-Mart tax-increment district with the downtown redevelopment project , and possibly with a race- track development , at a cost not to exceed $5 , 000. 2) Represent the City in negotiating with Scotland developers for possible City participation in racetrack development through the use of tax-increment . This project is not to exceed $12 , 500. 3) Preparation of legal documents related to the creation of a tax-increment district for the racetrack . This project is not to exceed $7 , 500 and is to be reimbursed by Scotland if the racetrack is not located in Shakopee and the City is unable to charge these fees against the district project. The City Finance Director has indicated that the indenture for the current K-Mart Tax-Increment District provides that prin- ciple, interest and K-Mart Construction expenses are the only project costs which can now be paid from this fund . However , if the K-Mart bonds are refinanced , a new indenture could be drawn up to provide for payment of these new legal services expenditures . Therefore, a new source must be found to cover the expenses for legal services until such time the bonds are refinanced . $15 , 599. 44 has recently become available to the HRA as interest earned on K-Mart increment funds held by the HRA in 1983 pending remittance to the trustee. These funds plus similar funds the HRA received for 1982 could be utilized . Recommended Action: Direct the payment to O 'Conner and Hannan for legal services provided for consideration of the expansion of the K-Mart tax- increment project area and refinancing of the K-Mart tax-increment bonds in an amount not to exceed $17 , 500 , to be paid from the HRA General Fund and Request that the indenture created at the time of refinancing be structured to provide repayment to the HRA for these expenditures . 5 TO: Commissioners of the Shakopee HRA FROM: Jeanne Andre, Executive Director RE: Tax-Increment Financing Proposal DATE: February 3 , 1984 Introduction; The City Council has discussed revisions to the K-Mart Tax-Increment Redevelopment Project Area (Valley Industrial Park Redevelopment Project No. 1) during the past few months . Legal staff has now prepared documents initiating the proposed revisions . Background - The proposed revision includes the modification of the bound- aries of the Redevelopment Project Area for the existing K-Mart project . The boundary modifications will draw in the existing downtown redevelopment project area , large portions of the indus- trial park and that area to be served by the upper valley drain- ageway. (See attached map) The reasons for the proposed change are twofold . 1 . A new project area will be in place that includes the proposed racetrack site . Therefore , if the Shakopee racetrack site is selected , the steps necessary to create a new tax-increment district including the racetrack site will have been taken . The city is still negotiating with the race track developers details on the amount of increment funds which could be made available for improvements related to the race track . If the Shakopee site is not selected , final certification of this district will not be made and it will not be created . 2 . The creation of a new project area will also allow the City to explore a new financing source for significant community development projects such as the upper valley drainageway and downtown redevelopment . O'Conner and Hannan has conducted an analysis of the existing K-Mart bonds and determined that they could be refinanced and provide $6 million additional funds for further improvements . This refinancing would assure pay- ment of bonds for previously approved K-Mart improvements as well as new development projects determined by the City. The Downtown Committee has gone on record supporting consideration of this source for downtown improvements . HRA adoption of a modified redevelopment plan, review of, and comment on this plan by the Planning Commission and calling a hear- ing by the HRA on the proposed sale of land to Scotland are the initial steps necessary to provide for a racetrack tax-increment district and prepare for possible refinancing of the K-Mart bonds . The City is acting now in order to be able to have all of the pieces in place prior to Scotland ' s submission of a final application to receive the racetrack license. The final application will be due to the Racing Commission on March 1 , 1984, and the City will com- plete its actions by February 28th. Requested Action: 1 . Adopt Resolution No. 84-1 , a resolution Modifying the Redev- elopment Plan for Valley Industrial Park Redevelopment Project No. 1 . 2 . Adopt ' Resolution No. 84-2 , a resolution calling Public Hearing and Ratifying Published Notice Thereof on the Proposed Sale of Certain Land by the Housing and Redevelopment Authority in and for the City of Shakopee in Accordance with a Redevelopment Plan of the Authority. C'3 m C'j t r 5 s E � k s b liar �»S e'9Yu. w4�e LA- r-4 H i g z Ida t 7. _ �► i z i Z� .. ng�xs HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE CITY OF SHAKOPEE COUNTY OF SCOTT STATE OF MINNESOTA RESOLUTION NO. 84-/ RESOLUTION CALLING PUBLIC HEARING AND RATIFYING PUBLISHED NOTICE THEREOF ON THE PROPOSED SALE OF CERTAIN LAND BY THE HOUSING AND REDEVELOPMENT f AUTHORITY IN AND FOR THE CITY OF SHAKOPEE IN ACCOR- DANCE WITH A REDEVELOPMENT PLAN OF THE AUTHORITY BE IT RESOLVED by the Commissioners ( the "Commission- I ers" ) of the Housing and Redevelopment Authority in and for the City of Shakopee , Minnesota ( the "Authority" ) , as fol- lows : Section 1 . Public Hearing This Authority shall meet on Tuesday, February 21 , 1994—, at 7 : 00 p.m. , to hold a pub- lic hearing on the sale of certain land in accordance with a Redevelopment Plan of the Authority, as provided in Minne- sota Statutes , 462 . 525 . Section 2 . This Authority hereby ratifies publication of notice of such hearing published substantially in the form attached hereto as Exhibit A in the Shakopee Valley News . Adopted by the Commissioners of the Authority on Febru- ary 7 , 1984. Chairman ATTEST: Executive Director j Gf NOTICE OF PUBLIC HEARING HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE CITY OF SHAKOPEE COUNTY OF SCOTT STATE OF MINNESOTA NOTICE IS HEREBY GIVEN that the Commissioners ( the "Com- missioners" ) of the Housing and Redevelopment Authority in and for the City of Shakopee , City of Shakopee ( the "Author- ity" ) , County of Scott , State of Minnesota , will hold a public hearing on Tuesday, February 21 , 1984, at 7 : 00 p.m. , at the City Hall , in Shakopee , Minnesota , relating to the sale of certain land of the Authority to be acquired and sold in accordance with a Redevelopment Plan of the Authority, as provided in Minnesota Statutes , 462 . 525 . The property ( the "Development Property" ) is described as follows : The Northeast Quarter of the Southeast Quarter of Section 5 , Township 115 , Range 22 , Scott County, Minnesota excepting therefrom: The West 150.00 feet of the north 333. 00 feet of the Northeast Quarter of the Southeast Quarter of Section 5 , Township 115 , Range 22 . The South Half of the Southeast Quarter of Section 5 , Township 115 , Range 22 , Scott County, Minnesota . The Southwest Quarter of the Southwest Quarter of Section 4, Township 115 , Range 22 , Scott County , Minnesota . That part of the East Half of the Northeast Quarter of Section 8 , Township 115 , Range 22 , Scott County, Minnesota , lying northerly of the centerline of County Road No . 16 . The Northwest Quarter of Section 9 , Township 115, Range 22 , Scott County, Minnesota ex- cepting therefrom: The south 400 feet of the west 100 feet of the South Half of the Northwest Quar- ter. II j The East Half of the Southwest Quarter of Sec- tion 9 , Township 115, Range 22 , Scott County, Minnesota, lying northerly of the centerline f of County Road No. 16. The Development Property is proposed to be acquired and resold to Santa Anita Realty Enterprises , Inc . ( the "Company" ) pursuant to a Contract for Private Development Executed be- tween the Company and the Authority. The Company proposes to develop this property for use as a horse racing facility. `I 4 Dated : February 3 1984 BY ORDER OF THE COMMISSIONERS i .Tean.ne Andre Executive Director i i r i p� V r r HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE COUNTY OF SCOTT STATE OF MINNESOTA RESOLUTION NO. 84-4 A RESOLUTION MODIFYING THE REDEVELOPMENT PLAN FOR VALLEY INDUSTRIAL PARK REDEVELOPMENT PROJECT NO. 1 . BE IT RESOLVED by the Commissioners (the "Commission- ers") of the Housing and Redevelopment Authority (the "Au- thority") in and for the City of Shakopee , Minnesota (the "City") , as follows : Section 1 . Recitals . 1 . 01 . It has been proposed that the Authority modify by enlargement the Redevelopment Plan for Valley Industrial Park Redevelopment Project No. 1 (the "Redevelopment Plan") pursuant to and in accordance with Minnesota Statutes , Sec- tions 462 . 411 to 462 . 716 , inclusive , as amended . 1 . 02 . The Authority hereby determines that such modifi- cation is necessary and in the best interest of the City. Section 2 . Modification of the Redevelopment Plan . 2 . 01 . The Redevelopment Plan , as amended , is hereby ap- proved and adopted by the Authority. 2 . 02 . The Secretary of the Authority is hereby directed to submit the Redevelopment Plan, as amended to the Planning Commission of the City for their review and submission to the City Council of the City along with their written comments . Adopted by the Commissioners of the Authority on February 7 , 1984 . Chairman ATTEST: Executive Director 7 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ . REG . SESSION SHAKOPEE, MINNESOTA JANUARY 10, 1984 Mayor Reinke called the meeting to order at 7110 P.M. with Cnel. Colligan, Leroux, Vierling and Wampach present. Cncl. Lebens was absent. Also present were Lou VanHout, Utilities Manager and members of the Shakopee Public Utilities Commission (SPUC) Jim Cook, Barry Kirchmeier and Wally Bishop. Also present were John K. Anderson, City. Admr. ; Judith S. Cox, City Clerk; H. R. Spurrier, City Engineer; Gregg Voxland, Finance Director; Tom Brownell, Police Chief and Julius A. Coller, II, City Attorney. The Utilities Manager initiated discussion relative to replacement of the street lights on Second Avenue. He said the street lights have been in about 30 years, and are 'starting to create problems by burning out balasts, and there are no replacement parts, as they are obsolete lights. He said the best process would be to replace all the lights on Second Avenue and around the corners from Second. But that is a very expensive undertaking. He said regular street light mainte- nance is done at no cost to the City by SPUC, but he wondered when maintenance crosses over to capital improvement. He said the street lights are owned by the City. He said they could just replace bulbs and accessory work necessary as they burn out, but it would not look so nice to have mixed lighting down the block. They were wondering if the City would like them to wait to replace the lights until there is some tie-in with the downtown development, as they might want some different kind of theme lighting. The.,City Admr. said the Planning Commission and ICC will be bringing their recom- mendations to the City Council next week revardinva, the corceut clan for downtown. At that point the Downtown Committee will just be starting work on the imple- mentation element in the concept. So the point of recommendations for street lighting is quite a ways off yet. Wally Bishop arrived at this time, 7:17 P.M. The area in question was identified as Second Avenue from Scott to Sommerville, involving about 60 lights. .The Utilities Manager said that for the old lights that won't last until a downtown decision is made, replacement of high pressure sod-1u' i could be made, and if that is not the type of light wanted later, they could be added to stock and used elsewhere in the City for replacements. He said it could cost $10,000 to replace all the old lights. Discussion followed. Consensus was to continue at this time to have SPUC replace the burned out lights on Second Avenue between Scott and Sommerville on a maintenance program, and when the Downtown Committee makes a determination for a particular type of lights, discussion can be re-opened regarding a pay plan incorporating the Downtown Development area and the City. The Utilities Manager said that SPUC 's accountant thought it would be a good idea to discuss with the City what is involved in the calculations of the contribution to the City by SPUC, to make sure there are no misunderstandings. He said this is how it has been figured since 1978. He said the accountant takes the gross margin amount times 23.77% to come up with the contribution to the City. Mr. Bishop explained the history of the 23.77J c m tribution to the City. He said that percentage was arrived at because at one time the City wanted to keep a mini- mum of •$240,000 as SPUC's contribution. He added that last year SPUC paid $258,000, plus $9,050 for street light maintenance and $27,185 in free services. The City Admr. asked about the possibility of increasing the minimum of $240,000. He said that with inflation and the increase in the size of the business, the contribution at some point will be regularly higher than the minimum. , He said 1 the problem is trying to budget for this amount, not knowing exactly how much it will exceed theminimum,. He said SPUC's contribution amounts to one-third of the revenue of the City. Considerable discussion ensued. Mr. Bishop said the proposed acquisition of the co-op was a great uncertainty for them. He said making the yearly contribution to the City could be a strain because of a large project like that. The Utili+i.en Manager said that rate changes from NSP to SPUC are impossible to predict. He would have a problem with increasing the minimum contribution to the City. Mr. Bishop said that SPUC has an absolute ceiling on the rates, because they want to keep the rates to residents below what they would pay to NSP. He said in the past when the budget was tight, it was operating expense that was cut, not the City's share. Mr. Cook added that he thought the need to keep the rates below NSP is sacred. onaxop.o City .ouncll ' January 10,1984 Page 2 r Cncl. Leroux offered a suggestion of making a maximum amount for any reduction in one year, such as 5/. Therefore. in the event there has to be a cutback by SPUC, the reduction is not so much- to the City. The Utilities Manager said he didn't think the problem would be that SPUC would be consistently short, but that a problem might arise in one year that can't be predicted. He suggested the City put some amount of the $240,000 in a re- serve fund do craw from. Mr. Bishop said he doesn't know of any other community in the State that receives as much contribution as Shakopee does from the utilities. Mr. Kirchmeier suggested that after SPUC makes substantially greater contributions over a prolonged time, the possibility of raising the minimum could be looked at. He said now SPUC is only $18,000 over the minimum, and that isn't a very good cushion. He doesn't think it realistic to raise it at this point. The City Admr. asked how SPUC defines its reserve needs. He asked if there is a target amount. He said most communities have a small reserve fund, and then bond for major projects. Mr. Cook said they have five different reserve funds. He said four have definite targets, and one is more ambiguous. He said there are tremendous areas in the City that have needs for services. Mr. Kirchmeier said there are a number of things the Commissinn is truing to do at the same time . They serve the community in different ways. He said they have undertaken a project of removing all the PCB's from the City, which might cost $30,000-$40,000. Mr. Cook said they are not building massive reserves in their funds. Mr. Bishop said their accountant said their reserve funds were about where they should be. Consensus was to look at the possibility of raising the minimum contribution of SPUC to the City in a year. The Utilities Manager went over the items that were not included in the calcula- tion of the City's share. Discussion ensued regarding Miscellaneous Revenues and Miscellaneous Charges and Customer Penalties and Bad Debts. Mr. Kirchmeier said that if these miscellaneous sales were to be included in the calculations, then they should be charging 23.777o' to the custcmer on top of the cost, so it can be paid to the City. He said most of the sales are so small, it doesn't seem worth it. Discussion ensued regarding the cost of collecting penalties, and if it can be balanced by the bad debts. Customer penalties in 1981 were $25,000, and bed debts average about $3,00045,000. Consensus was to leave the calculation as it is, with Customer Penalties left in the calculation, and Bad Debts left out of the calculation, and discuss it again in a year. Now both parties are aware of it, and it can be watched. Cncl. Colligan said that one-third of the underground distribution service is paid up front, and that is not included in the calculation, so that could be left as an off-set. The Utilities Manager said that Miscellaneous Revenue is mostly things they are doing as a service at cost. Cncl. Colligan said it is like a pass-through service for the City, and it should not be added to. Consensus was to remove Miscellaneous revenue from -the calculations of the City's contribution. Mr. Cook said there is a 4-5 year contract for pole rental, wherein the extra 23.7 was not added. He would have no problem including that when the contract is renewed. The Utilities Manager explained that it is tough to break down the billing ex- penses, so the accountant takes the total expense times the percentage of revenue. Consensus was that seemed to be a fair and equitable way to fix the costs. The City Admr. asked where the late penalty on the utility bill goes. The Utili- ties Manager said the penalty is put only on the electric, so it goes only to the electric. He said there are no penalties for water, sewer or garbage. He said there is usually no problem, and the electric bill is the biggest. Consensus was to not have staff waste any time working on penalties for the other utilities of water, sewer and garbage. .uittnUix U vi uy UUUnC11 January 10, 1984 Page 3 a Mr. Bishop said the Commission feels the way that removal of excess snow from fire hydrants was handled in the last snow worked out well. He said it doesn't make sense not to coordinate it. Leroux/vierling moved to direct the appropriate SPUC and City staff to draft identical resolutions establishing joint crews of Public Works and SPUC as responsible for removal of excessive snow from hydrants, to be presented at the next regular meeting of City Council and SPUC. Motion carried unanimously. Leroux/Colligan moved to have a five minute recess at 9:22 p.m. Motion carried unanimously. Colligan/vierling moved to re-convene at 9:36 p.m. Motion carried unanimously. Staff member Steve Hurley went over the Request for Proposal and memo regarding a computer system for the City. He said the Police Dept. has special problems because of its confidentiality and access restrictions. The City Admr. said whether or not the Police Dept. could be included in the use of a computer is still being researched. Discussion followed regarding the comparison of the estimated costs of LOGIS, SPUC, CPU and microcomputers. It was determined that an extra $12,000 should be added to the cost of the CPU and microcomputer for postage and supplies to com- pare the systems. Cncl. Leroux stated he has a philosophical disagreement with Mr. Hurley, in that he doesn't think an end user should be able to change the format. If changes are absolutely necessary, they should be done by a qualified programmer. He believes in a fixed format. Mr. Bishop said the Commission does not want to become a part of this computer purchase. He said they are satisfied and comfortable with the system they have, and feel they should stay with it. Mr. Cook asked how the costs would be assessed to SPUC if they came into the City's system 2-3 years down the line. The City Admr. said he would anticipate they would be assessed some part of the system, plus the additional equipment necessary. Mr. Cook said that if the City would have to incur additional costs to enable it to have SPUC come on at a later date, he doesn't think the City should make that investment. The City Admr . said the City can ' t add another program to SPLIC ' s billing system, such as storm sewer, because it is full . He said SPDC is satisfied , but the City is not . Mr . Bishop said they have done most of what they want to do, and when the City put sewer and garbage on their system, that filled it up . He said they would like to get sewer and garbage off their utility bill, because most of the citizens think the total amount is their electric bill . Mr. Kirchmeier said for them the final analysis is need, as far as they can save staff time and save money, and that can't be justified right now. They could find a lot of things to do with a computer, but the need isn't there now. At this time SPUC should not be considered in the computer purchase. Colligan/Leroux moved to place the computer purchase on the agenda for City Council January 17, 1984. Motion carried unanimously. Mr. Bishop said SPUC has an unpaid utility bill from the Shakopee House that is a real source of irritation to the Commission, and they feel it should be to the City also. He said one of the Shakopee House's corporations filed bankruptcy and left SPUC with a $1300 unpaid bill. Then a new corporation filed the next day, and this new corporation refuses to pay the bill. He explained the new corporation is now paying some amount in arrears under protest because SPUC said they would shut off the electricity. He wondered if there was anything the City could do. Some discussion was held with the City Attorney about the events. He said the City may have some powers because of the liquor license, and he would research it further. Cnel. Colligan asked if SPUC had ever thought about allowing local advertising on the utility bills to generate money for SPUC. The Utilities Manager said it had been discussed some in the past, and they thought there might be some problems, but they could look into it further. Shakopee City Council January 10, 1984 Page 4 Leroux/Wampach moved to receive the petition dated December 12, 1983 from Arthur Hatch and direct staff to begin the normal 429 process as outlined in Resolution No. 2174, regarding the extension of Cavanaugh Drive, Roll Call : Ayes ; Unanimous Noes ; None Motion Carried Vierling/Colligan moved to direct the City Attorney to personally contact both Rubber Industries and Kaufman and Broad Custom Homes, Inc . , inform them the City has initiated the 429 process for road- way acquisition, and have him request that the two parties meet with him to resolve the matter to eliminate the necessary expendi- ture of City time and money on this petition . Motion carried unanimously. Leroux/Wampach moved to reconsider Resolution No . 2195 . Motion carried unanimously. The City Engineer explained the recommended revisions to Resolution #2195 • Leroux/Colligan offered Resolution No . 2195 , A Resolution Authorizing a Loan Application and Purchase of Property in Accordance with Minnesota Statutes Chapter 473, as revised, and moved its adoption . Motion carried unanimously. Colligan/Leroux moved to ad4ourn to January 17, 1984 at 7: 00 p . m. Motion carried unanimously. Meeting adjourned at 11 : 08 p .m . Judith S . Cox City Clerk Diane S. Beuch Recording Secretary .? OFFICIAL PROCEEDINGS OF SEE CITY COUNCIL A DJ. REG. SESSION S HAKOPEE, MINNESOTA JANUARY 17, 1984 Mayor Reinke called the meeting to order at 7:08 p.m. with Cncl. Lebens, Wampach, Colligan, Leroux and Vierling present. Also present were Rod Krass, Asst City Attorney; John K. Anderson, City Admr. ; Judith S. Cox, City Clerk; H.R. Spurrier, City Engineer and Jeanne Andre, Comm. Develop. Dir. Liaison reports were presented by Councilmembers. Mayor Reinke asked if there was anyone present who wished to address the Council on any item not on the agenda, and there was no response. Leroux/Lebens moved to approve the minutes of December 27, 1983 and January 3, 1984 and January 9, 1984 as kept. