HomeMy WebLinkAbout02/21/1984 MEMO TO: Mayor and Council
FROM: John K. Anderson, City Admin.
RE: Non-Agenda Informational Items .
DATE: February 16 , 1984
1 ) S .P.U.C . has passed Resolution No . 269 w,lich is identical
to the City ' s Resolution which establishEs procedure for the
joint removal of snow from fire hydrants .
2 ) As I mentioned at the last Council Meetin} our current
rural area tax rate is applied to propert ` n the Assessor ' s
records classified as Agricultural land. nis means that
homes in the rural residential zone received the same
property tax rate as homes in the built-up part of Shakopee .
I am passing this information on so that we don' t mistakenly
give the impression that there is a single line around the
urban area of Shakopee that delineates the urban tax rate
from the rural tax rate .
3 ) Judy Cox has learned that the cost for voting equipment ,
which will expedite counting ballots , has come down in
recent years . Some Cities and Townships in Scott County
would like to look into different kinds of voting equipment
now available . Judy would like to participate in the in-
vestigation which would lead to a group purchasing approach
for Scott County, Scott County Cities and Scott County
Townships . It would also mean that a single kind of voting
equipment would be used throughout the County. Then, when-
ever Shakopee would purchase voting equipment , say in 1984,
1985 or 1990, Shakopee would purchase the same kind of
equipment used County-wide . If Council persons have a
problem with this approach they should contact Judy Cox.
A demonstration will be scheduled in March demonstrating
two types of machines and any Council Member interested
should contact Judy so they can attend the demonstration.
4) Attached is a letter from Senator Dave Durenberger regarding
S .F. 1660 dealing with the Telephone Company. A similar
letter from Representative Bill Frenzel is also attached .
5 ) Attached is a letter from Senator Robert Schmitz regarding
the motor vehicle excise tax transfer.
6 ) Attached is the monthly newsletter from Ehlers and Associates ,
Inc .
7 ) Attached is the revenue and expenditure report for the month
ending January 31 , 1984.
8 ) Attached are the minutes of the February 2 , 1984 Shakopee
Coalition Meeting. I have included these minutes because
they outline the extensive plans for the "Food-Share" drive
in Shakopee for which Council contributed $50 .00 .
Non-Agenda Informational Items
Page 2
February 16 , 1984
9 ) Attached are the minutes of the January 18 , 1984 Down-
town Ad Hoc Committee Meeting.
10) Attached are the minutes of the January 9 , 1984 S . P.U.C .
Meeting.
11 ) Attached are the approved Association of Metropolitan
Municipalities Policies and Legislative Proposals for
1983-84. Please note that the very last section
addresses transit and was approved by the Board and not
the membership as a whole . The last section which is
on transit takes the same stance the City of Shakopee
has recommended regarding the MTC.
12 ) All three candidates selected by Council. for the Prior
Lake Spring Lake Watershed Distrct are unavailable . Two
are deceased and the third works at the school at night
which conflicts with the Board Meeting. I have notified
the County indicating we have no nominees .
13 ) Attached is a new internal quarterly Newsletter . We are
trying it out as a means to keep employees up-to-date
on the comings and goings of fellow employees .
JKA/bn
DAVE DURENBERGER
NINNES07A
'ZIC'ni¢eb Ziafes
WASHINGTON, D.C. 205110
February 9 , 1984
Mr. John K. Anderson
129 East First Avenue
� Y UF be
Shakopee , Minnesota 55379
KOPOE
Dear John ,
I appreciated reading your comments in opposition to
S. 1660 , and found myself in agreement with much of what you
stated.
The United States has a telephone communications network
unequalled in the world, and both the Congress and the Federal
Communications Commission must do everything possible to ensure
that all customers continue to receive auality service at the
lowest possible cost . I was concerned, however , that some of
the Commission ' s actions , specifically the access charge orders ,
resulted in confusion and concern about the future of phone
rates for many residential and business phone users . This
confusion and concern was the impetus for Congressional. action .
Because of the uncertainties about rate increases created
by the AT&T divestiture , I felt the Commission should delay
implementation of the access orders . This would give the
Commission and Congress ample time to determine more precisely
than is possible at present whether access charges endanger
universal service in light of other changes already underway in
the telephone industry. At the very least , it will be months
before the full impact of divestiture on rates and universal
service can be determined. Accordingly, once the FCC delayed
ito June 1985) access charges , I saw no reason for Congress to
ptrstie legislation . Or jantary 214 I j^ ; rigid :,,4+h 3 .CSajcrity of
Senators in voting to postpone action on S. 1660 until a later
time .
Again , it ' s good to have your views .
Sincerely,
Dave Durenberger
United States Senator
DD/d1m
BILL FRENZEL / MINNESOTA OFFICE:
THIRD DISTRICT,MINNESOTA MAYBETH CHRISTENSEN
Room 445
WASHINGTON OFFICE: 8120 PENN AVENUE SOUTH
1026 LONGWORTH BUILDING w Q�Q� /(��p�wt� `n Q� BLOOMINGTON,MINNNESOTA 55431
202-225-2871 Co area of the Maniteb *tateo 612-661-4600
30oua of RtProentatibeg
Magbington, M.C. 20515
February 6, 1984 6f '
FEB
Mr. John K. Anderson
City Administrator
City of Shakopee CITY OF SHAK®PL.
129 East First Avenue
Shakopee, MN 55379
Dear Mr. Anderson:
Because of your past concern regarding legislation on telephone rate structuring,
I thought you would be interested in recent Congressional action on this matter.
Last month, the FCC voted to delay the access charge for residential and single-
lined business customers for 14 months. The ruling means homes and small busi-
ness users won't pay the $2 and $6 per line monthly charges for connections to
local phone companies until June of 1985.
Because of this delay, the Senate voted to drop legislation which would have also
postponed the access charge. Last year, the House of Representatives passed a
bill permanently eliminating the FCC access fee proposal.
It is not likely that the Senate will reconsider this issue, so there will probably
not be any telephone legislation this year. My first choice has been that Con-
gress not interfere in phone rate supervision. In my judgment, this compromise
is as good of a compromise as could have been achieved. I am pleased that
legislation won't be necessary.
Your earlier counsel on this matter was greatly appreciated. If you have any
further comments or questions, please let me know.
Yours very truly,
Bill Frenzel
Member of Congress
BF:pd
THIS STATIONERY PRINTED ON PAPER MADE WITH RECYCLED FIBERS
ROBERT J. SCHMITZ
Senator 36th District
6730 Old Hwy. 169 Blvd.
Jordan,Minnesota 55352
Office: R 7-7)
Senate
235 State Capitol
St.Paul, Minnesota 55155
Phone: 296-7157 ;._ State of Minnesota
CITY OF February 15 , 1984
Mr . John K . Anderson
City Administrator
City of Shakopee
129 East First Avenue
Shakopee, Minnesota 55379
Dear John :
Thank you for sending me a copy of the Shakopee City Council
Resolution No . 2220 . The transfer of the motor vehicle
excise tax from the general fund to the highway users fund
has been a high priority in my legislative program since
1976 . I was the chief author of this bill when it passed
in 1979 .
Now, because of the important significance this transfer will
have on the highway programs in my district it has become
doubly important to me .
I could understand the delay in implementation of the original
date when a graduated transfer was to begin simply because our
general fund was not in any way in condition to give up the
revenue at that time . However, if present projections of
revenue prove correct it will be easier to pass legislation
to begin that transfer .
The problem for success will depend on the competition for
money from the general fund . As you know there will be heavy
pressure to eliminate the 10% surtax on taxable income .
Increased local government aids , as well as school aids , are
being seriously discussed because there is strong support to
reduce property taxes . Two bills will be introduced to
accelerate this motor vehicle excise tax transfer . I will
possibly be a chief author or more likely serve as a co-
author of one of these bills .
Thank you for your support on this legislation .
Sincerely,
V
ROBERT J . SCHMITZ
State Senator
COMMITTEES • Chairman, Local and Urban Government • Rules and
Administration • Finance • Transportation • Veterans and General Legislation
EHLERS AND ASSOCIATES, INC.
FINANCIAL SPECIALISTS
FIRST NATIONAL-SOO LINE CONCOURSE 507 MARQUETTE AVE. MINNEAPOLIS. MINNESOTA 55402 339-8291 (AREA CODE 612)
FILE: Financial Specialists: Ehlers and Associates, Inc.
Please distribute to governing body members
February 1, 1984
Newsletter
The Bond Buyer's Index of yields on 20-year g. o. bonds dropped from 10.04% on December 16th to
9.60% on January 18. This remarkable improvement may be the result of curbs on massive marketings
of private purpose, tax exempt bonds. The known tax exempt market, which for many years only
financed public public purposes, grew from $35.6 billion in 1970 to over $125 billion in 1982, and
uncounted billions of private purpose tax exempt financings show in none of the statistics. In 1960
the total tax exempt vo.lume was less than $8 billion. The volume of tax exempt offerings has grown
at an exponential rate threatening to swamp the market and it has caused much higher interest
rates.
Some lament any federal intrusion on the power to exempt private borrowings from federal taxation,
but a reduced volume will lower both the extremely high tax exempt interest rates and conventional
(taxable) rates. So it might well be that the limits will be a greater benefit to business and
housing than tax exemption itself.
Some in the underwriting fraternity are concerned that this loss will adversely affect their
business, as though tax exemption is the sole reason for their being. It ought to be apparent,
however, that businesses, including the housing industry, will need financing with or without tax
exemption.
In September we sent a special notice of our computer capability to analyze the net cost of any tax
levy for Minnesota home and farm owners, deducting state paid credits and income adjusted property
tax refunds. We have had a significant number of assignments to run these numbers, and to good
effect. Therefore, we enclose another copy of that notice to keep this capability before you. If
you do not have this analysis, you cannot fully inform taxpayers of the true net cost of such
proposals. This knowledge does significantly improve voter understanding and approvals.
We have now completed a number of tax and aid anticipation financings using the risk free reverse
repo (U. S. Government obligations) investment vehicle which enhances yields (or reduces borrowing
costs) by about $10,000 for each $1 million borrowed and invested. If your consultant is not using
it, you are losing money, whatever the consultant's fee.
If fact, there is a grave risk in seeking the lowest paid consultant. One does not seek out the
cheapest surgeon or lawyer to handle an important case. You employ them on the basis of
qualifications and the results expected. This should also be true of a financial advisor charged
with executing a large and complex financing.
With warmest personal regards, we are
Very truly yours,
EHLE /IA ASS C C.
R L. hl s
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Shakopee Coalition
Meeting Minutes
February 2, 1984
Present:
Roman Schneider Barbara Coulter
Ruth Schneider Jackie Kes
John Neely Marcia Spagnolo
Gene Skalsky Joan Zwach
Pat Ploumen John Manahan
George Muenchow Kathy Lewis
Tom Brownell Tom Reiner
Deloris Gorman Jan Williams
Chairperson Neely called the meeting to order at 7:05 a.m.
Chair Neely gave an update of the school Dialogue in Minnesota town meeting:
The town meeting is scheduled Monday evening, February 13, 1984. Marcia
Neely, who was an active member of the former Education Task Force, has
agreed to serve as moderator. (Secretary's note: The task of finding a
moderator for this town meeting was probably the toughest assignment John
has taken on as Coalition Chairperson! ) Chair Neely is pursuing the task
of finding a person(s) to serve as Recorder(s) for the Town Meeting. In
coordination with Dr. Mayer, the Chair sent letters to about 30 organizations
encouraging participation in the Town Meeting.
Updates of plans for the Minnesota Food Share drive were given: Both Chair
Neely and Jan Williams received a call from Jeanette Nehls, Scott County Day
Care Association liaison person, in support of the Food Share drive. Further,
Jeanette offered assistance of Association members if help were needed for
collection points, transporting, etc.
Chair Neely has cleared use of vacant space at 327 S. Marschall Rd. for
short term storage of donated items. Shakopee Valley News will serve as a
central collection point, Monday-Friday, 8 a.m. - 5 p.m. Jan Williams
reported that about a dozen organizations, churches were represented at the
organizational meeting last Tuesday. Although there was short notice of
the meeting and limited planning time, much has been accomplished. Jan and
Joan Salter contacted many organizations who were not at the meeting. Drop
off sites will be located in grocery stores and superettes with various
organizations/persons taking charge of those sites. All of the churches
will have food collections and probably special collections during Sunday
services. Money cans will be placed in restaurants and bars with the
Lioness Club taking charge of the latter. The VFW and Legion will donate
some money and help with pickup of food. The library will serve as a
collection point with Anna Mae Walsh handling that. Shakopee and Jordan
High Schools are having a collection contest and there will be a traveling
trophy for the school collecting the most food. Jan will contact Judson
Kenyon about a trophy. Needed is a large scale for weighing the food and
people to help or to be available if needed to help. Jan will contact
Marlene Foudray regarding possible volunteer drivers. Jan is getting
free food/drink coupons from the fast food places for scouts, schools, etc.
Shakopee Coalition
Meeting Minutes
February 2, 1984
Page 2
to use as prizes for kids working on the drive. Messages about the Food
Share drive will be on cable, radio, elsewhere. Barb Coulter made a super
poster which will be reproduced for use around town. Barb willalso help
Joan Salter with the making/placing of posters. Jan has been and will
continue telling organizations to schedule Minnesota Food Share as an
annual event. Jan further reported that the Jordan Senior Citizens are
sponsoring a brunch on Sunday, February 26 at the Schule Haus with all
proceeds going to Food Share. Phone numbers: Joan Slater 445-6324;
Jan Williams 445-1376 (evenings) . Jackie Kes reported that various
corporations have made commitments to donate food and Cargill plans to
top the contribution of the largest donor.
Chair Neely reminded the Coalition of the previously identified need for
an on-going food collection project. The focus for the next and perhaps
several Coalition meetings will be locating an organization or committee
of people to take charge of continuous food collection efforts.
Tom Reiner reported that two representatiaves of Battered Women's programs
spoke to the Ministerial Association, addressing a variety of needs. Joan
Zwach noted activity of the Scott Carver Economic Council on Battered Women's
services. The Coalition decided to consider this topic at a future meeting,
perhaps in March, and to invite speakers to inform the Coalition about
services, needs, etc.
George Muenchow again expressed the desire for broader community representa-
tion at Coalition meetings. Jake Manahan suggested a membership chairperson
may be needed. Barb Coulter indicated that direct personal calls/contacts
are helpful. Jan Williams offered the suggestion that more forceful
invitations be made for representation. Another suggested that a summary
of Coalition activity be written and sent to organizations. Chair Neely
will prepare and send out a summary.
Gene Skalsky reported that there are several possibilities for chair or
co-chair of the Chemical Task Force.
Jan Williams reported that a community member discussed with her the need
for a list of volunteers and of organizations in the area. Chair Neely
offered to compile a descriptive list of organizations and contacts from
the Scott County Resource Directory. He also will contact Welcome Wagon
regarding use of the list for persons new to the area.
The next Coalition meeting is Thursday, February 16, 1984, 6:30 - 8:00 a.m. ,
at the Citizens State Bank.
Meeting adjourned at 7:55 a.m.
Respectful) submitted,
Patricia R. Ploumen
Note: The secretary extends apologies if any credits were omitted for
work done, donations made, etc.
PROCEEDINGS OF THE
DOWNTOWN AD HOC COMMITTEE
SHAKOPEE, MINNESOTA
January 18, 1984
Chrm. Laurent called the meeting to order at 7 : 36 A.M. with the
following voting members present : Steve Clay, Terry Link, Don
Martin, Mike Sortem, Dan Steil , Jim Stillman, Jerry Wampach , and
Bill Wermerskirchen Jr . Non-voting member present : Lee Stolzman .
Absent : Nancy Christensen, Terry Klinger, Frank Reid , Joe Topic ,
Trevor Walsten , and Paul Wermerskirchen. Also present : Jeanne
Andre , Community Development Director, Dick Krier of Westwood
Planning and Engineering, and Bud Berens of the Shakopee Devel-
opment Corporation .
Stillman/Steil moved to approve the minutes of December 27 , 1984 ,
as presented . Motion carried .
Chairman Laurent explained that two letters have been provided to
members on the table . One letter is from St . Francis Hospital
explaining their proposed project in conjunction with M.A.
Mortenson and the second is a proposal for further services from
Westwood Planning and Engineering.
Jeanne Andre informed the members that the City Council accepted
the resignation of Gene Pearson at its January 17 , 1984 meeting.
Dan Steil indicated he would call Nancy Christensen, Terry Klinger
and Trevor Walsten to see if they wish to continue their involve-
ment with the Downtown Committee . Discussion was held on other
citizens who may wish to become involved . Chairman Laurent stated
that he would like to publicly express his appreciation for the
leadership Dan Steil has provided as Chairman over the past few
years . Other members concurred .
Chairman Laurent expressed his support of the many innovative
approaches the city is now initiating and the synergism this
creates - with the whole being larger than the sum of its parts .
He asked Jeanne Andre to explain current City Council deliberations
regarding the K-Mart Increment District . She explained that the
district is now bringing in more money than planned and is in a
position that bonds for prior improvements could be paid off early.
The City has received a legal opinion from the firm of O'Conner and
Hannan that the project area boundaries could be expanded or merged
with the downtown project thereby allowing the bonds to be refinanced
and used on other improvements such as the racetrack , upper valley
drainageway or downtown rather than early repayment . Chairman
Laurent added that an advantage of this plan is that the K-Mart
district does not currently pay into fiscal disparities , and there-
fore the City can capture funds that otherwise would be used to
benefit the whole metropolitan area .
Discussion was held on whether these funds should appropriately be
used for downtown improvements . Concensus that the downtown is a
City-wide problem was reached , with emphasis on the delays caused
by current traffic patterns . Steil/Link moved to request the City
Council to further consider use of K-Mart Increment funds for down-
town projects and to suggest that the Committee will provide more
specific recommendations on the best application of these: funds
to downtown improvements after it has studied alternative funding
sources . Motion carried .
Jeanne Andre informed the committee that its Downtown Concept Plan
(Alternative B-1 , Revised) was recommended to the City Council by
the Industrial Commercial Commission and the Planning Commission.
The City Council accepted the plan in principle at its January 17th
meeting and will formally adopt the plan by resolution at its next
meeting.
Discussion was held on the benefits of presenting the plan to the
Shakopee Public Utilities Commission (SPUC) to aid in their long-
term planning. Wermerskirchen/Clay moved that the Downtown Concept
Plan be placed on the SPUC agenda as soon as feasible and represent-
atives of the Downtown Committee would make a presentation . Motion
carried .
Ms . Andre indicated she would also send copies of the concept plan
to the gas and telephone companies .
Mr. Wermerskirchen left at 8 : 30 A.M.
Chairman Laurent opened discussion on how the Committee should proceed
with possible street closings as indicated on the concept plan.
Mike Sortem explained the project the hospital is proposing for a
professional building for doctors who are resident specialists . He
indicated that a site with direct access to the hospital is critical
for the marketing and economic feasibility of the project .
Discussion was held on whether the hospital plan fits into the Down-
town concept plan . Consultant Krier indicated that this project
is a prime opportunity to start implementation as long as the
Committee reviews plans for consistency with its concept plan. Mr.
Krier suggested the City deal with only one street closing at a time
due to the controversial nature of this activity.
Mr . Wampach indicated that he considers the free land created by
the closing of Atwood between 4th and 5th a good deal for St .
Francis Hospital , but he is not supportive of street closings .
Chrm. Laurent commented that a large portion of the City is now in
streets which are costly to maintain . This also precludes develop-
ment which requires larger parcels of land . Mr. Stolzman suggested
that skyways as used in the downtowns of larger cities are too
costly for Shakopee . Mr . Stillman indicated that some years ago
the City adopted a policy that 300 foot blocks are too small , and
l
new subdivisions in Shakopee are not developed this way. He
Suggested his support if the City can improve downtown while
also creating larger blocks .
Discussion was held on the problems the Fire Department may have
with the closing of Atwood . Terry Link suggested the main problem
is in getting the men to the station.
Don Martin commented that most street use is based on habit and
he ' s noticed changed use of Atwood since it was temporarily
closed . Jeanne Andre indicated that street traffic counts support
his observation .
Clay/Stillman moved to recommend to the City Council that Atwood
Street between 4th and 5th be closed to accomodate the tentative
plan put forth by St . Francis Hospital/M. A. Mortenson, dependent
on the formal presentation of a building concept plan by the dev-
eloper and determination that it is in agreement with the down-
town concept plan . Motion carried .
Councilman Wampach indicated that he supports the downtown concept
plan as a whole , but not 100% of its elements . He desires to hear
public opinion on the street closing. Although many were opposed
before , they may have changed their minds .
Consultant Krier outlined the implementation activities that will
flow from the concept plan. These include : 1) designating areas
for rehabilitation ; 2) designating sites for new development (by
demolition or on vacant parcels) ; 3) careful review of parking;
4) developing a design theme ; 5) more specific review of street
location ; 6) development of acquisition and relocation plans ;
7) formulation of an overall budget ; 8) undertaking threshold anal-
ysis for tax-increment financing for selected blocks ; 9) develop-
ment of a business promotion plan , 10) establishing a downtown
development corporation ; 11) working with local business on a
defensive commercial strategy; 12) working with local lenders on
how they can participate in downtown redevelopment ; 13) exploring
how to build public/private partnerships which provide returns to
the City; 14) developing a plan to undertake public improvements ;
15) developing acquisition and relocation policy manuals .
Mike Sortem left at 9 : 12 A.M.
The Committee determined to hold the next meeting on February 15 ,
1984 at 7 : 30 A.M. The agenda will include identifying development
areas , and review of parking, street location and urban design
elements .
Terry Link indicated that he has heard that Chaska will be closing
its railroad tracks which could bring more rail traffic to Shakopee .
Link/Stillman moved to adjourn at 9 :24 A.M. Motion carried .
Steve Clay
Secretary
Jeanne Andre
Recording Secretary
MINUTES OF THE
SHAKOPEE PUBLIC UTILITIES COMMISSION
(Regular Meeting)
The Shakopee Public Utilities Commission convened in regular session on
January 9, 1984 at 4:30 P.M. in the Utilities meeting room.
Commissioner Bishop offered a prayer for divine guidance in the deliberations
of the Commission.
MEMBERS PRESENT: Commissioners Bishop, Cook and Kirchmeier. Also Superintendent
Leaveck, Manager Van Hout, Liaison Wampach and Secretary Menden.
BILLS READ: '
City of Shakopee 20,032.00
American Safety Utility Corporation 101.55
Associated Mechanical Contractors, Inc. 57.52
Auto Central Supply 27.26
Baldwin Supply Co. 43.94
Battery and Tire Warehouse, Inc. 73.52
Bergerson-Caswell, Inc. 14,116.55
Bills Toggery 17.50
Boardman, Suhr, Curry and Field 80.00
Border States Electric 5,487.20
Burmeister Electric 31.74
C.H. Carpenter Lumber 57.35
Chicago and N.W. Transportation Co. 340.00
City of Shakopee 1,152.23
Clay's Printing Service 112.30
Davies water Equipment Co. 290.14
Eddy Bros. Co. 226.90
Feed-Rite Controls, Inc. 729.91
Goodin Company 25.53
H & C Electric Supply 222.00
H.M. Cragg Company 117.34
Harmons Hardware 2.30
Hennens ICO 18.10
Edward Hennen 1,048.50
Industrial Sales and Service 945.16
Krass, Meyer, Kanning and Walstren 75.00
Locators and Suppliers 197.47
Vincent Marschall 76.00
Minnesota Department of Health 197.83
Minnesota Environmental Quality Board 303.05
Minnesota Municipal Utilities Association 270.00
Motor Parts Service Co. 27,92
National electric Inc. 90.00
Northern Sanitary Supply Co. , Inc. 140.60
Northern States Power Co. 213,369.61
Northern States Power Co. 1,003.97
Northern States Power Co. 293.26
Northland Electric Supply Co. 165.52
Northwestern Bell Telephone Co. 394.40
P.C.B. Inc. of Missouri 1,168.50
Peat, Marwick, Mitchell and Co. 18,271.00
Reynolds Welding Supply Co. 49.13
Terrill Roquette 63.68
Serco 56.00
Shakopee OK Hardware 24.18
Shakopee Services 18.00
Southwest Suburban Publishing, Inc. 110.15
Starks Cleaning Services 17.30
Suel Business Equipment 104.47
Truck Utilities and Mdg Co. 394.57
Uniforms Unlimited 247.55
Lou Van Hout 57.62
Valley Industrial Propane, Inc. 22.82
Wadena Area Vocational -Technical Institute 150.00
Leef Bros. 16.00
Motion by Cook, seconded by Kirchmeier that the bills be allowed andsordered paid.
Motion carried.
Motion by Cook, seconded by Kirchmeier that the minutes from the October 3, 1983
November 7, 1983 and December 5, 1983 regular meetings be approved as kept. Motion
carried.
Motion by Kirchmeier, seconded by Cook to offer Resolution #265 A Resolution
Designating Official Depositories of the Shakopee Public Utilities Commission Funds.
Ayes: Commissioners Bishop, Cook and Kirchmeier. Nayes: none. Resolution passed. Motion
carried.
Motion by Cook, seconded by Kirchmeier to offer Resolution #266, A Resolution
Designating An Official Means of Publication. Ayes: Commissioners Bishop, Cook
and Kirchmeier. Nayes: none. Resolution passed. Motion carried.
Motion by Cook, seconded by Kirchmeier to Offer Resolution #267 A Resolution
Regulating Salaries. Ayes: Commissioners Bishop, Cook, and Kirchmeier. Nayes: none
Resolution passed. Motion carried.
There were no new plats for December, 1983.
Superintendent Leaveck reported three fire calls for a total of Four Hours and
fifth minutes.
Superintendent Leaveck reported no loss time accidents for December, 1983. Motion
carried.
Superintendent Leaveck reported on the water availability to Lot 4, Blk 76. A discussion
followed.
Motion by Kirchmeier, seconded by Cook to approve the private water line for
Lot 4 Blk 76 with the following stipulations; that the owner be notified of the
potential problems due to the private line, that a 1" copper line be installed, that
no one else be allowed to connect to the new service, that the developer and owner be
advised that the agreement and specifications be recorded on the property deed, that
the owner be aware that the Shakopee Public Utilities Commission not be responsible
for any damage done to existing water services due to the digging of the new water service,
and that in no way does this set a precedent for other new water services. Motion carried.