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Wampach moved to amend the minutes of December 20, 1983 to read on page 5, fifth paragraph from the bottom: "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 opposed to subtracting from an employee. Motion to amend carried with Cncl. Lebens and Leroux opposed." Motion carried unanimously. The City Admr. stated the City has been informed by Minnesota Pollution Control Agency that the level of inflow infiltration is low enough so the City doesn't have to make any major changes to the sewer system. Colligan/Vierling moved to place the letter from the Minnesota Pollution Control Agency, dated January 4, 1984 regarding the Infiltration Inflow Analysis on file . Motion carried unanimously. Colligan/Leroux moved to accept the resignation of Gene Pearson from the Shakopee Ad Hoc Downtown Committee. Motion carried unanimously. Leroux/Vierling moved to place on file the letter from Dean and Verena Smith, dated January 3, 1984 regarding their request for the extension of Fifth Avenue. Motion carried unanimously. Cncl. Leroux initiated discussion regarding the proposed legislation relative to the telephone system. Leroux/Colligan moved to direct staff to send a letter to our representatives in Congress and Senators in opposition to the legislation that has passed in the House of Representatives (HR 4102). Motion carried unanimously. Colligan/Vierling moved to open the public hearing on the application for $90 million dollars Commercial Development Revenue Bonds by Mn. Racetrack, Inc. Motion carried unanimously. The Asst City Attorney said this is the standard public hearing required to take comment from the public relative to this application. The City Admr. said the application fee is in order. Mayor Reinke asked if there were any comments from the audience. There was no response. Leroux/Vierling moved to close the public hearing. Motion carried unanimously. Discussion was held with Bruce Malkerson, representing the applicant about time constraints involved. He said a resolution was submitted originally, and if the City Council could act on that tonight, it would help him meet other deadlines. The City Clerk pointed out that it has been the Council's policy not to adopt a resolution the same night as the public hearing, but the Council could make an exception if it desired. The Ass't City Attorney said he has reviewed the reso- lution, which is the standard form resolution granting preliminary authority for the bonds in question, and has the standard language and protection for the City. Shakopee City Council January 17, 1984 Page 2 Lerou.x/Wampach offered Resolution No. 2212, A Resolution Reciting A Proposal For a Commercial Facilities Development Project Giving Preliminary Approval to the Project Pursuant to the Minnesota Municipal Industrial Development Act Authorizing the Submission of an Application for Approval of the Project to the Energy and Economics Development Authority of the State of Minnesota, and Author- izing the Preparation of Necessary Documents and Materials in Connection with the Project ($90 Million Dollars - Shakopee Racetrack Inc. ), and moved its adoption. Roll Call: Ayes; Wampach, Vierling, Leroux, Colligan, Reinke Noes; Lebens Motion carried. Colligan/Leroux moved to require of the applicant to submit to the City a surface water management agreement, pursuant to Conditional Use Permit Resolution No. 351, in conjunction with Council's adoption of the Resolution No. 2212. Motion carried unanimously. Leroux/Vierling moved to direct the appropriate City officials to make payments of $75.00 for clean-up expenses of Harlan Luebke, 137 West 7th Avenue, and the amount billed by Charles Fonder Cleaning Company for Mr. Dennis Miller, 628 Fuller St. , ,for clean-up provided November 8, 1983 because of a sewer back-up. Mr. Luebke said he is still not satisfied by this type of settlement, because he is looking at damages of $5,000.00. He said there should be another way to handle this. He thinks the City should have some type of policy to protect property owners in these events. Somehow there has to be more protection, even if it has to be assessed against all the homeowners and cost 50 cents more. He said his homeowner insurance doesn't cover it, and $5,000.00 is a lot to swallow. Discussion followed with suggestions for changing the policy in the future. Cncl. Colligan said he cannot go against the insurance company and the established policy, but some research could be done to afford better coverage in the future. Mr. Luebke said the only way he would have been covered is if he had flood in- surance, which seems ridiculous. He said even if there was some type of deduc- tible the property owner would pay, it would be better than this situation. Cncl. Leroux suggested some type of self-insurance where the City would have a policy of just paying for damages when a sewer backs up, and suggested legal counsel check into it. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Admr. suggested checking with the insurance agent to get some information without committing a lot of staff time. The Ass't City Attorney said he doesn't know how to get an insurance company to pay damages unless negligence is involved. Mr. Miller said that in cases where the City's main gets blocked, where it is clearly not the fault of the property owner, there should be a way to protect the homeowner. He said there was no doubt in this case, as there was clearly water coming out of the street, out of the manhole. He asked whose fault is this? Cncl. Leroux clarified that he was not talking about insurance, but rather the establishment of a fund by the City to make these payments without a determination of fault. He said this would take some study, and if anyone had any further sug- gestions, he would advise them to get in touch with staff. Leroux/Vierling moved to open the public hearing on the proposed improvement to the Hwy. 101 frontage road from CR89 to the west line of Cretex Industrial Park lst Add'n, by roadway construction. Motion carried unanimously. The City Engineer stated this latest re-alignment of the frontage road appears to be the most feasible of any of the alternatives proposed. Dan Johnson, of Suburban Engineering, who prepared the Feasibility Report, ex- plained the elements involved in the construction of the frontage road, the pro- posed participation of MnDOT and the financial considerations. He listed two alternatives for the cost of the project, depending on MnDOT's funding. Mayor Reinke asked for comments from the audience. Shakopee City Council January 17, 1984 Page 3 Ron Evans, of Pioneer Hybred (Peterson Seed), asked what the benefit would be to their property, when they already have access to Hwy. 101 on their property. The City Engineer replied that the benefit comes from an enhanced access. The property will be accessible from two directions, which is the primary difference that increased value. Mr. Evans replied that their property now is accessible from two directions, both eastbound and westbound Hwy. 101, within 100 yards. The proposed access would be 2 to 4 mile away, and he feels there would be no benefit to their property. Also, he said that having no frontage road to their property is beneficial because their property extends to the highway, and is attractive to the highway. He feels that the proposed frontage road would bring additional unnecessary traffic in .front of their property. He feels the frontage road is more beneficial to Cretex. He said the proposal was first made in 1979 or 1980, and they have been against it all the time, because they feel there is no additional benefit to them. Mr. Rost , School Bus Sales , said there is a $126, 000 cost to the City, which he assumes will be billed back to the property owners . He said he thought all the affected property owners were present, and asked how many wanted to support this proposal . A representative from Cretex said he feels this is a real benefit to their pro- perty. He said Hwy. 101 is heavily travelled, and he feels they will be getting a benefit, and supported the pro, ect . Don Wendt from Howe, Inc . said they feel their property value will be lessened, not enhanced by this project. They feel there is no benefit to them and are against it. Jim Roseene, representing Sam Gelt and NorthStar Auto Auction, said the spending of this money for this project doesn't seem to benefit them at all. He said that part of the price they paid for their property reflected the accessibility of it. He said he would be thrilled if he owned any property along there where the City was going to spend money on it to increase the accessibility of it. He said they are dead set against it. Mike Moulinex, of Ziegler, said they have been on record before opposed to this pro`ect, because they already have a road . He asked about his proposed assessment and the timing for the construction of the road . The City Engineer replied that the figure listed in the feasibility report would be his assessment , and the road is planned to be built in 1984, with assessments payable in 1985 • He added he doesn ' t know what kind of interest will be charged . Mr. Moulinex said they already have a road, and they hate to pay for another road that will run parallel to it. Mr. Rost asked what kind of costs the City has incurred that cannot be assessed if the project is not built. He said you are not talking about new businesses that want a road; it is existing businesses that have to be assessed, and we don't want it. He thinks the City has to demonstrate a need for the property owners. He said if it has to be built, the way it is designed now would make a beautiful service road. He said if the south By-Pass goes in as planned, Hwy. 101 will not be so busy. He said if there is a lot of money to spend, it would make a lot more sense to spend it at Valleyfair or Raceway Park. The City Engineer said that the property adjacent to Pioneer Hybred, PCI, was one penney per square foot as a result of this, and that value was also assigned to Pioneer Hybred. Mr. Evans said that Pioneer Hybred, North Star Auto and Howe, Inc. would not re- ceive any benefit from having their access moved i to 4 mile away, when they have access to a main highway within 100 yards. He cannot see any benefit. Cncl. Leroux said this road was not designed primarily to give access to any pro- perty. He said it was designed to protect the people that access the property. He said that with this service road vehicles will be entering and exiting at a controlled intersection, which will help protect property and lives because of the safety factor. Don Wendt Howe , Inc . said that in the 3 years he has been at that location, he doesn't believe there has been a tow-away accident at their inter- section. But he said he regularly hears sirens at the controlled intersection at CR89. He said the accident rate at their intersection is none or limited, but it is greater at the intersection they propose to add traffic to. Shakopee City Conncil January 17,1984 Page 4 Mr. Evans said the traffic can also exit at Shiely Road, which has no controls. He also suggested installing a warning light prior to the signal at CR89. Fur- ther discussion ensued regarding safety. Mr. Rost said that if the City is going to spend money, they should spend it wisely at a location like Valleyfair or Raceway Park, where hundreds of cars are exiting in a short time. He said he travels the road daily, and if he felt there was a safety problem, he would agree to the road. Jim Roseene said he is afraid that dealers after the Thursday auctions will use the relatively safe service road for a test track, which he doesn't think would be safer. He advised leaving the money where it is and build the road someday when it is needed. Mayor Reinke asked if there were any more comments, and there was no response. Colligan/Wampach offered 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 Cretex Industrial Park 1st Addition, Improvement No. 1984-1, and moved its adoption. The City Admr. sum- marized the resolution. Roll Call: Ayes; Reinke, Colligan, Leroux, Vierling, Wampach Noes; Lebens Motion carried. The Community Develop. Dir. explained the options the City has for participation in the 1984 Block Grant Application for Funding for Small Cities. She explained that if a two-year project was submitted, then another project could not be sub- mitted until that one is completed. She said that could impact negatively on the downtown project. Discussion ensued on submitting a scaled down version of the Second Avenue Project. She emphasized the time constraints involved and lack of a full staff right now. Cncl. Leroux suggested the possibility of working with the County HRA in making the application. Collig.en/Leroux moved to open the publ1c hearing regarding possible projects for 1984 Community Development Block Program. Motion carried unanimously. Mayor Reinke asked if there were any comments from the audience on this item, and there was no response. Colligan/Vierling moved to close the public hearing. Motion carried unanimously. Leroux/Wampach moved that the City not submit an application for Community De- velopment Block Grant for 1984. Motion carried unanimously. Discussion followed regarding the concept plan recommended by the Downtown Commit- tee. Cncl. Lebens asked about how much support the local businesses were pro- viding to this project. She said she liked the idea of some matching money by the businesses. Cncl. Wampach answered that he thought there was a lot of support from the businesses. He thought that when the City does something with the north side of First Ave. , that will trigger their participation. Discussion followed. Leroux/Coiligan moved for a five minute recess until the tape recorder is fixed. Motion carried unanimously at 9:00 p.m. Leroux/Vierling moved to re-convene at 9:11 p.m. Motion carried unanimously. Leroux/Colligan moved to direct staff to prepare a resolution to adopt Alternative B-1, Revised, as a concept plan for downtown redevelopment, and direct the Down- town Committee to seek means to implement the elements of the plan. Motion carried unanimously. Colli gan/Vierling moved to direct staff to prepare resolutions for members of the Downtown Committee, commending them for their efforts in developing a concept plan for downtown redevelopment, and offering City Council support to implement the plan. Motion carried unanimously. Rosemary Dineen, of the Housing Alliance, passed out the results of the surveys taken in Shakopee on senior housing. She said the survey showed there is a need and desire for senior housing in Shakopee. She said the Housing Alliance is in- terested only in building market rate or rental, not subsidized, units. She said Shakopee City Council January 17, 1984 Page 5 - they perceive they can go no further until there is a site selected. So the next step is to meet with the City and evaluate potential sites. She said their organization feels they cannot market the units, and need a sponsor. She said in Shakopee it could be a joint community effort. Their objective is to provide affordable housing for middle-income elderly. She said assistance from the City would be necessary. The City Admr. further explained the type of assistance the City could provide for the elderly to sell their homes and obtain this housing. Ms. Dineen said they may be talking about two smaller units; one a condo and one rental. She explained the association of owners would determine what services wau ld be avail- able, but it would be far from a nursing home in concept. Leroux/Lebens moved to direct the City Admr. and Comm. Develop. Dir. to meet with the Housing Alliance, and any others who may be interested, to see what kind of package can be put together for housing for the elderly. Motion carried unanimously. Leroux/Lebens offered Resolution No. 2210, A Resolution Authorizing the 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 , and moved its adoption. The City Admr. summarized the resolution. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Lebens moved to direct that the local match for the Huber Park Trail, estimated to be $43,705 will be provided with $29,113 from the park reserve fund and $14,592 from the capital improvement fund. Motion carried unanimously. Wampach/Lebens moved to authoxi ze $362 to be paid to Consolidated Mechanical for 1983 mobilization costs related to -the contract for the Huber Park Restroom Facilities. The City Engineer said it is his view that the total price will be lower for the facilities, even with the changes, if the project is re-bid. Roll Call : Ayes ; Unanimous Noes - None_ � Motion Carried. Vierling/Lebens moved to direct staff to determine the exact cost of termination of the contract with Consolidated Mechanical for the Huber Park Restroom Facilities and prepare a resolution to terminate the contract for Council consideration at its February 7, 1984 meeting . Motion carried unanimously. The Comm . Develop . Director said she will cost out the utilities for the two locations . The City Admr . explained the four alternatives to the existing metropolitan transit structure presented by the Legislative Staff at the January 11 , 1984 Legislative Task Force hearing on Metro- politan transit . He said that Staff recommends a combination of Model 1 and Model 4 . He said this is basically an expansion and better definition of the Opt Out concept . Colliga.n/Lebens moved to approve the proposed transit structure model as prepared by City Staff and outlined in the memo from Judi Simac , dated Jan . 12, 1984 and requested that said model be presented to the Legislative Task Force on Metropolitan Transit . Motion carried unanimously . Cncl. Colligan initiated discussion on problems with �noamobilers, and the inability of the City to require registration of snowmobiles. Colligan/Lebens moved to hold a public hearing on February 14 to discuss outlawing snowmobile riding in the City, and direct staff to prepare an ordinance for that evening outlawing snowmobile riding in the City. Motion carried unanimously. Leroux/Lebens moved to authorize the purchase of four Federal light bar/siren units from Uniforms Unlimited for $3044.80 for police vehicles. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Lebens moved to authorize the purchase of one Motorola Syntor mobile radio for $1280.00 from Motorola Company for the police department. Roll Call: Ayes; Unanimous Noes; None Motion carried. Consensus was that the City's fees aze high enough now, and an additional fee for plan review could ruin the incentive for builders. Lerou x/vierling moved to table a change in the fee schedule to charge a plan check fee for residential building permits. Motion carried unanimously. Shakopee City Council January 17, 1984 Page 6 The City Engineer outlined the proposed street rehabilitation and preservation program, which is proposing three assessment tiers. Considerable discussion ensued. He said that since Minneapolis has used this method, they have had only two challenges to the assessments, and they beat both of them. He pointed out this is only for residential. The Ass't City Attorney said that as long as the assessment policy is reasonable and related to what actually happens, there can be a separate policy for resi- dential and industrial. The City Engineer explained that to make this formula work, he would not do a small project in a zone, but would do the whole zone to benefit the entire zone. He said Minneapolis has 7 zones, and they come back to each zone every 7 years and do whatever is necessary. He said that after this formula is in place for some time, the succeeding assessments would be smaller because the work is on a clear maintenance program. Consensus was to use the straight line depreciation method when applying credit to the assessments for reconstruction when the improvements fail before they reach the design life of the improvement. Consensus was to have the City pay 1001 of the additional cost for width and structural sections for oversizing. The City Engineer and City Admr. pointed out the additional costs necessary for maintaining streets wider than 36 feet. Consensus was not to narrow streets that have additional width not required by functional class. The City Engineer would cost out an alternative where the City and Zone split the 75f cost, and the pro- perty owner pays 25%. The City Engineer said his proposed corner lot assessment policy ends corner lot assessments. He proposes to take the second side, the shorter side, and distribute it in the zone, to become a zone assessment. For an irregular shaped lot, there is a formula for figuring, which is still easier than applying the 100 foot credit. Consensus was to accept this proposal. Discussion was held on the topic of the direct assessment being varied to reflect the type or cost of the work performed. Mayor Reinke pointed out that those liv- ing along a County Road get by with a cheap assessment. The City Admr. said staff could look into some alternatives and bring that back as a separate item. Cncl. Leroux said he would think the rural developments would be in their own zones. Consensus was to vary the direct assessment to reflect the type of work performed along the abutting frontage, i . e . reconstruction vs . overlay. Leroux/Colligan moved to direct the proper City officials to accept the proposal from Westwood Planning and Engineering, and authorize Westwood Planning and En- gineering to proceed with the Collector ',+-reet Study from 13th Avenue to First Avenue at a price not to exceed $5 , 000 . troll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Lebens moved to authorize the proper officials to execute an agreement with Tri-S Towing Company to provide towing, impounding and storage of motorized vehicles for 1984. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Lebens moved that bills in the amount of $1,033,905.81 be allowed and ordered paid. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Clerk explained the balloting procedure to be used for appointments to boards and commissions. The City Admr. read the current policy regarding the closing of nominations for boards and commissions. Leroux/Wampach moved to suspend the rules of nomination. Motion carried with Cncl. Colli gan and Lebens opposed. Leroux/Wampach moved to re-open nominations for ICC. Motion carried with Cncl. Colligan and Lebens opposed. Leroux/Wampach moved to nominate James O'Neill for re-appointment to the ICC. Motion carried unanimously. Shakopee City Council January 1?, 1984- Page 7 The City Clerk said she received a call from the League of Women Voters who said that one of their members, Corrine McDonald, would like to be nominated to the Community Access Corp. The Clerk informed her that nominations were closed and she therefore could not be considered. Consensus was that since the rules were suspended, she could be considered. Leroux/Wampach moved to cast a unanimous ballot for Dan Steil for a three year term on the Police Commission. Motion carried unanimously. Wampach/Lebens moved to cast a unanimous ballot for Nancy Christensen for a two year term on the Community Services Board. Motion carried unanimously. Colligan/Vierling moved to cast a unanimous ballot for Bill Harrison for a three year term on the Cable Communications Advisory Commission. Motion carried unanimously. Leroux/Wampach moved to appoint 9 persons to the Community Access Corp. Roll Call: Ayes; Wampach, Leroux, Reinke Noes; Colligan, Vierling, Lebens Motion failed. Colligan/Lebens moved to appoint 7 persons to the Community Access Corp. Roll Call: Ayes; Lebens, Vierling, Colligan, Reinke Noes; Wampach, Leroux Motion carried. Results of the ballots cast for appointments to Shakopee Public Utilities Commission: First ballot: Colligan - Gorman Leroux - Gorman Vierling - Gorman Wampach - Kephart Lebens - Kephart Reinke - Kephart Second ballot: Colligan - Gorman Leroux - Gorman Vierling - Gorman Wampach - Kephart Lebens - Kephart Reinke - Kephart Third ballot: Colligan - Gorman Leroux - Gorman Vierling - Gorman Wampach - Kephart Lebens - Kephart Reinke - Kephart Consensus was to vote on the other appointments, and come back to SPUC later. Results of ballots cast for appointments to ICC: Colligan - Manahan, O'Neill Lebens - Manahan, Weeks Reinke - Manahan, O'Neill Leroux - Manahan, O'Neill Vierling - Weeks, O'Neill Wampach - O'Neill, ( voted for one candidate only} John Manahan and James O'Neill were elected to serve on the ICC for a 3 year term. Results of ballots cast for appointments to the Planning Commission: Colligan - Coller, Stoltzman Lebens - Coller, Stoltzman Reinke - Coller, Stoltzman Vierling - Coller, Stoltzman Leroux - Mensing, Stoltzman Wampach - Mensing, Stoltzman Fred Coller and Lee Stoltzman were elected to the Planning Commission for a four year term. Leroux/Vierling moved to cast a unanimous ballot for Glenda Spiotta for a three year term on the Energy and Transportation Committee. Motion carried unanimously. Results of ballots cast for appointments to the Community Access Corp. : Colligan - Abbott, Briese, Harrison, Hegfors, Morke, Roske, Ziegler Lebens - Abbott, Briese, Hegfors, Morke, Roske, Stafford, Ziegler Leroux - Abbott, Briese, Harrison, Morke, Roske, Ziegler, McDonald Vierling - Abbott, Harrison, Hegfors, Morke, Roske, Ziegler, McDonald Wampach - Abbott, Harrison, Hegfors, Morke, Roske, Ziegler, McDonald Reinke - Harrison, Hegfors, Morke, Roske, Stafford, Ziegler, McDonald Shakopee City Council January 17, 1984 Page 8 Jim Abbott , Bill Harrison, Barbara Hegfors, Gary Morke, Dennis Roske, Robert Ziegler and Corrine McDonald were elected to the Community Access Corporation. The 4th ballot for appointments to SPLIC : Colligan - Gorman Leroux - Gorman Vierling - Gorman Wampach - Kephart Lebens - Kephart Reinke - Kephart Leroux/Colligan moved to table appointments to SPDC until March 6 when all Council members will be present, at which time Randy Gorman and Jim Kephart will be invited to be present to answer questions of Council members . Motion carried unanimously. Leroux/Lebens offered Ordinance No . 141, Fourth Series, 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 of a Misdemeanor or Petty Misdemeanor" , and moved its adoption. The City Admr . summarized the ordinance . Roll Call : Ayes ; Unanimous Noes ; None Motion Carried Discussion took place regarding a mutually acceptable date for a goals and objectives session for 1984 . Council will meet with Department Heads to discuss goals and objectives on February 28th beginning at 6 : 00 p . m. and again on February 29th beginning at 12 : 00 p . m . Cncl . Vierling initiated discussion about compensating members of volunteer commissions and boards in some way . She said it wouldn ' t have to be monetary, but just some kind of recognition for their participation . The City Admr . will bring back a list of alternatives . Leroux/Vierling moved to 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 . Roll Call : Ayes; Unanimous Noes ; None Motion Carried. Leroux/Vierling moved to adjourn at 11 : 54 p . m . Motion carried unanimously. Judith S . Cox City Clerk Diane S. Beuch Recording Secretary t OFFICIAL PROCEEDINGS OF THE CITY COUNCIL SPECIAL SESSION SHAKOPEE, MINNESOTA JANUARY 23, 1984 Cncl .Colligdn called the meeting to order at 5 : 23 P.M. with Cncl .Lebens, Wampach and Vierling present. Cncl .Leroux and Mayor Reinke were absent. Also present were John K. Anderson, City Admr. , Jeanne Andre, Community Development Director. Ms. Andre reviewed her memo of January 18th, 1984 recommending that Council hire Toni Warhol to fill the secretarial position vacated by Jan Van Maldeghem. Discussion followed. Lebens/Vierling moved to hire Toni Warhol as Community Development Secretary, effective February 6, 1984, or thereafter, at a salary of $14, 496.00 per annum, with two years service credit on the clerical pay plan. Roll Call : Ayes; Unanimous Noes; None Absent ; Cncl .Leroux and Mayor Reinke Motion carried. The City Administrator then briefly discussed the League memo requesting volunteers for the League Local Government Aid Policy Process. Council- member Vierling asked that staff find out when and how often the group would meet, because she is interested in this topic. Vierling/Wampach moved to adjourn at 5 : 28 P.M. Motion carried unanimously. Judith S. Cox City C erk 7C0ecording rs n Secretary cc: ® .,s � AEA`T M" Gene Brown Agency, Inc. 119 SOUTH LEWIS STREET SHAKOPEE,MINNESOTA 55379 TELEPHONE:445-5560 President Vice President EUGENE A.BROWN ROBERT J.BROWN December 13, 1983 City Administrator City of Shakopee 129 E. is t Avenue Shakopee, Minnesota 55379 RE: All that part of Blocks 13; 177; 186; 187; 1$$, except Lot 6 and the East 10 feet of Lot 5; 189; 190; 191;192; 193; 194; 195; 196; 197; 198; in the City of Shakopee, Scott County, Minnesota, lying north of the following described line: Starting at a point on the west line of Shumway Street on the center line of Spring Street and running westerly along the center line of said Spring Street 1110 feet to the west line of Cass Street and thence southwesterly 684.7 feet to a point on the west line of Block 177, which is 50 feet south of the northwest corner thereof. Subject to an easement on all that part of the above described property taken by the State of Minnesota under its action of condemnation on or about November, 1955, designated as Parcel 46. Dear Sir: I hereby request that all of the platted streets and alleys in the above descrived property be vacated and deeded to Eugene A. Brown and Estherld. Brown, the owners of the described property. Please advise procedure. Thank you. Si erely, Eu ne A. Brown EABAvrte': ZSS3I." � IW rT0 A�3ICT i ,r rvr%-iv -O U .- r� 1 W :Z J ® O (� r ` - r 0� �. E"1 `"3Id i ------------ �� w; RESOLUTION NO. A RESOLUTION DENYING APPLICATION TO VACATE CERTAIN STREETS AND ALLEYS AS HEREIN DESCRIBED ALL WITHIN THE CITY OF SHAKOPEE WHEREAS, Eugene A. Brown and Esther W. Brown, his wife, are the fee owners of the following described property located in the City of Shakopee, County of Scott and State of Minne- sota, and described as follows : All that part of Blocks 13, 177, 186, 187, 188, except Lot 6 and the east 10 feet of Lot 5' 189 , 190, 191, 192, 193, 19�4 , 195, 19611 1197, 198 lying north of the following described line: Starting at a point on the west line of Shumway Street on the center line of Spring Street and running thence westerly along the center line of said Spring Street 1,140 feet to the west line of Cass Street and thence southwesterly 684. 7 feet to a point on the west line of Block 177 which is 50 feet south of the northwest corner thereof; all being subject to an easement on all that part of the above-described property taken by the State of Minnesota under its Act of Condemnation in November of 1955 designated as Parcel 46 ; and, WHEREAS, under date of December 13th, 1983 the said Eugene A. Brown and Esther W. Brown filed a request with the City of Shakopee asking that all of the platted streets and alleys in the above-described property be vacated and deeded to Eugene A. Brown and Esther W. Brown; and, WHEREAS, on the basis of investigations and actual know- ledge made and obtained by the Shakopee City Council as assisted by the City Attorney, the Council has determined that for a period in excess of 15 years prior to the adoption of the Laws of Minnesota for 1899, Chapter 65, approved March 18th, 1899 , ;1 the ownership of all of the above-described property has been held by a succession of various owners and during all of said period the said owners have continuously occupied and used all of the above-described property and the streets and alleys therein for farming and similar use, and that their use and possession by others than the City during all of said period was open, actual, continuous, notorious and exclusive insofar as the City of Shakopee and the public in general is concerned; and, r g � 2 _ WHEREAS, although platted by the plat of Shakopee City which was filed December 26th, 1855, none of the streets and the alleys have ever been laid out open, used or maintainer' by the City of Shakopee or any other public body as and for public ways, street , alleys or thoroughfares ; and, WHEREAS, by reason o£ such occupancy and use, and the fact that said streets and alleys were never actually laid out and maintained as such, the City of Shakopee does not now and for many years past have any right, title, interest or claim in and to any part of the above-described alleys and streets . The title thereto is in the owner of the above-described property by virtue of the foregoing. THEREFORE, BE IT RESOLVED BY THE SHAKOPEE CITY COUNCIL that the application of Eugene A. Brown and wife Esther W. Brown for the vacation of the alleys and streets as above- petitioned be and the same hereby is denied on the grounds that the alleys and streets were never laid out and never did in fact exist , and the City has no interest to vacate . Passed in Session of the Shakopee City Council held this day of , 1984. i x ` f MAYOR OF THE CITY OF SHAKOPEE i ATTEST: r i i CITY CLERK l Prepared and ap roved as to form this day of n• CITY ATTORNEY SCOTT COUNTY g - BOARD OF COMMISSIONERS ,F. COURT HOUSE 109 SHAKOPEE, MN. 55379-1382 (612)-445.7750, Ext.102 WM.KONIARSKI,District 1 ANTHONY WORM, District 2 R. E. MERTZ, District 3 MARK H. STROMWALL, District 4 ROLAND BOEGEMAN, District 5 January 4, 1984 TO: All Government Jurisdictions in the Prior Lake/Spring Lake watershed District FROM: Glenda D. Spiotta, Recording Secretary Scott County Board of Commissioners SUBJECT: Appointments of Managers Pursuant to ;Minnesota Statute 112.42, the Board of Commissioners for Scott County will be making appointments for a Manager of the Prior Lake/Spring Lake Natershed District at least 30 days prior to the expiration of Clarence Anderson' s term on March 3, 1984. The Board of Commissioners requests that you submit your recommendation for appointments for Manager prior to the January 31, 1984, Special Session of the Board of Commissioners. Please contact Commissioner Stromwall or myself with your recommendations or questions. Thank you. An Equal Opportunity Employer C IZENS STATE BANK . OF SHAKOPEE ® 1100 EAST 4th AVENUE SHAKOPEE, MINNESOTA 55379 TEL.: (612)445-8200 li January 26, 1984 Mr.John K. Anderson City Administrator City of Shakopee 129 E. First Ave. Shakopee, Mn. 55379 Dear Mr. Anderson: Thank you very much for your recent letter regarding your request that I serve on the Energy and Transportation Committee. I would be more than happy to serve on the Energy and Transportation Committee. The comments made in your j regarding the issues to be addressed by the Committee j sound very interesting and I would look forward to serving there. Please let me know what the next step might be in securing a position on that Committee. I look forward to meeting t you. Sincerely, CITIZENS STATE ,�ANK OF SHAKOPEE 1 James A. Weeks Chief Operating Officer JAW/ds CITY SSEHAKOPEE S E.,�I moi• �yR, T M V }� A r DORSEY & WHITNEY A Partnership Including Professional Corporations 2200 FIRST BANK PLACE EAST ��41HAKOPW MINNEAPOLIS,MINNESOTA 55402 880 WEST-FIRST NATIONAL BANK BUILDING (1512) 340-2600 201 DAVIDSON BUIL NG ST.PAUL,MINNESOTA 55101 8 THIRD STREET NORTH (612)227-8017 TELEX:29-0605 GREAT FALLS MONTANA 59401 TELECOPIER: (612)340-2868 (406)727-3632 P.O.BOX 848 340 FIRST NATIONAL BANK BUILDING SUITE 675 NORTH ROCHESTER,MINNESOTA 55903 1800 M STREET N.W. (507)288-3156 WASHINGTON,D.C.20036 (202)296-2780 312 FIRST NATIONAL BANK BUILDING THOMAS S. HAY WAYZATA,MINNESOTA 55391 30 RUE LA BOETIE 1612).475-0373 (612) 343-7965 75008 PARIS,FRANCE TEL:(1)562 32 50 January 16 , 1984 Mayor and City Council City Hall 129 East First Avenue Shakopee, Minnesota 55379-1376 Re: Employment as bond counsel Gentlemen: I was both surprised and very disappointed to receive Mr. John Anderson' s letter of January 12 advising us that the City Council took formal action at its meeting on January 3 to designate O'Connor & Hannan as City bond counsel . There is much I would like to say concerning this occurrence, but only a few comments seem worthwhile: 1 . The Dorsey & Whitney law firm wishes to thank you for the employment you have given us over the past several years . 2 . We remain ready to again serve as City bond counsel , on a general or selective basis , should the City request us to do so. 3 . We request to be permitted to continue to act as bond counsel on industrial revenue bond transactions in two cases : (a) where O'Connor & Hannan represents another party to the transaction; and (b) where the parties involved so request. These are common practices in most cities . 4 . We feel that we did a very good job in working for the City, and we should have been notified of projects relating to our employment, of any dissatisfaction or problem concerning our work or charges, and of a possible decision to change bond counsel . Most importantly, in view of our record and relationship, we should have been given an opportunity to make a presentation and to be evaluated and considered for this employment. � d DORSEY WHITNEY Mayor and City Council City of Shakopee January 16 , 1984 Page Two In reviewing our accounting records we find that we are presently carrying on our books $1 , 542 . 25 of time and disbursements with respect to Shakopee. This represents work done on various matters but not included in an earlier bill because the particular matter did not result in a bond issue or the amount of work was great in relation to the size of the bond issue. We were willing and able to defer billing because we expected to be employed on future bond issues and to render bills which over time would cover these unbilled amounts . In view of the present situations , unless the City decides to grant our request under paragraph 3 above, we would like to send a bill for the amount shown above. Please let us know your decision. Again, thank you. Very truly yo rs , Thomas S. Hay TSH: jvg [ cc: Mr. Rod Krass Mr. Robert Pulscher Mr. John Anderson Southwest Suburban Publishing, Inc. January 27 , 1984 City Council Members John Anderson City Hall JAS 3 Shakopee , Minnesota CITY OF SHA Gentlemen : The Commissioner of Education for the State of Minnesota has asked all school districts in the state to hold a town meeting to discuss the subject of education in Minnesota . The Shakopee school board has agreed to host one of the town meetings . The Legislature and the State Board of Education will need to make a number of public policy decisions with respect to education in the near future . It is extremely important that they know what the people of Minnesota want for their schools . The purpose of the town meeting is to gather ideas from Minnesotans so that these ideas can be considered when important public policy decisions are made that directly affect our schools . Each participant at the meeting will be asked to complete a short survey form. These forms will be collected and sent to the State Department of Educatioi, . Participants then will be divided into small groups to react to the following questions : 1 . What do you believe the purpose(s) of education in the 1980 ' s should be? 2 . What do you believe a Minnesota high school graduate in .the 1980 ' s (and beyond) should know and know how to do upon graduation? 3 . Should the school day and/or the school year be lengthened , shortened , or left the same? 4 . Who do you believe should be involved in making decisions about public education in Minnesota in the 1980 ' s? What changes do you bolieve are needed in public education in the 1980 ' s? These discussions will be recorded and summarized at the conclusion of the meeting . They too will be sent to the State Department of Education . The final activity will be an "open-mike" session during which anyone can comment on what might be done to improve education in Minnesota . This session will be taped , and the tape will be sent to the State Department . SHAKOPEE VALLEY NEWS • EDEN PRAIRIE NEWS • CARVER COUNTY HERALD JORDAN INDEPENDENT PRIOR LAKE AMERICAN 327 MARSCHALL ROAD,SHAKOPEE,MN 55379 • 612-445-3333 City Council Members - 2 - January 27 , 1984 The information, ideas , and suggestions will be analyzed and provided to state and local decision makers . Hopefully this infor- mation will provide our decision makers with a base upon which decisions , that will affect all Minnesotans , can be made. The town meeting will be held in the cafeteria of the Shakopee Senior High School on Monday evening, February 13 . The meeting will commence at 7 : 30 p.m. This project is being sponsored locally by the Shakopee Coalition and we would like to ask you to encourage the membership of your organization to attend . Education is an important part of our lives , and this is an opportunity to let our decision makers know what we want. Your support as a community leader will do much to make this event suc- cessful . Thank you for considering this request . Sincerely yours , Jbhn Neely Chairman Shakopee Coalition 00 RUBBER INDUSTRIES, INC. dd 200 CAVANAUGH DRIVE/ P.O. BOX 6/ SHAKOPEE, MINN.55379/TELEPHONE 612-445-1320 Ja wary 16, 1984 Shakopee City Council City Hall Shakopee, MN 55379 Ladies and Gentlemen of the City Council : We, the undersigned, are all residents of Shaiopee, Minnesota and surrounding communities. We are also employees of Rubber Industries, Inc. at 200 Cavanaugh Drive in Shakopee. We have recently learned that there is no pub is access to our company where we earn our livelihood. All of us are vital y concerned with the problem of access to our company to fulfill our wo king duties. All Rubber Industries employees, common carrier trucks, emergency vehicles, etc. , must gain access to our place of business over someone ( lse' s property. This situation is very disturbing to each of us and our families. il We believe that daily access to our work, our emotional security and personal safety requires that the City of Shakopee make the appropriate arrangements to provide Rubber Industries, Inc. , w th public access as soon as possible. We do petition the City Council to take this requested action. N�1e� Address ( ./ % �1 % I., r � C: :iST HiJe �� fl�o �Pr' ti/it/• S.�_: 7�� >7 r .� .�� , � %eel 4 (c)SON U uce mL SPECIALIZING IN CUSTOM MOLDED RUBBER PARTS AND PRECISE ROLLERS Name Address ev 77 , J Jt t-IL ,5 g _ - 5 S 37 Y �Ct�e�sd �fa - , / o 2 .� s s E jv 5- r Paz A rVL, Yy'lii2 5ss 2— l� Q— OIL1 t Name Address ' rt / ,t ✓ / �1�L{ <, �.{< ';, --�GZU�_ ���¢-Q �j-S.O C�• ��/0 E---G �aaa�_ _ /1?� �s ski g 3°;— e454- p 5,,� as/c, 4 4 s r MEMO TO: ' Cable Communications Commission a4J FROM: Judith S . Cox - City Clerks�--�__ RE: Completion of Initial Cable System DATE: January 16 , 1984 INTRODUCTION: On January 3 , 1984, the City received notice from Mr. Abbott of Zylstra United that the cable construction and interconnect between Chaska and Shakopee were complete on December 29 , 1983 . BACKGROUND: The Company has been accruing penalties for non-completion of the system since November 9th for the following : a ) 6 ,000 feet of conduit . b) Interconnect . c ) Undercrossings at CR 16 and CR 1-8 . d) Restoration. e ) Construction of area at 4th and Minnesota . The City earlier asked the company to delay the restoration in public right-of-way until Spring. With this exception, it appears that the construction of the initial service area is complete and that penalties should cease . Aftbough Mr. Abbott did contest the completion of the inter- connect as part of the initial service area , he is not contesting the penalty as he acknowledges that the cable on CR 16 had not been completely pulled through the conduit and thus , the two remaining outlying areas could not be turned on until December 29 , 1983. The borings at CR 16 and CR 89 have been made and the area at 4th and Minnesota is served, pursuant to Mr. Abbott ' s letter of November 23, 1983 . The Franchise Ordinance provides that the city may charge to and collect from the Security Fund liquidated damages for failure to complete the system construction in accordance with Grantee ' s initial service area plan at $100. 00 per day or part thereof (Sec . 9 .03) . ALTERNATIVES : 1 ) Charge the Company $100. 00 per day from November 9 through December 29 = $5,100 . 00. 2 ) Don ' t charge the Company . w Cable -Communications Commission Page 2 January 16 , 1984 Rather then drawing the penalty out of the Security Fund and then requesting the Company to replenish the Fund, Mr . Abbott has asked if he could simple pay the City the penalty directly. This procedure would be simply for both the Company and the City. RECOMMENDED ACTION : Recommend to Council that Zylstra United be notified in writing to pay the City $5 , 100.00 in liquidated damages for 51 day' s delay in completing construction of the Initial Cable System, which amount shall be paid within 10 days after receiving written notice . JSC/bn Jan. 23 , 1984 Cable Commission Recommendation: Harrison/Abeln moved to recommend to City Council that Zylstra-United be notified in writing tc pay the City $5 , 100.00 in liquidated damages for 51 days delay in completing construction of the Initial Cable System, which amount will be paid within 10 days after receiving written notice ; and to further recommend that ZU pay the City directly, rather than drawing the penalty out of the Security Fund. Motion carried with Comm. Davis opposed . Harrison/Abeln moved to recommend to City Council that the $5, 100 penalty fee be deposited in the City ' s General Fund to be used for the purpose of defraying cable costs. Motion carried unanimously. ble television a Z%Istra•United S}stem ,January 3, 1984 Members of City Council Members of Cable Commission Mr. John K. Anderson, City Administrator Ms. Judtih S. Cox, City Clerk City of Shakopee 129 E. 1st Avenue Shakopee, MN 55379 Dear Council & Commission Members, Mr. Anderson & Ms. Cox: This is to inform you that on December 29, 1983, at 5:00 p.m. , construction was com— pleted on the subscriber network and the interconnect between Chaska and Shakopee. Very truly yours, J.W. Abbott for Zylstra United Cable CITY OF SHAKOPEE P.O. Box 146 123 West 3rd. St., Chaska, Minnesota 55318 • (612) 448-3831 MEMO TO: Cable Communications Commission FROM: Judith S . Cox, City ClerlZ� - (_,_ RE: Shakopee Community Access Corporation By-Laws . DATE: January 17 , 1984 INTRODUCTION: There is a contradiction between the Franchise Ordinance and the Corporation By-Laws relating to initial Board of Directors . BACKGROUND: The Franchise Ordinance states that not less then one of the Grantee ' s representatives shall be included on the initial Board of Directors . The By-Laws of the Corporation state that there shall be one ex-officio member appointed by the Cable Company to the Board of Directors . Section 14. 04 of the Franchise Or.dinanace states that the Franchise may be amended upon a two-third ( 2/3 ) vote of the Council of the City and the written consent of Grantee . I spoke with Mr. Abbott and he stated that he would like to have a representative from ZU on the Board and that he would like to serve in that capacity himself . It appears that the only alternative is to amend the By-Laws to coincide with the Franchise Ordinance . ALTERNATIVES : 1.1- Amend By-Laws to coincide with the Franchise Ordinance - representative will be a voting member until his term expires , thereafter, he shall be ex-officio. (The Corporation could amend this themselves , at a later date, to permit the ZU representative to be a voting member, if they so desire . ) The City Attorney recommended that you may wish the Company to nominate and the City Council to appoint the ex-officio member. 