Motion by Cook, seconded by Kirchmeier that the Shakopee Public Utilities
Commission vacate three feet of a 10 foot easement on the Francis Vohnoutka
property on 10th Avenue and Sibley St. Motion carried.
Manager Van Hout arrived at the meeting.
Manager Van Hout presented the information for the interest allocation to the
various funds. The Resolution will be prepared for the next meeting.
Motion by Cook, seconded by Kirchmeier, the interest allocation for the
next following reserve funds; the electric on reserve, the water on reserve,
trunk charges, connection charges be allocated on a pro rata basis effective
January 1, 1983. Motion carried.
The tentative agenda for the joint meeting with the Shakopee Public Utilities
Commission and the Common Council of the City of Shakopee was presented to
the Commission by Manager Van Hout.
Liaison Wampach gave an update on the downtown development.
Liaison Wampach gave an update an the progression of the street rehabilitation
and preservation policy.
Motion by Cook, seconded by Kirchmeier that the meeting be adjourned.
Motion carried.
Barbara Menden, Commission Secretary
3
Board of Directors
President
John T. Irving
Crystal association of
Vice President metropolitan
Ronald Backes municipalities
St. Louis Park
Past President
Mary Anderson
Golden Valley
Directors
Michael Baldwin February 16, 1984
Champlin
William Barnhart TO: AMM Member Cities (Managers/Administrators)
Minneapolis \�
FROM: Vern' eterson, Executive Director
Gary Bastian
Maplewood Enclosed are copies of the Addendum to the Association of
Bea Blomquist Metropolitan Municipalities' "Policies and Legislative Proposals
Eagan for 1984. After months of study and hard work by the standing
AMM policy committees, these policies and legislative proposals
Jerry Dulgar were adopted by the AMM member cities at a general membership
Anoka meeting on January 31, 1984. These policies along with those
Laura Fraser adopted last year are the basis for the AMM lobbying efforts for
Lake Elmo the 1984 Legislative Session.
James Miller I would respectively request that you distribute copies to your
Minnetonka Mayor and Members of your City Council.
Hannah Mullan
St. Paul Park Thank you.
Neil W. Peterson P.S. The AMM Office has sent copies to your State Senators and
Bloomington Representatives.
Eldon Reinke
Shakopee
James Scheibel
St. Paul .,
Mary Schweiger RECF1VF- Aj
St. Paul
Jackie Slater NFL.; 6 "'
t
Minneapolis
James Spore CITY �J ° SnAkt ;
Burnsville
Robert Sundland
St.Anthony
Robert Thistle
Coon Rapids
Executive Director
Vern Peterson 183 university avenue east, st. paul, minnesota 55101 (612) 227-5600
tA
t� i*Do
association of
metropolitan
municipalities
A D D E N D U M
T 0
P O L I C I E S
A N D
L E G I S L A T I V E P R O P O S A L S
1983 — 19184
ADOPTED BY THE ASSOCIATION MEMBERSHIP ON JANUARY 31, 1984
183 university avenue east, st. paul, minnesota 55101 (612) 227-5600
I N D E X
PAGE NUMBER
I. MUNICIPAL REVENUE AND TAXATION 1 - 2
II . GENERAL LEGISLATION 3 - 9
IV. METROPOLITAN AREA ISSUES AND 10 - 20
CONCERNS
V. TRANSPORTATION 21 - 24
I .
MUNICIPAL REVENUES AND TAXATION
PAGES 1 and 2
I
MUNICIPAL REVENUES AND TAXATION
I-C-2 LOCAL GOVERNMENT AID FUNDING
The 1983 Legislature modified the LGA formula in a manner which causes
some redistribution of the funds based on the relationship of need
expressed as a Local Revenue Base and effort expressed as the equivalent
of ten mills times the unit equalized assessed value. The major change to
accomplish this goal was elimination of the grandfather clause. To
restrict cities from losing too much too fast a limited loss of the
equivalent of three quarters of one mill times the units equalized
assessed value was established and funded. However, based on current
data the total funding for 1984 aids fell $3. 5 million short which
caused 318 cities to receive less than anticipated and all of those
cities which would have lost the limit to lose additional funds. In
many cases, these loses were significant. The pro rata reduction
formula in past years has been applied to all cities after maximums,
minimums, and other limitations were applied. For 1984, the pro rata
formula was applied to the preliminary aid (Local Revenue Base minus
10 mills times equalized assessed value) . The result was that instead
of a 1. 3% cut for all cities, the preliminary aid was reduced by nearly
20% to yield the $3. 5 million.
Recently, the Governor, Legislative leadership, and the Tax Committee
chairs have indicated they will push for an added $3. 5 million for LGA to
restore the pro rata cuts. Cities will have to adjust there 1985 levy
limits if a levy was made for the certified shortfall in 1984. Finally,
the 1984 legislature will have to confirm full funding or pro rata
reduction for 1985.
THE AMM URGES THE LEGISLATURE TO RESTORE THE $3. 5 MILLION DOLLAR SHORTFALL
IN 1984 LGA TO ACHIEVE FULL FUNDING OF THE FORMULA AS INTENDED BY THE
1983 LEGISLATION. FURTHER, WE URGE THAT FULL FUNDING FOR 1985 BE INSURED.
I-E-2 SALES RATIO EQUALIZATION
Whereas, taxing units in the seven-county metropolitan area are subject
(1) to certain area-wide levies and (2) to Fiscal Disparity allocations,
it is necessary to ensure tax equalization among these various tax units .
Therefore,
THE LEGISLATURE SHOULD DEVELOP LEGISLATION TO ENSURE THAT SALES RATIO
STUDIES AND CALCULATIONS USED IN VARIOUS AID FORMULAS CONSIDER ALL ACTORS
OF SALES INCLUDING BUT NOT LIMITED TO TERMS OF FINANCING AND ADJUSTMENTS
FOR INFLATION OCCURING BETWEEN THE ASSESSMENT AND SALES DATES. AFTER
THE SALES RATIO STUDIES ARE IMPROVED BY INCLUDING ALL FACTORS OF SALES
THE LEGISLATURE SHOULD ENACT LEGISLATION WHICH MANDATES AT LEAST A 90%
SALES RATIO FOR ALL CITIES WITHIN THE SEVEN-COUNTY METROPOLITAN AREA,
THE SALES RATIO SAMPLE TO BE EITHER DONE OR AUDITED BY THE STATE
DEPARTMENT OF REVENUE AND REQUIRING THAT THE COMMISSIONER OF REVENUE
1
SHALL MAKE AGGREGATE INCREASES IN THOSE CITIES BELOW 900. ALL COSTS
INCURRED BY THE COMMISSIONER SHALL BE PAID BY THE ASSESSING JURISDICTION.
THE SALES RATIO DETERMINATION FOR THESE PURPOSES TO BE MADE ON THE BASIS
OF A 12-MONTH PERIOD SAMPLE, BEGINNING NO MORE THAN 18 MONTHS BEFORE THE
ASSESSMENT DATE.
THE AMM OBJECTS TO SALES RATIO BEING USED AS A BASIS FOR PENALTY OR
BONUS OF STATE AID FUNDS.
i
2
II .
GENERAL LEGISLATION
PAGES 3 THROUGH 9
II
GENERAL LEGISLATION
II-C CABLE COMMUNICATIONS
C-2 CABLE COMMUNICATION INTERCONNECTION AND REGIONAL CHANNEL
Nearly all of the cities in the Metropolitan Area have formed, single
or in joint powers, Cable Service Territories (CST) . The franchising
progress ranges from already served to preparing RFPs for bids . Two
major issues are currently being addressed by the State Cable Board,
the Legislature and the Metropolitan Council . They are Interconnection
of Cable Systems and the functional operation of Regional Channel 6
which is the Public Access set aside channel mandated by state law to
provide regional programming opportunities. The State Cable Board
has advertized for entities to apply for operation of the regional
Channel 6 with a January 1984 deadline. Legislation is pending that
creates a Metropolitan Channel 6 Board to be appointed by the
Metropolitan Council and operated in much the same manner as the current
Metropolitan Commissions. The council would retain capital and
operations budget review. The Metropolitan Council Cable Task Force
has supported the legislation and recommended that the Metropolitan
Council apply to be the Channel 6 operating agency in the interim until
the legislation is enacted. Additionally the Task Force has recommended
that the Metropolitan Area C. S.T. s form a commission to study and
implement Interconnection of the various cable systems. Finally the
Metropolitan Council has announced its intention to seek state designation
to oversee the development of regional cable TV Channel 6.
The AMM has several major concerns with the Metropolitan Council
involvement . The council is a planning and coordinating agency which
should not become an operating agency. Operating as well as capital
budget control with appointing authority and policy development input
would make it an operating entity. Acting in the interim may become
permanent if legislation is not enacted. The timing is such that viable
alternatives have not been investigated such as a commission of cable
commissions. At this time most CST' s are mainly concerned with franchising
and construction of the individual systems and setting up local non-profit
public access corporations for the local systems. At this time there
is an ever growing wealth of knowledge concerning all facets of cable
in the communities that far outweigh what exists at the council level .
Therefore,
1. THE AMM URGES THE MINNESOTA STATE CABLE BOARD TO DELAY ACTION ON
ACCEPTING PROPOSALS TO OVERSEE DEVELOPMENT OF THE REGIONAL CHAN14EL 6
UNTIL VIABLE ALTERNATIVES CAN BE PRESENTED. DUE TO THE STAGE OF
DEVELOPMENT OF VARIOUS CABLE SYSTEMS IN THE METROPOLITAN AREA, THERE
DOES NOT APPEAR TO BE A NEED FOR RUSHING THIS DECISION.
2. THE AMM ENCOURAGES CREATION OF A COMMISSION OF CABLE SERVICE TERRITORY
COMMISSIONS TO SUBMIT AN APPLICATION FOR THE PURPOSE OF INTERCONNECT-
ION AND ESTABLISHMENT OF A CHANNEL 6 ENTITY. THESE PARTICULAR
3
ENTITIES HAVE THE TECHNICAL EXPERTISE OF ESTABLISHING OPERATING
CABLE SYSTEMS AND OF CREATING NON-PROFIT PUBLIC ACCESS CORPORATION")
TO OVERSEE AND OPERATE ALL TYPES OF LOCAL PUBLIC ACCESS. THE
INDIVIDUAL CST COP, MISSIONS WILL SOON BE COLLECTING FRANCHISE FEES
AND IT IS FELT THAT ENOUGH MONEY WILL BE AVAILABLE TO PROVIDE START
UP FUNDING FOR A NON-PROFIT CHANNEL 6 ACCESS CORPORATION. NO STATE
MONEY SHOULD BE PROVIDED TO FUND A NON-PROFIT ACCESS CORPORATION.
3. THE AMM ACTIVELY OPPOSES INVOLVEMENT OF THE METROPOLITAN COUNCIL AS
AN OPERATING ENTITY IN THE AREA OF CABLE COMMUNICATIONS. ITS ROLE
SHOULD BE ONE OF PLANNING AND RESEARCH.
4. THE AMM FEELS THAT THE MINNESOTA CABLE COMMUNICATIONS BOARD DOES HAVE
STATUTORY AUTHORITY TO DESIGNATE A REGIONAL CHANNEL 6 ENTITY. HOW-
EVER, IF LEGISLATION CREATING SUCH AN ENTITY IS PURSUED, IT SHOULD
ESTABLISH A COMMISSION OF CABLE SYSTEMS TERRITORY COMMISSIONS AS THE
AGENCY WHICH WOULD BE DESIGNATED TO CREATE A NON-PROFIT PUBLIC ACCESS
CORPORATION.
5. FINALLY, THE AMM SUPPORTS THE METROPOLITAN COUNCIL CABLE TASK FORCE
REPORT RECOMMENDATION THAT A COMMISSION OF CABLE SERVICE TERRITORY
COMMISSIONS BE ESTABLISHED TO FACILITATE THE ULTIMATE OVERALL INTER-
CONNECTION OF THE VARIOUS CABLE SYSTEMS IN THE METROPOLITAN AREA.
II-G OPPOSE STATE OR METROPOLITAN LICENSING OF GENERAL TRADE CONTRACTORS
Licensing of general trade contractors and various other activities has
long been a local prerogative, and the mechanism for license review,
issuance , and enforcement is already in place. The primary reason that
local licensing has been successful and, therefore , maintained at the
local level , is that inspection and enforcement personnel reside at the
local level , know the area and activities, and are familiar with local
ordinance and restrictions, thus providing better and faster enforcement .
Suggestions have been made to form a statewide or metropolitan wide
licensing authority and split the revenue among the licensing agency
and various municipalities with the municipalities maintaining enforce-
ment tasks. It is questionable under this arrangement , if either the
agency or municipalities would have enough funds to accomplish the
respective tasks. In these times of economic stress it does not seem
logical to increase participation in an area that has and is being handled
effectively at the local level . Therefore,
THE AMM STRONGLY OPPOSES STATE OR METROPOLITAN TAKEOVER OF GENERAL TRADE
CONTRACTOR AND OTHER ASSOCIATED TRADE CONTRACTOR LICENSING.
II-T PERA BENEFITS, FINANCING, AND ADMINISTRATION
The following principles should govern any changes the legislature
makes in PERA and the other statewide pension plans.
4
T-1 HIGH FIVE YEAR BENEFIT BASE
The adoption in 1973 of the "high five year" benefit formula for
PERA has provided very adequate pension benefits for career municipal
employees. Further shorting of the averaging period would create
windfalls for some PERA members and multiply opportunities for
manipulation of service and salaries to maximile pension benefits
without proportional contribution to the fund. Therefore,
THE AMM OPPOSES MODIFICATION OF THE "HIGH FIVE" FORMULA.
T-2 GENERAL PERA BENEFIT INCREASES AND FUNDING
ANY INCREASES IN PERA BENEFITS SHOULD BE GRANTED ONLY TO THE EXTENT
THAT PROPOSED CONTRIBUTIONS AND CURRENT RESERVES ARE SUFFICIENT TO
FULLY FUND THE INCREASES IN THE OPINION OF ONE OR MORE RECOGNIZED
PENSION ACTUARIES WHO ARE INDEPENDENT OF THE PERA ORGANIZATION. ANY
INCREASES IN PERA GENERAL FUND BENEFITS ENACTED SUBSEQUENT TO 1973,
INCLUDING ANY RESULTING DEFICITS, SHOULD BE FINANCED BY MATCHING
CONTRIBUTIONS, SHARED EQUALLY BE EMPLOYEES AND PUBLIC EMPLOYERS, OVER
A PERIOD NOT TO EXCEED 30 YEARS. ANY INCREASES IN BENEFITS UNDER
THE PERA POLICE AND FIRE FUND, INCLUDING ANY RESULTING DEFICITS,
SHOULD BE FINANCED 50 PERCENT BY EMPLOYERS AND 50 PERCENT BY EMPLOYEES ,
OVER THE SAME AMORTIZATION PERIOD. ANY BENEFIT INCREASE OR CONTRIBUTION
REDUCTIONS PERMITTED BY EXCESS RESERVES OR EXCESSIVE CURRENT CONTRIBUTIONS
OR COMBINATIONS OF THE TWO SHOULD BE OF SUCH APdOUNTS AS TO BENEFIT THE
EMPLOYER AND EMPLOYEE EQUALLY AS A PERCENTAGE OF OVERALL EMPLOYEE SALARY.
T-3 EARLY RETIREMENT
Devices to promote early retirement , like the proposed rule of 85 (75
for police) are a very blunt instrument for cutting budgets or weeding
out dead wood. To the extent that they encourage basic plan members
to retire, they arguably benefit the PERA fund by freezing the deficit .
However, replacement of basic plan members with coordinated members at the
samesalary levels will increase employer retirement contribution costs
because contributions to social security and the coordinated plan of
PERA substantially exceed required employer contributions to the PERA
basic plan for most employees. This differential is an immediate cost to
the taxpayers.
FOR THESE REASONS AND BECAUSE INCREASING LIFE SPANS SHOULD LEAD TO AN
INCREASE IN YEARS OF EMPLOYABILITY, THE AMM OPPOSES THE RULE OF 85 (75 FOR
POLICE) AND OTHER PROPOSALS TO ENCOURAGE EARLIER RETIREMENT BY PUBLIC
EMPLOYEES.
T-4 RETIREE HEALTH INSURANCE
Among all the proposals for benefit increases, the one that most
threatens the financial soundness of PERA and other Minnesota public
pension funds, is the proposal to provide health insurance to retirees
paid from the pension fund. Full payment would commit the taxpayers to
an open ended promise to pay a cost that is esculating at the rate of
157o to 20% per year even in low inflation years. Partial payment would
provide a foot-in-the-door for full payment . Either would hamper efforts
to control health care costs by making the recipient responsible for a
5
significant portion of charges to encourage thrifty use.
IN ORDER TO AVOID RECURRING PROBLEMS SIMILAR TO THOSE EXPERIENCED BY
THE FEDERAL GOVERNMENT IN ITS PENSION PROGRAMS, THE ADAM OPPOSES PAYMENT
OF HEALTH CARE COSTS FOR RETIREES FROM THE PERA FUND.
T-5 EXCESS EMPLOYER CONTRIBUTIONS
SINCE THE EQUAL MATCHING EMPLOYEE AND EMPLOYER CONTRIBUTIONS TO THE
COORDINATED PLAN WITHIN PERA ARE SUFFICIENT TO FINANCE THE PRESENT
BENEFITS AND LIQUIDATE THE EXISTING DEFICIT IN LESS THAN 30 YEARS,
THE EMPLOYER' S ADDITIONAL 11% OF SALARY CONTRIBUTIONS SHOULD BE
ABOLISHED. ALL OF THE EMPLOYER' S ADDITIONAL CONTRIBUTIONS OF 220
OF SALARY FOR THE BASIC PLAN SHOULD BE SPECIFICALLY AND EXCLUSIVELY
EARMARKED FOR THE REDUCTION OF THE ACTUARIAL DEFICIT IN THE PERA BASIC
PLAN A14D NOT FOR BENEFIT IMPROVEMENT.
T-6 GENERAL RETIREE BENEFITS
IF ANY INCREASE IN BENEFITS IS ENACTED FOR PERA RETIREES, THE
RESULTING COSTS SHOULD NOT BE PAID FROM THE PERA FUND, BUT RATTIER
SHOULD BE FINANCED BY A DIRECT APPROPRIATION FROM THE STATE GENERAL
FUND.
T-7 ACTUARIAL ASSUMPTIONS
THE ACTUARIAL ASSUMPTIONS CONCERNING THE RATE OF INVESTMENT EARNINGS
AND OF SALARY INCREASES SHOULD BE A CONSERVATIVE REFLECTION OF ACTUAL
EXPERIENCE.
T-8 MINNESOTA POST RETIREMENT INVESTMENT FUND
THE AMM SUPPORTS THE CONTINUATION OF THE MINNESOTA POST RETIREMENT
INVESTMENT FUND AS A MEANS OF PROVIDING POST-RETIREMENT INCREASES IN
THE PENSION BENEFITS OF RETIREES UNDER THE STATE-WIDE PENSION FUNDS.
THE AMM SUPPORTS STATE FUNDING OF ANY FUND DEFICITS FROM GENERAL FUNDS
OR AMORTIZATION OF THE DEFICITS BY CREDITING A REASONABLE PORTION OF
EXCESS EARNINGS OVER STATUTORY ASSUMPTIONS TO RETIRE DEFICITS AND
PAYMENT OF THE REMAINDER OF EXCESS EARNINGS TO RETIREES AS A COST
OF LIVING ADJUSTMENT WITHOUT ESTABLISHMENT OF ANY GUARANTEED ADJUSTMENT.
T-9 PENSION FUND PROGRAMS
SINCE INTEGRATION OF PENSION FUND ADMINISTRATION MECHANISMS MAY LEAD
TO COMBINING THE FUNDS, THE AMM OPPOSES ANY MOVE TO COMBINE ADMINISTRATION
OF THE THREE STATE-WIDE PENSION PROGRAMS .
T-10 DEFINED CONTRIBUTION
Defined contribution plans basically provide that an employee receives
that amount that the employee and employer have contributed plus accrued
interest at exit from public employment or retirement . The amount can
be taken in lump sum or used to provide various anuity arrangements. It
provides complete portability and certainty of ownership of the account
which cannot be modified by legislative acts. It resolves intergenerat-
6
ion fights and fights between current generation employees as well as
forever resolving underfunding questions and ends pressures for political
tinkering for various benefit modification.
THE AMM SUPPORTS IN CONCEPT A CHANGE IN THE MEANS OF PROVIDING PENSIONS
FOR NEW MINNESOTA PUBLIC EMPLOYEES FROM THE PRESENT DEFINED BENEFIT
TYPE PLANS TO A SINGLE DEFINED CONTRIBUTION PLAN. CURRENT EMPLOYEES
SHOULD BE GIVEN THE OPTION TO TRANSFER INTO THE NEW PLAN. HOWEVER, THE
AMM WILL OPPOSE ANY SUCH LEGISLATION WHICH DOES NOT CONTAIN A CLEAR
COMMITMENT BY THE STATE TO FUND ANY DEFICIT CREATED IN PRESENTLY
EXISTING DEFINED BENEFIT PLANS RESULTING FROM THE TERMINATION OF THE ENTRY
OF NEW MEMBERS, AND A MUNICIPAL CONTRIBUTION RATE THAT IS AS LOW OR LOWER
THAN EMPLOYER CONTRIBUTION RATES TO EXISTING PLANS.
T-11 INSURANCE REBATE
The PERA police and fire fund is now essentially fully funded. Further-
more, the employer (taxpayers) through payment of more than 50 percent
of contributions to this fund is creating a surplus not needed for
pension purposes. Therefore ,
THE LEGISLATURE SHOULD AMEND THE PRESENT PROVISION ON DISBURSEMENT
OF THE TWO PERCENT TAX ON AUTOMOBILE CASUALTY INSURANCE TO ALLOW
EXPENDITURES BY THE RECIPIENT POLITICAL SUBDIVISION OF ANY EXCESS OVER
THE EMPLOYER' S SHARE OF POLICE RETIREMENT COSTS FOR ANY POLICE DEPARTMENT
PURPOSE INSTEAD OF REQUIRING PAYMENT TO THE PERA POLICE AND FIRE FUND.
SINCE THE PERA POLICE AND FIRE FUND HAS NOW ESSENTIALLY ACHIEVED FULL
FUNDING, EMPLOYER' AND EMPLOYEES' CONTRIBUTIONS SHOULD BE REDUCED TO AN
AMOUNT SUFFICIENT TO PAY NORMAL COSTS ON AN EQUAL SHARE BASIS.
r-12 CONTRIBUTION SAVINGS
ANY DECREASE IN CONTRIBUTIONS BY LOCAL UNITS DUE TO DEFICIT REDUCTIONS
OR PGORAM CHANGES SHOULD ACCRUE TO TIIE LOCAL UNIT.
II-U CONTRACT QUOTE AND BID
The 1983 legislature modified the contract bidding law by increasing
the thresholds from $10, 000 to $15, 000 for which it is necessary to
advertize for competitive sealed bids. The other thresholds for
multiple quotes were also increased. However, a floor amendment removed
language from the smallest category that required two quotes as far as
practicable ' . Thus, in theory, a city might be required to obtain and
file two quotes for purchases such as a light bulb, etc.
THE AMM RECOMMENDS THAT THE LEGISLATURE REINSTATE THE ' AS FAR AS
PRACTICABLE' LANGUAGE TO THE SMALLEST CONTRACT CATAGORY AND IF NECESSARY
REDUCE THAT CATAGORY TO ZERO TO $5, 000 AND CHANGE THE SECOND CONTRACT
CATAGORY REQUIRING TWO OR MORE COMPETITIVE QUOTES TO $5, 000 TO $15, 020.
II-V ZONING AND SUBDIVISION FILING REQUIREMENTS
The law was modified two years ago to require any zoning change or
variance as well as subdivision approval to be recorded with the
appropriate county agency. Subdivision regulations and plats have to
do with legal descriptions of property and may be justifiable actions
7
for recording. However, zoning along with comprehensive plans
are much more flexible and changing documents specifying uses in
more general terms and size or locational issues in more specific
terms. Zoning issues may range from the location and height of a
fence to changing a zone classification for literally hundreds of
specific properties. The sheer volume and cost of paper work at
both the local and county level , is not warrented since these issues
and decisions are available already at the local level and are not
legally appropriate parts of deeds and titles. Finally , this law
was initially changed by a separately signed bill passed in 1983
except that a latter revisors bill making changes to many areas of
law inadvertently carried the old language . Since it passed later,
it superceded the first bill and returned the law to its pre 1983
status.
THE AMM URGES THE LEGISLATURE TO REPASS THE LAW WHICH ELIMINATES THE
NEED TO FILE AND RECORD ZONING MODIFICATIONS WITH THE COUNTY.
II-W TORT LIABILITY LIMITS
During the 1983 legislative session, Tort liability limits for local
governments were increased from $100, 000/$300, 000 to $200, 000/$600, 000
as of August 1, 1984. Limits for Hazardous Waste disposal claims
are $300, 000/$600, 000 and will be $400, 000/$1, 200, 000 effective
August 1, 1984. During these discussions, the Governors office expressed
a desire to remove Tort liability limits altogether. If done, this
could have a critical and disasterous effect on city financing and
property taxes. The cost of providing insurance for unlimited liability
would be prohibitive and cause a long term unnecessary major property
tax increase. Also, if a major claim were to be filed and supported
through the judicial system for a sum far in excess of what might be
considered reasonable, a local jurisdiction could literally be driven
to financial ruin with the taxpayers becomming liable for huge property
tax payments. Unlike a private sector business, a city cannot merely
declare bankruptcy and cease to exist .
THE AMM CONSIDERS THE CURRENT TORT LIABILITY LIMITS ADEQUATE TO
SATISFY ANY REASONABLE CLAIM AND THEREFORE URGES THE LEGISLATURE TO
RETAIN THE LIMITS IN CURRENT LAW AND NOT CONSIDER UNLIMITED LIABILITY.