2 ) Amend By-Laws to coincide with the Franchise Ordinance , but expand them to include the representative as a voting member permanently. RECOMMENDATION: Alternative one would be more in line with the Commissions original intent . ACTION REQUESTED: Recommend to City Council that the By-Laws of the Shakopee Community Access Corporation, Section 2 . 21 , last sentence be amended to read , "not less than one ( 1 ) of the Cable Company ' s representa- tives shall be included on the initial Board of Directors and upon dCL_ Cable" Communications Commission �T Page 2- January 17 , 1984 expiration of his term, and, thereafter , there shall be one ex- officio member on the Board of Directors nominated by the Cable Company and appointed by the City Council" . JSC/bn Jan. 23 , 1984 Cable Commission Recommendation; Abeln/Davis moved to recommend to City Council that the By-Laws of the Shakopee Community Access Corp . , Section 2. 21 , last sentence , be amended to read "not less than one ( 1 ) of the Cable Company ' s representatives shall be included as a regular voting member on the initial Board of Directors, and upon expiration of his term, and thereafter, there shall be one ex-officio member on the Board of Directors nominated by the Cable Company and appointed by the City Council" . Motion carried unanimously. !t06 MEMO 'f0 Cable Communication' s Commission cL FROM: Judith S. Cox, City Clerk RE: Shakopee Community Access Corporation By-Laws . DATE: January 18 , 1984 INTRODUCTION: As long as you are looking at amending the By-Laws at this time , Bill Anderson has asked that you consider expanding the membership qualifications . One question has already come up regarding residency in Shakopee . The following is taken from the Northern Cablevision Access Rules and Procedures and could be easily added to the current By-Laws , if you desire : 2 . 114 Be a person , group, organization or other entity who has a residence , business address , or school address in the franchise service area . 2 . 115 Be a person with a residence , business address , or school address in a municipality, adjoining the franchise service area , which does not have a cable system. JSC/bn Jan. 23 , 1984 Cable Commission Recommendation: Abeln/Harrison moved to add to the current By-Laws of the Access Corp . the following section: 2 . 114 Be a person, group, organization or other entity who has a residence, business address or school address in the franchise service area. Motion carried unanimously. Pival October 24, 1983 BY-LAWS �. SHAKOPEE COMMUNITY ACCESS CORPORATION, INC. I. Purpose: The Shakopee Community Access Corporation, Inc. is a non-profit, tax- exempt community organization formed to serve the citizens of Shakopee, Minnesota through the use of the cable television network franchised by the City of Shakopee. The primary purposes of the Corporation are: 1.1 To facilitate, promote, coordinate and assist in public service community programming of benefit or interest to the members of the Shakopee community; 1.2 To inform and educate members of the community of the potential communication benefits and services which cable television can provide to Shakopee; 1.3 To provide training and technical assistance that will help the members of the Shakopee community realize the potential of cable television as a source of noncommercial means for communication; 1 .4 To serve as a resource center for information, materials, programming, and equipment; and 1.5 To serve as a receiving, holding, and disbursing entity for monies intended for use of the cable television medium. II. Organizational Structure: The Shakopee Community Access Corporation, Inc. is composed of the membership, Board of Directors and Committees or staff necessary for fulfillment of the Corporation's purposes. 2.1 Membership 2.11 Membership Qualifications: A member in good standing shall: 2.111 Have a bona fide interest in the noncommercial use of the video - medium. 2.112 Be in substantial agreement with the objectives of the organization as set out in the articles of incorporation. 2.113 Pay dues as established in these by-laws and due no later than the annual meeting. 2.12 Membership Priviledge Each member in classes 2.141 and 2.142 in good standing of the Shakopee Community Access Corporation is entitled to vote on motions, resolutions, and other appropriate matters that come before the membership at any regular or special meeting. i I.b MEMO TO: John K. Anderson, City Admin. FROM: Judith S . Cox, City Clerk <�� RE: I .R. Bonds for Minnesota ` Racetrack, Inc . DATE: February 3, 1984 INTRODUCTION: When Council adopted the resolution giving preliminary approval for the $90,000,000 I .R. Bond for Minnesota Racetrack, Inc . on January 17 , 1984, it was in conjunction with the appli- cant submitting to the City a surface water management agreement . BACKGROUND: The applicant would like the application to be submitted by the City on February 6th, in order that the Minnesota Energy and Economic Development Authority may take action at its meeting on February 15th. Since the applicant may not be able to submit the agreement to the City by February 6th, they have asked that the application be sent to the State and that the agreement will be provided prior to final approval by the City. ACTION REQUESTED: Authorize proper City Officials to submit the application of Minnesota Racetrack, Inc . for $90,000 ,000 I .R. Bonds to the State of Minnesota and direct that Minnesota Racetrack, Inc . be notified that the City Council will not give final approval until a surface water management agreement is submitted to the City. JSC/bn MEMO TO: Mayor and City Council FROM: Computer Task Force RE : Data Processing Alternatives DATE: February 2 , 1984 INTRODUCTION: Following SPUC ' s decision not to join the City in the purchase and use of a computer system at this time , the Com- puter Task Force has investigated modifications to the alter- natives presented in the memo dated November 22 , 1983 . BACKGROUND: In the November 22nd memo , the alternatives presented were : 1 ) Mini computer system with a Central Processing Unit ( CPU) , fixed disk drive and accompanying CRTS , printers and software . 2 ) Departmental micro computers -- stand alone computers for selected departments along with printers and software . 3 ) No change . Modifications to systems 1 and 2 can be made in either the configuration of the system and/or the scheme of acquisition. Modifications to the Mini computer system with the CPU could be made in the way the total system is acquired. A minimum system could- be purchased with the idea that the rest of the system would be acquired on a per piece basis as conditions warranted. A mini- mum system would consist of : 1 CPU & Disc Drives $ 8,000 2 CRTS ( "Dumb" )* 4,000 Software 12 ,000 Printer 2 ,000 Misc . (Cables , etc . ) 2 ,000 $28,000 *Micro computers are available at $4,000 each. There are a couple variations on the micro computer system available . The first is an unconnected, free standing group of micros placed in the departments with the greatest need. These computers would not be able to communicate with each other unless they were connected with phone lines and modems but could share data by copying or sharing floppy discs . Data Processing Alternatives Page 2 February 2 , 1984 Similar, but much more versatile , are micro computers net- worked together in a ZENIX or ARCNET type system. In the ZENIX system one "intelligent" computer acts as the controller for the remaining "dumb" terminals . The ARCNET system uses an active hub as an organizer to control the system of micro computers . Costs can be approximated as follows : HP-150 Standing Micros Networked Micros Micros ZENEX ARCNET "Intelligent" CRTS $14,000 ( 6 ) $ 4,000( 1 ) $24,000( 61 $19,000( 6 ) "Dumb" CRTS 0 105000( 5 ) 0 0 Hard Disc Drive 0 45000 0 0 Net Working Hard & Software 0 25000 25000 Software (Spread Sheet , Data base management , basic , word processing) 12 ,000 2 ,000 23000 8 ,000 TOTAL $36 ,000 $22 ,000 $28 ,000 $27 ,000 Software costs for each system are very similar and probably can be estimated at $500 per software package . Copyright and sales agreements dictate that software be purchased for each computer . That could drastically raise the cost of software for free standing micros , including HP-150' s . Since the others are systems they may not be subject to the same rules . Of the two networked systems , the ARCNET type is superior since the integrity of the system remains intact if one or more components fail . The last alternative would be to purchase one or more Hew"16tt Pachald micro computers so that communication with LOGIS would '3e certain , although communication with LOGIS via another brand of computer is possible . The advantage of course is that data stored in the LOGIS main frame could be accessed. However, given the limited use of LOGIS now, it may not be warranted. The networking of HP-150' s is not yet possible but will be available in the near future . Costs would be similar to the previously mentioned micro costs . Data Processing Alternatives Page 3 February 2 , 1984 CONCLUSION: TOTAL COST COMPARISON Mini Computer Hew I ett Pac k ar W/CPU and Hard Stand Along Networked 150 Disk Drive Micro Computers Micro Computers Micro Computers $28 ,000 $36 ,000 $28 ,000 $27 ,000 Aside from the cost factor , questions to be considered before purchasing computers and software are : 1 ) Will the computer be able to communicate with LOGIS ' s HP 3000 mainframe computer or is it even necessary given the HP-125 that is currently connected and given the limited ( financial applications ) use being made now and also given the possibility of the City becoming independent of LOGIS? 2 ) If a series of micro computers are purchased , are they able to communicate with each other? 3 ) Could the software available be tied together as in a Data Base Management System or is it independent and unrelated? jl L Data Processing Alternatives Page 4 February 2 , 1984 COMMUNICATION & SOFTWARE COMPARISON Mini Computer Networked Hewlett W/CPU & Hard Stand Alone Micro Packard 150 Disk Drive Micro Computers Computers Micro Comp. 1 ) Communication Probably Possible for each Possible w/ Yes , with with LOGIS? not necessary. CRT, but would re communica- separate quire modem for tions link. phones & each connection. modems for each CRT. 2 ) Communication between Yes Possible with Yes Possible w/ terminals . phone lines & phone lines modems . & modems . 3 ) Common data base software Common Independent Independent Common if or indepen- connected dent . to LOGIS , otherwise independent . The software for the mini computer with CPU and data base structure offers more versatility but at a higher cost . Networked micros can communicate and share data but don' t have the ultimate capability of the mini . RECOMMENDATION: Decide on the approach to pursue for acquiring a data processing system. MEMO TO: John K. Anderson, City Adm. FROM: Judith S . Cox, City Clerk(, RE : Application From Q Petroleum for an Off-Sale 3 . 2 Beer License . DATE: February 1 , 1984 INTRODUCTION: The City has received an application from Q Petroleum for an Off-Sale 3. 2 beer license at 234 West 1st Avenue . BACKGROUND: The application is in order and there are no delinquent taxes on the property. ALTERNATIVES : 1 ) Approve application. 2 ) Deny application. ACTION RECOMMENDED: Approve the application and grant an Off-Sale 3. 2 beer license to Q Petroleum at 234 West 1st Avenue . JSC/bn No 233—Non-lu oxi for Retail License to 8e11 1LIIlanDa�le`'a.r 1[IIIsaaDdY Non-lntozicatlnt licit Lipaora'OFF" P»sbea. (Rev. 1979) RETAIL "OFF SALE" state 0f,, jnnCAOta, CITY 0 o ...................... ......... �". f................................OF...................^ ..a e� County f...�..... . . :°�: A / ��" the. , G` x /L��/ �c.... .......of the. �l�-<( r C� ...........of. ..4:C,:L-.................... To .... . .�. .. .... . .. . ..................State of Minnesota: �.......`L e. ° r` ... ` .:4.� L4 Z.......................................................................................... hereby appl..!�L`�.for a license for the term o �..' �! r� �J.�, C..:....`?./ 11 ........ , 19......... , to sell da o .......'`'�.'....._.. l fromthe................ ............y...!...:..:....:.............. y f............. ......... In Original Packages Only, Non-Intoxicating Malt Liquors, as the same,are defined by 4w, for consumption "OFF" thme certain premises in the............. . ...`............... <_ c � .......................o � ........ 1 „ described as follows, to-wit:..................... ....................................... .......................................... ........... a lira operate..- busin4MS..............o f........ ................ ............ .. .. at which plana said pP �.....:. c �z 1 C '.. ...................................... ........................ ...................................... and to that end represent.......and, state,...-:Las follows: That said a.pplioant. ��� " .� ... .``::: iun....... of tha United States;of good moral character Z/(_C o tor........of the and repute; and ha.-`� ...attained the age of 01 years; that............ -..`.......:.. `'_...... ........ proprietor establishment for which the license will be issued if this application is granted. That said applicant......... ake�/ hhis application pursuant and subject to all the laws of tau Stats of rn Minnesota and the ordinances and regulations of said............................. . . ..............applioable thereto, which are hereby made a part hereof, and hereby agree.........to observe and obey the same: .............................................................. . ...................................................... l"lou e) ..•.....•....•...........••.•. state other reCal»menL. It acf.o>!IooRl rw¢u Each appli ant further states thatA_/ Os not now the holder of, nor has —he)made application S does� e�ntend to make application for a Feoeral•,Retail Dealer's Sp for, nor ecial tax stamp for the sale of intoxieatin� liquor. n i ,, 'r��/ �..5 �.�.� ...., 19.. .�.V.Y....... ....................................... .............................................. Dated............. .. ....� -:.: . �- , ct.!.?.:......................... ...� .. '� {� dppltcaM...... . I< ll MEMO TO: John K. Anderson, City Adm. FROM: Judith S . Co RE: Community Acceh poration - Terms of Board of Directors . DATE: January 31 , 1984 INTRODUCTION: Members on the Board of Directors were appointed by City Council on January 17th. Terms of the members need to be established . BACKGROUND: Terms of members are three years and shall be staggered. Some terms of the initial members will be less than three years in order to establish staggering terms . The results of the balloting will be of some help in determining terms : Alternative #1 Gary Morke 6 ) Dennis Roske 6 ) 3 3-Year Terms Robert Ziegler 6 ) ) Jim Abbott 5 ) ) Bill Harrison 5 ) 2 2-Year Terms ) 2 1-Year Barbara Hegfors 5 ) ) Terms Corrine McDonald 4 ALTERNATIVES : a) 3 Year - 3 members 2 Year - 2 members 1 Year - 2 members b) 3 Year - 2 members 2 Year - 3 members 1 Year - 2 members c ) 3 Year - 2 members 2 Year - 2 members 1 Year - 3 members ACTION REQUESTED: Appoint to three year terms on the Community Access Corporation. Appoint to two year terms on the Community Access Corporation. Appoint to a one year term on the Community Access Corporation. .7Q1^ /}„, K. Anderson, Y Cit Administrator I MEMO T0: John FROM: Judith S. Cox, City Clerk RE: Personnel Policy Regarding Vacations , DATE: February 2, 1984 Introduction On January 19th, John, Gregg, Marilyn and Judy met to discuss the interpretation and implementation of the following excerpt from the City's Personnel Policies: "Sc . 8, Subd. 1 - All part-time and full-time employees shall earnvacation leave in accordance with the following schedule: (For part-time employees this shall be computed on the basis of time actually worked.) 0 - 5 years of employment - 10 days 6 - 15 years of employment - 15 days 16+ years of employment - 20 days Background Upon occasion the City hires an employee to work part-time, and later the employee goes to full-time. A method of computing vacation, beginning; in the employee's sixth year, needs to be established. Alternatives Of the five alternatives discussed, the first two would clearly be a deviation from the original intent . 1) When a part-time employee becomes full-time, give full credit for part- time years of service. 2) When a part-tine employee becomes full-time, give no credit for part- time years of service. 3) Adjust the anniversary date to reflect full-time service. 4) Continue pro-rating vacation until employee completes five full years of service . 5) Alt . #3, but if employee leaves before he has benefitted for what has been adjusted, he will receive severance pay. Example Mary worked three days a week for years and then became a full-time employee. During the two of 3/5th's time Mary earned 6 days vacation per year. When Diary went full-time she began earning 10 days vacation per year. When Mary begins her sixth year of employment, how shall she earn vacation? Alternative 1 - Mary will receive the full three weeks per year. Full credit for part-time service Alternative 2 - hary will receive only two weeks vacation for another two years. No credit for part-time. Alternative 3 - Mary at 3/5th's time for two years is equal to approximately 14 months full-time . Mary's anniversary date would be adjusted accordingly to reflect full-time credit. In essence, she is given 14 months full-time credit for her two-years part-time and would have to work a total of five years and 10 months before she would begin to accrue the three weeks vacation per year. Personnel Policy Regarding Vacations Page 2 February 2, 1984 Alternative 4 - Mary will receive two weeks plus three days vacation per year during years 6 and 7 until she has been a full-time employee for five full years. (Similiar to how vacation is pro-rated for part-time employees right from the start .) Alternative 5 - Same as Alternative 3, with the exception if Ifary leaves the employ of the City before she has received her full vacation earned but deferred because of the adjusted anniversary date, she will be paid for the pro-rated third week earned. Of nine cities polled: Four gave no credit for part-time service (2) ; Two gave full-time credit for part-time service (1); One pro-rated employees part-time service (3); Two have not had the problem occur. Recommendation In an attempt to keep things simple, the Finance Department prefers Alternatives 1 or 2, with 3 or 5 as next choice solutions. Currently, Alternatives 3 & 5 have been followed when this situation has arisen. To be consistent with what I perceive as the intent of the personnel policy, I prefer Alternative 4 or 5. In an attempt to keep things simple for Finance, and also be consistent with the original intent of the personnel policy, I recommend Alternative 5. If Council wishes to be more generous, I recommend Alternative 1. Action Requested Direct Staff to prepare the proper resolution amending the personnel policy to clarify how vacation shall be figured for any employee beginning his sixth year of: employment who was part-time before becoming full-time, to include the adjustment of the anniversary date to reflect full-time service and if an employee leaves before he has benefited for what has been adjusted, he shall receive severance pay. JSC:mmr MEMO- TO: Mayor and Council FROM: John K. Anderson RE: Reappointment of Russell Heltne to the Lower Minnesota River Watershed District . DATE: February 2 , 1984 INTRODUCTION In 1982 changes to M.S . Chapter 509 were made in the process of appointing Managers to Metropolitan Watershed Districts . Those changes permitted Cities and Towns having territory within the lower Minnesota River Watershed District to submit the names of at least three qualified nominees to the County Board for appointment to the Watershed District . BOARD VACANCY On March 22 , 1984, Russell Heltne ' s term of office on the Board will expire . The appointing authority is the Scott County Board , and Mr. Heltne has indicated to the Board that he would like to be reappointed. I have discussed Mr. Heltne ' s performance on the Board with Joe Ries the County Administrator and with George Muenchow from Community Services . Both indicate that Mr. Heltne has been very responsive to the needs of Scott County and Shakopee . Mr. Heltne is a Shakopee resident and works at the Midland Glass Company in Shakopee . ALTERNATIVES 1 . Recommend to the Scott County Board that Russell Heltne be reappointed to the lower Minnesota River Watershed District . 2 . Submit one or more other names for possible appointment to the lower Minnesota River Watershed District . 3 . Make no recommendations to the Board for appointment to the lower Minnesota River Watershed District . RECOMMENDATION The Scott County Board is required to consider names sub- mitted in nomination by local government . Joe Ries indicated on February 2nd that no other local governments had submitted any names for nomination to the Watershed District as of the 2nd; however , I believe Shakopee should go on record by sub- mitting a name in nomination. Furthermore , based on the comments from George Muenchow and Joe Ries , I believe Mr . Heltne is probably the best qualified nominee . � f Reappointment of Russell Heltne to the Lower Minnesota River Watershed District . Page 2 February 3 , 1984 ACTION REQUIRED Pass a motion placing in nomination the name of Russell Heltne for appointment to the lower Minnesota River Watershed District Board by the Scott County Board upon the expiration of his term March 22 , 1984. JKA/bn MEMO TO: John K. Anderson, City Admin. A4 a FROM: Judith S . Cox, City Cler RE : Special Municipal Parking Lot Permits . DATE: January 30, 1984 INTRODUCTION: For a number of years , the City has been granting a permit to Jack Brambilla to park 12 vehicles in the Black Arrow Park- ing Lot , without time limitations . Last summer the City granted a similar permit to Levee Drive Associates for 16 spaces in the same parking lot . BACKGROUND: Both parties are interested in renewing their permits with the City for 1984 and both have provided the City with signed agreements . I checked with both Tom Brownell , Chief of Police , and Jim Karkanen, Public Works Superintendant , and both have no problems with the agreements being renewed. ALTERNATIVES : 1 . Approve agreements for 1984. 2 . Deny agreements for 1984. RECOMMENDED ACTION: Authorize and direct proper City Officials to enter into an agreement with Jack Brambilla and also with Levee Drive Associates for a Municipal Parking Lot Permit for 1984 for the Black Arrow Parking Lot . 