II-X PUBLICATION REQUIREMENTS
Legislation has been proposed to significantly modify publishing
requirements and rates paid by local units of government . Included
are a few provisions reducing redundancy of multiple publication
requirements. However, it calls for summary publication of all council
meeting minutes and an annual budget statement . It creates a cause of
action for willful failure to provide statutorilly required legal
notice of publication and provides for recovery of costs and attorney
fees. Publication line rates are increased 10% each year for 1984 and
1985 and 5% for 1986. Thereafter, they become negotiable.
THE AMM APPLAUDS ANY EFFORT TO REDUCE UNNECESSARY MULTIPLE PUBLICATIONS
BUT OPPOSES MANDATORY PUBLICATION OF COUNCIL MINUTES SUMMARIES OR ANNUAL
8
BUDGETS BEYOND THAT PROVIDED BY LOCAL CHARTER OR ORDINANCE. THESE
DOCUMENTS ARE CURRENTLY AVAILABLE TO THE PUBLIC AND INCREASED TAX
DOLLAR EXPENDITURES FOR ADDED PUBLICATION IS UNNECESSARY. CURRENT
LAW PROVIDES ADEQUATE REMEDY FOR FAILURE TO PROVIDE LEGAL NOTICES
OR PUBLICATIONS, THEREFORE THIS PROVISION IS NOT NECESSARY AND
OPPOSED BY AMM. FINALLY, THE RATE INCREASES AS PROPOSED ARE
EXCESSIVE CONSIDERING THE CURRENT ECONOMY AND SHOULD BE REDUCED.
9
IV.
METROPOLITAN AREA ISSUES AND CONCERNS
PAGES 10 THROUGH 20
IV
METROPOLITAN AREA ISSUES & CONCERNS
PHILISOPHY WITH RESPECT TO METROPOLITAN GOVERNMENTAL AGENCIES
The source of all governmental power resides with the people .
The purpose of government is to identify and meet the needs of
the governed. Needs of the people should be met with a minimum
of involvement on the part of governing units. The degree of
involvement should be that necessary to solve the problem. Because
they are closer to the people, local governing bodies are generally
most suited to deal with the day-to-day problems of their constituents ,
to introduce practical knowledge to the formation of policies and
plans affecting their constituents, and to see the impact of those
policies.
Some issues are beyond the scope of a single governing body. Therefore,
when such issues arise , it is in the interests of all concerned for
governing units to cooperate in reaching a solution.
There are a few problems which are of such magnitude that they
encompass the concerns of an entire metropolitan area. Such problems
and issues must necessarily be dealt with by a metropolitan unit . How-
ever, that unit should act in cooperation with local governing bodies
by attempting to identify the best solution before determining courses
of action. Metropolitan Agencies and local governmental units should
be viewed as partners with each respecting the role of the other in
solving these problems.
Government must not be insulated from the governed. It must be kept
in mind by all officials, elected and non-elected, that they are servants
of the will of the people.
IV-A PURPOSE OF METROPOLITAN GOVERNMENTAL AGENCIES
Due to the political fragmentation of this metropolitan area and the
diverse fiscal conditions, geographic locations , and size of the
local units of government , there is a need for a regional service
delivery system to provide certain services or portions of certain
services to most effectively and efficiently satisfy the needs of the
residents living in this area. Examples of this type of regional service
needs would be the prevention of pollution, provision of certain trans-
portation functions , etc. There is also a need for some planning on a
metropolitan wide basis which must be done in cooperation with local
government . The federal government and the state government , to a lesser
extent , require that most grant applications be reviewed by a regional
agency to determine consistency of these applications with regional
plans and programs. Since this activity is beyond the control of
local units of government, the Council appears to be the most logical
agency to perform this function.
THE PRIMARY AND PREDOMINATE PURPOSES OF THE METROPOLITAN COUNCIL AND
METROPOLITAN COMMISSIONS SHOULD BE TO COORDINATE THE PLANNING AND
DEVELOPMENT OF THE METROPOLITAN AREA: TO PROVIDE WITHOUT NEEDLESS
DUPLICATION THOSE AREA WIDE SERVICES WHICH ARE BEYOND THE CAPABILITY
10
OF LOCAL GOVERNMENTAL UNITS TO PROVIDE INDIVIDUALLY AND JOINTLY: TO
PROVIDE AREA WIDE PLANNING WHERE NECESSARY WITH COOPERATION OF LOCAL
GOVERNMENTAL UNITS: AND TO FULFILL THE REGIONAL REVIEW RESPONSIBILITIES
FOR GRANTS AND LOANS AS DIRECTED BY THE STATE AND FEDERAL GOVERNMENT.
IV-B CRITERIA FOR EXTENSION OF METROPOLITAN ORGANIZATION POWERS
There is a natural tendency of any organization to seek more authority
in both breadth and depth; therefore, increased authority to the
Council and its Commissions should contain carefully considered specific
direction.
ACTIVITIES WHICH ARE NOT MANDATED BY FEDERAL OR STATE GOVERNMENT BUT
MAY BE UNDERTAKEN THROUGH USE OF GRANT MONEY SHOULD NOT BE PURSUED
MERELY BECAUSE MONEY IS AVAILABLE UNLESS THERE IS A NEED THAT MUST
BE SATISFIED FOR THE PEOPLE OF THE METROPOLITAN AREA AND THEN SHOULD
BE PURSUED ONLY AFTER A THOROUGH EVALUATION TO DETERMINE WHAT
ADDITIONAL LOCAL OR STATE EXPENDITURES ARE NECESSARY TO COMPLETE THE
ACTIVITY, REACH TO THE FINDINGS OR IMPLEMENT A PROGRAM.
THE LEGISLATURE, IN GRANTING THE METROPOLITAN COUNCIL ADDITIONAL
AUTHORITY TO UNDERTAKE AND ACTIVITY, SHOULD SPECIFICALLY STATE THE
AUTHROITY BEING GRANTED AND NOT INCLUDE GENERAL LEGISLATIVE LANGUAGE
SUCH AS. . . "INCLUDING BUT NOT LIMITED TO SUCH MATTERS AS. . . "
ANY EXPANSION OR EXTENSION OF AUTHORITY SHOULD BE CONSIDERED ONLY
WHEN AT LEAST ONE OF THE FOLLOWING CONDITIONS EXISTS :
-THE SERVICE, FUNCTION, OR ACTIVITY HAS BEEN SHOWN TO BE NEEDED AND
IT CAN BE DEMONSTRATED THAT IT CANNOT BE EFFECTIVELY OR EFFICIENTLY
PROVIDED OR ADMINISTERED THROUGH EXISTING GENERAL PURPOSE UNITS OF
GOVERNMENT.
-INTERVENTION ON A REGIONAL BASIS IS NEEDED FOR PROTECTION OF THE
REGIONAL INVESTMENT IN THE METROPOLITAN PHYSICAL SERVICE SYSTEMS.
-THE SERVICE FUNCTION OR ACTIVITY IS MANDATED BY THE FEDERAL GOVERNMENT.
IV-C STRUCTURES, PLANNING, IMPLEMENTATION AND FUNDING OF METROPOLITAN
SERVICES AND PROGRAMS
The Metropolitan Council was established by the Legislature in 1967 to
coordinate "the planning and development" of the Metropolitan Area. The
Council , as initially established, was mostly advisory but was given
some direct authority and responsibility for regional policy development
and coordination in the areas of wastewater treatment and disposal,
transportation and airports. The Council was given limited approval
authority for development proposals which were of metropolitan (regional )
significance. The Council , in its infancy, was given no direct
operational authority and instead the Legislature created two new
Metropolitan Commissions (MWCC and MTC) and restructured the MAC to
actually operate and provide those services. In subsequent sessions
of the Legislature, the Metropolitan Council ' s authority and responsib-
ility was expanded to include regional parks and open space, solid
waste, regional review authority over certain types of federal grant
applications (formerly A-95) , approval authority over controlled access
11
highways and approval authority over certain elements (airports,
transportation , parks and open space, and sewers) of local
comprehensive plans. In each of these cases, however the Council
was not given operational or implementation authority. There was
one exception to this general division of responsibility in that
the Council was given regional HRA operational authority but the
Council can only operate this authority in any given city at the
request of that city.
The funding for the Metropolitan Council and Commissions and their
programs has also evolved over the period of time and is a mixture of
property taxes , user fees and state and federal grants. However,
except for user fees, the Legislature has retained control over the
maximum tax rates and the metro agencies cannot adjust these rates
upward. The Legislature also retains control over grants thru itr
biennial appropriation process. Based on this background and
experience , the AMM believes :
C-1 POLICY PLANNING - POLICY IMPLEMENTATION
THE HISTORIC LEGISLATIVE INTENT CONCERNING SEPARATION OF RESPONSIBILITY
FOR METROPOLITAN (REGIONAL) POLICY PLANNING AND POLICY IMPLEMENTATION
SHOULD BE REAFFIRMED. I .E. THE METROPOLITAN COUNCIL BE A PLANNING AND
COORDINATING BODY AND REGIONAL PROGRAM IMPLEMENTATION AND OPERATIONS
BE CARRIED OUT THROUGH THE EXISTING METROPOLITAN COMMISSIONS AND/OR
GENERAL PURPOSE UNITS OF LOCAL GOVERNMENT.
C-2 METROPOLITAN STRUCTURE AND STRUCTURAL RELATIONSHIP
THE EXISTING STRUCTURE OF METROPOLITAN GOVERNANCE THAT HAS EVOLVED OVER
THE LAST 16 YEARS IS BASICALLY SATISFACTORY. THE STRUCTURE IS NOT
UNIFORM AND FUNCTION HAS DETERMINED FOR14 RATHER THAN FORM DETERMINING
FUNCTION. FOR EXAMPLE, THE RELATIONSHIP BETWEEN THE METROPOLITAN COUNCIL
AND THE MTC AND THE MWCC IS QUITE DIFFERENT THAN THE RELATIONSHIP
BETWEEN THE METROPOLITAN COUNCIL AND MAC AND THE MPOSC A14D THE AMM
BELIEVES NO MAJOR CHANGES ARE NECESSARY. THE AMM WOULD SUPPORT THREE
MINOR BUT SIGNIFICANT CHANGES WHICH SHOULD HELP TO PROVIDE MORE EFFECTIVE
COMMUNICATION AND COORDINATION BETWEEN THE METROPOLITAN COUNCIL AND
THE COMMISSIONS.
-THE CHAIRPERSONS OF THESE COMMISSIONS (MTC-MWCC) SHOULD BE APPOINTED
BY THE METROPOLITAN COUNCIL INSTEAD OF THE GOVERNOR.
-THE METROPOLITAN COUNCIL SHOULD BE REQUIRED TO REVIEW AND PROVIDE
WRITTEN COMMENTS WITH RESPECT TO THE ANNUAL OPERATING BUDGETS OF THE
MTC AND MWCC. SUCH COMMENTS SHOULD BE MADE AVAILABLE TO THE PUBLIC.
-CHANGES IN USER FEE RATES ESTABLISHED BY THE MTC AND MWCC WOULD BE
SUBJECT TO APPROVAL BY THE MET COUNCIL AND ONLY THEN AFTER A PROPEF �Y
NOTICED PUBLIC HEARING.
C-3 FUNDING FOR REGIONALLY PROVIDED SERVICES
THERE IS NO NEED FOR A SINGLE UNIFORM REVENUE SOURCE TO PAY FOR REGIONAL
SERVICES AND THE EXISTING MIXED SOURCES OF REGIONAL REVENUES ARE
SATISFACTORY AND ADEQUATE . I .E. A COMBINATION OF USER FEES, STATE AND
12
FEDERAL APPROPRIATIONS AND PROPERTY TAXES. THE LEGISLATURE SHOULD
RETAIN CONTROL OF THE MAXIMUM TAX RATES AND DIRECT APPROPRIATIONS .
USER FEE RATES SHOULD BE DETERMINED WITHIN THE REGION JUST AS
THEY ARE CURRENTLY AND AS MODIFIED BY C-2 ABOVE . USER FEE RATES
FOR SERVICES PROVIDED SHOULD NOT BE DETERMINED BY THE LEGISLATURE.
IV-F MINNESOTA INTERGOVERNMENTAL REVIEW OF FEDERAL PROGRAMS
Presidental Executive Order No. 12372 as amended by Executive Order
No. 12416 eliminates the Federal A-95 Review Process and authorizes
each state to establish its own process. Minnesota Sessions Laws 1983,
Chapter 289, Section 49 authorized the State Planning Agency to adopt
a state process. Such review and state processes must be recognized
by the Federal Agencies. The State Intergovernmental Review of
Federal Programs Process should be consistent with the following
prinicples and concepts :
F-1 GUIDELINES FOR STATE PROCESS
THE STATE PROCESS (PROCEDURE) SHOULD BE APPLICABLE AND CONSISTENT ON
A STATEWIDE BASIS AND CRITERIA SHOULD BE DEVELOPED TO DETERMI14E WHICH
FEDERAL PROGRAMS, PROPOSALS AND PROJECTS WILL BE SUBJECT TO THE INTER-
GOVERNMENTAL REVIEW PROCESS. PROGRAMS AND PROJECTS SHOULD NOT BE
ADDED OR DELETED FROM THE LIST WITHOUT PROPER NOTICE.
F-2 REGIONAL REVIEW AGENCY
THE REGIONAL AGENCIES REVIEW AUTHORITY, SHOULD BE LIMITED TO JUDGING
THE PROGRAMS, PROPOSALS, PROJECTS C014SISTENCY WITH REGIONAL PLANS, GOALS
AND POLICIES. NO PREFERENCE OR PRIORITY SHOULD BE GIVEN TO PROJECTS,
PROGRAMS OR PROPOSALS WHICH EMCEED THE REGIONAL OR STATE REQUIREME14TS
AS OPPOSED TO THOSE PROJECTS, PROGRAMS OR PROPOSALS WHICH MEET THE
REGIONAL OR STATE REQUIREMENTS. EACH PROGRAM, PROJECT PROPOSAL SHOULD
BE REVIEWED PRIMARILY ON ITS OWN MERITS AND THE REGIONAL REVIEWInG
AGENCY SHOULD DOCUMENT ITS REASONS FOR CONSIDERING FACTORS NOT DIRECTLY
RELATED TO THE SUBJECT MATTER OF THE PROGRAM, PROJECT, PROPOSAL.
F-3 NOTIFICATION REQUIREMENTS
NOTIFICATION REQUIREMENTS OF THE PREVIOUS FEDERAL A-95 REVIEW PROCEDURE
SHOULD BE INCORPORATED INTO THE STATE INTERGOVERNMENTAL REVIEW PROCESS.
IV-I HAZARDOUS WASTE MANAGEMENT
The problem of regulating, controlling and disposing of hazardous
materials in an environmentally sound manner is one of the major issues
of this decade both nationally and locally. Major state legislation
addressing this issue was enacted in 1980, ' 81, ' 82 and' 83. These
legislative acts, as passed, responded to nearly all the concerns and
issues raised by the AMM and we commend the legislature for its concern.
The comulative affect of the legislation was the establishment of an
on-going management and control system for the handling and disposal
of hazardous materials where responsibility is centralized at the state
level but requires the cooperation and support of all levels of
government . The AMM does not perceive the need for additional
legislation or major changes to existing legislation at the present
13
time. However, any future legislative proposal that may be
considered should enhance and not dimish emphasis on the following
principles :
I-1 EFFECTIVE PLANNING
PARTIES OR AGENCIES WHO GENERATE HAZARDOUS WASTES SHOULD BE INVOLVED
IN ALL PHASES OF PLANNING AND IMPLEMENTING THE MANAGEMENT AND
DISPOSAL SYSTEM.
I-2 ABATEMENT-REDUCTION-RESOURCE RECOVERY
GENERATORS SHOULD BE ENCOURAGED TO MODIFY THEIR PRODUCTION PROCESSES
TO RE-USE, RECOVER/RECYCLE AS MUCH HAZARDOUS WASTE AS POSSIBLE AND TO
USE LESS HAZARDOUS RAW MATERIALS IN THEIR MANUFACTURING PROCESS.
ENCOURAGEMENT COULD BE GIVEN THRU INCENTIVES/DISCINCENTIVIES.
I-3 HANDLING, STORAGE, DISPOSAL
ALL PARTIES INVOLVED IN THE "HAZARDOUS WASTE STREAM" (FROM GENERATION
TO DISPOSAL) MUST BE REQUIRED TO HANDLE WASTE IN A MANNER THAT WILL
ASSURE THAT THESE WASTES ARE PROPERLY IDENTIFIED, COLLECTED, TREATED,
TRANSPORTED, ETC. AND ULTIMATELY DISPOSED OF IN A SAFE MANNER.
I-4 PRIVATE OWNERSHIP
THE PRIVATE SECTOR SHOULD BE ENCOURAGED TO OWN, OPERATE AND MANAGE
HAZARDOUS WASTE PROCESSING, TREATMENT, STORAGE AND DISPOSAL FACILITIES
UNDER STRINGENT STATE REGULATION AND LICENSING AND BACKED BY STATE
LIABILITY. UNDERGROUND OR IN-GROUND BURIAL OF HAZARDOUS WASTES SHOULD
ONLY BE USED AS A LAST RESORT AND IF THIS BECOMES NECESSARY, THE PRIME
CRITERIA FOR SITE SELECTION SHOULD BE GEOLOGICAL ACCEPTABILITY AND SAFETY
OR THE PUBLIC.
I-5 COMPENSATION-INCENTIVES FOR HOST COMMUNITIES
SEE AMM POLICY Q-4 FOR LISTING OF INCENTIVES AND COMPENSATION WHICH
SHOULD BE PROVIDED TO HOST COMMUNITIES.
I-6 EXISTING SITE CLEAN-UP AND LIABILITY
THE MPCA SHOULD BE ENCOURAGED TO PROCEED POST HASTE TO CLEAN-UP AND
DECOMTAMINATE THE EXISTING HAZARDOUS WASTE SITES BEFORE THERE IS FURTHER
DAMAGE TO PUBLIC HEALTH AND THE ENVIRONMENT. IF A RESPONSIBLE PARTY
CAN BE IDENTIFIED, THAT PARTY SHOULD BE LIABLE FOR CLEAN-UP COSTS AND
PERSONAL INJURY DAMAGES AS DEFINED IN LAW. IF A RESPONSIBLE PARTY
CANNOT BE IDENTIFIED, THEN THE CLEAN-UP SHOULD BE FINANCED BY THE STATE
SUPERFUND AND THE LEGISLATORS SHOULD ASSURE THAT THERE ARE ADEQUATE
FUNDS TO DO SUCH CLEAN-UP
IV-N SURFACE WATER MANAGEMENT IN THE METROPOLITAN AREA
The Legislature in 1982 adopted a Surface Water Management Act for the
7-county metropolitan area. The Act as passed, addressed most of the
concerns raised by the AMM and we do not see the need for major new
14
legislation at this point in time . If the Legislature considers a
bill for the balance of the state or if changes are contemplated for
the metropolitan area, such legislation should not diminish emphasis
on the following principles :
THE COST TO LOCAL UNITS OF GOVERNMENT FOR PLANNING AND IMPLEMENTING
THIS ACT MUST REMAIN OUTSIDE OF LEVY LIMITS AND ADDITIONAL MANDATES
PLACED ON LOCAL UNITS OF GOVERNMENT SHOULD BE FULLY FUNDED BY STATE
RAISED REVENUES. A METROPOLITAN AREA WIDE AD VALORUM PROPERTY TAX
SHOULD NOT BE ESTABLISHED TO PAY FOR SURFACE WATER MANAGEMENT
(PLANNING, PROJECTS, MAINTENANCE) EXCEPT FOR REGIONAL PLANNING OR
PROJECTS THAT ARE JUDGED TO BE OF METROPOLITAN SIGNIFICANCE PER
M. S. 473. 173. THE AUTHORITIES AND RESPONSIBILITIES ASSIG14ED TO THE
VARIOUS UNITS AND LEVELS OF GOVERNMENT BY THE 1982 SURFACE WATER
MANAGEMENT ACT SEEM TO BE IN GOOD BALANCE AND SHOULD ALLOW FOR
EFFECTIVE EFFICIENT MANAGEMENT OF SURFACE WATER. THESE AUTHORITIES
AND RESPONSIBILITIES SHOULD NOT BE CHANGED UNLESS THE SYSTEM
DELINEATED IN THIS ACT PROVES UNWORKABLE. LOCAL UNITS OF GOVERNMENT
WITHIN THE 7-COUNTY METROPOLITAN AREA SHOULD BE ELIGIBLE TO PARTICIPATE
IN ANY STATE-WIDE SURFACE WATER MANAGEMENT GRANT PROGRAM WHICH MAY BE
ESTABLISHED AS PART. OF A STATEWIDE PROGRAM.
IV-P METROPOLITAN GOVERNANCE ACCOUNTABILITY
The major recommendation of the Legislative Commission on Metropolitan
Governance dealt with the issue of accountability of Metropolitan
Agencies in order to improve their responsiveness to the various groups
and government agencies interested in Metropolitan Government . The
AMM also believes that more accountability is needed.
P-1 LEGISLATIVE ACCOUNTABILITY
The existing system of regional governance and structure should be
more accountable to the Legislature. Under the current system, the
Metropolitan Council is in reality accountable and responsive only to
the Governor who is elected on a state-wide basis. The Council , in turn,
appoints the members of the MTC, MWCC and MPOSC and the Metro HRA
Advisory Committee, and consequently, these agencies are further
removed from the Legislature in terms of accountability. History has
shown that by and large the Council and Commission members are appointed,
reappointed or removed almost solely on the basis of political party
affiliation. While in theory, the Council and Commissions are
accountable to the Legislature , the Legislature in recent years has
shown little inclination to exercise its overview authority unless the
Council or Commissions request funding or funding authority. The AMM
recommends:
A. BUDGET AND REVENUE FORECASTING AND ANALYSIS
THAT THE LEGISLATURE REQUIRE THE COUNCIL AND COMMISSIONS TO PREPARE
LONG RANGE BUDGET PROJECTIONS, IN ADDITION TO THE EXISTING REQUIREMENT
OF ANNUAL OPERATING AND FIVE YEAR CAPITAL IMPROVEMENT BUDGETS. THESE
ADDITIONAL LONG RANGE PROJECTIONS WOULD ESTIMATE REVENUES AND EXPEND-
ITURES FOR 10 YEARS IN CAPITAL BUDGETS AND 4 YEARS IN OPERATIONS. THE
METROPOLITAN COUNCIL WOULD ASSEMBLE AND COORDINATE THE SEPARATE AGENCY
BUDGETS INTO A SINGLE HJDGET DOCUMENT AND PREPARE SUMMARY AND OVERVIEW
15
DOCUMENTS SHOWING AGGREGATE RESULTS : HOLD HEARINGS ON THE DOCUMENT
AS A WHOLE: AND MAKE A REPORT TO THE LEGISLATURE . THIS PROCESS
WOULD NOT RESULT IN A SINGLE UNIFIED BUDGET AND THE COUNCIL WOULD NOT BE
GRANTED ANY APPROVAL AUTHORITY BEYOND WHAT IT NOW POSSESSES.
B. POLICY AND PROGRAM EVALUATION
THAT THE LEGISLATURE STRENGTHEN ITS OVERSIGHT AND MONITORING RESPONSIB-
ILITIES WITH RESPECT TO THE METROPOLITAN AGENCIES AND THEIR POLICIES
AND PROGRAMS BY REQUIRING A MORE SYSTEMATIC AND FORMAL ACCOUNTING OF
AGENCY ACTIVITIES TO THE LEGISLATURE . TO ACCOMPLISH THIS THE LEGIS-
LATURE SHOULD CONSIDER THE FOLLOWING CONCEPTS :
1) THE AGENCIES WOULD BE REQUIRED AT THE BEGINNING OF EACH
LEGISLATIVE BIENNIUM TO IDENTIFY ALL NEW, OR MAJOR REVISIONS XO
EXISTING POLICY PLANS THAT HAVE BEEN ADOPTED, THE REASONS FOR
ADOPTION AND WHAT BENEFITS WILL BE DERIVED FOR THE REGION FROM
SUCH PLANS AND THE ESTIMATED COSTS TO IMPLEMENT SUCH PLANS .
2) AT PERIODIC INTERVALS, THE AGENCIES WOULD HAVE TO REPORT TO
AND JUSTIFY TO THE LEGISLATURE THE CONTINUING NEED FOR ALL
SUCH POLICY PLANS.
3) UPON PETITION OF A CERTAIN PERCENTAGE OF THE GOVERNING BODIES
OF THE LOCAL UNITS OF GOVERNMENT, THE AGENCIES WOULD HAVE TO
JUSTIFY THE CONTINUANCE OF ANY POLICY PLAN TO THE LEGISLATURE
EXCEPT THOSE POLICY PLANS THAT WERE SPECIFICALLY MANDATED BY
THE LEGISLATURE .
4) EACH PROGRAM MUST INCLUDE AN ANNUAL QUANTIFIABLE EVALUATION
PROCESS MEASURING GOAL INDICATORS AND COST PER EACH QUANTIFIABLE
UNIT OF MEASURE.
C. LEGISLATURE FOCUS
THAT THE LEGISLATURE ESTABLISH A POINT OF FOCUS WITHIN THE LEGISLATURE
TO ACCOMPLISH P-1 A AND B. THIS COULD BE ACCOMPLISHED BY CREATING
EITHER A PERMANENT JOINT COMMISSION ON METROPOLITAN AFFAIRS OR
PERMANENT SUBCOMMITTEES OR DIVISIONS OF THE APPROPRIATE COMMITTEES OF
THE HOUSE AND SENATE. ALL LEGISLATION PERTAINING TO THE METROPOLITAN
AGENCIES MUST GO TO THIS COMMISSION OR SUBCOMMITTEES IN ADDITION TO
THE ACTIVITIES OF P-1 A AND B.