1984 SPECIAL PERMIT MUNICIPAL PARKING LOT The City of Shakopee, Minnesota , the owner of a municipal park- ing lot known as the Black Arrow Parking Lot , hereby grants to Brambilla ' s Autos the right to park vehicles in twelve ( 12) spaces in said parking lot without limitations of time, and which spaces are to be appropriately marked by the City, and shall be the first twelve ( 12 ) spaces west of State Highway 169 abutting the alley in Block 5 , Original Shakopee Plat , and the grantee shall pay to the City in advance , the sum amount of Ten Dollars and no cents ( $10.00) per space per year . This permission is for a period terminating on December 31 , 1984, and may be cancelled by either party on thirty ( 30) days written notice to the order, in which case unearned portions of the fee charged , if any, shall be refunded. If permission is cancelled by the City for a violation of the terms and conditions hereof by the grantee herein, there will be no refund . There shall be no sales of vehicles and no repairs or storage of vehicles incapable of being legally gperated upon public streets pursuant to the terms hereof. Cars which will not start because of dead batteries shall be permitted. Cars which do not have current registration shall not be permitted. The permit granted hereby is for Che sole and exclusive use of the grantee named herein and agents and employees of said grantee and no other person. The grantee shall keep the portion of said lot covered hereby in a neat , clean, and safe condition at all times and shall not permit or tolerate snow birds on any portion of the areas covered hereby , and the grantee assumes all risks incident to the use of the premises for parking space and shall indemnify the City against any loss , damage , or expense resulting from personnel injury or damage to, or loss of, property caused in any manner by the Lessee , and against any loss , damage , or expense resulting from injury to the Lessee , and against any loss , damage , or expense resulting from injury to the Lessee, to the agents of the Lessee , to the employees of the Lessee and to the general public. This agreement supercedes the agreement dated January 18, 1983 by and between these same parties . IN TESTIMONY WHEREOF, this instrument is executed this day of , 19 BR BILLA'S AUTOS CITY OF SHAKOPEE By w r ByIt s­Tayor ` BY Tts Administrator By Its City er 1984 SPECIAL PERMIT MUNICIPAL PARKING LOT The City of Shakopee, Minnesota, the owner of a municipal park- ing lot known as the Black Arrow Parking Lot , hereby grants to "Levee Drive Associates" , and their tenants , the right to park vehicles in sixteen (16 ) spaces in said parking lot without limitations of time, and which spaces are to be appropriately marked by the City, and shall be the first sixteen ( 16 ) spaces immediately east of Fuller Street and south of Levee Drive in Block 5, Original Shakopee Plat , and the lessee shall pay to the City in advance , the sum amount of Ten Dollars and no cents ( $10.00) per space per year. This permission is for a period terminating on December 31, 1984, and may be cancelled by either party on thirty ( 30) days written notice to the other, in which case unearned portions of the fee charged, if any, shall be refunded. If permission is cancelled by the City for a violation of the terms and conditions hereof by the grantee herein, there will be no refund. The lessee hereby agrees to provide up to three parking spaces as needed, at the highr. ise site for handicapped congregate dining parking. There shall be no sales , repairs , or storage of vehicles and all vehicles must be currently licensed and operational . The permit granted hereby is for the sole and exclusive use of the lessee named herein and tenants of said lessee and no other person. The lessee shall keep the portion of said lot covered hereby in a neat , clean, and safe condition at all times and shall not permit or tolerate snow birds on any portion of the areas covered hereby, and the lessee assumes all risks incident to the use of the premises for parking space and shall indemnify the City against any loss , damage , or expense resulting from personnel injury or damage to, or loss of, property caused in any manner by the Lessee, and against any loss , damage , or expense resulting from injury to the Lessee , to the tenants of the Lessee, and to the employees of the Lessee . The City shall continue providing snow removal services for the parking lot in the same manner as it provides services to all munici- pal parking lots . The lessee and his tenants shall cooperate with the City as needed to permit snow removal . This agreement supersedes the agr ment dated June 6, 1983 by and between the same parties. IN TESTIMONY WRIZEOF, this instrument is executed this day of 1984. LEV INE ASSOCIATES CITY OF SHAKOPEE By By Its Mayor John Bergstad Tit 1 Man g,„g_.Gc;—r��t-ner— g 300 Butler North yTts_7� ministrator Add ess 510 FirstMinneapolis, MN MN 55403 Bylts er MEMO TO: John Anderson/City Administrator FROM: LeRoy Houser/Build.ing Official RE: Building Equipment Maintenance Contract DATE: January 26 , 1984 Introduction: We have contacted the three local companies qualified to service City building equipment . Background: Each year we have accepted building equipment maintenance proposals on an hourly rate basis . I contacted Associated Mechanical , Ries Heating and Sheet Metal and Steins , Inc . The only bidder to reply was Associated Mechanical . Attached is their bid. Recommendation: Accept the proposal of $1 ,500.00 , (Spring check up - $900.00 , Fall check up - $300.00 and Winter check up - $300 .00) and the rate of $42. 50 per hour plus parts for all repair work completed on "call" or done not in conjunction with normally scheduled maintenance checks from Associated Mechanical for the 1984 operational year. Action Requested: Authorize proper City Officials to execute the maintenance contract with Associated Mechanical for $1 ,500.00 and the rate of $42 . 50 per hour plus parts for all work completed on "call" or done not in conjunction with normally scheduled maintenance checks, for the 1984 operational year. LH:cau Attachment e � �� I100 NORTH MARKET -+ SHAKOPE—F., MN b5379 it-- RHONIE 445-5100 City of Shakopee January 18 , 1984 1.20 E. lst Ave. Shakopee, MN 55379 We propose the folloi,7ing Maintenance Contract for the year 1984 :as follows : A. Will inspect all air conalitioners and heating units three tires per year -,.t ints:rv;�!ls c;f :dour months. B. Lubricate all motors and bearing housings. C. Adjust all pulleys and belts . U. Furnish labor for installation of all parts necessary for proper operation at time of scheduled service call. E. All work under this agreement is to be completed within the normal eight hour working day. Any overtime work done upon of or with the approval of the city of Shakopee will be sub- ject to overtime charges at lk times per hour. F. It is further provided that the date on which service will be rendered each period will be determined by the service man' s itinerary. However, all possible arrangements will be made to render such services as close to that date most convenient to the owner. G. The City of Shakopee will pay for all parts and material . H. This agreement does entitle the City of Shakopee to emergency service calls. I. All repair work completed on "call" or done not in conjunction with normally scheduled maintenance checks will. be billed out at the rate of $42. 50 pe. hour, plus parts. All the above for the sum of: One thousand five hundred and 00/100 ($1,500 , 00) . To be billed as follows: Spring check up, May $900. 00 Fall check up, September $300 .00 Winter check up, January $300 . 00 Respectfully Submitted, Associated Mechanical Contractors, Jnc. "Jose ph M. Sand, Jr. President ` g a 3 r � r ISS CALENDAR YEAR 1984 EQUIPMENT MAINTENANCE CONTRACT WITH CITY OF SHAKOPEE 129 EAST FIRST AVENUE, SHAKOPEE, MN 55379 TYPE OF EQUIPMENT All plumbing, heating and air conditioning. LOCATION Attached to, or located upon, or in all City property and/or buildings. SCHEDULED CALLS PER YEAR Three ( 3) or on notice of defect. IN CONSIDERATION OF PAYMENT OF $1,500.00 PER YEAR A) Will inspect all air conditioners and heating unit three ( 3) times per year (May, September and January) at intervals of four (4) months . B) Lubricate all motors and bearing housings . C) Clean, adjust all pulleys and belts . D) Furnish labor for installation of all parts necessary for proper operation at time of scheduled service call . E) It is further provided that all work under this Agreement is to be completed within the normal eight (8 ) hour working day. Any overtime work done upon request of or with the approval of the City of Shakopee will be subject to overtime charges at 1' times per hour. F) It is further provided that the date on which service will be rendered each period will be determined by the service man' s itinerary. However, all possible arrangements will be made to render such services as close to that date most convenient to the owner. G) The City of Shakopee will pay for all parts and materials . H) As a maintenance contract , this Agreement does entitle the City of Shakopee to emergency service calls . I ) It is further provided that all repair work completed on "call" or done not in conjunction with normally scheduled maintenance checks will be billed out at the rate of $42 . 50 per hour. CONTRACTOR CONTRACTOR CITY OF SHAKOPEE BY BY City A min stratorssociate Mechanical nniical BY City Clerk MEMO TO: Mayor and Council FROM: John K. Anderson, City Admin. RE: Metropolitan Waste Control Commission (MWCC) Septage Management Program. DATE: February 3, 1984 INTRODUCTION On January 11 , 1984, the City received the attached letter and maps from Donald R. Madore of the MWCC proposing two poten- tial septage disposal sites in Shakopee . The City Engineer and I have reviewed the proposed sites with MWCC Staff to provide the following background for Council . BACKGROUND Approximately two year' s ago, the City of Shakopee established a single septage disposal site at the Public Works Building. The City established a procedure for handling septage disposed of at the site which required a fee for dumping. Since that time the site has not been used. In establishing the site it was acknowledged that the site was not ideal , but Council had a desire to provide property owners with septage systems a place to dispose of the contents of their on site septage systems . The MWCC is now in the process of identifying some 26 existing or potential septage disposal sites in the metropolitan disposal system, including two sites in Shakopee . The City Engineer has reviewed the two sites and feels that the Blue Lake Treatment Plant site would be excellent , but has concerns about the County Rd. 16 site . Those concerns include site access problems , site ownership problems and lack of site washdown facilities . ALTERNATIVES 1 . Notify the MWCC that the City would accept both the Blue Lake Treatment Plant site and the County Rd. 16 site. 2. Notify the MWCC that the City would accept the Blue Lake Treatment Plant site, but has concerns about the County Rd . 16 site and would encourage the MWCC to consider only the one site for Shakopee because of the reasons listed above . 3. Recommend against both the septage disposal sites in Shakopee . Metropolitan Waste Control Commission (MWCC) Septage Management Program. Page 2 February 3, 1984 RECOMMENDATION Because City Council , in 1981 , decided that it was important to provide septage disposal sites in Shakopee for City residents not served by the sanitary sewer system, it seems appropriate to recommend that we have at least one site in Shakopee . Furthermore , because the City Engineer has listed several problems with the County Rd. 16 site and we have acknow- ledged problems with the site at the' Public Works Building, alternative #2 seems the logical choice. This alternative would provide Shakopee residents with septic systems , a disposal site in a very controlled setting. ACTION REQUESTED Pass a motion directing the appropriate City Staff to contact the MWCC in response to their letter of January 11 , 1984, indicating that the City of Shakopee would support a septage disposal site at the Blue Lake Treatment Plant , but recommends -against the proposed site on County Rd. 16 because of ownership problems , access problems , lack of washdown facilities , and availability of a site within 3 miles at the Blue Lake Treatment Plant . JKA/bn METPOPOLiTAA WAITE conTROL COf11miIPion Twin Cities Area January 11, 1984 A'lr. John K. Anderson, City Administrator City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 Subject: Septage Management Program Dear Mr. Anderson: During 1981, the Commission adopted Waste Discharge Rules for the Metropolitan Disposal System (MDS) . These rules require all Waste Transport Haulers who discharge septage into the MDS to have a Permit issued by the Ca mission. The Waste Discharge Rules also require the Commission to specify the locations and conditions for discharging into the MDS. Based on the requirements of the Waste Discharge Rules and directives from the Metropolitan Council, the Ccaudssion is developing a Septage Management Program. Two of the main objectives of the program are to i designate approved septage disposal sites within the MDS, and to implement a uniform user charge system for the haulers discharging into the NIRS. Recently , personnel from the Commission inspected a total of 26 existing or potential septage disposal sites in the MDS, including a site located in your community. Each site was evaluated for such factors as access, safety, odor and .nuisance potential, distance from residential areas, noise, maintenance costs, etc. Based upon this evaluation, the site located within your community is being considered as a potential designated septage disposal site. The proposed site is located on a Commission interceptor north of the intersection of Eagle Creek Boulevard and Pike Lake Trail . The discharge mangle is approximately 30' from Eagle Creek Boulevard on the right-hand side of a dirt-gravel access road . A disposal site is also proposed to be located at the Blue Lake Wastewater Treatment Plant. As you may recall, in March, 1982, the Commission sent a questionnaire regarding site designation to all the communities in the MDS. At that time, your community had no objection to having an approved septage disposal site within its boundaries. We are requesting that you confirm that position so that we can continue with the site designation process. 350 METROlOUARE BLDG. 7TH 6 ROBERTITREET/ /AInT PAUL Mn 55101 6I2 222.8423 s� Mr. John K. Anderson, City Ac dnistrator January 11, 1984 Page 2 As part of the Septage Management Program it is proposed that the Waste Transport Haulers apply through the affected aDnuunity for use of approved disposal sites. The application will be made via the "Disposal Site Use Form". A draft copy of this form is attached. In addition, the user charge being proposed for the program will result in a volume credit being given to the communities receiving septage within their borders. The wlume credit will kw--� based on the amount of septage discharged as reported by the haulers on their seni.-annual reporting forms. Personnel frau the Camnission will contact your community in the near future to discuss the disposal site designation process and the Septage Management Program. If there are any immediate questions or concerns, please contact Mr. Leo H. Hermes of the Commission's Industrial Waste Section at 771-8845 (extension 108) . Thank you for your interest and cooperation. Sincerely, / Donald R. Madore DEpzty Director of Quality Control cc: Louis J. Breimhurst, MWX Attachment DRM:DAK:CLL �( K SITE MAP COMMUNITY: Shakopee ADDRESS : Pike Lake Trail and Eagle Creek Blvd. (Co.Rd.16) CONTACT PERSON : John K. Anderson, City Administrator (445-3650) SITE DESCRIPTION AND COMMENTS : Site located on the north side of the intersection of Eagle Creek Blvd. (Co. Rd. 16) and Pike Lake Trail . Site has a dirt-gravel access road used primarily for farming. Farm buildings are located to the east and west of the access road. The discharge manhole is located approximately 30 ft. from Co.Rd. 16 on the right side of the access road. ;HA1 OPEE I i I D[ar. I Lok I I I I - - - - - -- - - 14 - - + - - - - 13 G� o �GEEK 1lVp. � a 6 co,q0 I I 6 I _ DIRT-GRAVEL = FIELD ACCES = � ROAD D. t I °> FARM FARM ► DISCHARGE Pik L k MANHOLE AVE I30 F I 0 � W g CO. D.42 a RD.76 140TH ST. N.E. + �g c sYe VAGLE I CC �•• ,`oy i f N EK • CO 1 I PRIOR •f KE '' - • - R°' g� I • I... •ooc•> STREET S I GN I FIELDQJ FIELD NATO*"&EACM T•.■. `O.• I JJ _ I ( b N 'At. I y. •o•` I EPRIOR LAKE d I " PI � SITE MAP COMMUNITY: Blue Lake WWTP ADDRESS : Route 1 , Box, 1066, Shakopee, Minnesota 55379 (on Hwy. 101) CONTACT PERSON : Doug Maulwurf, Plant Manager (445-4061) SITE DESCRIPTION AND COMMENTS : Site located on Highway 101 approximately 112 miles east of Valley Fair Amusement Park. Site located on the Blue Lake Waste- water Treatment Plant grounds as shown below. A gravel pull -off area and a raised concrete platform equipped with an aluminum hatch cover designate this septage dump site. � I i 1 i 1 I 1 acU i LA" r Vaney Pair A=Ment IISHu Part ( _ ----- -------- - - ---------- LA" A L 101 BLUE LAKE WWTP PLANT GROUNDS �` • CAC/C)AVE • 1 � 1 � ( I ARKING GRAVEL PULL-OFF AREA — ISED CONCRETE LATFORM WlTq ALUM I NUt,4 HATCH COVER HWY 1 0 1 WE.S T BOUND -- ---EAST BOUND —� i METROPOUTAn WRM DISPOSAL SITE USE FORM axTr x commmonFOR WASTE TRANSPORT HAULERS MiJOSED WASTE TRANSPORT HAULER ( PERMITTEE) INFORMATION NAME OF COMPANY MAILING ADDRESS CONTACT PERSON MME JOB TITLE PHONE NUMBER The Waste Transport Hauler(Permittee) must take this Disposal Site Use Form to each community that has a disposal site that the Permittee wants to use, and have a community official sign the form. When completed, the Disposal Site Use Form shall be returned to the MWCC Industrial Waste Section, 350 !.ietro Square Bui1dina, St. Paul , MN 55101 . COMMUNITY APPROVAL The City of hereby grants approval for the above named Permittee to discharge transported septage into the Metropolitan Disposal System at the disposal site located at This approval requires that the Permittee comply with all local regulations and all Industrial -Discharge Permit conditions reoardino disposal site use. This community approval expires when the Permittee's Industrial Discharge Permit expires. Special Conditions Signed: Community Official Date Title Phone Number Permittee Sioniture MEMO T©: John K. Anderson, City Adminis ator FROM: H. R. Spurrier, City Engineer RE: Shakopee Race Track EIS DATE: February 2 , 1984 I have reviewed the attached letter received January 30th from Deborah Pile , Minnesota Pollution Control Agency, regarding the above captioned matter. Background Pursuant to earlier discussions with the Minnesota Pollution Control Agency' (MPCA) , the City of Shakopee has agreed to give MPCA an opportunity to review and approve all issues regarding air quality, water quality and solid waste disposal prior to the submittal of the Scope , draft EIS and final EIS to the Environmental Quality Board. The attached agreement formalizes that understanding. It is my recommendation that the City execute that agreement with MPCA. Action Requested Motion to authorize proper City officials to execute the agreement between the Minneosta Pollution Control Agency and the City of Shakopee regarding preparation of the Environmental Impact State- ment for the Shakopee race track. HRS/jms ti J�- Minnesota Pollution Control Agency January 27, 1984 Mr. John Anderson City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 Dear Mr. Anderson: At the request of the Environmental Quality Board (EQB) staff, we have begun to execute specific agreements with the various local units of government preparing racetrack environmental impact statements. It was felt that having one document which both parties had signed was superior to the letter ex- changes delineating our understanding of the responsible governmental unit and other environmental review responsibilities. Attached are three copies of an agreement, the language of which I believe accurately covers our previous understanding. This agreement is essentially identical to those already developed with the cities of Blaine, Woodbury and Savage. If this agreement is satisfactory, please have the appropriate individual sign all three copies and return them to me. I will return one copy to you and for- ward one to the EQB after they have been signed by the Minnesota Pollution Control Agency Executive Director. Please call if you have any questions on this matter. Sincerely, Deborah R. Pile Director ' Office of Planning & Review DRP:es CITY CSS Enclosure Phone: 296-7799 1935 West County Road 62, Roseville, Minnesota 55113-2785 Regional Offices • Duluth/Brainerd/Detroit Lakes/Marshall/Rochester Equal Opportunity Employer '® January 25, 1984 Environmental Quality Board Room 100, Capitol Square Building 550 Cedar Street St. Paul, Minnesota 55101 Re: Shakopee Racetrack, Shakopee, Minnesota TO WHOM IT MAY CONCERN: The City of Shakopee has prepared an environmental assessment worksheet (EAW) for the above-referenced project. It is a project in which an environmental review is mandatory under rules 6 MCAR §3.038N.2, Q.2 and BB.1 and 6 MCAR 93.039J.1. According to those rules, there are two possible responsible governmental units (RGU) , the City of Shakopee and the Minnesota Pollution Control Agency (MPGA) . It is agreed that for the EAW and environmental impact statement process, the City of Shakopee would be the RGU with the following condition: The MPCA will be given the opportunity to review and approve all issues regarding air quality, water quality and solid waste disposal prior to the submittal of the scope, draft EIS and final EIS to the Environmental Quality Board. Thit agreement hereby satisfies rule 6 MCAR 93.024E.2.a of the Environ- mental Review Program. City of Shakopee MN Pollution Control Agency MEMO TO: John K. Anderson, City Administr for FROM: H. R. Spurrier, City Engineer ' 11 RE: Road Turnbacks DATE: February 2 , 1984 Introduction Attached is a map showing two sections of frontage road that have been ( turned back) to the City of Shakopee as turnback roadways . Background These roadways have been turned back pursuant to Minnesota Statutes and the City has no alternative but to accept the section. In order the prevent future title problems , it is important for the City to record the deed we have received for this former State highway right-of-way. It is recommended that the City Council authorize the proper City officials to record the City' s interest in this right-of-way. Action Requested Motion to direct proper City officials to record the deed from Minnesota Department of Transportation for two turnback sections on Trunk Highway 169 west of Third Avenue and Harrison Street . HRS/jms CITY OF SHAKOPEE TURNBACK - SECTIONS I •IJP• o_--_ mail�-ql %R* ; j �- �yle 1 }Ll g -U Twirimm I I f 1500 0 1500 3000 V= 1500' scale feet I / A1 Memo To: John K. Anderson, City Administrator From: Gregg Voxland, Finance Director Re: Farm Lease W/Mr. Theis Date: January 13, 1984 Introduction & Background Council has approved renewing the fram lease with Mr. Theis for 1984. Due to flooding of about 5 acres last year and the same expected for 1984, he is asking to reduce the price by 4 from $616 to $462. The lease with Mr. Hauer has a price reduction clause for flooding. Alternatives 1 . Amend lease to include a clause for a price reduction from $616 to $462 for crop/acreage loss due to flooding. 2 . Do not make change in lease offered. 3. Some other variation of above. Recommendation Recommend Alternative #1. Requested Action Move to amend the lease offered Larry Theis by including a clause allowing for a price reduction from $616 to $462 for crop/acreage loss due to flooding. GV:mmr Ac Memo To: John K. Anderson, City Administrator From: Gregg Voxland, Finance Director Re: Sewer Bill Adjustment Date: January 19, 1984 Introduction & Background Two customers have requested that Council adjust their sewer bills for the upcoming billing cycle. They have built swimming pools and filled them in the fall (October) through their garden hose. The water that went into the pools will show in the winter consumption base that is used for determining sewer bills for the next 12 months (April 84 -March 85) . The adjustment policy that Council adopted (see attached) affords some relief in one case but a higher bill in the other instance, due to lawn watering. The usage adjustments requested for the last quarter of 1983 water usage are: Tom Lick, 1751 E. Shakopee Ave. 25,000 g Willy Rein, 1070 Madison 24,000 g Alternatives 1. Grant requests. 2. Stand by current policy. 