P-2 PUBLIC ACCOUNTABILITY
While the Association believes there needs to be more accountability
to the residents of the Metropolitan Area in addition to more legis-
lative accountability, direct election of Metropolitan Council members
might result in the Council in effect, becomming a Metropolitan levol
general purpose operating unit of government . Therefore, the Association
recommends that Metropolitan Councilmembers continue to be appointed by
the Governor but that the appointment process be modified to allow more
public and local official input .
16
THE APPOINTMENT PROCESS FOR METROPOLITAN COUNCILMEMBERS SHOULD BE
MODIFIED TO INCLUDE A SPECIFIED FILING PERIOD, GOVERNOR COULD ONLY APPOINT
PERSONS WHO HAD FILED, A PUBLIC HEARING IN THE DISTRICT WHERE RESIDENTS
COULD MAKE THEIR PREFERENCE KNOWN AND HAVE THE OPPORTUNITY TO QUESTION
CANDIDATES, AND THE DATE CERTAIN WHEN THE APPOINTMENT IS TO BE MADE .
APPOINTEES WOULD BE SELECTED FROM A LIST CONTAINING NOT LESS THAN TWO
OR MORE THAN FIVE NOMINEES PREPARED AND SENT TO THE GOVERNOR WITH
APPROVAL OF A MAJORITY OF THE LEGISLATORS WITHIN A COUNCIL DISTRICT.
THIS NOMINATION PROCESS WOULD NOT APPLY TO THE CHAIRPERSONS. METROPOLITAN
COUNCIL WOULD BE REQUIRED TO FOLLOW THE SAME PROCESS IN APPOINTING
MEMBERS TO THE MTC, MWCC AND MPOSC. ELECTED OFFICIALS OF LOCAL UNITS
OF GOVERNMENT SHOULD BE ELIGIBLE TO SERVE AS METROPOLITAN COUNCILMEMBERS.
IV-Q SOLID WASTE MANAGEMENT IN THE METROPOLITAN AREA
The Waste Management Act of 1980 and amended by the Legislature in 1981,
1982 and 1983 clarified and redefined the roles and responsibilities of
various levels of government with respect to managing the solid waste
stream within the 7-county metropolitan area. The solid waste system
in place in the 7-county area as a result of those legislative actions
is basically a three-tiered system whereby cities control and regulate
collection; counties are responsible for ' siting' new landfills,
developing abatement plans and regulating existing landfills; and
the Metropolitan Council has regional planning and coordinating
responsibilities. The system was intended to foster and encourage
abatement , recycling and resource recovery for as much of the waste
stream as possible and then to assure environmentally sound landfill
disposal for the remaining solid waste. Maximum cooperation and
coordination among and between the various levels and units of
government and the private sector is needed if the system is to work
as intended. While the "new" system has not been entirely implemented
as yet , it appears to be working but there is a growing concern that
not enough attention and emphasis is being given to abatement ,
recycling and resource recovery type activities. If this is true, then
pressure and interest may develop at the Legislature to make significant
change to the structural relationship and responsibilities. For
example, one bill has already been introduced in the Legislature which
would transfer most of the metropolitan counties' responsibilities to
the Metropolitan Waste Control Commission. With respect to solid waste
management in the 7-county area, the AMM believes :
Q-1 EFFECTIVE PLANNING
ALL LEVELS OF GOVERNMENT, INCLUDING CITIES, AND PRIVATE INDUSTRY SHOULD
BE ENCOURAGED AND ALLOWED TO PARTICIPATE IN THE ENTIRE SOLID WASTE
MANAGEMENT PLANNING AND IMPLEMENTATIO14 PROCESS TO ASSURE A COST
EFFICIENT AND ENVIRONMENTALLY SOLID DISPOSAL SYSTEM.
Q-2 REUSE/RECOVERY/ABATEMENT
THOSE UNITS/LEVELS OF GOVERNMENT,WHICH UNDER LAW, HAVE THE MAJOR RESPONSI-
BILITY FOR PLANNING FOR ABATEMENT,RECYCLING,AND RESOURCE RECOVERY SHOULD
MAKE THAT ACTIVITY A VERY HIGH PRIORITY. THE AMM STRONGLY ENCOURAGES
ABATEMENT, RECYCLING AND RESOURCE RECOVERY STRATEGIES AND PROGRAMS AND
17
BELIEVES THAT LANDFILLING SHOULD ONLY BE USED AS A LAST RESORT AND
THEN ONLY FOR THOSE MATERIALS WHICH CAN NOT BE REUSED OR DISPOSED OF
IN PREFERRED MANNER AS LISTED ABOVE. THE AMM HAS NOT ATTEMPTED TO
PRIORITIZE AMONG THE DIFFERENT STRATEGIES SUCH AS ABATEMENT, RECYCLING
AND RESOURCE RECOVERY BUT RECOGNIZES THAT CAREFUL AND COORDINATED
PLANNING IS NECESSARY AT ALL LEVELS TO ACHIEVE THE MOST COST EFFECTIVE
SYSTEM.
Q-3 COMPENSATION FUND
A SEGREGATED STATE OR 7-COUNTY METROPOLITAN AREA SOLID WASTE COMPENSATION
FUND SHOULD BE ESTABLISHED. THE FUND SHOULD BE FINANCED BY A TAX ON ALL
SOLID WASTE DESTINED FOR LANDFILL DISPOSAL. THIS FUND COULD BE USED TO
PAY FOR COSTS ASSOCIATED WITH Q-4, Q-5, Q-6, AND Q-7.
Q-4 COMPENSATION AND INCENTIVES FOR HOST COMMUNITIES
THE "HOST" COMMUNITIES FOR SOLID WASTE DISPOSAL FACILITIES SHOULD BE
COMPENSATED FOR ALL DIRECT AND INDIRECT COSTS ASSOCIATED WITH THE
UNDERSIREABLE IMPACTS SUCH A FACILITY WILL HAVE ON THE COMMUNITY. DIRECT
COSTS INCLUDE SUCH THINGS AS FIRE PROTECTION, WATER AND SEWER SERVICES,
BUFFER ZONE DESIGN AND AMENITIES, LITTER CLEAN-UP, ETC. INDIRECT COSTS
INCLUDE SUCH ITEMS AS ROAD MAINTENANCE, MONITORING COSTS, END USE PLANNING
CITY ADMINISTRATIVE COSTS ASSOCIATED WITH THE FACILITY, ETC. ADDITIONALLY
THE FACILITY, IF PRIVATELY OWNED, SHOULD BE TAXED AT AN INDUSTRIAL
PROPERTY TAX CLASSIFICATION RATE AND IF PUBLICLY OWNED, THE FACILITY
OWNER OR OPERATOR SHOULD BE REQUIRED TO MAKE A PAYMENT IN LIEU OF TAXES
(PILOT) AT THE SAME RATE . THE MECHANISM AND THE AMOUNT OF FUNDS TO BE
PAID TO THE COMMUNITY AS COMPENSATION AND INCENTIVES WILL BE DETERMINED
BY NEGOTIATION BETWEEN THE WASTE FACILITY OPERATOR/OWNER AND THE LOCAL
UNITS. AN ARBITRATION TYPE PROCESS SHOULD BE ESTABLISHED WHERE A
MUTUAL AGREEMENT CANNOT BE ACHIEVED THROUGH THE NEGOTIATION PROCESS.
Q-5 ENVIRONMENTAL, PERSONAL, AND PROPERTY DAMAGES
FUNDING SHOULD BE AVAILABLE TO PROVIDE IMMEDIATE RELIEF TO PERSONS OR
LOCAL UNITS OF GOVERNMENT INJURED OR DAMAGED BY ADVERSE ENVIRONMENTAL
INCIDENTS CAUSED BY SOLID WASTE DISPOSAL FACILITIES . ( I .E. REAL OR
PERSONAL PROPERTY DAMAGE, ALTERNATIVE WATER SUPPLIES, CLEAN-UP COSTS,
PERSONAL INJURIES, LONG TERM LIABILITY, POST CLOSURE COSTS, ETC.
Q-6 COUNTY RESPONSIBILITIES - SOLID WASTE
COUNTIES WITHIN THE METROPOLITAN AREA SHOULD ACCEPT AND IMPLEMENT THEIR
RESPONSIBILITIES WITH RESPECT TO SOLID WASTE MANAGEMENT. PARTICULARILY
IN SITING NEW LANDFILLS AND ORGANIZING EFFECTIVE ABATEMENT PLANS .
TRANSFERRING THEIR RESPONSIBILITIES TO ANOTHER AGENCY SUCH AS THE MWCC
WOULD NOT IMPROVE THE SITUATION AND IN FACT MIGHT CREATE FURTHER DELAYS
IN EFFECTIVE IMPLEMENTATION. THE COUNTIES SOLID WASTE RESPONSIBILI2IES
SHOULD NOT BE TRANSFERRED TO THE MWCC OR ANY OTHER AGENCY AT THIS POINT
IN TIME.
Q-7 CITY RESPONSIBILITIES - SOLID WASTE
CITIES SHOULD ALSO ACCEPT THEIR SHARE OF RESPONSIBILITY FOR IMPLEMENTING
EFFECTIVE ABATEMENT AND RESOURCE RECOVERY PROGRAMS WHICH ARE SUPPORTIVE
18
OF AND IN CONCERT WITH COUNTY PLANS AND PROGRAMS TO REDUCE THE
AMOUNT OF SOLID WASTE WHICH MUST BE LANDFILLED . A PROGRAM OF
INCENTIVES SHOULD BE ESTABLISHED TO INSURE THAT ADDITIONAL COSTS
BURDENS FOR THESE PROGRAMS ARE NOT IMPOSED ON THE ALREADY HARD
PRESSED CITY BUDGETS. THE INCENTIVES SHOULD BE DESIGNED TO ENCOURAGE
AND REWARD LOCAL UNITS OF GOVERNMENT AND RESIDENTS WHICH REDUCE THE
VOLUME OF SOLID WASTE DESTINED FOR LANDFILLING.
Q-8 TIPPING (DROP) CHARGE REGULATION
IF A MONOPLISTIC CONDITION OCCURS IN SOLID WASTE DISPOSAL BECAUSE
OF DISTRICTING, GOVERNMENT CONTROL, CENTRALIZED PRIVATE OWNERSHIP,
ETC. , A MECHANISM OR PROCESS SHOULD BE DEVELOPED TO REGULATE THE
TIPPING CHARGES (DROP) AND COLLECTION RATES.
IV-R AGGREGATE RESOURCES
A bill was introduced in the 1983 Legislative Session (SF 881) which
would require certain local units of government to incorporate as part
of their general land use plans, an aggregate resource policy designed
to encourage the conservation of identified aggregate resources.
Additionally, the Metropolitan Council has been studying and researching
this matter for the past several years and, in fact , has published a
report of its findings and conclusions. The findings and conclusions
section of the Metropolitan Council Report does not contain legislative
recommendations nor does it reveal any real immediate need for
legislative action such as suggested by SF 881) . While the AMM
recognizes that at some point, in time, more planning with respect to
protection of aggregate resources might be necessary, any immediate
additional mandated effort at the local level is not justified based
on available information. Therefore,
THE AMM OPPOSES ANY ADDITIONAL MANDATED PLANNING REQUIREMENTS AT THE
LOCAL LEVEL BUT WOULD BE WILLING TO PARTICIPATE AND COOPERATE WITH THE
PRIVATE SECTOR AND THE STATE AND METROPOLITAN COUNCIL IN DETERMINING
WHAT FUTURE ACTIONS, IF ANY, MAY BE NECESSARY TO ASSURE AN ADEQUATE
SUPPLY OF AGGREGATE RESOURCES TO MEET THE DEVELOPMENT AND ECONOMIC
NEEDS OF THE METROPOLITAN AREA.
IV-S LOCAL - REGIONAL CONFLICT RESOLUTION MECHANISM
One of the issues addressed by the Legislative Commission on
Metropolitan Governance in its final report issued in March of 1983
relates to the need for a mechanism whereby intergovernmental disputes
in the metropolitan area can be resolved.
Three governmental alternatives for dispute resolution were considered
by the Commission : (1) judical review; (2) administrative procedure;
and (3) legislative review. Persuaded that court proceedings are not
the best means of settling most intergovernmental disputes, the
Commission focused most of its attention upon the other two alternatives.
With regard to administrative proceedings, either of the rule-making
or contested case variety, the Commission concluded that they are no
better suited to the needs of governmental adversaries than courtroom
proceedings. Reasoning that Administrative Procedures Act (APA)
proceedings are not generally appropriate to the types of functions
19
performed by metropolitan agencies, the Commission concluded that
the Legislature should apply the APA process only on a case-by-case
basis after careful consideration .
The Commission concluded that the third forum, the Legislature , is the
one that should be relied upon and that the Legislature should consider
means of improving, legitimatizing and regularizing access to the
legislative forum for disputes which cannot properly be resolved at
the metropolitan level . To this end, the Commission indicated its
support of program evaluation as a method of exposing and resolving
the policy issues which give rise to many such disputes.
THE AMM RECOGNIZE THAT THE LEGISLATURE SHOULD NOT INTERVENE IN MOST
METROPOLITAN - LOCAL DISPUTES, IT DOES RECOMMEND THAT IN "CONTESTED
CASES" , I .E. CASES INVOLVING THE INTERPRETATION AND APPLICATION Or
METROPOLITAN POLICIES IN SPECIFIC SITUATIONS, THE LEGISLATURE SHOULD
ESTABLISH A PROCEDURE FOR ADMINISTRATIVE REVIEW OR RECONSIDERATION OF
FINAL DISPUTES BETWEEN A METROPOLITAN AGENCY AND A LOCAL JURISDICTION.
20
V.
TRANSPORTATION
PAGES 21 THROUGH 24
1 �
V
TRANSPORTATION
V-C REIDESHARE PROGRAM
Until June of 1983, MNDOT was the coordinating agency for the Rideshare
program with a budget of less than $100, 000 annually. The AMM success-
fully lobbyed for continuation of this program because it is one of the
lowest cost options for improving highway usage . The 1983 legislature
did continue the program and changed the control agency from MNDOT to
the MTC.
THE AMM URGES THE LEGISLATURE TO CONTINUE SUPPORT AND FUNDING OF THE
RIDESHARE PROGRAM IN THE METROPOLITAN AREA.
V-F ' 3C' TRANSPORTATION PLANNING PROCESS - ROLE OF ELECTED OFFICIALS
The transportation planning process in the twin city metropolitan area
has been developed in response to a variety of federal and state laws
and regulations . The Metropolitan Council (MC) was formally designated
by the Legislature in 1974 (1974 MRA) as the agency responsible for the
administration and coordination of said planning process. Included
within this designation is the responsibility for long range
comprehensive transportation planning required by Section 134 of the
Federal Highway Act of 1962, Section 4 or Urban Mass Transportation Act
of 1964 and Section 112 of Federal Aid Highway Act of 1973, and such
other federal transportation laws as may be enacted subsequently. The
planning required under the federal laws is commonly referred to as the
13C' process (continuous, comprehensive, and cooperative) , and the MC
is the metropolitan planning organization (MPO) under federal terminology.
Federal law and regulations require that the MPO function as "the forum
for cooperative decision making by principal elected officials of general
purpose local government" and receipt of federal financial aid for the
planning, construction and operation of transportation improvements in
urbanized areas. is contingent upon the existence of a planning process
which is satisfactory to federal authorities. When the Legislature
designated the MC as the transportation planning agency for the
metropolitan area, it also mandated the establishment of an "advisory
body" to assist the MC and Metropolitan Transit Commission (MTC) in
carrying out their responsbilities. While specific duties were not
assigned, the Legislature did specify that the advisory body would
consist of citizen representatives, commissions, municipal, county,
and appropriate state agency representatives. This advisory body is
now called the Transportation Advisory Board (TAB) and contains 17
local elected officials among its membership of about 30 officials.
21
The MC has consistently viewed the role of TAB as an advisory body
based on the 1974 MRA. Hence, local elected officials in this area do
not play as vital a role in the federally mandated 13C' transportation
planning process as is intended by federal law and regulation. Conseq-
uently, the continuation of federal financial funding for transportation
purposes and projects in this area could be jeopardized if the local
13C' process is ever found to be in conflict with the federal require-
ments.
THE LEGISLATURE SHOULD EXAMINE THE PROCESS AND STRUCTURE FOR IMPLEMENTING
THE FEDERALLY MANDATED 13C' TRANSPORTATION PLANNING PROCESS IN THE
TWIN CITY METROPOLITAN AREA. IN PARTICULAR, THE ROLES OF TAB AND THE
ELECTED OFFICIALS ON TAB, AS DEFINED AND ASSIGNED BY THE MC, SHOULD BE
ANALYZED WITH RESPECT TO THE FEDERAL REQUIREMENTS FOR LOCAL ELECTED
OFFICIALS PARTICIPATION IN THE 13C' PROCESS . MINNESOTA STATUTES,
CHAPTER 473A, SHOULD BE AMENDED TO DESIGNATE THE 17 ELECTED OFFICIALS
ON TAB AS THE FINAL APPROVAL AUTHORITY FOR 13C' PROCESS FEDERAL FUNDS
WITH THE AMM AND COUNTIES AS THE APPOINTING AGENCIES RATHER THAN
RECOMMENDING AGENCIES FOR THESE ELECTED OFFICIALS.
V-H TAXI CAB REGULATIONS
The Taxi Cab industry is currently licensed and regulated on a city by
city basis with each city providing its own set of fees and regulations.
Recently the Citizens League released a study entitled "TAXIS:
Solutions in the City; A New Future in the Suburbs. " This study
recommends much deregulation and transfers license authority to the
Minnesota Department of Public Safety. One of the major thrusts behind
the Citizens League proposal is to free up the taxi industry into a
more competitive private business and attempt through this procedure to
create a climate whereby cabs and cities could provide increased
opportunity for rideshare programs and other vitally needed
transportation opportunities, especially in the suburbs. In addition,
a bill has been introduced in the legislature transferring regulatory
and licensing authority from cities to the MTC. However, neither the
Citizens League document nor the bill addresses the complex problems
associated with providing reasonable services to outlying areas or
less desireable districts of some communities . Even if a degree of
deregulation is advisable, some regulation will always be needed making
it necessary to determine who and how to enforce such regulations.
THE AMM SUPPORTS LEGISLATION WHICH WOULD ASSURE UNIFORM REGULATION OF
TAXICAB CARRIERS OPERATING IN THE TWIN CITY METROPOLITAN AREA,
ESPECIALLY:
H-1 CONTROLLING AGENCY
VEHICLE LICENSING, RULE MAKING, AND REGULATIONS SHOULD BE VESTED
WITH A SINGLE ENTITY, EITHER THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY,
DEPARTMENT OF TRANSPORTATION, OR TRANSPORTATION REGULATION BOARD.
22
ii
H-2 UNIFORM RULES
UNIFORM WORKABLE RULES AND REGULATIONS OF OPERATIONS SHOULD BE
ESTABLISHED INCLUDING:
A. LICENSING AND BACKGROUND INVESTIGATION OF ALL DRIVERS,
B. REGULAR INSPECTION OF VEHICLES AND METERS,
C. PROVISION FOR NECESSARY INSURANCE COVERAGE.
D. MANNER FOR ADDRESSING OF COMPLAINTS.
E. INSURES RECORD-KEEPING BY CAB OPERATORS AND ACCESS TO THOSE
RECORDS BY THE REGULATORY AUTHORITY,
F. A MECHANISM FOR COLLECTION OF LICENSE FEES AND FINANCING FOR
THESE REGULATORY FUNCTIONS,
H-3 UNIFORM RATES
UNIFORM, REASONABLE, AND NON-DISCRIMINATORY RATES AND FARES SHOULD
BE ESTABLISHED WITH CHANGES MADE ONLY AFTER APPROPRIATE NOTICE AND
PUBLIC HEARING.
H-4 STUDY ACTIVITY RESTRICTIONS
RESTRICTIONS CONCERNING SUCH ISSUES AS NUMBER OF CABS AND GROUP LOADING
SHOULD BE STUDIED AND POSSIBLY ELIMINATED.
H-5 MUNICIPAL AUTHORITY
MUNICIPALITIES MAY BE AUTHORIZED, BY PETITION TO THE TRANSPORTATION
REGULATION BOARD, TO INVESTIGATE AND REMOVE DRIVERS LICENSE PERMITS
FOR CAUSE WITH FINAL APPEAL TO RESIDE WITH THE REGULATORY BOARD.
H-6 SERVICE PROTECTION
REGULATIONS SHOULD BE ESTABLISHED AND ENFORCED TO ASSURE THAT REASONABLE
SERVICE IS PROVIDED PERSONS IN ALL AREAS OF THE METROPOLITAN CENTERS
AND OUTLYING SUBURBAN AREAS.
V-I CITY SPEED LIMITS
Bills have been introduced in past legislative sessions which would
grant cities the authority to set speed limits on city roads and streets.
The LMC has policy which supports that authority for cities outside of
the seven county metropolitan area. Whereas this policy of local
authority for free standing rural or out state cities may be feasible,
it could be extremely dangerous and confusing in the metropolitan area.
The seven county metropolitan area is made up of 140 contiguous cities
and a number of townships. Because of the compactness of cities in this
area, it is often impossible to determine when one has crossed a boundry
from one city to the next . If one city changed its limits, its
neighbor would either have to also change or post many additional signs
23
on each street crossing a boundry. This system would be costly,
extremely confusing to individuals , and might cause some legal problems
in case of accidents. Therefore,
THE AMM SUPPORTS SPEED LIMIT CONTROL OF CITY ROADS AND STREETS AS
CURRENTLY PROVIDED BY LAW FOR THE METROPOLITAN AREA AND WOULD OPPOSE
CHANGES TO GRANT GENERAL SPEED LIMIT CONTROL TO INDIVIDUAL CITIES
WITHIN THE SEVEN COUNTY METROPOLITAN AREA.
V-J SCHOOL ZONE SPEED LIMITS
Current law is very restrictive as to when and what jurisdiction may
initiate speed reductions for school zones. For instance if lot sizes
exceed 100 feet in width surrounding a school , the city is prohibitied
from reducing the speed during school hours. Some schools are on
county roads within cities but in this instance, neither governmental
unit has authority to reduce the speed. Therefore,
THE AMM URGES THE LEGISLATURE TO INCREASE LOT WIDTH SIZES IN URBAN
DISTRICTS TO ALLOW CITIES TO REDUCE SPEED LIMITS IN SCHOOL ZONES AND
TO PROVIDE STATUTORY AUTHORITY FOR EITHER THE COUNTY OR CITY TO
ADJUST SPEED LIMITS FOR SCHOOL ZONES ON COUNTY ROADS WITHIN CITY
BOUNDARIES.
24
CITY LIMITS 1>
This is the first quarterly edition of our Shakopee City Newsletter.
Suggestions - Comments - Opinions - Critics ???
SECRETARY RE-ORGANIZATION
By now everyone has noticed new faces and a new look as you enter City Hall. Due to a
re-organization upon hiring our new Planner, Judi Simac at the end of November, all
three secretaries - Jane, Cora & Jeanette were stationed in the front.
(Previously, Jane, Engineering Secretary, had been situated at the top of the stairs
in the Engineering Dept.) Since December there have been many changes.
JEANETTE SHANER is presently on maternity leave. Amy Marie, 7 lb. 7 oz. ,
arrived December 8, 1983 . Mother and baby are doing great. As of Monday,
little Amy now weighs 12 lb . 5 oz. Helping Jeanette at home with her new
sister is Jenny, age 5. Jeanette plans to return to work on a part-time
V basis April 9th.
�® JANE VAN MALDEGHEM, who was in the City's employ for over 5 years took a new
position with Quali-Tech in Chaska. She started her new secretarial job
January 16th. Everyone wishes her well in her new position. As part of
t.J the re-organization, Jane became Planning Secretary for Judi Simac and
Jeanne Andre.
CORA UNDERWOOD has been vacation since the 1st of February, basking in the
sun in Hawaii! Cora has assumed the duties of Engineering Secretary as
well as the Building Dept. duties she has had in the past .
Consequently, the new faces. A big THANK YOU goes to Betty Nikolai and Karlene
Gade, who are filling in temporarily. They are employees of Holly' Office
Services, Chaska, a firm that furnishes temporary &for full-time clerical
employees . Also, secretarial services such as typing and phone-answering are done
directly in their office.
BETTY is doing a great job filling Jeanette 's position. Betty has been
with Holly's Services for about 6 months. Previously she was employeed for
25 years as Engineering Secretary for White Lift Trucks in Hopkins. The
Engineering Dept. has been permanently closed at White. Betty & her
husband live in Chaska and have three children, two of whom are married.
KARLENE has helped with Jane 's duties until her replacement could start and
is presently doing a super job for Cora . The City of Shakopee was
Karlene's first assignment as a temporary with Holly's. Friday is her last
day here, but she immediately goes on to start a permanent full-time
position with C.H. Robbinson in Eden Prairie, also obtained through Holly's
Services. Karlene, her husband and three children also live in Chaska.
WELCOME TO TONI WARHOL
TONI is replacing Jane as Planning Secretary. Toni, mother of two sons, lives in
Prior Lake. Her husband, David, works for Brede, Inc. in Mpls. Toni comes to
Shakopee with 12 years of previous city government clerical experience, having
worked for the cities of Hopkins, Prior Lake, Bloomington and Minneapolis.
BIRTH ANNOUNCEMENT
Craig William Ruuska, 7 lb. 13 oz. , born February 14, 1984. Proud papa is Ray
O O Ruuska, Sr. Technician in the Engineering Dept. Ray and his wife also have a
-u daughter, Holly age 5.
HEALTH INSURANCE CONVERSION
The City has engaged a consultant who is currently drafting the plan for the
individual health care accounts. The City Attorney will then have to prepare the
actual legal documents for Council approval. Our coverage is under a larger group
policy that has policy dates of the 15th of the month. This means that we are
planning on converting on the 15th of March rather than April 1st as was previously
planned. We have a new rate quotation for the health plan conversion (which is the
$200 deductible plan) from Bankers Life with the family coverage averaging out to
$182.00/month after the conversion. This premium is $7.00 higher than originally
estimated last fall, but the rates are locked in until March of 1985. Police have
not settled yet therefore the $45 contribution will not be effective, but they will
be affected by the health plan conversion.