3. Modify policy. Recommendation Recommend alternative no. 3, modify sewer bill adjustments policy to read: Administrative Policy No. Based on a motion made by the Shakopee City Council at it's February 7, 1984 meeting, Council has set the following policy as a guideline for sewer bill adjustments. Fall - Winter quarters (September to March) water usage used to establish a residential customer's yearly sewer bill, shall be replaced by the customer's average "winter period" water use from prior years when the current "winter period" usage is incorrect due to "uncontrollable leaks or extraordinary usage." When there is no applicable prior period base, the average usage of 15,000 g per quarter shall be used. Action Requested Move that the Fall - Winter quarters (September to March) water usage used to establish a residential customer's yearly sewer bill, shall be replaced by the customer's average "winter period" water use from prior years when the current "winter period" usage is incorrect due to "uncontrollable leaks or extraordinary usage." When there is no applicable prior period base, the average usage of 15,000 g per quarter shall be used. GMV:mmr f(b Administrative Policy No. �I Based upon a motion made by the Shakopee City Council at its June 30, 1981 meeting, Council has set the following policy as a guideline for sewer bill adjustments . Winter quarter water usage , used to establish a customers yearly sewer bill , shall be replaced by the customer' s average monthly water usage for the prior 12 months when winter quarter usage is incorrect due to "uncontrolable leaks or extraordinary usage". MEMO T0: John K. Anderson, City Administrator FROi1: Gregg Voxland, Finance Director RE: Property Tax vs User Fee for Refuse Removal (Informational) DATE: February 2, 1984 Introduction Council has requested a report exploring the property tax versus user fee option of financing refuse collection. BackKround This report is based on ideas and data generated by staff, League of Minnesota Cities, City of Minneapolis and a report by the Minnesota State Planning Agency. The report by the State is basically a survey and an excerpt is attached. Conclusions drawn from the report are that the majority of cities have private collection systems (no city involvement) and that of the reminder, cities are switching from municipal (city crews) to contract (Shakopee) systems . Also, 21% of the cities are reporting no use of fees and cities with municipal collection have been switching to contract collection and user fees. Some of the pro and cons of the user fee are outlined below. Pro 1 . The user of the service pays for the service. 2. The user "sees" the service paid for. 3. The fee is outside of the City's levy limit . 4. One group or class does not support another, i.e. coiamercial, industrial, agricultural or vacant land does not pay for services to residential customers. 5. Shakopee system is non—exclusive, user can select what hauler they want . 6. There is a direct relation of the cost of the service to the payment . 7 . Negative psychological impact of "increasing taxes" where user fee is already in place. Con 1. Can not deduct fee off of income tax return. 2. Billing effort & cost (paid to S.P.U.C.) 3. Increased local tax effort may result in increased local government aid. 4. Higher tax would partially offset by homestead credit for those houses that are not at the maximum. However, the State has reversed it 's trend and has started cutting back on homestead payments, so this factor is decreasing in importance. 5. If there is no fee, there is no incentive for people to try to save money by disposing of garbage by inappropriate means, (roadside, park dumpsters, etc.) . Refuse __Removal Memo Page 2 February 2, 1984 One of the considerations in switchin8 from a fee to taxes is whether the service will be expanded to include the rural area and conunercial— industrial facilities. The inclusion of industrial facilities could increase the potential for involvement with hazardous waste disposal . Recommendation The recommendation is to leave they arr:nige.nu,ut as it is. The primary reason is the large negative impact on the levy limit situation if the City changed to financing refuse removal by property taxes. Council members are welcome to stop in and view the complete report by the Minnesota State Planning Agency, if desired. 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O O 00 00 00 p0 00 p0 pp c A k ` • p ON M C'r) 0 ^ ^ t!T P` 'u i U >4 4J A � z w w o J U U � -4 ttf Cd U) ca aG - - - - - w z (a w 4 x -r+ = -,4 U --1 1-1 N H •r1 -r1 M ^ -T ON v1 O '-4 �O 00 'T ir) N SON I� �t �O M -T \0 ` Ln -T N N ul �0 00 ON 00 M %.0 -T ON 0 M M I� M -4 k-+ N N 1.0 N I'0 M %0 -•+ Q -d w b N b � I O � oU0 H 0 0 0 0 0 0 0 0 0 W cd V -4 --4 --1 .-1 .--a .--4 -4 rr PL4 U 0 0 0 0 0 0 ol 0 0 Cd CJ 00 U U O 0 0 0 0 0 0 0 ca 0 -4 t� O 1+ F 0 ; O y-1 .4 Ln N N N N O N .-4 00 '�1 00 O\ -4 I-I N i Ln N N MN 00N 00 Er M � ',0 %�O M -4 T M 4Pl : $4 0 0 0 0 0 0 0 0 0 0 < O Q MM MMM MM MM ` G ("i -T -t -T -t IT -t cd h „fir — --I --1 --4 --1 --4 --i co 0000000 .g , � i cJULIUS A- COLLER, 11 JULIUS A.COLLER ATTORNEY AT LAW 612-445-1244 JUL: 8S9-1940 2 1 1 WEST FIRST AVENUE SHAKOPEE, MINNESOTA 553T9 r...., _. G11TV CC" MEMO TO: John K. Anderson, City Administrator FROM: Julius A. Coller, II, City Attorney IN RE: Claims by the City against licensees and/or premises DATE: January 16, 1984 INTRODUCTION: The Council requested me to check the Shakopee Code provisions to see what can be done to force payment of overdue bills of the City and/or its Commissions. SOLUTION: The Code can be amended by striking portions of Subdivision 8 on page 118 as indicated by the enclosed. This could have repercussions that might be troublesome in the event of a bona fide sale of the premises, but I believe that it would force a solution of the present problem the next time licenses are up for renewal. Other Repercussions as seen by City Clerk: All liquor and beer licensees could lose their license (or be without one for awhile) if they or their landlord is behind in taxes or other financial claims due the city. Renters will also be required to provide proof of payment of taxes by landlords each time they apply for renewal of their license. n in the business of any other licensee has actually resulted in the change of control of the licensed business so as materially to affect the integrity and character of its management and its opera- tion, but no such action shall be taken until after a hearing by the Council on thirty (30) days notice to the licensee. Source: Ordinance No. 64, 4th Series Effective Date: 6-18-81 Subd. 5. Duplicate Licenses. Duplicates of all original licenses may be issued by the City Administrator, without action by the Council, upon licensee's affidavit that the original has been lost, and upon payment of a fee of $2.00 for issuance of the dupli- cate. All duplicate licenses shall be clearly marked DUPLICATE. Subd. 6. Posting. All licensees shall post their licenses in their places of business. Source: City Code Effective Date: 4-1-78 Subd. 7. Unlawful Acts. A. Consumption. It is unlawful for any person to consume, or any licensee to permit consumption of, beer, wine or liquor on licensed premises more than thirty (30) minutes after the hour when a sale thereof can legally be made. B. Removal of Containers. It is unlawful for any on-sale licensee to permit any glass, bottle or other container, containing beer, wine or liquor in any quantity, to remain upon any table, bar, stool or other place where customers are served, more than thirty (30) minutes after the hour when. a sale thereof can legally be made. C. Closing. It is unlawful for any person, other than an on-sale licensee's bona fide employee actually engaged in the performance of his duties, to be on premises licensed under this Chapter more than thirty (30) minutes after the legal time for making licensed sales. Provided, however, that this Subdivision shall not apply to licensees, employees of licensees and patrons on licensed premises for the sole purpose of preparing, serving or consuming food or beverages other than beer, wine or liquor. Subd. B. Delinquent Taxes and Charges. No license under this Chapter shall be granted for operation on any premises upon which taxes, assessments, or installments thereof, or other finan- cial claims of the City are owed and are delin- quent and unpaid. Mew , r�.Empau�e. bl�ad -e3a-t-�vis.-and - d- at -a^t-1mT:s— a__5fl be e a a- the a t•;�., �.,�-�{°�,.•,at,..P3Ee��a��tnrd�v�d`�"�c' `i��'�f:, `J Source: Ordinance No. 124, 4th Series Effective Date: 8-4-83 . -118- (8-15-83) Ifs TO: Mayor and Council FROM: John K. Anderson RE. : Compensation of Volunteer Members of City Boards and Commissions . DATE: January 27 , 1984 INTRODUCTION The Shakopee City Council , at its January 17 , 1984 meeting, requested that Staff investigate the possibility of the City compensating members of Boards and Commissions for the valuable time they spend at meetings during the year. CURRENT PRACTICES The Scott County Board provides a blanket per diem rate of $25 . 00 per meeting for some twenty plus County Boards and Commissions . The rate is set annually and the list of Boards and Commissions is reviewed annually. The $25.00 rate has been in effect for three years and is used to compensate volunteer Board and Commission members for time and transportation expenses . The County Board instituted the per diem to help attract people to their Boards and Commissions and improve attendance at the various meetings . County Board and Commission members frequently have a long distance to travel and Joe Ries has indicated that the $25 . 00 per diem has been successful in attracting and main- taining volunteers for their Boards and Commissions . A brief telephone survey of seven neighboring communities revealed that none of the seven have a mileage or per diem com- pensation program for their volunteer members to Boards and Commissions . None of the seven cities had any annual recognition dinner or comparable event for their members to Boards and Commissions . I do know that there are cities that throw annual recognition banquets for the citizen volunteers who serve on their Boards and Commissions , and that the annual recognition dinners are well accepted. LEGAL CONSTRAINTS I have contacted the League of Cities and our City Attorney for a clarification on what the city can and cannot do in the area of compensating volunteer Board and Commission members . Attached is a letter from the League of Cities Ann Houle dated January 18, 1984. The letter indicates that other than reasonable expenses , Board and Commission members do not receive compensation, but their services can be recognized in other ways . The letter from Ann Houle has an attachment sighting Minnesota Statute8 ' 471 . 665 regarding mileage allowances and an .attachment from a 1971 Planning Commission informational report by the League relating to compen- sation for Planning Commission. members . Please read this material carefully. I � Compenjgation of Volunteer Members of City-- Boards and Commissions . Page 2 January 27 , 1984 The City Attorney has reviewed the law involved in the form determined that the City could finance an annual recognition dinner or summer recognition in the form of a family picnic for volunteer members of Boards and Commissions . ALTERNATIVES 1 . Continue with the status quo. Currently the City pro- vides resolutions and/or framed certificates of appre- ciation to retiring members of Boards and Commissions . 2 . Provide some form of financial compensation to citizen volunteer serving on Boards and Commissions . This compensation would probably work best administratively if it were in the form of a per diem similar to that provided by Scott County but probably at a lesser rate . 3 . Provide citizen volunteers on Boards and Commissions with an annual family picnic or recognition dinner. This alternative should be financed by the City and would provide a "happening" at which the Board and Commission members would be recognized. In addition, family members who have suffered through their absence from the home because of night meetings, will also participate in the recognition of the valuable service these citizens provide the community. 4. Other alternatives such as a combination of alterna- tives 2 and 3 above. RECOMMENDATION Staff recommends alternative #3 because it would also com- pensate family members and provide community-wide recognition to those citizens who regularly spend evenings away from their home on important Advisory Boards and Commissions serving their community. It would also provide an opportunity for Council members to mingle with the various members of Boards and Commissions in an informal atmosphere so that Council Members could personally thank them for the service they provide the community. Finally, Board and Commission could meet one another and compare experiences which might encourage them to continue on and/or seek appointment to other Boards and Commissions with more responsibility than those they currently serve on. A rough calculation of the number of people involved in an annual family picnic might be 9 Boards and Commissions times an average of 7 members times an average of 4 people per family equals 252. people . If Council Members are included along with their families that would be 6 times an average of 4 family members or an additional 36 people for a grand total of 288. people . I X15 Compensation of Volunteer Members of City Boards and Commissions . Page 3 January 27 , 1984 made a phone call to Juba ' s Deli and they provided an estimate of approximately $5.00 per person for a catered picnic with sloppy joes and the other normal picnic fare . ACTION REQUESTED 1 . Direct the appropriate City Staff to plan the first annual City of Shakopee Recognition picnic for citizen members of the following Boards and Commissions : The Planning Commission, ICC, Downtown Committee , Police Civil Service Commission, Community Services Board, Utility Commission, Energy and Transportation Commission, Cable Advisory Committee , and Cable Access Corporation. 2 . Direct the City Attorney to draft the appropriate resolution authorizing the City Council to hold an annual volunteer Board and Commission recognition dinner or picnic . JKA/bn IIII 1111 sill IIII league of minnesota cities January 18, 1984 Mr. John Anderson Administrator Shakopee City Hall 129 East First Avenue Shakopee, MN 55379 Dear Mr. Anderson: In response to your inquiry of January 13 regarding compensation for members of boards and commissions, I am enclosing the League publication, Planning Commissions - Notes and Ordinances. On pages 10 and 11 , compensation of commission members is discussed. The general rule is that compensation cannot be paid unless a statute authorizes it. There is no authorization to pay a per diem to board or commission members in Minnesota. However, members may be reimbursed for reasonable expenses, including mileage. As indicated in Minnesota Statutes 471 .665, a city may either reimburse actual mileage expenses, or pay a periodic allowance in lieu of mileage. Other than the payment of reasonable expenses, board and commisssion members do not receive compensation, but there are other ways to recognize their services. As you suggested, the city might give an annual banquet. You might also consider giving plaques or certificates of appreciation to members after their terms of service are ended; having the mayor send a letter of appreciation to commission members annually; providing refreshemnts at meetings; paying for subscriptions to a publication in the area of the Commission' s work; or sending commission members to a conference related to their duties. I hope this answers your question satisfactorily. Sincerely, RIECF-.. IVFIJ Ann E. Houle Research Assistant J'r�. AEH:sb Enclosure 1 80 university avenue east, st. paul, minnesota 551 01 [01 23 227-5000 7923 RIGIITS; POWERS, DUTIES; sFVF.RAI. POLITICAL SUBDIVISIONS 471.67 471.66 VACATIONS. i Hereafter the governing body of each city and town in the state of Minnesota, however organized, may by resolution or ordinance provide for the granting of + vacations, with or without pay, to all its regularly employed employees or officers, upon such terms and under such conditions as said governing body may deter- mine, and subject to such requirements as to length of service with such municipal- ity as said governing body may require. Nothing in the foregoing provisions shall be construed .as retroactive in its purpose or intent so as to give the governing body of any such city or town the right to grant vacations based on service of its employees or officers rendered prior to the enactment of such ordinance or resolution. History: 1945 c 504 s 1,2. 1973 c 123 art 5 s 7 471.665 MILEAGE ALLOWANCES.? Subdivision .1. The maximum amount which shall be paid by any county. home rule charter or statutory city, town, or school district, to any officer or employee as compensation or reimbursement for the use by the officer or employee of his own automobile in the performance of his duties shall be set by the town board or other governing body of the unit in an amount to be determined by the governing body. Subd. 2. Except as provided in subdivision 3. the governing body' of the city o pay. .and in counties having more than 550.000 of St. Paul IN:n determine t inhabitants, the county board may determine that the county shall pay a base allowance of 51.50 per day for each day the employee or officer's automobile is officially used. This base allowance shall not be paid for more than 20 days in each month. The minimum hale allowance shall be $20 per month for each ired to have his own automobile available for official employee or officer requg that automobile for such business periodically through- public business and using the month. if a hose allowance is paid it shall be in addition to a mileage allowance which shall not exceed seven and one-half cents a mile for the first 500 miles in :Inv one month and five cents a mile thereafter. Subd. 3. In lieu of the mileage allo%wee provided in subdivision ,I, the governing body or town board of an)• city, county, town. or school district mays pay any officer or-employee thereof as-compensation or reimbursement for the use by the officer or employee of his own automobile in the performance of his official duties a month_)' or periodic allowance:°but no allowance in lieu of mileage shall be paid to the,members of the governing body or town board except as otherwise provided by special law or home rule charter. History: 1931 c 331 s 1.2: 1933 c 13 s 1: 193 „S5 c ___ s l: 1949 c 681 s 1: 1951 c 641 s I: 1953 c 159 s 1: 1955 c 796 s 1: 1957 c 904 s l: 1965 c 510 s 1: 1967 c 851 s 1:661 s 1,2E 19751 cL431 s 20: 1978 c 74.3x s 1971 0:c 1979 c 329 9 2.c 197-3 1980 c 607 a.rt 19 s H.12 (254-4 7.254-48) 471.67 AGREEMENT BETWEENCOMMISSIONER OF NATURAL RE- SOURCES AND MUNICIPA Subdivision 1. Terms and conditions. The commissioner of natural re- sources and any city, however organized, by its governing body or duly authorized park board or park commission, may make an agreement under such terms and conditions as they deem advisable for the management, maintenance and improve- ment by such municipality of any lands lying wholly within its boundaries which were acquired hy`1 h state terms ark and nd conditionses s or restrictionsy gift. eor condemnation underr which such not InCOI1ti1ti1enl lands were acquired. COMPEN5ATzp4> ]L,PLAN G'C � its-� E Neither the_municipal nor the county planning law permits payment of compensation to planning commission members. The county law expressly prohibits the payment of compensation to members of an advisory planning commission (M.S.A. 394.31) and the Attorney General has ruled thatt�r11 ' acPgg217 psQs-pndd may* e a unless they are independent planning consultants or specialists within the meaning of M.S.A. 394.29. (See Op. Atty. Gen, , 110, April 12, 1967.) The r:unicipal Planning Act is silent on the authority to compensate members, but this is generally interpreted to mean that no compensation is permitted. Jhe` geueral-# kule''is that compensation cannot be plAid unleaffla- statuteor—charter ` 't. (Jerome v. Burns 202 Minn. 485, 279 N.W. 237.) In interpreting the statute relating to park boards, the Attorney General ruled that in the absence of express authority to pay board members, no compensation could be paid to them, (Op. Atty. Gen. 330-C-3, Sept. 22, 1948..) The reason for not compensating members of such boards and commissions is not entirely clear, but lies likely in tradition or long observed practice that such individuals should serve without pay, the theory being that adequate compensation is difficult to determine so why pay any amount, especially if it attracts unqualified people to the positions. It apparently has been long felt that no compensation attracts a more dedicated individual who has no interest in the position other than genuine public interest. Whether this is a valid concept today is, I suppose, open to question. In spite of the lack of authority to pay a salary, it would seem obvious that voj* Qf sucWbodies--may be- reimbursed-f-o r--reasonable expenses.,T In addition, M.S.A. 15A.20 would appear to ermit paymept.of a periodic or monthly'atmi'tell iietil*bf Fommission memberv, if the council deems-,it upproprik�ce. VI. FEDERAL ASSISTANCE FOR PLANNING All federal*-assistance for planning is administered by the State Office of Local and Urban Affairs. Inquiries concerning available aid should be directed to that office, Capitol Square Building, 550 Cedar Street, St. Paul, Minnesota, 55101. VII SELECTED REFERENCES ON PLANNING The following list of five general references is a guide for persons who would like to investigate planning subjects in more detail, yet still not get immersed in highly technical and complex aspects of the field. 1. Guide to Subdivision Control. Twin Cities Metropolitan Planning Com- mission, Minnesota, April, 1960. 2. Mr. Planning Commissioner, Harold C. Miller. Chicago, Public Adminis- tration Service, 1313 East 60th Street, Chicago, Illinois, 1954. 81 pages, $1.00. 3. Planning Pays. ASPO Planning Advisory Service Information Report No. 123, ASPO, 1313 East 60th Street, Chicago, Illinois, June 1959. 20 pages, $2.50. gS, MEMO TO: Mayor & Council FROM : John K. Anderson Re . Proposed Contract for 1984 with Teamsters Local No . 320- Public Works . Date : January 26, 1984 INTRODUCTION City Council received a Staff memo from me dated October 26, 1983 in which I outlined recommended parameters for labor negotiations for 1984. Joe Honermann, Union Steward for Local 320 Public Works, has informed me that the Local would accept the City ' s wage and benefit package for 1984 . That benefit package is outlined below. PEOPOSED 1984 WAGE AND BENEFIT PACKAGE My last discussion with City Council regarding a Contract Proposal for Local 320 Public Works was as follows : 1 . A 45¢ per hour increase for all five light equipment operators . 2 . A 40¢ per hour increase for all other Public Works Union Employees . 3 • A $45 . 00 increase in the City ' s contribution to the Employees Health, Life and Long Term Disability Benefit Package . 4 . A provision to pay the five light equipment operators/ parkkeepers at the heavy equipment operator rate for the month of December, 1984 . The Union will agree to this package with one small modi- fication and that is an increase of 47¢ per hour for all five light equipment operators rather than 45¢ per hour, and 43¢ per hour for all other Public Works Union Employees rather than 40¢ per hour. Gregg Voxland and I allowed this adjustment to be discussed because when we fine-tuned the estimates for the cost of the total package the original proposal was worth 5 . 8%. The slight adjustment recommended above brings the package to 6 . 0% for 1984 . That 6 . 0% includes the 43¢ per hour rate for heavy equipment operators, 47¢ per hour rate for light equipment operators/parkkeepers and the $45 . 00 increase in the City ' s contribution to the benefit plan . The one-month pay differential for light equipment operators is not included in that 6 . 0% but totals only $373 . 00 which is equiva- lent to . 16 %. Mayor & Council John K . Anderson January 26, 1984 RECOMMENDATION The mallor Public Works settlement in the Metropolitan area, the 49 ' ers group which negotiates with large number of Metropolitan Municipalities , has not settled. That settlement is expected shortly and should be worth approximately 6% in the form of a 50¢ per hour increase for both heavy and light equipment operators and a $20 . 00 increase in the City ' s contributions to health, life and long-term disability. In addition, a small number of independent cities have settled with their Public Works Departments or are about to settle and it is clear that the typical package is 5% with an a.dditibnal $20 . 00 contribution by the City to the employees health, life and long-term disability package equaling a total 1984 settlement of approximately 6% per City. I recommend that Council approve the attached Contract for 1984 with the wage and benefit changes outlined in this memo. Except for the changes discussed above, this Contract is the same as the Contracts approved the last several years . ACTION REQUESTED ---------------- Authorize the appropriate City Officials to execute the City ' s labor Contract with Teamsters Local 320 - Public Works for 1984 . Said Contract provision to be affective as of January 1, 1984 . LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION LOCAL NO. 320 Public Works Effective January 1 , 1984 through December 31, 1984 � I I N D E X ARTICLE I. PURPOSE OF AGREEMENT 1 ARTICLE II. RECOGNITION 1 ARTICLE III. DEFINITIONS 1 ARTICLE VI. EMPLOYER SECURITY 2 ARTICLE V. EMPLOYER AUTHORITY 3 ARTICLE VI. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 3 ARTICLE VII. UNION SECURITY 5 ARTICLE VIII. SAVINGS CLAUSE 5 ARTICLE IX. WORK SCHEDULE 5 ARTICLE X. OVERTIME 6 ARTICLE XI. CALL BACK 6 ARTICLE XII. LEGAL DEFENSE 6 ARTICLE XIII. SUBCONTRACTING WORK 7 ARTICLE XIV. DISCIPLINE 7 ARTICLE XV. SENIORITY 7 ARTICLE XVI. PROBATIONARY PERIODS 7 ARTICLE XVII. SAFETY 7 ARTICLE XVIII. JOB POSTING 7 ARTICLE XIX. INSURANCE 8 ARTICLE XX. HOLIDAYS 8 ARTICLE XXI. VACATIONS 8 ARTICLE XXII. SICK LEAVE 8 ARTICLE XXIII. SEVERANCE PAY 8 ARTICLE XXIV. INJURY ON DUTY 9 ARTICLE XXV. COVERALLS 9 ARTICLE XXVI. WAGES 9 ARTICLE XXVII. WAIVER 9 ARTICLE XXVIII. DURATION 9 APPENDIX A. 10 LABOR AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION, LOCAL 110. 320 ARTICLE I. PURPOSE OF AGREEMENT This agreement is entered into between the City of Shakopee, hereinafter called the Employer, and the Minnesota Teamster Public and Law Enforcement Employees Union, Local No. 320, hereinafter called the Union. the intent and purpose of this Agreement to: 1 .1 Establish certain hours, wages and other conditions of employment; 1 .2 Establish procedures for the resolution of disputes concerning this Agreement 's interpretation and/or application; 1 .3 Specify the full and complete understanding of the parties, and; 1.4 Place in written form the parties ' agreement upon terms and conditions of employment for the duration of this Agreement. The Employer and the Union, through this Agreement, continue their dedication to the highest quality of public service. Both parties recognize this Agreement as a pledge of this dedication. ARTICLE II. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statutes, Section 179.71, Subdivision 3, in an appropriate bargaining unit consisting of the following job classifications: Street Department Foreman Mechanic Equipment Operator I Equipment Operator Leadman-Park Parkkeeper Maintenance Ilan (Streets and Parks) ARTICLE III. DEFINITIONS 3.1 UNION: The Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320. 1 3.2 : EMPLOYER: The City of Shakopee 3.3 ~ -UNION MEMBER: A member of the Minnesota Teamsters Public Public and Law Enforcement Employees Union, Local No. 320. 3.4 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.5 BASE PAY RATE: The employee's hourly pay rate exclusively of longevity or any other special allowances. 3.6 SENIORITY: Length of continuous service with the Employer. 3.7 COMPENSATORY TIME: Time off the employee's regularly scheduled work schedule equal in time to overtime worked. 3.8 SEVERANCE PAY: Payment made to an employee upon honorable termination of employment. 3.9 OVERTIME: Work perfomed at the express authorization of the Employer in excess of either eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period. 3.10 CALL BACK: Return of an employee to a specified work site to perform assigned duties at the express authorization of the Employer at a time other than an assigned shift. An extension of or early report to an assigned shift is not a call back. 3.11 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slowdown, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the pruposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. ARTICLE IV. EMPLOYER SECURITY 4.1 The union agrees that during the life of this Agreement, it will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interference with, the normal functions of the Employer. 4.2 Any employee who engages in a strike may have have his/her appointment terminated by the Employer effective the date the violation first occurs. Such termination shall be effective upon written notice served upon the employee. 4.3 An employee who is absent from any portion of his work assignment without permission, or who abstain wholly or in part from the full performance of his duties without permission from his Employer on the date or dates when a strike occurs is prima facie presumed to have engaged in a strike on such date or dates. 4.4 An employee who knowingly strikes and whose employment has been terminated for such action may, subsequent to such violation, be appointed or reappointed or employed, or re-employed, but the employee shall be on probation for two years with respect to such civil service status, tenure of employment, or contract of employment, as he/she may have theretofore been entitled. 2 4.5 ' No employee shall be entitled to any daily pay, wages or per diem for the days on which he/she engaged in a strike. ARTICLE IV. EMPLOYER AUTHORITY 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structive; to select, direct and determine the number of personnel; to establish work schedules and to preform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically estabished or modified by this Agreement shall remain solely withih the discretion of the Employer to modify, establish or eliminate. ARTICLE VI. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 6.1 Definition of a Grievance. A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terias and conditions of this agreement. 6.2 Union Representatives. The Employer will recognize Representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer, in writing, of the names of such Union Representatives and of their successors when so designated. 6.3 Processing of a Grievance. It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided, is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when consitent with such employee duties and responsibilities. The aggrieved employee and a Union representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided that the employee and the Union representative have notified and received the apporval of the designated supervisor, who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 6.4 Procedure. Grievances, as defined by Section 7 .1, shall be resolved in conformance with the following procedure: Step 1 . An employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the Employer. The Employer- designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed by Step 2 shall be placed in writing, setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested and shall be appealed to Step 2within ten (10) calendar days after the Employer-designated representative's final answer in Step 1 . Any grievance not appealed in writing to Step 2 by the Union, within ten (10) calendar days shall be considered waived. 3 Step 2. If appealed, the written grievance shall be presented by the Union -and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the Union the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer-designated representative 's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 3 representative. The Employer-designated representative shall give the Union the Employer 's answer in writing within ten (10) calendar after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer-designated representative 's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the Union shall be submitted to arbitration, subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the 'Rules Governing the Arbitration of Grievances ' , as established by the Public Employment Relations Board. 6.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from, the terms and conditions of this Agreement . The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The Arbitrator's decision shall be submitted in writing within thrity (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation of application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union, providing that each party shall be responsible for compensating its own representatives and witnesses . If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 4 6.6 Waiver. If a grievance is not presented within the time limits set forth -above, it shall be considered 'waived' . If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof, within the specified time limits, the Union may elect to treat the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union. 6.7 Choice of Remedy. If, as a result of the written Employer response in Step 3, the grievance remains unresolved and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed to either Step 4 or Article VII or a procedure such as: Civil Service, Veteran's Preference or Fair Employment. If appealed to any procedure other than Step 4 or Article VII, the grievance is not subject to the arbitration procedure as provided in Step 4 of Article VII. The aggrieved employee shall indicate in writing which procedure is to be utililized, Step 4 of Article VII or another appeal procedure, and signs a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article VII . ARTICLE Vll . UNION SECURITY In recognition of the Union as the exclusive representative, the Employer shall: 7.1 Deduct each payroll period an amount sufficient to provide the payment of dues established by the Union from the wages of all employee authorizing in writing such deduction, or a "fair share" deduction, as provided in Minnesota State Statute 179.65, Subd. 2, if the employee elects not to become a member of the Union. 7.2 Remit such deduction to the appropriate designated officer of the Union. 7 .3 •. The Union may designate certain employees from the bargaining unit to act as stewards and shall inform the Employer in writing of such choice. 7 .4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. ARTICLE VIII. SAVINGS CLAUSE This Agreement is subject to the laws of the United States, the State of Minnesota and the City of Shakopee. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be void?.:. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be re-negotiated at the written request of either party. ARTICLE IX. WORK SCHEDULES 9.1 The sole authority in work schedules is the Employer. The normal work day for an employee shall be eight (8) hours. The normal work week shall be forty (40) hours, Monday through Friday. 5 9.2 ` Service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal, or annual basis other than the normal 7:30 - 4:00 day. The Employer will give advance notice to the employees affected by the establishment of work days different from the employee's normal eight (8) hour work day. 9.3 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an employee working other than the normal work day be scheduled to work more than eight (8) hours; however, each employee has an obligation to work overtime or callbacks if requested unless circumstances prevent him from so working. 9.4 Service to the public may require the establishment or regular work weeks that schedule work on Saturdays and/or Sundays . ARTICLE X. OVERTIME PAY 10.1 Overtime, as defined in 3.9 will be compensated at the rate of time and one- half (1-1/2) and will be paid in cash or in compensatory time off, as determined by the City Administrator. 10.2 Overtime will be distributed in accordance with the Shakopee Public Works Department Policy as approved by the City Administrator. Such policy will not be changed without prior notification of the Union steward. 10.3 Overtime refused by employees will for record purposes under Article 10.2 be considered as unpaid overtime worked. 10.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 10.5 The employee will be compensated at the rate of time and one-half (1-1/2) . ARTICLE XI. CALL BACK An employee called in for work at a time other than his normal scheduled shift will be compensated for a minimum of two (2) hours at the rate of time and one-half and will be paid in cash or in compensatory time-off, as determined by the City Administrator. ARTICLE XII. LEGAL DEFENSE 12.1 Employees involved in litigation because of negligence, ignorance of laws, non-observance of laws, or as a result of employee judgmental decision may not receive legal defense by the municipality. 12.2 Any employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of his employment, when such act is performed in good faith and under direct order of his supervisor, shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such employee in defending against such charge. 6 ARTICLt XIII. SUBCONTRACTING WORK Nothing is this Agreement shall prohibit or restrict the right of the Employer from subcontracting work performed by employees covered by this Agreement . ARTICLE XIV. DISCIPLINE The Employer will discipline employees only for just cause. ARTICLE XV. SENIORITY Seniority will be the determining criterion for transfers, promotions and lay-offs only when all other qualification factors are equal. ARTICLE XVI. PROBATIONARY PERIODS 16.1 All newly hired or rehired employees will serve a six (6) months ' probationary period. 16.2 Laborers (street and parks) will serve a one (1) year probationary period from date of hire. After one (1) year, they will move into the job classification of Maintenance Man (street and parks) and serve a probationary period as per Section 16.3. 16.3 All employees will serve a six (6) months ' probationary period in any classification in which the employee has not served a probationary period. 16.4 At any time during the probationary a newly hired or rehired employee may be terminated at the sole discretion of the Employer. 16.5 At any time during the probationary period a promoted or reassigned employee may be demoted or reassigned to the employee 's previous position at the sole discretion of the Employer. ARTICLE XVII. SAFETY The Employer and the Union agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage employees to work in a safe manner. ARTICLE XVIII. JOB POSTING 18.1 The Employer and the Union agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion from within provided the applicants: a. Have the necessary qualifications to meet the standards of the job vacancy; and b. Have the ability to perform the duties and responsibilities of the job vacancy. 18.2 Employees filling a higher job class based on the provisions of this Article shall be subject to the conditions of Article XVI. Probationary Periods. 18.3 The Employer has the right to final decision in the selection of employees to fill posted jobs based on qualifications, abilities, and experience. 7 18.4 ' Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. ARTICLE XIX. INSURANCE The employer shall pay a maximum of one hundred ninety-five dollars ($195.00) per month toward the cost of medical, life and long-term disability insurance for the employee and his dependents for 1984. Beginning April 1, 1984, $45.00 of the $195.00 will be placed in an individual health maintenance account for each employee including single employees to meet individual health care needs in accordance with the employer health care plan. ARTICLE XX. HOLIDAYS The Employer will provide the following ten (10) paid holidays: January 1 1st Monday in September 3rd Monday in February 2nd Monday in October Friday before Easter Veteran's Day, Novemeber 11th Last Monday in May 4th Thursday in November July 4th December 25th In addition to the above 10 paid holidays, each employee may take one floating holiday to be taken at the request of the employee and approved by the Employer. Said floating holiday is to be taken as a holiday during the current year and cannot be carried over to the next year. ARTICLE XXI. VACATIONS Vacation leave shall be earned by the employee at the following rate: 0 - 5 years of employment 10 days 6 - 15 years of employment 15 days 16 - 20 years of employment 20 days 21 & over years of employment 1 additional day per year up to 25 days at 25 years No more than ten (10) vacation leave days shall accumulate beyond December 31st, except in emergencies and exceptional cases to be determined by the City Administrator. An employee who is separated for any reason shall be paid for any accumulated vacation leave, provided however, that should an employee resign without giving two (2) weeks written notice, and except for reasons of ill health, he shall forfeit his right to all accumulated vacation leave. ARTICLE XXIII. SICK LEAVE The employee shall accumulate sick leave at the rate of one (1) day per month. Sick leave may accrue at the rate of twelve (12) days per year to a maximum of 100 days. ARTICLE XXIII. SEVERANCE PAY An employee who was a full time employee of the City before January 1, 1980 or who has completed five (5) full years of full time employment with the City of Shakopee and who is separated from his position be retirement, discharge, or resignation shall receive a lump sum payment, an amount to equal one-third the value of all accumulated sick leave calculated on the basis of his current salary or wage scale, provided that should any employee resign without giving two weeks written notice, except for reasons of ill health, he shall forfeit this right to all accumulated sick leave. 8 ARTICLE- XXIV. INJURY ON DUTY Employees injured on duty, through no fault of the employee, shall be paid the difference between the employee's regular rate of pay and any worker's compensation benefits for a period not to exceed twenty-five (25) working days, in accordance with guidelines set forth in M.S. 176.021 Subd. 5. ARTICLE XXV. COVERALLS The City of Shakopee shall provide one (1) set of coveralls as needed for each Street and Park employee as determined by the City Administrator. ARTICLE XXVI. WAGES See Appendix A. ARTICLE XXVI. WAIVER 27.1 Any and all prior agreements, resolution, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superveded. 27.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and purposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any terms or conditions of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplations of either both parties at the time this contract was negotiated or executed. ARTICLE XXVIII. DURATION This Agreement shall be effective as January 1, 1984 and shall remain in full force and effect until December 31, 1984. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of , 1984. FOR CITY OF SHAKOPEE, MINNESOTA FOR MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION, LOCAL NO. 320 9 - APPENDIX A Salary and Benefit Schedule for Local No. 320 for 1984 1984 PAY SCHEDULE Street Foreman $11 .81 per hour Mechanic 11.46 per hour Park Leadman 11 .13 per hour Heavy Equipment Operator* 11 .11 per hour after 12 months 10.83 per hour to start Light Equipment Operator/Parkkeeper 10.68 per hour after 36 months 9.66 per hour after 24 months 8.64 per hour after 12 months 8.12 per hour to start In addition, all five (5) personnel with Light Equipment Operator/Parkkeeper classifications will be paid at the Heavy Equipment Operator rate of $11 .11/hr. for two pay checks in December 1984 in recognition of their periodic assignment to operate such equipment during the year. *Two positions are authorized and are filled by a "senior qualified" Light Equipment Operator or Parkkeeper after that person has successfully completed skills testing administered by operators from adjoining cities. OVERTIME POLICY ARTICLE 10.2 Shakopee Public Works Department Policy — approved December 15, 1981 by the City Administrator and effective for contract period. Overtime shall be distributed as equally as practical by an established seniority list for the department used as a rotating ovetime call list. Overtime refused by an employer will, for record purposes, be considered as unpaid overtime work. No prior notice is required for overtime because much of it is of a "call out" nature requiring immediate response. Employees contacted under the above policy to work overtime, but refusing it because of illness, will not be recorded as having worked. Also, employees who would be contacted but are on vacation will not be recorded as having worked when called for overtime work. 10 TO: John K. Anderson , City Administrator FROM: Jeanne Andre , Community Development Director RE: Downtown Concept Plan DATE: January 31 , 1984 Introduction• At its January 16 , 1984 meeting, the City Council requested that recommended actions related to adoption of the downtown concept plan and commendation of the Downtown Committee be brought back to them in resolution form. In addition a Resolution has been prepared requesting the Minnesota Department of Transportation (MnDot) to initiate roadway improvements as presented in the downtown concept plan. Background : Resolutions numbered 2217 and 2218 bring before the City Council formally actions which have already been approved in concept . Bill Crawford , MnDot Engineer for District 5 , suggested that a resolution stating the City ' s desire to initiate action on bridge and road improvements on state and federal. highways in the Shakopee area would be helpful to him. Resolution No. 2219 was drafted for this purpose . Requested Action: 1 . Adopt Resolution No. 2217 , a Resolution adopting a Downtown Concept Plan (Alternate B-1 , Revised) and Directing its Implementation 2 . Adopt Resolution No. 2218 , a Resolution Commending the Ad Hoc Downtown Committee . 