MEED PROGRAM
Since June, 1983 Terry Dean has been an Engineering Technician for the City, first
through CETA and for the past five months the MEED Program. MEED is the Minnesota
Emergency Employment Development Act. The State of Minnesota has funded $70
million for the two-year program. The program is available to unemployed
individuals who do not qualify for unemployment, have been a resident of Minnesota
for a month and are available for work. It 's purpose is to create and encourage
temporary jobs in the public sector and permanent jobs in the private sector. As an
OUO incentive to the private sector employer, the State will pay up to $4.00/hour, with
the employer paying the difference between that and the going rate for six months.
--Q After six months the employer pays the full salary with no subsidy. If the employer
employs the individual for only the six months, he would have to pay back 70% of the
subsidy. If he keeps the individual an additional year there is no payback. The
public sector jobs are paid $4.00/hour by the State and are six--month temporary
positions. There is no cost to the City. Locally the Scott County MEED Office
administers the area program.
Terry has recently received a diploma from Hennepin Technical Center in Mechanical
Drafting. Prior to that, Terry was a meat-cutter for 12 years. He is a single
parent, with two sons, living in Prior Lake. GOOD LUCK in your new career field,
Terry!
NEW RULING FOR EARLY FILERS
IRS has just ruled that IRA deposits for 1983 do not have to be made before 1983 taxes
are filed, so long as the IRA contribution is made before the filing deadline (April
16) . You will not have to delay your filing until you have actually made the IRA
contribution. If you claim the deduction, you must make the IRA contribution or
face penalty and interest charges.
r�
TRAVEL HI-LITES
In addition to Cora's vacation in Hawaii several other employees have/had
interesting travel plans. Harry Pass also went to Hawaii, Officer Ron Scherer
returned from a cruise, Sgt. KenHanel just returned from Yuma, Arizona, where he and
his wife spent six weeks on vacation, LeRoy Houser leaves today (Friday) on a cruise,
and Steve Hurley spent a week in California.
TIME SHARE PROGRAM
Fulton Schleisman, Engineering Technician participated in a rather unique Time-
Sharing Program in which he worked for slightly more than 3 months for Surburban
Engineering, Burnsville on several projects. This was somewhat a reversal of
normal procedures hereby the City would hire Surburban as Consulting Engineers.
Due to a large workload at Surburban, an arrangement was worked out with Fulton
splitting his time between the City & Surburban as needed.
He worked on several assignments as a project representative. One, a subdivision
in Eagan, in which surprisingly all 156 lot sites were sold by the developer to
individual contractors even before the street were blacktopped. The other was a
site in Lakeville where soil conditions (high water table) were very difficult and
5, site grading a problem. Fulton commented that it must be difficult to justify the
}' S high costs due to site correction which result in higher priced lots, compared to
�-( ( Shakopee which doesn't have these problems.
1 He also felt this work program was beneficial in the respect he could observe how
other municipalities handle various construction projects.
COMPUTER TASK FORCE
City Hall will soon have a new computer system. A Computer Task Force has been
studying alternatives since the summer of 1983 and has settled on a networked system
of microcomputers .
Task force members include John Anderson, Gloria Vierling, John Leroux, Tom
OOOe p Brownell, Gregg Voxland and Steve Hurley.
Current plans for the system include three microcomputers, one at the Police station
and two at City hall in the Engineering Department and Administration.
Watch this space for further information.
Steve has done an excellent job on this. Any employee interested in heading a
special project should consider them and let your Department Head know.
COMMUNITY SERVICES CALENDAR
The following are some of the courses being offered. More info can be obtained by
calling Community Services - 445-2742.
Landscaping for the Four Seasons - Feb. 28th
Silk Flowers - Feb. 27, March 5 &12
Acupuncture - March 6th
A Garden of Herbs - March 14th
Communicating to be Understood - March 15th
Kitchen Planning: New & Remodeling - March 22 & 29
Herb Garden Design - March 28th
George Muenchow's Birthday - March 24 - 39???
Family Fun Nights - March 9, 16, 23 & 30
At the Jr. High School Gymnasium, Lunchroom & Pool
7:30 - 9:30 P.M. $1.00 registration fee per person for each evening
PLANNING DEPT. UPDATES
The City Council recently adopted a Downtown Concept Plan which includes a mini-
bypass to Trunck Highway 101 from Spencer to Fuller Street. The Downtown Committe
will now work on a program and schedule to implement the plan.
The Minnesota Division of Natural Resources plans to extend it 's trail along the
Minnesota River into Shakopee, with construction likely to occur in 1985. In
conjunction with the trail, the City has received grants to build a public restroom
facility (in 1984) and trail enhancement including an observtion platform,
landscaping and flower beds (in 1984 or 85). The Shakopee Senior Citizens ' Club has
agreed to maintain the flower beds if the City provides the plants.
The proposal for the Shakopee Race Track is to be submitted to the State Racing
Commission by March 1, 1984, with the selection of a site to be made in April . The
City Council is now negotiating with the developer on possible City support for the
project through the use of tax-increment. A public hearing on a possible tax-
increment district is scheduled for February 28, 1985. An Environmental Impact
Statement on the site is also in progress.
Welcome to JUDI SIMAC, our new City Planner since Nov. 28th. Originally from
Pittsburgh, Judi was previously a Planner for Penn Hills, PA. , a municipality
comparable to the size of Bloomington. Before their move to Eden Prairie, Judi and
A,"EA her husband lived in Annapolis, Maryland. Her husband's position as Geo-Technical
Engineer is to establish a regional office for Tensar, a subsidiary of Gulf Canada,
in Minneapolis.
POLICE DEPT. SCHOOL NEWS
The following police officers attended a 40-hour First Responder course at St.
Francis Regional Center from January 9, 1984 to February 9, 1984:
Sgt. Dennis Anderson Officer Jerry Poole
Sgt. Richard Kaley Officer Garry Nosbusch
Det. Donald Bisek Officer Ronald Calson
The course provided classroom and practical applications on responding to medical
emergencies, from applying bandages to CPR. Upon completion of the course the men
are Certified First Responders. The class was termed as very worthwhile, with more
classes to be scheduled.
CODS
Police Dept. secretaries Sherri Conrady and Teri Van Cleve attended a 3-day CJRS
Seminar (Criminal Justice Information Systems) held at the Eden Prairie Station on
January 24, 25 and 26th. The seminar dealt with the classification of statistics
and fingerprinting for proper computer entry.
Officers Carlson, Doyle, Lawrence, Scherer and Sgt . Kaley attended a 4-hour course
on "Report Writing" offered by the Dakota County Police Training Division and held
at the Scott County Courthouse January 24, 1984.
The following officers attended a 2-hour class on "The Coroner's Role in E.M.S."
January 26, 1984 at St. Francis Regional Medical Center, presented by Dr. John
Plunket:
Sgt . Dennis Anderson Deputy Chief John DuBois
Det. Don Bisek Officers John Flynn & Ron Scherer
The seminar was helpful in coordinating the coroner 's role and that of the officer's
at the scene of an accident or crime. The coroner explained what he looks for and
does at the scene, what's expected of the police and their help in preserving
evidence. Much of determining the cause of death is based on information gathered
at the scene.
THOUGHT PROVOKER
This appeared in the Ann Landers Column, Minneapolis Tribune, Sunday, Jan. 1, 1984.
DEAR ANN: Awhile back you wrote some wise words about the Protestant work
ethic. A recent survey that appeared in a newspaper supports my hunch that
if the Protestant work ethic is not dead, it is in very poor health. Here
are the facts:
The survey by Accountemps, an agency that provides temporary help in
bookkeeping, accounting and data processing asked 120 personnel directors
and managers across the country, "What percent of a typical employee's work
day do you estimated is not spent working?"
The responses ranged from less than 10 percent to 55 percent. The overall
average was 32 percent. Assuming the results are accurate, the average
worker is fooling around almost four months out of each year. . If this is
true, those idle hours represent a productivity gap that could be a threat
to the nation's economy.
Is our country going downhill because people don't want to work anymore?
Signed Concerned
ANN SAYS: I do not believe this country is going downhill, nor do I believe
people don't want to work anymore. Goof-offs can be found in every segment
of society, but four months of idleness out 12 sounds like a vastly inflated
figure.
No office can operate at an efficiency level of 100 percent, although if you
will forgive a personal reference, mine comes close. I am a demanding boss
but a caring one. And therein lies the secret.
What are those off ice managers doing to increase productivity of employees?
Are workers treated with dignity and made to feel they are an important part
of the operation? Or do they feel like nameless, faceless robuts putting
in time?
Employees who feel loved will give the boss and the company the best that is
in them. I suggest that those "managers" who believe their employees are
fooling around 32 percent of the time ask themselves what they are doing to
make those employees want to give their best.
LAUGH! !
What 's the advantage of being a test tube baby?
You get a womb with a view.
According to Ray
He used to be twins
His mother has a picture
of him when he was two!
"When he looked up his family tree,
He got a shock, poor chap"
"Well, what the dickens did he see/"
He saw he was the sap!"
Some Politicians are like the horns of a steer
A little point here, a little point there
and a lot of bull in between.
Always remember
When at a loss
That a rolling stone
Gathers no boss.
I never agree with my boss. . .except during working hours.
Some employees still think public relations means having intercourse out in
Othe street.
It 's been said Shakopee is a very conservative little town. About the only
agitators they have are inside washing machines !
What did the bra say to the hat?
You go on ahead
I'll stay and give these two a lift !
Why does Dolly Parton have such small feet?
Nothing grows real well in the shade!
Editor - Marilyn Remer, Finance Dept.
Art Work - Steve Hurley
Thanks to Pat, Teri, & Don, Police Dept. ; Gregg, Finance; Kathy & Deloris, Community
Services; Terry, Fulton & Steve, Engineering; and Jeanne Andre, Planning, for their
help with contributions.
TENTATIVE AGENDA
ADJ .REG.SESSION SHAKOPEE, MINNESOTA FEBRUARY 21 , 1984
Mayor Reinke presiding
11 Roll Call at 7 :00 P.M.
2] Recess for H.R.A. Meeting
31 Reconvene
41 Liaison Reports from Councilmembers
51 RECOGNI'T'ION BY CITY COUNCIL OF INTERES'T'ED CI`T'IZENS
61 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 the Minutes of February 7 , 1984
81 Communications :
qa]� Josephine Nunn, Met Council , re : regional citizen of the year conte
b
9] Public Hearings: None
10] Boards & Commissions :
Planning Commission:
1983 Annual Reports
b Minnesota Valley Comp . Plan
c]' Rezoning 10 acres lying ' So. of 4th Ave . , E . of CR17 , W. of
CR83 and N. of CR16 in Sec . 5-115-22
d] ' Preliminary And Final Approval of Prham-Coll First Add 'n. , a
20 acre parcel lying So. of 4th Ave. , E. of CR17 , W. of CR83
and N. of CR16 in Sec . 5-115-22
Industrial Commercial Commission
e] Commercial/Industrial Real Estate Inventory
111 Reports from Staff:
Review of current 24 hour parking regulations
Contract for Construction of Huber Park Trail Restroom Facilities
c Pavement Preservation and Rehabilitation Policy - Bring 2/14 memo
Y] Definitions
,21 Industrial Property
La
31 Additional Width or Structure not Required by Functional Class
Storm Water Drainage Utility - Bring 2/10 memo
o e
1Gene Brown Request for Vacation of Streets
60 f1] Approve Payment to Barton-Aschman for Racetrack EIS in amount of
$9,357. 51
Approve Payment to Twin City Striping in amount of $988.00
League Recommendation on Comparable Worth
1 Appointment to Energy and Transportation Committee
SPUC Compensation
Lebens Property Agreement
Bills in the amount of $451 , 583. 53
121 Resolutions and Ordinances :
5o a] Res. No. 2225, Accepting Work on Valley Industrial Blvd. So. 82-2
9'4-� Res. No. 2223 , In Support of An Application for Construction of
A Bikeway in Shakopee
V'' Ord. No. 143, Permits Raffles on non-owned/leased property
13] Other Business :
a] Rescheduling of March 20th Council Meeting
b] Goals & Objectives Session starts Feb . 28th at 5 :30 PM - Caponet
c]
d]
14] Adjourn t6 ti(,sday, February 28, 1984 at 9 :00 P.M.
John K. Anderson, City Administrator
TENTATIVE AGENDA
Housing Authority in and for the
City of Shakopee , Minnesota
City Hall Council Chambers
Adjourned Regular Session February 21 , 1984
Chairman Colligan presiding
1 . Roll Call at 7 : 00 p.m.
2 . Approval of the Minutes of February 7 , 1984
3 . Tax-Increment Financing Proposal
a . PUBLIC HEARING : Proposed Sale of Certain Land
b. Review Draft Contract for Private Development and
Assessment Agreement with Minnesota Racetrack Limited
Partnership - Jim Casserly (bring documents distributed
2/13/84)
4 . Other business
5 . Adjourn
Jeanne Andre
Executive Director
PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY
REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 7, 1984
Chrm. Colligan called the meeting to order at 7;09 p.m. with Comm. Wampach,
Leroux and Vierling present. Absent was Comm. Lebens. Also present were
Mayor Reinke; Julius A. Coller, II, City Attorney; Jeanne Andre, HRA Director;
Judith S. Cox, City Clerk; and John K. Anderson, City Admr.
Vierling/Wampach moved to approve the minutes of January 3, 1984 as kept. Motion
carried unanimously.
Wampach/Leroux moved 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 KMart Fund
to the HRA General Fund.
Roll Call, Ayes; Unanimous Noes; None Motion carried.
Leroux/Wampach moved to direct payment to O'Conner and Hannon for legal services
provided for consideration of the expansion of the Kmart tax increment project
area and refinancing of the Kmart tax increment bond 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.
The HRA Director asked Mr. Casserly, of O'Connor and Hannon about structuring
the repayment to the HRA. Mr. Casserly responded that he sees no problem, as it
would just be an interfund transfer.
Leroux/Vierling moved to amend the motion to change the word "request" to "direct".
Motion to amend carried unanimously.
Roll Call on main motion as amended; Ayes; Unanimous Noes; None Motion carried.
Mr. Casserly stated Resolution No. 84-1 fulfills a technical requirement to have
a public hearing on the sale of land for the redevelopment plan.
Vierling/Leroux offered Reso7.ution No. 84-1, 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 Accor-
dance with a Redevelopment Plan of the Authority, and moved its adoption.
Roll Call. Ayes; Unanimous Noes; None Motion carried
Leroux/Wampach moved to refer Resolution No. 84-2, A Resolution Modifying the
Redevelopment Plan for Valley Industrial. Park Redevelopment Project No. 1, to the
Planning Commission.
Mr. Casserly emphasized this plan is a draft, and can be modified. He pointed
out he re-named the prjoect Minnesota River Valley Housing and Redevelopment
Project No. 1. He said the theory is the City will have no other project areas,
although this one can be added onto. He said this plan expands the land in the
area and includes the appropriate authority to do it. He said all of the statu-
tory power is included to handle housing, development and redevelopment. He
stressed this is simply a planning document, there is no obligation to do any
of this at this time. It also includes what the City knows now about activities
and estimated costs regarding the racetrack.
Motion carried unanimously.
Shakopee HRA
' February 7, 1984
Page 2
Wampach/Leroux moved to adjourn to 7;00 p.m. February 14, 1984. Motion carried
unanimously. Meeting adjourned at 7;26 p.m.
Jeanne Andre
HRA Director
Diane S. Beuch
Recording Secretary
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 7, 1984
Mayor Reinke called the meeting to order at 7:08 p.m. with Cncl. Colligan,
Vierling, Leroux and Wampach present. Cncl. Lebens was absent. Also present
were Julius A. Coller, II, City Attorney; John K. Anderson, City Admr. ; Jeanne
Andre, Community Development Director and Judith S. Cox, City Clerk.
Leroux/Wampach moved to recess to conduct an HRA meeting. Motion carried
unanimously.
Vierling/Colligan moved to re-convene at 7:26 p.m. Motion carried unanimously.
Rod Krass, Ass't City Attorney, and Jim Casserly, of O'Connor and Hannon, ad-
dressed the memo to Council regarding the Racetrack Tax Increment District ne-
gotiations. Mr. Krass said a lengthly negotiation session was held to discus
procedure and legal problems involved in trying to accomplish the mutual goals
in establishing a tax increment district for the racetrack. He said they also
agreed on a time frame in which to accomplish the goals. He said each racetrack
applicant must make all of its submissions before March 1, 1984, so there is much
to be done in February. Mr. Krass further explained the timing of the increment
district, and the problem of whether or not the City will be able to get the full
8 increments in the 10 year period. Discussion followed. Mr. Krass said that
at this point the applicant wishes the City to proceed to establish the district
prior to March 1, 1984.
Mr. Casserly explained that to meet the suggested deadlines, it will take some
cooperation by the County to waive the first increment. He said this is not an
uncommon procedure.
There was consensus of the Council for the payback of the $3 million at an inter-
est rate of 10/ per annum on a 10 year amortized schedule with interest and pay-
ments starting one year from the opening day of the track.
Liaison reports were presented by Councilmembers.
Cncl. Leroux asked if the City would be interested in making a donation to the
Food Share program to re-stock the food shelves. During the month of February
corporations match the amount of money and food that is donated.
Leroux/Vierling moved that the City donate $50 to the Food Share program, to be
taken from the Mayor and Council Fund.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Mayor Reinke asked if there was anyone present in the audience who wished to
address the Council on any item not on the agenda, and there was no response.
Colligan/Wampach moved to approve the minutes of December 27, 1983 as amended
January 17, 1984, January 10th and January 17th as kept.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Wampach/Colligan moved to approve the minutes of January 23, 1984 as kept. Motion
carried with Cncl. Leroux abstaining because of his absence at that meeting.
The City Engineer said the City has not been able to determine if SPUC has utility
lines in the area petitioned by Eugene and Esther Brown to be vacated by the City,
so he would suggest reserving easement rights.
The City Attorney responded that this isn't a case of reserving or vacating, as
the City has no property there. By 1890 the City lost any interest in the area.
He advised that if the City wants any easements, they should be obtained before
passing this resolution.
Colligan/Vierling moved to table the request of Gene Brown for the v_,.cation of
public streets. Motion carried unanimously.
Leroux/Vierling moved to nominate James A. Weeks to the Energy and Transportation
Committee. Motion carried unanimously.
Leroux/Colligan moved to place on file the letter from Dorsey & Whitney dated
January 16, 1984 n gardi ng bond counsel. Motion carried unanimously.
Shakopee City Council
February 7, 1984
Page 2
Wa.mpachAeroux moved to place on file the letter from the Chairman of the
Shakopee Coalition dated January 27, 1984. Motion carried unanimously.
Colligan/Leroux moved to place on file the petition from employees of Rubber
Industries, Inc. requesting the City to insure public access to Rubber Indus-
tries, dated January 16, 1984.
The City Attorney explained the background of the access problem between Rub-
ber Industries and Warner, and said he has been informed that the attorneys
for the two companies are talking to each other about the problem.
Don Link, representing Rubber Industries, said he heard there has been some
settlement but he didn't know what it was. He is concerned for fire and emer-
gency access. He said Rubber Industries had a fire last summer, and if there
wasn't access across the railroad tracks, the whole complex could have burned
down. He would like to see access from Hwy. 101 and 4th Avenue which would also
serve future development, and he thinks it should be a City street.
Cncl. Leroux suggested there should be a back way to get to Rubber Industries
in case there is a train on the tracks at the time of an emergency. The City
Admr. suggested having the City Engineer look at the question and determine
what would be the best access. Cncl. Vierling said she would like to look at
the zoning in that area also.
Motion carried unanimously.
Mayor Reinke said he questions approving the completion of the cable system, as
he has been informed by someone on the north side of Hwy. 101 who said he does
not have cable service. This person was told the cable company, ZU, does not
have permission to cross the highway. Mayor Reinke said this is part of the
initial service area and it is an overhead installation area, so there should be
no reason why cable is not completed there. He said he would like to see the in-
spection on the system done when the entire system is complete. He added there
are also some problem areas from the installation where the road has bulged.
Vierling/Leroux moved to table approval of the completion of the cable system.
Motion carried unanimously.
Cncl. Wampach asked if it would weaken the City's position if penalty was paid
by ZU directly to the City as they propose, as opposed to being taken from the
Security Fund as provided by ordinance. The City Clerk will look into it.
Wampach/Vierling moved to direct the appropriate City staff to contact ZU in
writing and ask about the status of residents in the initial service area not
receiving cable service and when it is expected to be completed. Motion carried
unanimously.
The City Clerk explained the discrepancy between the cable ordinance and the
Access Corp. by-laws regarding the initial Board of Directors. Cncl. Leroux
said it is his feeling that there will be more active participation by the cable
company if their representative is a voting member. Discussion followed.
Leroux/Wampach moved to amend the Access Corp. By-Laws to coincide with the
Franchise Ordinance, and expanding them to include the cable company's
representative as a voting member permanently.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Colligan/Vierling 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 fran-
chise service area.
Motion carried unanimously.
Colligan/Wampach moved to authorize proper City officials to submit the appli-
cation 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.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Shakopee City Council
February 7, 984
Page 3
Discussion ensued regarding data processing alternatives for the City. Cncl.
Leroux said the Computer Task Force is looking to eventually replace LOGIS.
He said that eventually the micros would become terminals off the computer.
Leroux/Vierling moved to have the computer task force bring back to City Coun-
cil a specific price package which will conceptually implement the limited
network system.
Roll Call; Ayes; Unanimous Noes; None Motion carried.
WampachAeroux moved to approve the application and grant an off-sale 3.2 beer
license to Q Petroleum at 234 West 1st Avenue. Motion carried unanimously.
Colligan/Leroux moved to approve Alternative A for the terms of the Board of
Directors of the Community Access Corp. to be 3 members with 3 year terms; 2
members with 2 year terms and 2 members with 1 year terms.
Leroux/Wampach moved to amend the motion to designate members Gary Morke, Dennis
Roske and Robert Ziegler to have the three year terms; members Jim Abbott and
Bill Harrison to have two year terms and members Barbara Herg os and Corrine
McDonald to have one year terms. Motion to amend carried unanimously.
Main motion as amended carried unanimously.
Discussion followed regarding the personnel policy regarding vacations.
Leroux/Colligan moved to 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 ad-
justed, he shall receive severance pay. Motion carried unanimously.
Colligan/Wampach moved to place in nomination the name of Russell Heltne for ap-
pointment to the Lower Minnesota River Watershed District Board by the Scott
County Board upon the expiration of his term March 22, 1984.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Colli gan/Wampach moved to 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.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Colligan/Wampach moved to authorize proper City officials to execute the mainte-
nance 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.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
ColliganjWampach moved to direct 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 CR16 because of ownership problems,
access problems, lack of washdown facilities, and availability of a site within
3 miles at the Blue Lake Treatment Plant.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Colligan/Wampach moved to authorize proper City officials to execute the agreement
between the Minnesota Pollution Control Agency and the City of Shakopee regard-
ing preparation of the Environmental Impact Statement for the Shakopee race track.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Colligan/Wampach moved to direct proper City officials to record the deed from
Minnesota Dept. of Transportation for two turnback sections on Trunk Highway
169 west of Third Avenue and Harrison Street.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Colligan/Wampach moved 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.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Shakopee City Council
February 7, 1984
• Page 4
Colligan/Leroux moved that the Fall-Winter quarters(Sept. 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 extra-
ordinary usage". When there is no applicable prior period base, the average
usage of 15,000 g per quarter shall be used. Motion carried unanimously.
Considerable discussion ensued regarding property tax vs. user fee for refuse
removal. The City Admr. pointed out the problems of the differences in use for
residential and commercial/industrial zones. Cncl. Leroux suggested only taxing
residential users in the urban area. The City Admr. will research that idea
further.
Colligan/Leroux moved that balls in the amount of $30,176.24 be allowed and ordered
paid.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
The Citv Attorney suggested a solution to force navment of overdue bills due the
City from those businesses that have liquor licenses. He also pointed out
the possible problems it could create. The City Admr. said he thought this
solution could create more work than it would be worth, and it would still only
be applicable to the 7 businesses that have a liquor license. Discussion followed.
The City Admr. said he would put the information about the overdue bill in the
suspense file for renewal of liquor licenses, and notify SPUC that the City is not
adopting a new process in this regard.
Discussion followed regarding compensation of volunteer members of City boards
and commissions. Cncl. Colligan said he was in favor of having a monetary com-
pensation for the Planning Commission members, as he thinks they deal with more
policy making issues. The City Admr. said there is good philosophical and practi-
cal reasons for not compensating volunteer members, as it might affect the kind
of people who will volunteer. Discussion followed regarding other commissions
that have a lot of decision making power, such as Cable, Community Services, SPUC
and Downtown Committee.
Colligan/Vierling moved to direct staff to evaluate paying a fee to Planning
Commission, and what that amount should be, and also suggest a recognition event
such as a picnic for all volunteers. Motion carried unanimously.
Leroux/Colligan moved to 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 effective as of January 1,1984.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Colligan/Wampach offered Resolution No. 2217, a Resolution Adopting a Downtown
Concept Plan (Alternative B-1, Revised) and Directing its implementation, and
moved its adoption.
Roll Call: Ayes; Unaninous Noes; None Motion carried.
Colligan/Wampach offered Resolution No. 2218, A Resolution Commending the Ad Hoc
Downtown Commitee, and moved its adoption.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Colligan/Wampach offered Resolution No. 2219, A Resolution Requesting the Minnesota
Dept. of Transportation to Initiate the Widening of Trunk Highway 169 Bridge Cross-
ing and Proposed Alterations to Trunk Highway 101 and Trunk Highway 169 in Down-
town Shakopee, and moved its adoption.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Colligan/Wampach offered Resolution No. 2213, A Resolution of Appreciation to
William Anderson, and moved its adoption.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Colligan/Wampach offered Resolution No. 2214, A Resolution of Appreciation to
Lauren Sorenson, and moved its adoption.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Colligan/Leroux offered Resolution No. 2215, A Resolution Accepting Work on the
No. 1983-1 Curb & Gutter, Sidewalk & Driveway Approach Replacement Program, and
moved its adoption. The City Admr. summarized the resolution.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Shakopee City Council
February 7, 1984
Page 5
Colligan/Wampach offered Resolution No. 2216, A Joint City of Shakopee and
Shakopee Public Utilities Commission Resolution Establishing a Policy For
Removing Excess Snow from Fire Hydrants, and moved its adoption.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Leroux/Wampach offered Resolution No. 2220, A Resolution in Support of Excise
Tax Transfer, and moved its adoption. The City Admr. summarized the resolution.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
Leroux/Wampach moved to direct appropriate City officials to send a copy of
Resolution 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. Motion
carried unanimously.
Leroux/Wampach moved to increase the compensation to the SPUC members to $200
per month per commissioner.
Wampach/Leroux moved to amend the motion to make the compensation to SPUC $150
per month. Discussion followed.
Colligan,Vierling moved to amend the amendment to make compensation to the chair-
man of SPUC $150 and the other commission members $125 per month each. Discussion
followed.
Motion to amend the amendment carried with Cncl. Leroux and Wampach opposed.
Amendment as amended carried with Cncl. Leroux and Wampach opposed.
Main motion as amended carried with Cncl. Leroux and Wampach opposed.
Vie rling/Colligan moved to direct staff to bring back to Council a resolution
to this effect, effective March 1, 1984. Motion carried unanimously.
Leroux/Colligan moved to direct staff to prepare the appropriate ordinance to
amend the City code 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 beverages on-sale, and repeal current City code
Section 6.32, Subd. 7e. Motion carried unanimously.
Leroux/Wampach moved to approve payment of $6,000.00 to Frank J. Wicker for ap
prai sals for Trunk Highway 101 Frontage Road cost to be paid out of the Improve-
ment District Fund for this project.
Roll Call: Ayes; Unanimous Noes; None Motion carried.
There was no objection by Council to the Financial Director using Juran & Moody
rather than Merrill, Lynch for the sale of securities.
The City Admr. updated the Council on the status of the Metro Caucus (formerly
Metro Losers .
Colliga,n/Leroux moved to adjourn to 7:00 p.m. February 14, 1984. Motion carried
unanimously. Meeting adjourned at 10:40 p.m.
After adjournment, the City Attorney swore in Mayor Reinke.
Judith S. Cox
City Clerk
Diane S. Beuch
Recording Secretary
v�ita�
X04 r4� Metropolitan Council
300 Metro Square Building
I�II1I Seventh and Robert Streets
► :� ,;; St. Paul, Minnesota 55101
Telephone (612) 291-6359
Feb. 10, 1984
TO: Metropolitan Commission Members, Mayors, County Commissioners, City
and County Officials, Former Metropolitan Council Members and
Interested Citizens
SUBJECT: Regional Citizen of the Year Contest
This year, for the first time, a Regional Citizen of the Year Contest will be
held by the Metropolitan Council. The winner will be honored at the Council's
State of the Region event May 1 . As chair of the committee that will select
the first regional citizen, I"d like your help in seeing to it that we have a
good group of nominees from which to choose.
Were looking for people who have clearly made a contribution to the Region as
a whole, whether by serving in a leadership role on a regional project or in a
variety of other ways. The only requirement--other than being of "regional"
stature--is living in the Seven-County Area.
Making a nomination is simple. Just send your name, address and telephone
number and the same information for the person you're nominating to Lynna
Williams in the Council communications department by March 16. A short
description (no longer than 200 words) of the persons regional involvement and
the reasons he or she deserves the award also is needed. Any other
testimonials in support of your nomination also are welcome, but be sure to
include those names and telephone numbers too.
Because you're involved in regional affairs, I"m sure you can think of many
people who help make the Region what it is. I hope you'll join in helping make
this first Regional Citizen of the Year contest a success. Thank you.
Sincerely,
Josephine Nunn
Metropolitan Council Member
OTY Lie
An Equal Opportunity Employer
I bat
MEMO TO : John Anderson , City Admin . strator
FROM: Judi Simac , City Planny
RE : Planning Commission 198 Annual Report
DATE : February 14 , 1984
Background
At their February 9 , 1984 meeting the Planning
Commission moved to accept the 1983 Annual Report
of the Planning Commission and Board of Adjustments
and Appeals . Subsequently, motion was made to for-
ward the 1983 Annual Report to the City Council .
Action Requested
Accept and approve the 1983 Annual Report of
the Planning Commission and Board of Adjustments
and Appeals .
MEMO TO : John K . Anderson , City Ad inistrator
FROM: Judi Simac , City Planne
RE : Rezoning Request by Prah -Coll Properties
DATE : February 15 , 1984
Introduction
Attached is Ordinance No. 142 , Fourth Series ,
An Ordinance Amending the City Code Designating
Zoning in the City of Shakopee . On February 9 ,
1984 the Planning Commission conducted a public
hearing on the request by Prahm-Coll properties
to rezone a ten acre parcel on E. Fourth Avenue
from R-4 (Multi-family residential) to B-2 (Com-
munity business) . The Planning Commission moved
to recommend to City Council that the rezoning be
approved .
Please also find attached a copy of the Planning
Commission meeting minutes which refer to the rezoning
request and a copy of the case report which was sub-
mitted by staff to the Planning Commission prior to
the meeting.
Recommended Action ;
Move to adopt Ordinance No. 142 , Fourth Series ,
An Ordinance Amending the City Code Designating
Zoning in the City of Shakopee .
Attachments :
Proposed Ordinance No . 142
Planning Commission Minutes
Case Report
ORDINANCE NO. 142, FOURTH SERIES
AN ORDINANCE AMENDING THE CITY CODE
DESIGNATING ZONING IN THE CITY OF SHAKOPEE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,
MINNESOTA, AS FOLLOWS :
Section I : Shakopee City Code, Section 11 . 21 , Amended as
follows :
That portion of the Shakopee City Code,
Section 11 . 21 , which designates that certain parcel described
as follows : That part of the North 340 . 42 feet of the East Half
of the Southwest Quarter of Section 5 , Township 115 , Range 22,
Scott County, Minnesota lying West of the East 4 . 0 rods of said
East Half of the Southwest Quarter and the North 340. 42 feet of the
East 2 . 0 rods of the West Half of the Southwest Quarter of said
Section 5 , as R-4 (Multi-family residential ) be amended to designate
said parcel as B-2 (Community business ) Zone status .
Section II : Provisions After Adoption;
After adoption, signing and attestation, this
ordinance shall be published once in the official newspaper of
the City and shall be in effect on and after the day following
such publication.
Adopted in session of the City Council of
the City of Shakopee, Minnesota, held this day of
19
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this
day of 19
City Attorney
Shakopee Planning Commission
February 9, 1984
Page 2
PUBI.SC HEARING - PRAHM-LOLL REQUEST FOR RE-ZONING
Stoltzman/Czaja moved to open the public hearing on the request for re-zoning
of a 10 acre parcel from R-4 to B-2. Motion carried unanimously.
The City Planner gave an over-view of the three public hearings to be held
regarding the same proposed building and applicants. She said the applicant
is Prahm-Coll Properties, who wish to construct a ballroom. She showed on
a map the area they want to re-zone. They also are requesting preliminary
and final plat approval of a 20 acre parcel, with the ballroom to be built on
5 acres. The ballroom needs conditional use permit approval. She outlined
the staff considerations. It is a joint application with George Seidl.
Dean Colligan said he is one of the developers, along with Willard_Prahm, who
is present tonight, and Elmer Prahm, who is out of town. He said this develop-
ment is consistent with the comprehensive plan and he hopes Planning Commis-
sion looks favorably on it.
Chrm. Schmitt said the proposed use of the property is a conditional use in
all of the adjoining zones, including the zone it is in, as well as a permitted
use in the I-2 zone.
Chrm. Schmitt asked for comments from the audience.
Gene Goemer, 2525 East 4th Avenue, said that his is the house that is kitty-
cornered from the property. He said there is only 324 feet from where his lot
ends and theirs starts. He said 4th Ave. cannot handle that kind of traffic,
and there is no main highway to get in or out. A ballroom of that size will be
very noisy at closing time. He said he bounced at Richard's Pub and the air
conditioning could not keep up with the heat, and they constantly had to open
the doors, which brings the noise outside.
The City Engineer responded that 4th Ave. can handle the traffic and weight.
The people in the parking lot would not be able to leave all at one time, and
he would assume they would not be arriving all at one time. The traffic count
now is such that this would not exceed the limit for the road. He added that
if the facility was used primarily at 7:30 a.m. and 4:30-5:00 p.m. , it would
adversely affect the intersection of CR17 and 4th Ave. But this facility's
peak use does not coincide with high volume traffic. He said the shift change
at Certainteed only accounts for about 50 cars in 15 minutes, which does not
exceed the weight limits. In order to justify a semaphore, there has to be
cars waiting one and a half minutes for 8 hours of a day. He said the last
traffic count was done last summer.
Mr. Colligan explained the entire project, and showed maps and blueprints to
illustrate the proposal. He said plans have been in the process for 4 years,
and started to take serious form 2 years ago. He said he checked many facili-
ties in the area and found it was hard to get a reservation for a wedding re-
ception, anniversary, etc. He said this facility is designed primarily for
wedding receptions, anniversary parties, and other private parties, but they
don't think that will be enough to make it financially feasible. They also
would like to promote company parties and business presentations and seminars.
He said they looked at several properties, which turned out to unavailable be-
cause of one reason or the other. He said this property is owned by George
Seidl, and they were able to arrange a financing package with a local bank.
He said they personally examined the interior and exterior of many, many ball-
rooms, clubs, KC Halls, etc. He stated he and the Prahms will be building
this facility, and they will be managing it. It will not be like the former
Shakopee Planning Commission
February 9, 1984 G
Page 3
Doc Holliday's; there is no comparison. This will be a drastic contrast to
that. They plan to have a modest dress code.
Mr. Colligan went over the other physical features of the proposed facility.
He said it is set up to be divided, to be used for two parties at once, He
said there will be heat exchangers that will exchange all of the air in 22
minutes, to get rid of heat and smoke. He said they hope to preserve as many
trees as possible around the site . He said this building is their main con-
cern, and they are not building it to sell. He said they are planning on ball-
room type dancing Friday and Saturday nights, with Thursday night dances for
teens possible in the future. He said they would regularly have 3-4 officers
for police protection within the facility.
Nancy Goemer, 2525 East 4th Ave. , submitted a petition signed by those opposed
to this ballroom at this location. She said she feels the road is inadequate.
She said the road is very populated now with walkers and bikers, and there is
only a gravel shoulder on it. She said this will be drinking traffic, and she
is afraid pedestrians will become victims. She said a lot of the patrons will
not be local, and there is nothing that can be done to keep the ballroom from
filling to capacity. The biggest concern is this will be drinking traffic, not
business or work traffic. She said the people in the townhouses are concerned
about the litter and debris. She is also concerned about minors walking from
McDonalds to the ballroom and sitting in the parking lot. She asked about po-
licing in the parking lot. She said she talked to Duane Bickett, who patrols
in the Carver area, and is familiar with Lakeside Ballroom. He said he forsees
traffic problems, bottle club members, young crowds, riff-raff, and minors get-
ting young adults to purchase booze for them and drinking in the parking lots
by minors. He said Lakeside has to be policed by the County, not just their
own officers. She said this is different than the people who go to the KC Hall,
which is private and close friends of members. She said her house is only 325
feet from where one of the entrances will be. She doesn't believe it would be
safe to bike on the road with that kind of traffic from a ballroom. She said
when they bought their house in that area it was light industrial around them,
and they didn't think anything like this could be built. She said they would
never buy or live near a ballroom. She said she thinks the safety of her child-
ren is in jeopardy. She said this is not the place for a ballroom.
Mr. Colligan responded that this area is I-1, where the City trying to encourage
development. He said the security they intend to hire would be from Scott
Qounty or Shakopee Police, as they have the expertise for handling it. He said
they also expect to get regular patrolling from the City. He said there is
drinking and driving all over, and they are not serving the liquor. He said
the parking lots will be controlled, as they are not about to have anyone des-
troying their property. He said they are trying primarily to attract wedding
receptions, etc. He said there will be some type of dress code, and they will
not be having acid rock-type bands, but more like the Shaw Band type rock.
Elaine Anderson, said she is the mother of Nancy Goemer, and lives at 20 Cedar
Street, Tonka Bay. She said her daughter and son-in-law had only 4 days to
react to this public hearing. She said she contacted the Medina Ballroom.
She said that ballroom started out the same way, with just week-end dances and
primarily for wedding receptions and just serving set-ups. She said their
dance floor is the same type proposed here and it is just super. But she said
when she was there she heard the most vulgar language and observed fights as
she left the parking lot. She said she called Medina Ballroom and several other
facilities in the area, and didn't have much trouble getting a reservation.
She said the Medina Ballroom originally was open only 3 days a week, and now
it is 7 days a week, with the bar closing at 1;00 a.m. each night.
Shakopee Planning Commission
February 9, 1984
Page 4
Ms. Anderson said this is her grandchildren' s safety they are talking about.
She said her daughter' s home is in an ideal spot, but if they had known a ball-
room was being proposed they never would have advised them to buy there. She
also said the developers will be taking out a great number of trees, and not
preserving very many. She said they measured out the area today, and there is
not much buffering provided. She said the facility could be beautiful, but they
will not make a go of it 3 days a week, and will soon be open more. She added
that when a liquor license is available, she is sure they will get one. She
said she is very opposed to it. She said her daughter and son-in-law have al-
ready contacted a real estate agent, though they don't want to move.
Chrm. Schmitt pointed out on a map the zoning in that area. He said the Goemer
home is a non-conforming use in an I-1 zone. That means they cannot do anything
to expand the home or construct any residential improvements on the property.
He said the City has tried to encourage growth in this area of highway business
and industrial businesses. He said the parcels near them can add on and build
merely be taking out a building permit. He said many industries have three
shifts around the clock.
Chrm. Schmitt said that with the proposed racetrack, there is substantial amounts
of development planned nearby. He thinks if the racetrack goes there, there
will be motels, restaurants and supportive businesses nearby. He said 4th Ave.
was intended to serve the industrial area, and not designed as a bike-way. It
might ultimately be expanded. He said the community has been aggressively work-
ing to attact develo gr.ent in this area. He pointed out that the I-2 boundary
is very close, and in that zoning this facility could be constructed without a
conditional use permit and without a public hearing. He said this situation is
unique because there is a dwelling in an industrial zone.
John Nelson asked if this site is served with sewer and water at this time.
The City Engineer responded that services have been extended to a point 66 feet
from the northeast corner of this parcel. Mr. Colligan said they plan to ex-
tend the lateral along 4th Avenue 66 feet. Further discussion followed regarding
whether cr not sewer and water will go across someone else's property. Mr.
Nelson said he represents Jerry Sherburne, who owns the property, and he said
they do not have easement rights over that property. He submitted a copy of a
registered letter he sent to Prahm-Coll informing them of that fact. The City
Engineer said this property can be served, because the City can extend the
facilities in the street and assess the developer.
Comm. Perusich said he talked with Mr. Sherburne, who told him he has no greivance
with the easement, and has no problem with the services going on City land, and
they just could not agree on a price for the easement. He had no problem with
the re-zoning. His contential is only on the price of the easement to cross his
land.
Clyde Ramsden asked what direction the building sat, and how close it was to
the big hole on the property. He was answered that is 300 feet away.
Comm. Czaja asked about lighting in the area. Mr. Colligan said they intend to
flood the area of the parking lot, and the building will also be lighted.
Comm. Perusich said a lot of control has to be exercised with a drinking establish-
ment. But he said people also have a responsibility for themselves. He doesn't
Shakopee Planning Commission
February 9, 1984 D
Page 5
think you can legislate a law of morality. He would not vote against the
proposal on this criteria. He sees it as no more of a problem than the KC
Hall.
Comm. Czaja asked if the residents saw the KC Hall as a problem. Nancy Goemer
said she didn't think it was a problem, but she didn't think this is similar
to the KC Hall.
Mary Wallace said she lives at 300 Shawnee Trail where there is 60 units of
townhouses. She said any kind of light industrial use could go in there.
But with this, there will be two facilities with the same kind of people on the
one road. She said the entrance to the townhouses can back up with 8 cars,
and they can't get in their drive-way. She thinks the volume of traffic is
going to sufficiently affect the 60 units arra houses involved, and won't really
bother anyone else. She said there will be a lot of drinking. Why have two
facilities of the same type on the same street. She said she is not opposed
to the racetrack, she is opposed to the drinking. She said these people will
be going to McDonalds and Burger King.
Chrm. Schmitt said the racetrack estimates 8,000 people, with 25% of them going
west. The racetrack will also have a liquor license. He said the City had a
public hearing on the racetrack for the environmental impact statement, and no
one showed up to discuss issues of traffic, noise and all the rest. He said
the racetrack will probably affect you as much if not more than the ballroom.
Someone else from the townhouses asked how they can be sure the ballroom doesn't
turn into another Richard's or Doc Holliday, and wanted to know how the condi-
tional use permit would be reviewed.
Chrm. Schmitt said that one of the ways the City controls is with the liquor
license. It can be taken away from a business if there is sufficient cause.
He said the set-up license and 3.2 beer license also come from the City. The
City Admr. said that each liquor license has an annual renewal. lie explained
the three types of liquor licenses. He said that with each renewal request,
the City Council receives a report from the Chief of Police. He said that in
the case of complaints, changes can be negotiated, and if the complaints are
severe enough, the liquor license can be denied.
Steve Wallace, of 300 Shawnee Trail, said he doesn't believe it is that sure
that Shakopee will get the racetrack. That would bring more tax dollars. The
ballroom will bring in a younger crowd than the KC Hall, and there will be more
rock and roll dances because that is where the money is. He doesn't think 3
people are enough to handle the crowds. He doesn't think Shakopee needs that
kind of thing, and he doesn't want to see it happen.
Bob Olson, 204 Shawnee Trail, said he can see the City made a strong commitment
to acquire the racetrack. He thinks the ballroom will have much less problems.
He said he would like to learn to ballroom dance. He said they do have a traffic
problem there now, as people try to go there to get to Burger King. He said he
works at Certainteed, and he thinks the trucks loaded with shingles present more
of a hazard to children. He doesn't see the ballroom as a problem.
Connie Orange, 848 Minnesota Street, said she hopes children are not out on the
streets at 1:00 a.m. when people who are drunk are driving. She was answered
that there are afternoon receptions also.
Shakopee Planning Commission C) C,
February 9, 1984
Page 6
Someone from the audience said she would like to see more business in the area,
but a ballroom is nothing we need or want.
The City Planner went over the procedure for receiving complaints and reviewal
and renewal requirements.
Herb Hoffner, of the townhouses, said he gets the impression the advertisement
of this hearing was very low key, at the bottom of the page of legal notices,
a very inconspicuous place. He said he is a retired pastor, but he is not against
the ballroom on that basis. He does see problems with having either the race-
track or ballroom along 4th Avenue because it will close the road to the town-
houses at certain times of the day. He would think there would have to be a stop
sign at Shawnee, to let the residents in and out.
Chrm. Schmitt said when a public hearing is to be set, notice must be filed in
the local approved paper and published once. Typically, the notices are small,
and he doesn't think the City can specify where they are placed on the legal
page. Also, the applicant must submit a list of names of all landowners within
300 feet of the affected property, and these property owners are sent a written
official notice that the public hearing will be held affecting the property.
Ken Ron of Shawnee Trail, asked what are the criteria for upgrading 4th Avenue.
The City Engineer replied structure condition and geometric shape of the road
determines the upgrading. He said 4th Avenue is part of the City's State Aid
street system. He said after it is upgraded, the City doesn't get any more
funds to subsidize its construction for 20 years. Therefore, because of the
lack of development and the proposed development, it is difficult to project
what 4th Avenue ought to be at this time. He added that there is on file now
an informational booklet on what areas will be impacted in the vicinity of the
racetrack, and projected traffic on 4th Ave.
Chrm. Schmitt asked if there were any more comments that hadn't been heard,
and there was no response.
Chrm. Schmitt entered into the record the Goemer petition which has 4 signa-
tures on it opposing the ballroom. He also entered into the record the memo
from Jerome P. Sherburne regarding the easement.
Chrm. Schmitt explained the three separate public hearings regarding this ball-
room proposal. He asked if there were any further comments regarding the re-
zoning, as to whether or not it is appropriate.
Koehnen/Rockne moved to close the public hearing. Motion carried unanimously.
Koehnen/Stoltzma n moved to recommend to City Council that the 10 acre parcel
described as that part of the North 340.42 feet of the East Half of the South-
west Quarter of Section 5, Township 115, Range 22, Scott County, Minnesota,
lying West of the East 4.0 rods of said East Half of the Southwest Quarter and
the North 340.42 feet of the East 2.0 rods of the West Half of the
Southwest
Quarter of said Section 5 brezoned
ied family en )
to
B-2 (Community Business). Motion carrunanimously.
Chrm. Schmitt explained this action re-zoned a parcel of land on the basis that
re-zoning is not spot zoning, but merely the changing of a zone because it is
contiguous to B-2 and a logical extension of that zone.
TO: Shakopee Planning; Commission
FROM: Judi Simac , City Planner
DATE : 1ebruary 1 , 1984
ITEM: Application for Rezoning
APPLICANT: Prahm-Coll Properties
LOCATION : East Fourth Ave . in section 5-115-22
PRESENT
ZONING : R-4 Multi-Family Residential
PROPOSED
ZONING : B-2 Community Business
AREA : 10 ages
LAND USE : 80% vacant , with a 2 ac . single family home improvement .
APPLICABLE
REGULATIONS : Section 11 . 03 , Subd . 5 , Section 11 . 04 Subd . 7 ,
Section 11 . 30
FINDINGS
REQUIRED : Section 11 . 04 , Subd . 7 , I
PROPOSAL : The applicant has requested the rezoning of a 10 ac .
parcel from R-4 to B-2 to construct a ballroom.
CONSIDERATIONS :
1 . Surrounding land uses :
North : %,acant 1 - 1 (light industrial )
South : vacant R-4 (multi- family Residential)
East : vacant I- 1 (light industrial)
West : existing cemetary , B-2 (community business)
2 . Urban services
Sanitary Sewer : available
Water : available
Storm Writer : on site drainage
3 . Floodplain or shoreland : Not applicable
4 . The ten acres proposed for rezoning front east Fourth
Avenue and would be an easterly continuation of the only
B-2 district in Shakopee .
5 . The proposed rezoning site is within a staged growth area
identified in the Comprehensive Plan . This growth area
directs development towards existing development and where
public facilities are available .
6 . The City Assessor has indicated that the property is currently
classified agricultural in the green acres program and is
valued at about $5 , 100 per acre excluding the building .
The B-2 (Commercial) value of the property will be about
$20 , 000 to $30 , 000 per unimproved acre , comparable to land
values in the industrial park .
� C
7 . A property owner northeast of the site , in an I-1 district ,
has indicated that the proposed rezoning will affect the
value of their single family home .
8 . The proposed rezoning is not incompatible with the adjacent
I-1 uses nor with the proposed racetrack development .
9 . The existing single-family use in the R-4 district will
become a legal non-conforming use when the property becomes
B-2 . The code does not permit expansion of a non-conforming
use .
STAFF RECOMMENDATION :
Staff recommends approval of the rezoning of 10 acres
on east Fourth Avenue in Section 5- 115-22 from R-4 to B-2 .
ACTION REQUESTED :
Move to recommend to City Council that the 10 acre parcel
described as that part of the North 340 . 42 feet of the EAST
HALF of the Southwest Quarter of Section 5 , Township 1.15 , Range
22 , SCOIt County , Minnesota lying West of the East 4 . 0 rods
of said EAST HALF of the Southwest Quarter and the North 340 . 42
feet of the east 2 . 0 rods of the WEST HALF of. the Southwest
Quarter of said Section 5 be rezoned from R-4 (multi-family
Residential ) to B-2 (Community Business) .
MEMO TO : John K . Anderson , City Adm'nistrator
FROM: Judi Simac , City Planner
RE: Preliminary and Final PIFt of Prahm-Call First Addition
DATE : February 17 , 1984
Introduction :
On February 9 , 1984 the Planning Commission held a public
hearing on the Preliminary and Final Plat application for Prahm-
Coll First Addition as submitted by Prahm-Coll Properties . The
Planning Commission recommended approval of the plat subject to
conditions and the approval by legal counsel of the waiver ele-
ment in condition #5 . (Counsel opinion is that it is legal to
put in the waiver . )
Background :
Because the applicant is requesting preliminary and final
approval concurrently , it is imperative that every item has been
considered , reviewed and understood by both the City and the
developer . In the time since Planning Commission action , staff
has been preparing the Developers Agreement , researching the
legality of the conditions , and revising the language of the
conditions . Essentially, none of the Planning Commission ' s
recommended conditions have been changed or omitted ; they have
been augmented and revised to clarify the responsibilities of
the developer .
Attached is a copy of the minutes of the Planning Commis-
sion meeting and a copy of Resolution 2224 , A Resolution Approving
the Final Plat of Prahm-Coll First Addition .
Staff Recommendation :
Staff recommends approval of the Preliminary and Final
Plat of Prahm-Coll First Addition subject to the following
conditions :
1 . Approval of a Title Opinion by the City Attorney .
2 . Execution of a recordable Developers Agreement which
provides for :
A. Park Dedication - fee for Block 1 , Lot 1
to be paid at the time a building permit
is issued . The park dedication fee for the
fifteen acres in Outlot A shall be figured
when Outlot A is replatted and paid prior to
issuance of a building permit .
B . Outlot A - shall remain a fifteen acre non-
buildable outlot that shall be replatted prior
to issuance of any building permit .
C . Assessments - the developer shall agree to the
City Engineer ' s method of apportioning the in-
stallments remaining unpaid against said pro-
posed plat and that the developer waives his
right to appealing the apportionment .
D. Construction of Sewer and Water Lines -
1) Along 4th Avenue from the VIP Inter-
ceptor Sewer to the west line of Prahm-
Coll First Addition .
2) 700 ' South of and parallel to 4th Avenue
from the VIP Interceptor Sewer to the
west line of Prahm-Coll First Addition .
E. Future Easement - dedication of an easement
across Outlot A in the event that the property
west of Outlot A is developed prior to the re-
platting of Outlot A.