3 . Adopt Resolution No. 2219 , A Resolution Requesting the Minnesota Department of Transportation to Initiate the Widening of Trunk 169 Bridge Crossing and Proposed Alter- ations to Trunk Highway 101 and Trunk Highway 169 in Downtown Shakopee . RESOLUTION NO. 2217 A Resolution Adopting a Downtown Concept Plan (Alternate B-1, Revised) and Directing Its Implementation WHEREAS , the Shakopee Area Chamber of Commerce on May b , 1980 , completed its "1980 Central Business Study" in which it urged the City Council to set goals and establish responsibility for downtown revitalization efforts ; and WHEREAS , the City Council created the Ad Hoc Downtown Committee as a sub-committee of the Industrial Commercial Commission by Resolution No. 1822 , on April 21 , 1981 ; and WHEREAS , the City Council requested the Ad Hoc Downtown Committee to spearhead the City' s efforts to develop a comprehensive plan for economic revitalization of the Shakopee Downtown ; and WHEREAS , on May 3 , 1983 , the City Council Authorized the hiring of Westwood Planning and Engineering to assist the Downtown Committee in developing its comprehensive plan ; and WHEREAS , the Downtown Committee has worked with Westwood Planning and Engineering to develop a comprehensive plan for downtown revital- ization which identifies a retail core and districts suitable for multi-family housing, public and institutional uses and identifies major parking and roadway alterations ; and WHEREAS , said plan has been presented as "Alternative B-1 , Revised" to the Industrial Commercial Commission and the Planning Commission and both Commissions have recommended the adoption of said plan ; and WHEREAS , the City Council held a joint meeting with the Down- town Committee on December 27 , 1983 , for the presentation of the plan and consideration of alternative components ; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: that the Downtown Concept Plan, Alternative B-1 , Revised , as presented in the map attached hereto and made a part hereof , is hereby adopted ; and BE IT FURTHER RESOLVED: that the Ad Hoc Downtown Committee is hereby directed to continue its efforts towards the revitalization of the downtown by seeking means to implement said concept plan. Adopted in session of the City Council of the City of Shakopee , Minnesota , held this day of ,,,, , RESOLUTION NO. 2218 A Resolution Commending the Ad Hoc Downtown Committee WHEREAS , the Shakopee City Council did establish on April 21 , 1981 and Ad Hoc Downtown Committee as a subcommittee of the Industrial Commercial Commission and requested the Committee to develop a comprehensive plan for the economic revitalization of the Shakopee downtown ; and WHEREAS , the following persons are now serving or have pre- viously served willingly on the Ad Hoc Downtown Committee and assisted in the development of a comprehensive downtown plan : Kay Benson , Bill Berens , Gary Laurent , Terry Link , Don Martin , Eugene Pearson , Mike Sortem, Dan Steil , Jim Stillman , Joe Topic , Jerry Wampach and Bill Wermerskirchen , Jr . ; and WHEREAS , the following persons have at some time since the establishment of the Committee served in an ex-officio capacity on that committee ; Fred Corrigan, Gary Eastlund , Marge Henderson , Virgil Mears , Joe Perusich , Frank Reid , Don Steger , Lee Stolzman , Trevor Walsten , and Paul Wermerskirchen ; and WHEREAS , the Ad Hoc downtown Committee did meet on numerous occasions to study and consider the best comprehensive plan for downtown revitalization and voted to recommend a plan to the City Council on December 20, 1983 ; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Shakopee, Minnesota does hereby thank and commend the current and previous members of the Ad Hoc Downtown Committee for their time and efforts in developing a comprehensive concept plan for downtown revitalization. Adopted in Regular Session of the City Council of the City of Shakopee , Minnesota held this 7th day of February, 1984 . Mayor of the City of Shakopee ATTEST: 3 12- RESOLUTION RESOLUTION NO. -219 A Resolution Requesting the Minnesota Department of Transportation to Initiate the Widening of Trunk Highway 169 Bridge Crossing and Proposed Alterations to Trunk Highway 101 and Trunk highway 169 in Downtown Shakopee WHEREAS , the City of Shakopee has adopted Resolution No. 2217 , a Resolution Adopting a Downtown Concept Plan (Alternate B-1 , Revised) and Directing Its Implementation ; and WHEREAS , this plan provides for highway improvements in the vicinity of the intersection of Trunk Highway 169 (U. S . ) and Trunk Highway 101 (Minnesota) in downtown Shakopee ; and WHEREAS , said plan requires the construction of an additional southbound lane on Trunk Highway 169 bridge over the Minnesota River in downtown Shakopee ; and WHEREAS , said bridge construction requires approval by many state and federal highway and maritime agencies ; and WHEREAS , the City of Shakopee desires that the process of obtaining said approval be initiated immediately. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE THAT Minnesota Department of Transportation is hereby requested to initiate the widening of the Trunk Highway 169 Bridge over the Minnesota River and proposed alterations to Trunk Highway 101 and Trunk Highway 169 in downtown Shakopee ; and BE IT FURTHER RESOLVED, that appropriate City officials should work with officials of the Minnesota Department of Transportation , (MnDot) providing information and documentation regarding the down- town concept plan and related City plans and proposals that will support MnDot in its efforts to undertake the proposed improvements . Adopted in session of the City Council of the City of Shakopee , held this day of 1984 . Mayor of the City of Shakopee ATTEST: - v MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Resolutions of Appreciation to William Anderson and Lauren Sorenson DATE: January 24, 1984 INTRODUCTION: The attached resolutions express Council ' s appreciation to Bill Anderson and Lauren Sorenson respectively , for their efforts while serving on the Energy and Transportation Committee. ACTION RECOMMENDED: Offer resolution number 2213 , a resolution of appreciation to Bill Anderson, and resolution number 2214, a resolution of appreciation to Lauren Sorenson. City Clerk JSC/bn RESOLUTION NO. 2213 ------------------- A RESOLUTION OF APPRECIATION TO WILLIAM ANDERSON ------------------------------------------------------------------------------------- WHEREAS, the Shakopee City Council did create an Energy and Transportation Committee in March, 1982 , and WHEREAS, William Anderson was appointed to said Committee as one of its original members ; and WHEREAS, William Anderson has served unselfishly and has dedicated many hours to the efforts of the Energy and Trans- portation Committee . NOW, THEREFORE, BE IT RESOLVED THAT THE SHAKOPEE CITY COUNCIL, does hereby extend to William Anderson the deep appreciation of the City for his years of civic interest and dedicated service to the community. Adopted in regular session of the City of Shakopee, Minnesota, held this 7th day of February, 1984 . ----------------------------- Mayor of the City of Shakopee ATTEST: ------------------------ City Clerk Approved as to form this _7th_ day of ---February------, 1984 • ------- ---------------------- City Attorney RESOLUTION NO. 221 + A RESOLUTION OF APPRECIATION TO LAUREN SORENSON ----------------------------------- WHEREAS, the Shakopee City Council did create an--Energy and Transportation Committee in March, 1982, and WHEREAS, Lauren Sorenson was appointed to said Committee as one of its original members ; and WHEREAS, Lauren Sorenson has served unselfishly and has dedicated many hours to the efforts of the Energy and Trans- portation Committee . NOW, THEREFORE, BE IT RESOLVED THAT THE SHAKOPEE CITY COUNCIL, does hereby extend to Lauren Sorenson the deep appreciation of the City for his years of civic interest and dedicated service to the community. Adopted in regular session of the City of Shakopee, Minnesota, held this 7th day of February, 1984 . --------------------- Mayor of the City of Shakopee ATTEST: --------------------------- City Clerk Approved as to form this 7th day of February, 1984 . -------------------------- City Attorney MEMORANDUM TO: John K. Anderson/City Administr t, r -, FROM: H.R. Spurrier/City Engineer RE: Curb & Gutter, Sidewalk & Driv Approach Replacement Program DATE: January 25 , 1984 Introduction: Attached is the Certificate of Completion for the above Project 1983-1 . Background: All of the work for this project has been completed in accor- dance with the contract and final payment should be made to Siehndel Construction, 210 Elmwood, LeSueur, MN, 56058. Action Requested: Adopt Resolution No. 2215, a Resolution Accepting Work On The No. 1983-1 Curb & Gutter, Sidewalk & Driveway Approach Replace- ment Program. The Resolution directs the appropriate City Officials to make final payment in the amount of $550.54. HRS :cau Attahcraents CERTIFICATE OF COMPLETION CONTRACT NO. : 1983-1 DATE : January 11 , 1984 PROJECT DESCRIPTION : Curb & Gutter, Sidewalk & Driveway Approach Replacement Program CONTRACTOR: Siehndel Construction 210 Elmwood LeSueur , MN 56058 ORIGINAL CONTRACT AMOUNT . . . . . . . . . . , . $ 45250 . 33 QUANTITY CHANGE AMOUNT . . . . . . . . . . . . . $ 17 , 771 .42 CHANGE ORDER NO. - THRU NO. - AMOUNT . . . $ - FINAL CONTRACT AMOUNT . . . . . . . . . . . . . . $ 22 ,021 . 75 LESS PREVIOUS PAYMENTS . . . . . . . . . . . . . $ 21 ,471 . 21 FINAL PAYMENT . . . . . . . . . . . . . . . . . . $ 550. 54 I , hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the same has been fully completed in all respects according to the contract, together with any modifications approved by City Council . I , therefore, recommend above specified final payment be made to the above named Contractor. Profess ' nal En ineer 1 L�. RESOLUTION NO. 2215 A RESOLUTION ACCEPTING WORK ON THE NO. 1983-1 CURB & GUTTER, SIDEWALK & DRIVEWAY APPROACH REPLACEMENT PROGRAM WHEREAS, pursuant to a written contract signed with the City of Shakopee on May 6 , 1983 , Siehndel Construction, 210 Elmwood, LeSueur, Minnesota, 56058 , has satisfactorily completed the Curb & Gutter, Sidewalk & Driveway Approach Replacement Program, in accordance with such contract . NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SHAKOPEE, MINNESOTA, that the work completed under said contract is here- by accepted and approved; and BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract in the amount of $550. 54, taking the contractor' s receipt in full . 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 City Attorney MEMO TO: Mayor and Council FROM: John K. Anderson, City Adm. RE: Removing of Excess Snow From Fire Hydrants . DATE: January 31 , 1984 INTRODUCTION The City Council and the Shakopee Public Utilities Commission ( SPUC) , at their joint January 10, 1984 meeting, directed City and SPUC Staff to draft a joint resolution establishing a policy for removing excess snow from fire hydrants . DRAFT RESOLUTION Resolution No. 2216 has been reviewed by the Utility Manager and our Public Works Superintendent . The Resolution incorporates the alternative selected by SPUC and the City Council at their joint January 10th meeting. ALTERNATIVES 1 . Approve Resolution No. 2216 . 2 . Modify Resolution No. 2216 . 3 . Do not approve Resolution No. 2216 . RECOMMENDATION City Staff recommends approval of Alternative #1 for the reasons outlined in Staff ' s memo to SPUC and the City Council for the joint meeting on January 10th. ACTION REQUESTED Approve Resolution No. 2216 , a joint City of Shakopee and Shakopee Public Utility Resolution establishing a policy for removing excess snow from fire hydrants . JKA/bn RESOLUTION NO. 2216 A JOINT CITY OF SHAKOPEE AND SHAKOPEE PUBLIC UTILITY COMMISSION RESOLUTION ESTABLISHING A POLICY FOR REMOVING EXCESS SNOW FROM FIRE HYDRANTS WHEREAS , the City and the Shakopee Public Utility Commission (SPDC) have a joint interest in keeping fire hydrants clear of excessive snow; and WHEREAS , the City and SPUC desire to clearly establish which jurisdiction is responsible for removal of excessive snow from fire hydrants ; and WHEREAS, periodic appeals to residents to clear snow from fire hydrants is deemed by both bodies as insufficient to insure all hydrants will be clear of snow. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the following policy for joint City and Shakopee Public Utility Commission (SPUC) removal of excess snow from fire hydrants be : 1 . That both bodies will provide one employee for the removal of excess snow from fire hydrants . 2 . The City Street Superintendent will contact the Superintendent of SPUC and the two shall coordinate crew and equipment for the removal of snow from fire hydrants in a timely manner as the need arises. Adopted in session of the City Council of the City ot Shakopee, innesota, held this day of 1984. Mayor ot the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1984. City Attorney TO: John K . Anderson , City Administrator FROM: Jeanne Andre , Director of Community Development RE: Resolution No. 2220 in Support of Excise Tax Transfer DATE: February 6 , 1984 Introduction: The Mayor of Chaska , Tracy Swanson , requested that the Shakopee City Council adopt a resolution in favor of the Vehicle Excise Tax Transfer similar to a resolution adopted by Chaska in January. Background : The transfer of vehicle excise taxes to a fund dedicated to transportation has been approved by the legislature effective in 1985 . Governor Perpich would like to accelerate this process and start the transfer in 1984 (to the extent possible) . The City Engineer recommends the governor ' s proposal because it is the mechanism which provides funding for the construction of the Trunk Highway 101 bypass . Adoption of Resolution No. 2220 would be supportive of this position . Recommended Action: 1 . Adopt Resolution No. 2220 , A Resolution in Support of Excise Tax Transfer 2 . Direct appropriate City officials to send a copy of Reso- lution No. 2220 to Governor Perpich Representative Dimler , Senator Schmitz , the Legislative Task Force on Transit and any other interested persons or agencies who would benefit from learning the City ' s perspective on this issue . ra ti RESOLUTION NO. 2220 A Resolution in Support of Excise Tax Transfer WHEREAS , starting in 1985 , the Minnesota State Legislature has dedicated the revenues from the Transfer Excise Tax on Vehicles for transportation funding; and WHEREAS , Governor Perpich has recommended the acceleration of the Transfer of Excise Tax on Vehicles for transportation fund- ing to occur in 1984 rather than 1985 ; and WHEREAS , the proposal is that seventy-five percent (75%) will be used for roads and highways and twenty-five (25%) for transit . NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Shakopee , Minnesota supports and encourages the use of the Vehicle Transfer Excise Tax for roads/highways and transit purposes , and supports the implementation of apportioning the revenue from the Vehicle Excise Tax starting in 1984 . 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 MEMO TO: John K. Anderson, City Adm. FROM: Judith S . Cox, City Clerk RE: Compensation to S.P.U.C. DATE: January 31 , 1984 INTRODUCTION: Pursuant to your direction, I have researched the compensation to Shakopee Public Utility Commissioners , with help from the City Attorney. BACKGROUND: According to MSA 412. 341 , "no member of the commission shall receive a salary except as fixed by the Council ." On March 23 , 1976 , the Shakopee City Council by motion, authorized the compensation of $100.00 per month for commissioners . RECOMMENDATION: If Council desires to increase the compensation to the S .P.U.C. , I would recmmend that it be done by resolution, not motion. JSC/bn �3 § 412.331 STATUTORY CITIES STATMM1 Notes of Dedsdons The enactment of the village code did not by An appoint 1. Construction and application implication repeal Laws 1947, c. 402. relating to b° utilities comer Gas utilities may not operate in cities and vil- the utility commission of the Village of Keewatin, for the balant: [ages without franchises from such cities and vin- but the provisions of the two laws are in pari leges. Village.of Blaine v. independent School material and must be construed together. Op. Dist.No. 12,Anoka County, 1965,272 Minn.343, Atty.Gen., 120. March 18, 1959. ° ow" 138 N.W.2d 32. In view of the fact that § 412.341 does rat cine its author Statutory provisions relating to control by mu specify when the terms of members 6 the public bas n the V nicipalities of public utilities apply both to cities utilities commission shall commence,it would rat Op-�►ttY•G�� and villages and cannot be evaded by methods be necessary that the terms of the members of the 3. Incompad contrived to accomplish what municipality has commission commence at the beginning of the The oto i refused to permit. id. official village year,or with reference to the date which was tt Each municipality may eimt whether it will (if the original utility commission. Op.Atty.Gen., could be app {' provide its own utility system or grant franchises 624o-2, Jan. 23, 1959. village utility to private utilities to provide needed service aril 3. Powers and duties in general time that he v p should a municipality elect to maintain its own utilities it may vest control of their functions and Village public utility commission does not have contract with services in a public utilities commission or allow the authority to employ legal counsel. Op.Atty. by applying t1 ' the city council to retain such control, and if a Gen., 779a-5, Mar. 20, 1967. and 471.88. private utility is accorded a franchise to provide A village woul l be authorized to.levy taxes for the service it is subject to control provided by use of water facilities and to impose a minimum 412.351. Ca statute. Village of Blaine v. Independent School charge for the availability of water service to Dist. No. 12, Anoka County, 1963, 265 Minn. 9, abutting premises, whether Ihcy he connected to The count 121 N.W.2d 183. the municipal water main or not. Op.Atty.Gen., following pt in view of the provision of subd.4 of§ 412.391• 624d, April 19, 1966. system; (2) relating to the abolition of a public utilities Com- Where water and light commission established the produeti a mission, once a majority of the voters at an elec by village council desired to obtain an easement system or b tion vote to abolish the commission the village from se•h(x)l board in order to gain access to well, leased by th k council would lack the authority to again establish easement should run to and operate in favor of the 412.391, the the conunission even though the vote might be village, since there is no statutory authority for close and the village council would onlydesire to the commission itself to possess an right,title,or or public . re-establish the commission in order to conduct a interest in land but the commission would have commission. second election to check the results of the first. the power to execute all contracts relating to the commission. Op.Atty.Gen., 62Ae-11. Jan. 5, 1960. eawment. .Op.Atty.Gen., 469". Sept. 22, 1958. jurisdiction 412.341. Commission; membership, organization Amended e i Subdivision 1. Membership. The commission shall consist of three members appointed 1. s M"�" by the council. No more than one member may be chosen from the council membership. § 1,ion od. d ' Each member shall serve for a term of three years and until his successor is appointed and deletion of the qualified except that of the members initially appointed in any city, one shall serve for a where a�°t) "statutory term of one }'ear, one for a term of two years, and one for a term of three years. w Residence shall not be a qualification for memlwrship on the commission unless the council 1981 Aman so provides. A vacancy shall be filled by the council for the unexpired term. system". Subd. 2. Rules; officers, salary. The commission shall adopt rules for its own Cron Reface proceedings which shall provide among other things for at least one regular meeting by the Disuict hea commission each month. It shall annually choose a president from among its own members. It shall also appoint a secretary for an indefinite term. The secretary need not be a member of the commission and may be the city clerk.. No memberthe ootrtmiawQq. a aj tr re iwsarsalary�utcept as fixed by rthe counttyi. The wrett"shall receivws saiary 412.361. Sp fixed by the tissi0ft Amended by laws 1973, e. 123, ant. 2, § 1. Subd. S. 1973 Amendment. laws 1973, c. 123, art. 2, when his current term expires. Op.Atty.Gen., purchase whi § 1, Subd. 2, was a general authorization for the 624a-3, Feb. 16, 1973. may be, for deletion of the term"village"and the substitution in view of the fact that this section does not - where appropriate,of the term"city"or the term specify when the terms of members of the public Subd. b. "statutory city." utilities commission shall commence,it would not for payment be necessary that the terms of the members of the commission Notes of Decisions commission commence at the beginning of the other,papmE }�� # official village year,or with reference to the date 1. Construction and application g Y fund, and ai An acting member of the public utilities com- of the original utility commission. Op.Atty.Gen., the council. 4 ' mission may be reappointed by the village council 624e-2, Jan. 23, 1959. prnended by 1 6 y r cJULIUS A. COLLER, II JULIUS A,COLLER ATTORNEY AT LAw 612-445-1244 1959-1940 211 WEST FIRST AVENUE SHAKOPEE, MINNESOTA 55379 MEMO TO: Judy Cox, City Clerk FROM: Julius A. Celler, II, City Attorney IN RE: Gambling Devices and Letters from Leaue of Women Voters dated. December 12, 19W3 DATE : February 2 , 1984 INTRODUCTION AND RECOMMENDATIONS : Previously I have issued two memos on gambling devices and bingo - one was dated December 29, 1983 and the second January 11, 1984 but apparently neither dealt satisfactorily with the location of gambling devices . Minnesota Statutes Annotated 349 . 26 (14) provides in part that "Gambling devices shall be operated and raffles conducted by a licensed organization only on premises which it owns or leases , except that tickets for raffles conducted in accordance with this section may be sold off the premises . . . . . . The local unit of government may authorize raffles to be conducted by a licensed organization on premises not owned or leased by the organization. " The Shakopee City Code Section 6 . 32 , Subdivision 7E provides in part "Gambling devices shall be operated and raffles conducted by a licensed organization only upon premises which it owns or leases , except that tickets for raffles may be sold off the premises . " Thus, the City Code is now more restrictive in this regard than the State Law since it was amended. If the Council desires to liberalize this provision the remedy would be simply to repeal the entire Subdivision 7E and follow the provisions of MSA 349 .26 (14 ) . Until the State Law is clarified either by the Legislature or by the Courts, I do not think the City should take any action that would permit bingo in liquor establishments . See the article by Stanley G. Peskar in the League oP, Minnesota Cities , Volume 68, page 12. IIIJJJ i - 2 As a safeguard, the Council might wish to consider a new Subdivision 7E, an act to provide that no gambling device or bingo is permitted on any premises covered by regular commercial license to sell intoxicating or non-intoxicating beverages on-sale. 9 tip 4 Action Recommended: Direct staff to prepare the appropriate ordinance to amend the 'city lode Sec . 6.32, Subd 7e, to provide that no gambling device or bingo is permitted on any premises covered by regular commercial license to sell intoxicating or non-intoxicating Q beverages on-sale. i 4 _ t ^ X i E MEMO TO: John K. Anderson -% FROM: Bo Spurrier RE: Trunk Highway 10 Frontage Rd. INTRODUCTION Attached is an invoice for the appraisal fee for the above reference project . BACKGROUND This invoice is for appraisal work performed by Frank J. Wicker and Associates . The City is in receipt of the reports . The reports were used in preparation of the Trunk Highway 101 Frontage Road feasibility report . The bill does not exceed the amount which the Appraiser agreed upon, therefore , it is recommended that the bill be approved and paid. ACTION REQUESTED A motion to prove payment of $6 ,000 .00 to Frank J . Wicker for appraisals for Trunk Highway 101 Frontage Rd. Cost to be paid out of the Improvement District Fund for this project . BS/bn i e XRANK J. WICKER, S.R.P.A. 4769 Dakota Stmt Prior Lake, Alinuerota 55372 447-6040 September 9 , 1983 CITY OF SHAkOPEE Mr. John K. Anderson City Administrator City of Shakopee 129 E. First Ave . Shakopee , Minnesota 55379 STATEMENT Professional Services . . . . . . . . . . . . . . . . . $ 6 ,000 RE: First Appraisal Market Value - Service Road Second Appraisal Benefit Analysis Report Thank you, i Frank J. Wicker i jm January 30 , 1984 NOTE: Our records indicate we have not received payment of this invoice . Please advise if there is some problem. 447- 6040 Jane Real Estate Appraiser Cr Inn-jiment Cmzrultant