Action Requested :
Move to approve the preliminary plat of Prahm-Coll First
Addition and offer Resolution #2224 , A Resolution Approving the
Final Plat of Prahm-Coll First Addition and move for its adoption .
Attachments :
Resolution #2224
Minutes of the Planning Commission meeting
' Shakopee Planning Commission
February 9, 1984 to
Page 7
PUBLIC HEARING - PRAHM-CALL REQUEST FOR PRELIMINARY AND FINAL PLAT APPROVAL
Rockne/Stoltzman moved to open the public hearing regarding the request for
preliminary and final plat approval of a 20 acre parcel. Motion carried
unanimously.
The City Planner indicated on the map the parcel in question, and went over
the staff considerations that haven't been discussed. ahe said staff recommends
approval of the request with the revised recommended conditions, which she
read through. She explained the three options regarding sewer and water.
Chrm. Schmitt said that a previous legal opinion ruled that Waiving of future
assessments could not be required by the City. The City Admr. stated that the
City Attorney could clarify the meaning in this case, and if it is not appro-
priate, that language can be deleted from the conditions. Mr. Colligan said
that Option No. 3 is their choice, with the exception of the waiver of future
assessments. The City Engineer said he is comfortable with Option No. 3.
Chrm. Schmitt discussed with the City Engineer the possibility of a second
access point.
Chrm. Schmitt asked if there were any comments from the audience about these
plans, and there was no response.
Perusich/Czaja moved to close the public hearing. Motion carried unanimously.
Perusich/Stoltzman moved to recommend approval to City Council of the prelimi-
nary and final plat of Prahmcoll First Addition, subject to the following con-
ditions and approval by legal counsel of the waiver element;
1. Approval cf a title opinion by City Attorney.
2. Park dedication to be made in cash at the time of building permit issuance.
3. The entire plat shall include twenty acres; five acres shall comprise Block
1, Lot 1 and the area noted for Future Development shall be designated as
Outlot A, a fifteen acre outlot.
4. Execution of a recordable developer's agreement that designates Outlot A
as a fifteen acre non-buildable outlot that must be platted before a
building permit will be issued.
5. Execution of a recordable developer's agreement to install and pay for a
portion of the sanitary sewer and water laterals with an additional peti-
tion for and acceptance of future sewer and water installation assessments,
waiving all rights to a hearing on the improvements and assessments ; such
agreement to be attached to the land and be binding on all heirs and assigns
of the applicant.
Motion carried unanimously.
PUBLIC HEARING - PRAHM-COLL REQUEST FOR CONDITIONAL USE PERMIT
Rockne/Czaja moved to open the public hearing regarding the request for a con-
ditional use permit to construct a ballroom on a 5 acre parcel in a proposed
B-2 (Community Business) zone. Motion carried unanimously.
The City Planner went over the staff considerations and stated staff recommends
approval of the conditional use permit with certain conditions.
The City Engineer said he has the final drainage plan. He said if they modify
parking in any fashion, that changes the size of the drainage area.
RESOLUTION NO. 2224
A Resolution Approving The Final Plat Of
Prahm-Coll First Addition
WHEREAS , the Planning Commission of the City of Shakopee did
approve the Final Plat of Prahm-Coll First Addition on February 9 ,
1984 and has recommended its adoption ; and
WHEREAS , all notices of hearing have been duly sent and
posted and all persons appearing at the hearing have been given
an opportunity to be heard thereon ; and
WHEREAS , the City Council has been fully advised in all
things .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA, that the Final Plat of Prahm-Coll First
Addition , described as follows :
The West 639 . 85 feet of the East 705 . 85 feet of the North-
East Quarter of the South West Quarter of Section 5 , Township 115 ,
Range 22 , Scott County, Minnesota and the West 639 . 85 feet of the
East 705 . 85 feet of the North 2 . 0 roads of the South East Quarter
of the South West Quarter of Section 5 , Township 115 , Range 22 ,
Scott County , Minnesota .
be , and the same hereby is approved and adopted with the requirements
that :
1 . Approval of a Title Opinion by the City Attorney .
2 . Execution of a recordable Developers Agreement which
provides for :
A. Park Dedication - fee for Block 1 , Lot 1 to be
paid at the time a building permit is issued . The
park dedication fee for the fifteen acres in Outlot
A shall be figured when Outlot A is replatted and
paid prior to issuance of a building permit .
B. Outlot A - shall remain a fifteen acre nonbuildable
outlot that shall be replatted prior to issuance of
any building permit .
C . Assessments - the developer shall agree to the City
Engineer ' s method of apportioning the installments
remaining unpaid against said proposed plat and
that the developer waives his right to appealing
the apportionment .
D. Construction of Sewer and Water Lines -
1 Along 4th Avenue from the VIP Interceptor
Sewer to the west line of Prahm-Coll First
Addition .
2) 700 ' South of and parallel to 4th Avenue
from the VIP Interceptor Sewer to the
west line of Prahm-Coll First Addition
E. Future Easement - dedication of an easement
across Outlot A in the event that the property
west of Outlot A is developed prior to the re-
platting of Outlot A.
BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and
the same are hereby authorized and directed to execute said approved
Plat and Developer ' s Agreement .
_ �C
Adopted in session of the City Council
of the City of Shakopee , Minnesota , held this day of
19
Mayor of the City of Shakopee
ATTEST:
City Cler
Approved as to form this day of
19
City Attorney
I
TO : John K . Anderson , City Administrator
FROM: Jeanne Andre , Community Development Director
RE : Commercial/Industrial Real Estate Inventory
DATE : February 17 , 1984
Introduction:
At its February 15 , 1984 , meeting the Industrial
Commercial Commission (ICC) discussed the development of
a commercial/industrial real estate inventory . An attach-
ment listing three motions adopted on this topic is enclosed .
Background :
The ICC is exploring whether City Hall could develop an
inventory of vacant land or buildings suitable for industrial/
commerical development . A meeting with real estate agents who
deal in these properties is anticipated to see if they would
cooperate in providing listings of available properties in
Shakopee . In addition the staff could try and develop a list
of vacant properties whether or not they are listed for sale .
The project is conceived as suitable for a computer listing
which, once developed , could easily be updated . Computerization
would also provide the benefit of searching only for land which
meets certain keyed factors (eg. planning zone , size , rail avail-
ability, etc . ) .
The ICC requested that the City Council be informed of
this proposal for the Councils ' general comments on the merits
of this inventory and to determine if Council judges that City
Staff , equipment and computer time can be provided to implement
this project .
Requested Action:
Discuss the proposal to provide an inventory of commercial/
industrial properties and comment particularly as to whether City
Staff, equipment and computer time can be provided to implement
this project .
This is an unapproved excerpt of the February 15 , 1984 minutes
of the Industrial/Commercial Commission :
Manahan/Furrie moved that the ICC be on record to encourage
the City Staff to develop a method of listing all Commercial/
Industrial properties in Shakopee , which may be suitable for
Industrial/Commercial Development or use for the purpose of
staff fielding inquires from potential developers . Motion
carried .
Manahan/Dubois moved to direct the Chairman and Jeanne Andre
to contact local realators and other realator/developers with
Shakopee listings to obtain their input on how to implement
the above recommendation . Motion carried .
Manahan/Dubois moved to recommend to the City Council that
staff support , equipment , and computer time as needed , to
develop the listings as referred to in the above recommendations
be provided by the City. Motion carried .
MEMO TO: Mayor and Council
FROM: John K. Anderson, City Admin.
RE : Twenty-four Hour Parking Regulation.
DATE: February 17 , 1984
INTRODUCTION
The City Council , at its February 14, 1984 meeting,
heard comments from Mark Miller, 531 E. 6th Avenue and
Loren Pulkrabek, 506 E. 6th Avenue regarding their problems
with the 24-hour parking regulation. Council directed Staff
to review the reasons for the 24-hour parking regulation
versus a 48-hour parking regulation.
BACKGROUND
The Chief of Police and the Street Superintendent have
responded to my request for information regarding this subject
and provided the following list of reasons for the 24-hour
parking requirement :
1 ) The 24-hour regulation is intended to keep the
vehicles off the street , provide more turnover,
and create an incentive for automobile owners
to find more off the street parking.
2 ) The 24-hour requirement is consistent with the
24-hour calendar parking. Cars must move every
24-hours as per calendar parking anyway. There-
fore , the vast majority of car owners and the
Chief of Police and Street Superintendent view
the ordinance as fitting the normal circumstances ,
rather than the unusual situation where a property
owner would be ticketed and allow his vehicle to
sit long enough to be on the proper side of the
street for the odd-even calendar parking.
3 ) The 48-hour parking restriction is too long to
wait to authorize a tow for abandoned vehicles
and snowbirds .
4) The 48-hour parking requirement would contradict
the current plan which enables the City to replow
snowbirds the day following a snowstorm.
ALTERNATIVES
1 ) Maintain the current 24-hour parking regulation.
2 ) Change the current 24-hour parking regulations to
48-hours .
Twenty-four Hour Parking Regulation
Page 2
February 17 , 1984
RECOMMENDATION
The City had a 48-hour parking regulation for many years .
During the last two years the City has had a 24-hour parking
regulation and both the Chief of Police and Street Superin-
tendent feel it has worked much better than the 48-hour
parking regulation in assisting the City in removing abandoned
vehicles and snowbirds , the latter of which can make plowing of
streets more expensive . Staff recommends Alternative #1 .
The Chief of Police has reviewed Mr. Miller ' s statement
that the towing service arrived before the 24-hour period had
expired. He found that the service did arrive early but the
vehicle was not removed until after the 24-hour period (attached) .
ACTION REQUESTED
For the record, Council should indicate by motion that they
have reviewed and discussed this issue and decided to maintain
the 24-hour parking regulation.
JKA/bn
CITATION FOLL014—UP LGN/
TIME
CITATION NO. ��l�gL DATE /i�(-�+ ,
DEFENDANT DOB/
i�/l ►r�' �j�b�/� �t�� �� t �t t
ADDRESS 5V ^+ 'LOCATION OF OF OFFENSE 6 k, A
TYPE OF OFFENSE 1),k t; �7 (' STATUTE/ORDINANCE
COURT DATE � G�'7` �
f PROBABLE CAUSE �1[ �'✓�' % � Gtr/i./�
(•1, trl�t.°, t2 rli.�trtl r� C�rit ' �il.�I(��t./�/.l ✓ T� ✓�i rpt/ - / (F �r C'-•('YJ<.ci
-1.
ff
OFFICER \ BADGE NO.
STATE OF MINNESOTA - County of Scott cororl-HINT 3 0 6 2
t-,vi rlulV sworn. upon his oalh K<mmty coram Cily of
•,,,•. ,,, :,.� p,v,n,l,cnnrl S11ak�pee
Juvenile,
_ A.M. P M. Parent or Guardian
On•the�' .A----day of �"` 19 al ,/ ,,/' i b
_ , .10 // City -H-�
Namr /1'
-4--
1--r). t 41--1k,� 1 1 II�V� Address ( Slate J/ ,rT 1 r �—
Binh Date D.I.No Ht. WI. Sea did..4.f-IIY lop,r.tel !In+
•r �l ) Make t Trailer Lic.No. 19,c7_Slale Make
lite n,t No t9`� Slalt • t `r I D t �
upon a public high.., to wil:_�� I TI �Ih( ( �r -
looted in the County and State aforesaid,and did-then and there commit the following often,,:
h.ronel Slippery Caused In Accident
Spading on-Inunr 1 m.p.h.in m.p. THESE VIO• Pavement l \nnv ur h+, P,rson
1 7tt n,P h ,1 11-1S m p h 1'Ov IS n,I�h LAT IONS CAUSE N,ghe to UodRe 111) 111
ACCIDENTS Poor 1 log r r Smuk�, 1,nal
I r nn wn+ng Visibility ll tin nr Itam Nd--an 1'••dr•+Ir,.,n
Improper telt/Right Turn (l- I•rnh,bned `I I Intra wrong lanr Lrnr \'rhu 1, v+•h„b•
Other
Disobeyed 7,06c Signal ” I'a.l m,Idle I 1 Middle of I I Nut r,arhed THESE Traffic I (hu nmg
Iwhrn I,ght turn.•d rr.t) mt,r+u,unn We"'Mo. rnW,-I CIR INCREASE
Present I: ,+tr,.,n Nagar dous.EnnanOnrs
j.h.-,ed Step Sign \\'rung Pla.e Ci NSdk slu•rd I 1aw•r INCREASE +5.0 On,s unn Lrle or Propnrty
SERIOUSNESS OF
Inr tla+hmg-dl VIOLATIONS
Improper Passing Ian„ ( 1 1 t ut n, f I I Nn P,n+,ng run, Area I I ti +d I I Park nr I'I.,vg-,.nd! R.•+,ilrnt�al
and Lan,Use +traddl,ng L (I N'rnng lane 1 On I.M.-
I.
,dl a aur v,
1 Ir q l-.I sA IRn n f hl,
Ill,,h 11.!king
Parking Violations: 1,nr+•d o-rt,n,r11rn �,,/�'`r1,rg fy�l0r G ` lrl. S p 1•
l � nnJl 1, I1`.i \✓ i 111ix1
In Vlola116n at Iha Statute at Ordlnadeti[See.No. 'r I
Other V iolationslsl ldescribe�.' In such rase made and provided and against the peace and dignity of the State nl Minnesota.L
you are notified that the officer whose signature appears below will file a sworn complaint in this Court charging you with the offense srf forth ab.
yl R� Subscribed and sworn to before me /
s
( � 79_L al A.M, This day of 77
Court Appe+rance:l'-) '1---dav of Signature al Complainant
e28 So. Holmes St., Shakopee, MN. 55379 ^
I promi+e to+nV...or raft 16121 415-7750,Est.200,the above named court,by the above date. Name � r\ P' ,
Title badge No.an Oeparlmenl
/I c
NCIC# VEHICLE IMPOUNDMENT AND INVENTORY RECORD NO.
VEHICLE INFORMATION
YEAR S ( MAKEDOLJ, TYPE �� ' COLOR V,1 4 ODOMETER READING
LICENSE # - _�•�14 STATE p 1-1" f- VIN #
VIN CHECK WITH REGISTRATION YES ❑ NO ❑ ALTERED OPR. DR. LIC. #
VEHICLE OPERATOR t? p ADDRESS _ PH. #
REGISTERED OWNER dLvk- U, ��i?�� 'lADDRESS ��r �-��{�''�� t��" � ��'��'y��PH. #
LEGAL OWNER ADDRESS PH. #
NAME OF ARRESTED PARTY ARREST REPORT #
REPORTED BY DATE TIME
REASON FOR IMPOUNDMENT
4
ACCIDENT ❑ DU STOLEN [:1 A ANDONED El FELONIOUS USE El NO OPR. LIC. El BURNED [:1
OTHER THAN ABOVE ��. = =moi<S
TOW-IN SERVICE REQUESTED BY -I�,��`p _ SIGNED
EXACT LOCATION WHERE VEHICLE PICKED UP 'r`� zLL'�
NAME OF TOW IN SERVICE '' ` - DRIVER ROTATION #
VEHICLE TOWED TO Tv MILES TOWED DATE TIME
VEHICLE TOWED: BACKWARD ❑ FORWARD ❑ DRIVESHAFT DISCONNECTED❑ DOLLY❑ OTHER
VEHICLE DRIVEABLE: YES❑ NO❑ DRIVEN IN BY
INVENTORY AND CONDITION OF VEHICLE WHEN TOWED-IN
DOORS AND TRUNK: LOCKED❑ UNLOCKED ❑ KEYS IN CAR ❑ KEYS IN PROPERTY ROOM ❑ OTHER
(USE CONDITION SYMBOL I-FOR EXCELLENT - 2-GOOD - 3-FAIR - 4-POOR - 5-CONSTRUCTIVE TOTAL)
✓ DAMAGED CONDITION ✓ DAMAGED CONDITION ✓ DAMAGED CONDITION
FRONT END ENGINE SPARE TIRE
LF '/. RADIATOR LR TIRE
LF DOOR ALTERNATOR RR TIRE
LR DOOR BATTERY RF TIRE
LR '/. A/C LF TIRE
REAR END RADIO GLASS
RF '/. TAPE DECK
RF DOOR HUB CAP
RR DOOR WHEEL COVER
RR 'A DRIVE TRAIN
HOOD JACK
TOP TOOLS
REAR LID GASOLINE
REMARKS
(USE SUPPLEMENTARY REPORT FOR ANY DETAILS NOT LISTED ON THIS PAGE)
DESCRIBE ANY PERSONAL PROPERTY LEFT IN VEHICLE
PERSONAL PROPERTY: REMOVED BY OPERATOR ❑ IN PROPERTY ROOM ❑ OTHER
-------- --pf---------------------------------------------
---- DATE :�f3l�� TIME
REPORT MADE BY
----------------------------------------------------------------------------------
THE ABOVE VEHICLE HAS BEEN RELEASED TO ME AND I FOUND IT'S CONDITION TO BE AS INDICATED ABOVE.
SIGNED DATE TIME
LTOC/ r! L
CITATION POLL94-UP LGN/
CITATION NO. � '%/� DATE ..' ��� �7 fr /7`S/ TIME
DOB/
DEFENDANTT
ADDRESS_
LOCATION OF OFFENSE ^�
TYPE OF OFFENSE U U2 i> F
-r/ "- vt STATU'T'E/ORDINMICE
COURT DATES PROBABLE CAUSE
AA
OFFICER C- BADCT NO.—
STATE OF-MINNESOTA - County of Scott COMPLAINT ��c,
s _ 4Tc Vfi`dersigned, being duly sworn, upon his oath `nty Court City of 1 V_ 2 7 1 U
deposes and says: 1_I Juvenile Court
Shakopee
�/
,. V sf`A. venae,
on the day of 19 jc at 0/ C M. u❑P.M. Parent or Guardian S -0.E'1J c,Q(J5 .
/' l City f
Name r!1 DD J't GLld.,��l'l,.r�to r Address {
` state
Birth Dale—(T�— D.L. o. Ht. Wt. Sex did unlawfully [operate Ipar
License No. 19 state Mae Tra I '
,r c.No. t9 St le Make
upon a public highway to it: d t 1.(' G
located in the County and Slate aforesaid,and did then and there commit the folio g offense:
Speeding Inver limit) ( en.p.h.in m.p.h.none) THESE VIO• Slippery f (I Wet Caused In Accident
Pavement l f 1 Snow or Ice Person
O 1-10 ri h. Cl 11.15 ni h. ❑Over 15 m.p.h. LATIONSCAUSE t I Night to Dodge OPD C7 PI
ACCIDENTS Poor J CI fog or Smoke ❑ Fatal
[, No signal ❑ "U"Turn ❑ From wrong Visibility t
Improper Lelt/Right Turn 11 Snow or Rain O Pedestrian O Vehicle n
❑ Pro hibited ❑ Into wrong Zane lane
Disobeyed Traffic Signal C Past middle ❑Middle of ❑Not reached THESE Other C7 Cross ❑Vehicle ❑Vehicle
Traffic f I nnrOTlnR
twhen fight turned red) intersection intersection intersection CIRCUMSTANCES I.I Pedestrian [1 Hazardous,Endangers
Disobeyed stop Sign O Wrong place ❑Walk speed U Faster INCREASE Present
for(I.,h,n red) SERIOUSNESS OF
❑ Same Oin•clion Lile or Property
Improper. Passing O Lane g j O Cut if O No passing zone VIOLATIONS
and Lane Use straddlin L ❑Wronglane t D On hill or curve '+ Area 0 School O Park or Playground O Residential
Parking Violations: Expired Meter❑Overtime❑ N rk Z e C►�Fl r,IC Z e Fire drgnt O Key nit ion µ�lOier I ,gal Parking O No.
In Violation,*(tha Slatuta or Ordinann[Sia.No, Imo' ,(� /
Other Vista ionsls)(describe)❑ In such case made and provided and against the peace and dignity of the State nnes.t..
You are notified that the officer whose signal.,,appears below will file a sworn complaint In this Court charging you with the offense set fort above.
Subscribed and sworn 10 before me
k�/kxi
Court Appearance: day of 19 6 Ll at A.M. This day of 19_
C
... signal. f C Plainant
Court Address: 428 So. Holmes St., Shakopee, MN. 55379
1 promise to appear or call 16121 445.7750,Ext.700,the above named court,by the above date. Name �
.111'' Q
Title Badge No.anelf Department
I
TXT
L.TC./ LTV _'326.
M11-1_ER MARK DONALD
b
TO: John K. Anderson, City Administrator
FROM: Jeanne Andre, Community Development Director
RE : Contract for Construction of Huber Park Restroom Facilities
DATE: February 17 , 1984
Introduction:
The City Council has expressed a desire to terminate the
contract with Consolidated Mechanical Contractors for the con-
struction of the Huber Park restroom facilities so that the pro-
ject can be rebid when a new site is selected .
Background :
Consolidated Mechanical Contractors has been informed of the
City ' s desire to terminate the contract . It has taken them awhile
to determine their expenditures related to this project , but Dave
at Consolidated has indicated a letter outlining their costs will
be mailed to the City today and should be received by Tuesday ' s
meeting. This letter will be provided to Council Tuesday night .
Requested Action:
Move to terminate contract with Consolidated Mechanical
Contractors for the Huber Park Restroom Facilities .
SIG
TO: John K. Anderson, City Administra or
FROM: H. R. Spurrier, City Engineer
SUBJECT: Pavement Preservation and Rehabilitat ' on Policy
DATE: February 17 , 1984
Introduction:
On February 14, 1984, City Council gave consensus approval to
recommended policy for rural zones .
Background:
Now there is consensus approval on most of the Preservation
and Rehabilitation Policy.
As a result of the discussion February 14 , 1984 , I am also re-
viewing the Preservation and Rehabilitation Policy definitions
for which there is consensus approval .
The definitions which relate to Preservation and Rehabilitation
are as follows :
Frontage : The least dimension of a lot abutting a Rehabilita-
tion project ; or the lot area divided by the average platted
depth where the least dimension abutting right-of-way abutts a
Rehabilitation project , where the abutting frontage is irregular
or where individual lots have been assembled for development .
Preservation: Routine maintenance which does not improve struc-
tural capacity of the roadway such as the addition of Class 5
gravel on rural roadways , a seal coat on an urban roadway,
crack sealing or paved roadways , and patching.
Rehabilitation: Complete or partial reconstruction of roadway
elements inc u ing an overlay for ride or structure and curb
and gutter.
District : A neighborhood subdivision or similar geographic
area considered responsible for the elements of a project that
are considered to be of a neighborhood or localized benefit .
There is consensus approval for the following issues that relate
to Pavement Preservation and Rehabilitation Policy:
1 . All of the cost -of Pavement Preservation will be paid by a
City-wide levy or other revenue sources as designated by the
City Council of the City of Shakopee.
C_
2 . Rehabilitation cost shall be assessed or otherwise paid for
in a three-tiered assessment . The City shall_ special assess
25% of the cost of Rehabilitation. The balance of the cost
shall be paid for by a City-wide levy or by funds designated
by the City Council of the City of Shakopee , Minnesota.
3 . The City shall apply a credit to the assessment for Rehabili-
tation when the existing improvements fail before they reach
the design life of the improvement so long as such improve-
ments were built in accordance with City of Shakopee design
criteria addopted and in force at the time the improvement
was constructed. The depreciation shall be a straight-line
depreciation of 5% per year.
4. The City will pay 100% of the additional cost of width and
structure where the additional width and structure is
required by functional class .
5 . Only the frontage as defined above will be assessed a direct
assessment .
6 . A zone assessment will be made to the district in which the
non-assessable costs were incurred. The zone assessments
will be based on the frontage of all lots within the district .
7 . The urban area of Shakopee would be divided into the district
shown on the attached drawing. Each rural residential plat-
ted property or property which is similar in density to plat-
ted rural residential property would be grouped in separate
districts .
There remains two additional issues and a third which could be
discussed further.
The matter of treating industrial zones , the matter of additional
width or structure not required by functional class and the
third item would the the treatment of non-residential property
in the Preservation and Rehabilitation Policy.
I have several alternatives for treatment of industrial property.
They are as follows :
1 . Apply the same policy to industrial property that is applied
to residential property.
2 . Apply a similar policy to industrial property that is
applied to residential property but alter the percentage of
City participation.
3 . Continue a policy of requireing industrial property to pay
100% of the rehabilitation costs .
4. Apply the same policy to industrial property but do not
exempt the second side of this property if it abutts more
than one roadway.
The "EXTENSIVE" County Road System in Shakopee and the Industrial
Park makes the application of a resonable Rehabilitation Policy
difficult. Industries with significant frontage on City streets
are exempt from special assessment because their access is on a
County road. Other industries are penalized because they are
obliged to pay the non-assessable element of this frontage, if
the current policy were applied unchanged in the Industrial Park.
The City will have difficulty if it continues to use its present
policy of requiring that the industrial property pay 100% of the j
rehabilitation costs . The industrial property is making a sub-
stantial contribution to other rehabilitation costs by sharing j
in the levy which funds the City share.
The answer seems to lie in a modification of the definition of
frontage as it is applied to industrial property and for that
matter in a commercial property which is why this memorandum
earlier alluded to an alternative for assessing non-residential
property.
If the definition of frontage was modified so that non-residential
property,such as industrial property and commercial property,
were required to pay a front foot assessment on all sides that
abutt public right-of-way, most of the inequalities would be
eliminated.
Only the property that had single frontage on a County road would
be exempt from special assessment . A 25% assessment rate is
resonable because the City will have difficulty proving benefit
for the second frontage.
It is my recommendation that the definition be altered to include
a definition for frontage of non-residential property where the
assessable frontage of non-residential property shall be any prop-
erty abutting a City street.
Saving the best for last is the issue of constructing additional
width not required by functional class . The issues and alterna-
tives were presented in the December 16 , 1983 memorandum on page
3. The recommendation on this issue stands that additional width
or structure not required by functional class represents a conven-
iance to the abutting property, therefore , 100% of the costs
should be assessed to the abutting property as a Direct Assessment .
Recommendation:
It is my recommendation that Council reach a consensus on these
issues and direct staff to prepare a resolution establishing
C
street preservation and rehabilitation policy in accordance with
the guidelines specified above.
Action Requested:
1 . Reach consensus approval on rehabilitation policy for
industrial property.
2 . Reach consensus approval for the issue of additional width
or structure not required by functional class .
3 . A motion directing staff to prepare a resolution adopting
street rehabilitation and preservation policy as recommended
herein.
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CITY OF SHAKOPEE
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5
TO: John K. Anderson, City Administra or
FROM: H. R. Spurrier, City Engineer Y �
SUBJECT: Gene Brown Vacation Request -
DATE: February 16 , 1984
Introduction:
Gene Brown has requested that the City vacate streets and alleys
generally North of Spring St . and between Washington St . and
Shumway Street .
Background:
Sanitary sewer and electric utility lines exist in a portion of
the area which would be vacated. There is also the question
whether Spring St . is still City right-of-way. If this property
is to be vacated, easements must be obtained to allow maintenance
and eventual reconstruction of the lines . The actual location
of the lines should be surveyed and easements drawn based on the
surveys . Any surveying would have to be done prior to spring
flooding. Estimated cost of the survey and easements is $2 ,000.
Alternatives :
1 . Obtain survey quotes
2 . Order the work done by the City ' s Consultant , Suburban
Engineering, under the Professional Services Agreement .
3 . Do nothing.
Recommendation:
Alternative 2 is recommended because it would expedite this work.
Action Requested:
Direct staff to obtain a quote from Suburban Engineering and
proceed with the survey of the work if the quotation is less
than $2 ,000.
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TO: John K. Anderson, City Administrator
FROM: H. R. Spurrier, City Engineer ���
IL
SUBJECT: Shakopee Racetrack Site
Environmental Impact Statement
DATE: February 17, 1984
Introduction:
Attached is an invoice from Barton-Aschman Associates , Inc.
for professional services for the Shakopee Racetrack Environ-
mental Impact Statement .
Background:
The attached invoice is for work performed in the month of
December. It was not included in the previous payments made to
the consultant .
It is recommended that the invoice be approved for payment .
Action Requested:
1 . A motion to approve the payment of $9 , 357 . 51 to Barton-
Aschman Associates , Inc. for the Shakopee Racetrack EIS .
2 . Motion to direct staff to submit a bill to the Shakopee
Racetrack developers in the amount of $9 ,357 . 51 to reim-
burse the City for its expense in preparation of the
Environmental Impact Statement .
I
UBarton-A Etc.
820 Davis Street U M 0
Evanston, Illinois 60201
312-491-1000 Invoice Number 29166
January 12, 1984
City of Shakopee
129 East Fir3t Avenue
Shalope:e, Minnesota SS379
Attention: 11-R. Spurrier, City Engin#tr
Billing for professional services rendered frog Deceuber 3 , 1963
tiirouLh Descenber 30 , 1983 in connection with Shako,^,ee RncetracL
Environmental InPact Statement .
Staff Time $ 9 ,324 . 00
Ex crises 33 . 51-
SI Q; 29165 Y(i'v rl DVE
5321 . 03 9 ,357. 51
t h
TO: John K. Anderson, City Administ ator
FROM: H. R. Spurrier, City Engineer '
RE: Twin City Striping Invoice
DATE: February 17 , 1984
Introduction:
Attached is the invoice for the paint striping done in 1983 .
Background:
Twin City Striping was available to do striping on Holmes St .
and 10th Ave. late in 1983 . The attached invoice reflects
the correct amount of gallons and unit price and total . This
striping was done in order to collect approximately $165 ,000. 00
from MnDot .
Action Requested:
Process payment of $988 . 00 to Twin City Striping.
Tv
TWIN CITY STRIPING DATE {
4416 Highland Road
MINNETONKA, MINNESOTA 55343
NUMBER
(612) 935.8521
SH It 41
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PLEASE DETACH AND RETURN WITH YOUR REMITTANCE S • ���
DATE CHARGES AND CREDITS BALANCE
BALANCE FORWARD �sait.z .ss.,.st atFF1�SS3x s}tom `' {
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TWIN CITY STRIPING IN THIS COLUMN
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MEMO TO: Mayor and Council
FROM: John K. Anderson, City Admin.
RE: League Recommendation on
Comparable Worth.
DATE: February 16, 1983
INTRODUCTION
Several week' s ago I gave you a copy of an earlier draft
of the League of Cities recommendation on comparable worth.
Attached is the League ' s Policy on comparable worth.
BACKGROUND
The controversial elements of this Policy are those
elements that refer to marketplace requirements and operating
Labor Relations ' s Laws . City Council should probably take a
position on this Policy so that we can clarify the City' s
position with our Legislators .
ALTERNATIVES
1 ) Adopt the attached League Policy regarding comparable
worth. This alternative would allow for action at the
local level and could best be fitted to any local
budgetary constraints .
2 ) Approve the League Policy on comparable worth after
discussion and Amendments . If Council chooses to
change any items in the Policy we should be prepared
to discuss those changes at the League Legislative
Conference in March.
3 ) Take no position on the subject of comparable worth.
RECOMMENDATION
Staff recommends alternative #1 because it provides Cities
with the opportunity to react individually to the issues to
comparable worth which will certainly vary from City to City.
Moreover, it will allow a smaller community like Shakopee to
learn from larger Communities before major changes are under-
taken.
ACTION REQUESTED
Pass a motion endorsing the League of Minnesota Cities
position on comparable worth drafted by the Comparable Worth
Task Force and dated 1-31-84.
JKA/bn
COMPARABLE. WORTH--TASK FORCE DRAFT.POLICY
The League recommends that the Legislature allow a reasonable period of
time for local units of governments to address the issue of comparable worth
at the local level before mandating compliance with a state-wide program.
Cities and other local units of government are in the best position to address
possible internal salary inequities without exceeding local budget
constraints.
Comparable worth is more than a gender issue, being inextricably linked
to the proposition that positions should be classified on the basis of job
content and that wage rates for similarly classified positions should bear a
rational relationship to the changing requirements of the marketplace.
The League of Minnesota Cities supports the philosophy of pay equity on
the basis of both internal job content comparisons and external supply and
demand comparisons.
A wage structure based on job content cannot be realized, however, in an
environment where wage rates can be established either by arbitration awards
or negotiated with labor organizations operating within the allowances of the
labor relations laws.
The League recommends that legislative action be taken at this time to
facilitate and encourage local units of government to develop compensation
programs based on job content. The following principles should guide this
legislation:
Drafted by: Joel Jamnik
Committee: Comparable Worth Task Force
Date Presented: 1/31/84
Date Adopted: 1/31/84
Draft Number: 1
Priority: Page 1 of 2
I. Comparable worth programs must balance internal pay equity with
external supply and demand considerations.
2. Existing laws, which limit the power of municipal governing bodies
and managers to implement wage structures based on comparable worth, including
but not limited to collective bargaining and arbitration, must be modified
accordingly.
3. Implementation of internal pay equity programs must incorporate the
concept that decreases in pay as well as increases may be necessary.
4. Because of the costs associated with the implementation of
comparable worth, the state should make available special assistance and
funding mechanisms for program implementation.
S. Pay equity implementation should not be required to be completed in
less than a three to five-year period.
6� The state should shield or indemnify, including providing or paying
for defense costs, any city which is sued for back pay as a result of the
Implementation of the pay equity programs.
7. The state should define the goals of comparable worth, but allow
cities to choose the methods of analysis and implementation of pay equity
programs.
8. A fiscal note identifying any local government costs to be incurred
in implementing any legislation must be included.
Drafted by: Joel Jamnik
Committee: Comparable Worth Task Force
Date Presented: 1/31/84
Date Adopted: 1/31/84
Draft Number: 1
Priority: Page 2 of 2
b
MEMO TO: John K. Anderson, City Admin.
FROM: Judith S . Cox, City ClerkCl�
RE : Appointment to Energy and
Transportation Committee .
DATE: February 17 , 1984
INTRODUCTION:
On February 7th Mr. Jim Weeks was nominated to serve
on the Energy and Transportation Committee .
ACTION RECOMMENDED:
Appoint James Weeks to serve a three year term on the
Energy and Transportation Committee until January 31 , 1987 .
JSC/bn
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MEMO TO: John K. Anderson, City Admin.
FROM: Judith S . Cox, City Clerk
RE: S .P.U.C. Compensation
DATE: February 15, 1984
INTRODUCTION:
On February 7th Council directed Staff to prepare a
Resolution increasing the compensation to Shakopee Public
Utilities ' Commissioners . The attached Resolution increases
the compensation according to Council direction.
ACTION REQUESTED:
Offer Resolution No . 2222, a Resolution setting com-
pensation for Shakopee Public Utilities ' Commissioners ,
and move itsadoption.
JSC/bn
f �
RESOLUTION NO. 2222
A Resolution Setting Compensation For
Shakopee Public Utilities ' Commissioners
WHEREAS , on March 23 , 1976 , the Shakopee City Council
authorized the compensation of $100. 00 per month for the
Shakopee Public Utilities ' Commissioners ; and
WHEREAS , Council is desireous to increase the compensa-
tion to Shakopee Public Utilities ' Commissioners .
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Shakopee, Minnesota that the compensation to Shakopee
Public Utilities ' Commissioners shall be $125. 00 per month to
each Commissioner, plus an additional $25 . 00 per month to the
Chairman.
BE IT FURTHER RESOLVED that this Resolution shall become
effective March 1 , 1984.
Adopted in adjourned regular session of the City of Shakopee ,
Minnesota held this 21st day of February, 1984.
Mayor ot the City of S ac ee
ATTEST:
City Clerk
Approved as to from this day
of February, 1984.
TO: Mayor and Council
FROM: John K. Anderson, City Adm. ILL
RE : Lebens Property Agreement .
DATE: February 8 , 1984
INTRODUCTION
The City Council has heard the discussion regarding the
Property Agreement between the City of Shakopee and Melvin
and Dolores Lebens . Council had directed Staff to meet with
the Lebens to finalize an Agreement for Council action.
PORPOSED AGREEMENT
The Proposed Agreement is based upon the language
established in a similar Agreement with Gary Laurant . Those
items that have been changed have been reviewed by the City
Attorney, Mr. and Mrs . Lebens and the Building Inspector and
the Proposed Contract is acceptable to all three parties .
ALTERNATIVES
1 . Approve the Agreement .
2 . Reject the Agreement and direct City Staff to make
changes based on directives from Council .
RECOMMENDATION
Staff recommends Alternative #1 because the Document is
consistent with previous property agreements and is acceptable
to all parties . The reason the Document is back for Council
action is that to be registered and filed the City Officials
having signed the Agreement must have been authorized to do so
by formal Council action.
ACTION REQUIRED
Direct the appropriate City Officials to execute an
Agreement between the City of Shakopee and Melvin and Delores
Lebens establishing mutually agreed upon Building Permit condi-
tions that will be recorded along with the Property Deed .
JKA/bn
K
AGREEMENT
THIS AGREEMENT, made this 23rd day of January, 1984 , by
Melvin P. Lebens and Dolores M. Lebens (hereinafter referred to
as "Lebens" ) and the City of Shakopee, a Municipal. corporation
situated in Scott County, Minnesota , (hereinafter referred to
as "The City") .
WITNESSETH:
WHEREAS , Lebens is the fee owner of the premises located in
the City of Shakopee, County of Scott , State of Minnesota , legally
described as follows , to-wit ;
West 45 ' of Lot 10, Block 32 , Shakopee , according to the
Original plat of record; and
WHEREAS , there exists on said premises a two story building
located approximately 32 inches from the easterly lot line of
said premises . The lower level of said building, an existing
commercial use building, and the second story, a newly constructed
type 5N, Group R-division 3 residence, with windows along the
side of the building adjacent to the premises ; and
WHEREAS , The City desires that if a building is constructed
on the lot to the east of the premises and within five ( 5 ) feet
of the existing lot line on the premises , Lebens shall in such
event comply with U.B.C. Standards for fire resistive protections
for the openings in the residential portion of the building, as
per U. B.C. Standards at the time of construction on the adjacent
east lot .
NOW, THEREFORE, it is mutually agreed by and between Lebens
and The City as follows :
1 . That when, if ever, a building is constructed on the
lot east and immediately adjacent to the premises within five ( 5)
feet of the existing lot line on the premises , then any affected
openings in the residential portion shall be covered by Lebens
with fireproof material or an approved alternate in accordance
with U.B.C. Standards .
t ! K
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands this } day of January, 1984
VT4n . e ens
Q
Dolores a ens
CITY OF SHAKOPEE
B "7
s
And
x/_wv /,,;-4ZI -
STATE OF MINNESOTA)
)ss .
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this
day of r_� , 198 , by Melvin P. Lebens and
Dolores M.��ebens (l
o ary ublIT
g7JU"D:r*rH 8.cox
Pc•Minnesota
STATE OF MINNESOTA) Sccounty
My Com.
xp.
E 6-1789
H%i5,j N C t""N )S s . ..
COUNTY OF &GOT )
The foregoing instrument was acknowledged before me this
day of 198__T , by zL a . kaet_ � -z . and
C'1 (4141 ,,� respectively the and
the 64r Ct,din"_ ` of the City r of Shako e a municipal
r
corpor tion, on behalf of the municipal corporation.
n J JEANNE A.ANDRE
Notary Pubiic•Minnesota
Ndt�firy Public Hennepin County
My Comm. Exp.8.11187
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MEMORANDUM
TO: John K. Anderson/City Administr or
FROM: H.R. Spurrier/City Engineer
RE: Valley Industrial Blvd. S .
Public Improvement No. 1982-2
DATE: February 21 , 1984
Introduction:
Attached is Change Order No. 5 and Resolution No. 2225 for Valley
Industrial. Blvd. S . Roadway Public Improvement Program No . 1982-2 .
Background:
The attached Change Order No. 5 is required for final adjustment
of quantities . Also attached is Semi-Final Partial Estimate
Voucher No. 7 and the Certificate of Completion for the project .
It is recommended that City Council approve Change Order No. 5
in the amount of $76 . 94 and that City Council adopt Resolution No.
2225 , A Resolution Accepting the Work on Valley Industrial Blvd.
S . Roadway Public Improvement Program No . 1.982-2 .
Action Requested:
1 . Motion to approve Change Order No. 5 for Contract No .
1982-2 in the amount of of $76 . 94.
2 . Adopt Resolution No . 2225 , A Resolution Accepting Work on
Valley Industrial Blvd. S . Roadway Public Improvement Program
No . 1982-2 .
3. Approve Semi-Final Partial Estimate Voucher No. 7 , in the
amount of $1 , 179 . 22 to Valley Paving, Inc . for work on
Valley Industrial Blvd. S . Roadway Public Improvement Program
No. 1982-2 .
HRS : cah
Attachment
CERTIFICATE OF COMPLETION
CONTRACT NO, : 82-2 DATE : February 14, 1984
PROJECT DESCRIPTION: Valley Industrial Blvd . So . - Roadway
CONTRACTOR: Valley Paving, Inc .
8050-D Highway 101
Shakopee , MN 55379
ORIGINAL CONTRACT AMOUNT , , , , , , , , , , , , $ 141 , 583 . 80
QUANTITY CHANGE AMOUNT , , , , , , , , , , , , , $ - 399 . 16
CHANGE ORDER N0 , 1 THRU NO, 5 AMOUNT , , , $ 113281 . 96
FINAL CONTRACT AMOUNT , , , , , , , , , , , , , , $ 152 ,466 . 60
LESS PREVIOUS PAYMENTS , , , , , , , , , , , , , $ 148 , 654. 90
FINAL PAYMENT , , , , , , , , , , , , , , , , , , $ 3 ,811 . 70
1, 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,
Profes ional ngineer
SEMI-FINAL
PARTIAL ESTIMATE VOUCHER
Contract No. 82-2 Partial Estimate Voucher -0. 7 Period Endi.nU: December 31 , 1983
TO: Contractor Valley Paving, Inc .
Address 8050-D Highway 101 ,__Shakopee, _MN _ 55379
Project Description Valley Industrial Blvd. S . Roadway_
1. Original Contract Amount
z. Change Order No. 1 Thru No. 5 11 , 281 . 96
3. Total Funds Encumbered 152 ,865 . 76
4. Value of Work Completed $ 152 ,466 . 60
Value of Work Remaining
5. 2. 5 Percent Ret.a.inaf;e $ --3,811 . 70
$
6. Previous Payments $ 147 ,475 - 68
Percent Complete
t. Deductions or Charges -0-
8. Total $ 151 ,287 . 38 ^- 100%
Payment Due (Line 4 - Line 8) $ 1 , 179. 22
C3,i;rii l�;nT�, OF PAM."Nar
(I, We) hereby agree that the quantity and value of work, shown herein is a fair
estimate of the work completed to date.
CONTRACTOR: %�C REVIEWED BY SHAKOPEE PUBLIC
UTILITIES COMMISSION
BY: �--
TITLE:
DATE: �--- Marlager
APP VED CITY OF SHAKOPEE
Date —r
Cityn Aeer Dat
City Administrator Date sp
O ;. ., _
RESOLUTION NO. 2225
A Resolution Accepting Work on
Valley Industrial Blvd. S . Roadway
Public Improvement Program No. 1982-2
WHEREAS , pursuant to a written contract signed with the
City of Shakopee on June 25 , 1982 , Valley Paving, Inc . , 8050-D
Highway 101 , Shakopee , MN, 55379 , has satisfactorily completed
the roadway construction of Valley Industrial Blvd . S . from
County Road 83 to the East line of Valley Park 2nd Addition,
in accordance with such contract .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA, that the work completed under said
contract is hereby 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 $3 ,811 . 70.
Adopted in session of the City Council of the
City of Shakopee , Minnesota, held this day of ,
1984.
Mayor of the i y—of_S�kopee
ATTEST:
City Clerk
Approved as to form this
day of
City Attorney
TO: John K . Anderson , City Administrator
FROM: Jeanne Andre , Director , Community Development
RE: Bikeway Construction Program
DATE : February 17 , 1984
Introduction:
The Minnesota Department of Transportation has advertised
a Bikeway Constuction Program anticipating receipt of funds
from the legislature for funds for 1984 construction . This
program is a possible means of implementing bike trails as
outlined in the Shakopee Comprehensive Plan .
Background :
In our meeting with George Muenchow regarding the Bikeway
Construction Program, Mr . Muenchow recommended cooperating with
the Scott-Hennepin Park Reserve to implement the regional trail
system. After meeting with Greg Mack of the Hennepin Park Re-
serve District he indicated an interest in the program and sug-
gested he could research the possiblity of Park Reserve involve-
ment .
On February 16 , 1984 , the Hennepin Park Reserve District
voted to submit an application for State participation in ap-
proximately twelve miles of trail system connecting Cleary Lake
Regional Park and the Minnesota River in Shakopee . The appli-
cation will be strengthened if local jurisdictions through which
the trail system passes give their. support .
Through the regional park system, money has already been
allocated for acquisition of trail right-of-way. The state
also anticipates the need for some local participation in con-
struction costs although the degree of local participation has
not been set . In the past there has been a 25% local match .
Greg Mack indicates that the regional system will try to handle
the local match for construction , but the details will not be
arranged prior to the March lst submission deadline .
Attached is an overview of the Bikeway Construction Pro-
gram and a map of the route through Shakopee .
Requested Action:
Adopt Resolution No. 2223 , A Resolution in Support of the
Hennepin Park Reserve District Board of Commissioners '
Application for Bikeway Construction Funds for Construction
of Bikeways in Shakopee.
. �NhESOT
Mirlrlt'snta y y,
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To Local Units. of Government . 612-296-1650
a,`!�,. Bikeway Unit
From F.C. Marshal'1,;• Assistant Commissioner
Technical Services Division
Re MnDOT Bikeway Construction Program
MnDOT is accepting applications for proposed bikeway construction projects.
The deadline for submittal is: March 2, 1984. Direct submittals to the
Bikeway Unit, 704 Transportation Building, Nancy Mahle (612)296-1650 or
Pat Bursaw (612)296-1251. All applicants will he contacted as to the status
of their proposed project(s) .
MnDOT will be requesting $2 million per year for local road bikeway construction
at the 1984 legislative session. The request for these General Fund monies
will be included in MnDOT's Capital Budget Request for FY 1985. MnDOT is
accepting applications in anticipation of Possible approval of this request, so
as to develop a bikeway construction program for the 1984 season.
Proposed bikeway projects located on State Trunk Highway rights-of-way will
be considered separately from the grant program on local roads and the State
match will be paid for from Trunk Hiphway Finds. -
The cost-share split between state and local financial Participation has not
been determined, pending the outcome of this legislative request. Previously,
MnDOT has financed up to 75a of the construction costs and the local unit of
government has provided the balance.
Eligibility Qualifications:
*Proposed bikeway projects shall be primarily within public road rights-of-way.
*No project, the construction of which has commenced or for which a construction
contract has been awarded, is eligible.
*Engineering and right-of-way acquisition are not eligible.
*;,Maintenance and operational costs are the responsibility of the applicant.
Application Procedure:
Attached is an example of a bikeway project proposal. Prepare a project
description, location map, typical section(s) , engineer's estimate and a
resolution for each submittal. Follow the attached format.
Evaluation Criteria:
*Proposed bikeway projects must provide an identifiable transportation-related
function and benefit.
*All projects will be evaluated using the MOOT Bikeway Design Manual,
(available for purchase from MnDOT, B-20, Transportation Building) .
*Proposed bikeway project will provide bikeway system continuity.
*Proposed bikeway project will enhance the safety for bicyclists, pedestrians
and motorists.
*Proposed bikeway project will be initiated or supported by the road authority
responsible for its operation and maintenance.
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RESOLUTION NO. 2223
A Resolution In Support of The Hennepin County
Park Reserve District Board of Commissioners '
Application for Bikeway Construction Funds
for Construction of Bikeways in Shakopee
WHEREAS , the City of Shakopee has included in its Comprehensive
Plan a designated Regional Trail following the abandoned Chicago
Northwestern rail right-of-way; and
WHEREAS , Scott County and the Hennepin County Park Reserve
District were unable to acquire the necessary right-of-way to
implement this plan and an alternative trail route has been
proposed which enters Shakopee from the east along County Road
17 , proceeds west until reaching County Road 14 , follows County
Road 14 west to County Road 17 , proceeds north to Tenth Avenue ,
proceeds west on Tenth Avenue to Lewis and then South on Lewis
until reaching the River ; and
WHEREAS , the Metropolitan Council allocated acquisition funds
for the purchase of this Scott-Hennepin Regional Trail System; and
WHEREAS , The Minnesota Department of Transportation is
proposing to the State legislature the funding of a Bikeway
Construction Program to fund bikeways primarily within the public
right-of-way to be constructed in 1984 and is now accepting
applications in anticipation of receipt of funds ; and
WHEREAS , the Hennepin County Park Reserve District Board of
Commissioners intends to submit an application to request funds
for the construction of approximately twelve miles of the regional
trail system connecting Cleary Lake Regional Park with the Minne-
sota River in Shakopee :
NOW THEREFORE BE IT RESOLVED by the City Council of the City
of Shakopee that it offers its support for the proposal of the
Hennepin County Park Reserve District Board of Commissioners
for funding under the proposed Minnesota Department of Trans-
portation Fiscal Year 1985 Bikeway Construction Program to
construct bikeways in Shakopee along the revised regional trail
route .
Adopted in session of the City
Council of the City of Shakopee , Minnesota , held this
day of 19
ATTEST: Mayor of the City of Shakopee
City Clerk
Approved as to form this day of
19
City Attorney
MEMO TO: John K. Anderson, City Admin.
FROM: Judith S . Cox, City Clerk
RE : Raffles
DATE : February 17 , 1984
INTRODUCTION:
On February 7th, the City Council directed the prepara-
tion of an ordinance which provides that no gambling or bingo
is permitted on premises licensed to sell beer or liquor; and
which also allows raffles to be conducted on premises not owned or
leased by the licensee .
ACTION REQUESTED:
Offer Ordinance No. 143 , AN ORDINANCE OF THE CITY OF
SHAKOPEE, MINNESOTA, AMENDING CHAPTER 6 ENTITLED "OTHER
BUSINESS REGULATION AND LICENSING" BY REPEALING SUBDIVISIONS
7E of Section 6 . 32 AND BY ENACTING A NEW SUBDIVISION 7E of
Section 6. 32 ENTITLED "ELIGIBLE PREMISES" AND BY ADOPTING BY
REFERENCE SHAKOPEE CITY CODE CHAPTER 1 and SECTION 6 . 99 ,
WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS , and
move its adoption.
JSC/bn
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ORDINANCE NO. 143
Fourth Series
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 6
ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY REPEALING
SUBDIVISIONS 7 E of Section 6.32 AND BY ENACTING A NEW SUBDIVISION
7 E of Section 6.32 ENTITLED "ELIGIBLE PREMISES" AND BY ADOPTING BY
REFERENCE SHAKOPEE CITY CODE CHAPTER 1 and SECTION 6.99, WHICH AMONG
OTHER THINGS CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF SHAKOPEE ORDAINS:
SECTION I: REPEAL
Subdivision 7 E of Section 6.32 of the City Code is hereby repealed.
SECTION II: A new Subdivision 7 E Section 6.32 entitled "Eligible Premises" is
:.{opted as follows:
No gambling device or bind;; is permitted on any premise=s coverc.-d by regular
commercial license to sell intoxicating or non-intoxicating beverages on rale.
Raffles to be conducted by licensed organization may be held on premises not owned
or leased by such organization as provided in MSA 349. 26 (14) .
SECTION III: Penalty Provisions adopted
Shakopee City Code Chapter 1 entitled 1°General Provisions and Definitions
Applicable to Lhe Entire City Code Including Penalty Provisions" and Section 6.99
entitled "Violations a Petty ;Misdemeanor" are hereby adopted in their entirety by
reference as though repeated verbatim herein.
SECTION IV: When in Force
This Ordinance shall be published once in the official newspaper of the City of
Shakopee and shall be in full force and effect on and after the date of such public-
ation.
Adopted by the Shakopee City Council this day of 1984.
ATTEST: Mayor of the City of Shakopee
City Clerk
Prepared and approved as to form this 16th day of February, 1984.
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