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HomeMy WebLinkAbout04/03/1984 MEMO TO: Mayor and Council FROM: John K. Anderson, City Admin. RE: Non-Agenda Informational Items . DATE : March 29 , 1984 11 All Council Members were called regarding the Utility Commission appointment . MS 412 . 341 says that the Utility Commission is limited to three members ; therefore , Council will have to chose between the two candidates . 21 The City' s Mediation Session was held on March 26 , 1984 at 9 : 00 a.m. at the Courthouse . The issues discussed at the Mediation Session did not change from those discussed at the Council level and during the last two negotiation sessions I held with the Police . After 1-1/2 hours with little or no progress over the Police Department ' s request for a change in the vacation schedule , the mediator recommended that we file for arbitration. Both the mediator and Cy Smyth, our Labor Consultant through the League of Cities , feel the Police will settle before arbitration be- cause they do not have a very strong position. I will keep you posted on future developments . 31 Cable news . The FCC has granted approval for the color- weather radar. WCCO expects the system to be operational by the end of March. ZU has ordered the equipment they need from WCCO and everything has arrived except receivers to be installed in Chaska . 41 Judy Cox received a call from a resident who was opposed to the free swimming pool pass and free lessons if`-the numbers taking advantage of this privilege increase during 1984. We have made a note to check with George at the end of the pool season to see how 1984 statistics compare with 1983 . We will provide Council with these numbers so that you can see what happened. 51 Attached is the Monthly Calendar for April , 1984. Because of the press of Racetrack activity I suggest Council Members hold open the 10th and 24th. In addition, the Planning Commission may be considering a Work Session possibly on the 12th or 19th with owners in the Industrial Park to review zoning and site plan controls for the whole area. Please keep those dates open too if you can. 61 Attached is a memo from LeRoy Houser regarding the City' s yearly building meeting with contractors and builders . Please note that we received no negative feed-back from the builder ' s present . Non-Agenda Informational Items Page 2 March 29 , 1984 71 Attached is a memo from LeRoy Houser regarding the status of Shakopee ' s Hazardous Waste Processing site . The memo is in reference to a MWCC hearing on a heavy metal recover- ing facility. 81 Attached is a letter to the Mayor regarding water samples conducted on Shakopee ' s City wells number 3 and 4. The samples showed that there was no pollution by organic or petroleum based pollutants in either well . 91 Attached is a letter from Tom Brownell regarding Jack' s by the tracks . 101 Attached is a letter from Senator Bob Schmitz regarding the freezing of the Government Aid Formula for 1985 . 11 ] Attached is a letter from Senator Rudy Boschwitz regarding Cable Communications Legislation at the Federal level . 121 Attached is a letter from Senator Dave Durenberger regarding the Cable Telecommunications Act of 1983 . 13 ) Attached is a copy of SPUC Resolution 272 regarding factors used in the determination of the contribution from SPUC to the City of Shakopee in lieu of taxes . This is the calcula- tion as per the joint SPUC-City Council Meeting held early in 1984. Attached are the minutes of the SPUC Meetings from February 6th, February 16th, and March 5 , 1984. 14] Attached are Downtown Ad Hoc Committee Meeting of March 14, 1984. 15 ] Attached are the minutes of the Cable Communications Advisory Committee Meeting from March 5 , 1984. 16 ] Attached is a letter from Congressman Bill Frenzel regarding H.R. 4103 , the Cable Telecommunications Act of 1983 . 17 ] Attached is the Tentative Agenda for the Board of Adjustment and Appeals and Planning Commission. JKA/bn 00 CQ N H CD c7 O A H Ln N 0) p ,+ N 4-1 OG ro •t-: tn(n a a a, A. rq CkoV) E< E0O GO --, o vroc� � WHA �t n 00 }� N co � � O a � U Oro U 12. o u >~ O • 4 Q' Qr\ aH � •tea .�, a H � GO U >, GO U U a\ •� O U U � N 0) D co O �--i CV m }-i 11 , Q) E >, E Co v a Q. a C) o a UO ems, v —4 C l� •• p .. .,a • U1.0 ocU Q1� CO 17 N (7) � N N d _A c rn MEMO TO : John K. Anderson, City Admin. FROM: LeRoy Houser, Building Inspector RE : Yearly Building Meeting. DATE: March 20, 1984 Our annual Building Codes Update Meeting was held at the K-C Hall on 3/15/84. It was sponsored jointly by the City of Shakopee , City of Savage and Scott County. We had about 40 Builders attend. Duane Grace from the Building Codes Division put on the majority of the program explaining the new energy code requirements . We asked for input from the Builders to identify problems they are having with any of the Sponsors , Engineering, Planning, and Building Departments . They stated they have had no problems of any consequence in the last year. I think this yearly get-together is an important and necessary function on our part , it alerts "us and them" to potential problem areas before they develop into a hard-to-handle situation that generates ill will and bad feelings . I sincerely hope you will continue to support our yearly meetings with these Builders and Developers . LH/bn .a MEMO TO: John K. Anderson/City Administrator FROM: LeRoy Houser/Building Official RE: MWCC Hearing on Heavy Metal Recovery DATE: March 19 , 1984 Introduction: At your request , I attended the public hearing at Hennepin County Government Center on March 15 , 1984. Background: The hearing consisted of a presentation put on by MRC (Metropoli- tan Recovery Corp. ) . Their process is designed for the metal platting and circuit industry. It removes heavy metals from the rinse process and collects and recycles them. The sludge or residue that is non- recyclable then goes to a landfill . MRC is in the site selection process right now. Shakopee was one of four locations MWCC gave to MRC as "preferrd areas" . No decision to locate in any specific area has been made as yet . `The major problem MRC has now is they have requested MWCC to help finance construction. They were told there is no legal. basis at this time for MWCC to help fund any private industry. I questioned MRC ' s director as to whether or not there was a market area and is there enough waste in the market area to make such an operation economically viable or ( 1 ) will the metro area taxpayers have to subsidize the shortfall or ( 2 ) will you have to bring waste in from other states to process to make it viable: He assured us there was enough of a market right now with the industry contacts they have already made to provide a breakeven situation anu unuer no circumstances would they have to bring in waste from other states . The alternative to processing the waste water from these two industries is in-house nuetralization. It is very expensive and requires considerable maintenance. In the past , in-house treatment results in the same type problem we had with Ton Circuits . When maintenance is required, they neglect it and instead of in- house treatment , they resort to backdoor dumping. I think the process under competent management is the best solution offered so far to reduce the amount of heavy metals being discharged into our sewer and waterways . The process discharges no pollutants into the air or waterways and it appears to cause no harm to the environment . Conclusion: I don' t want to infer that I endorse the facility for Shakopee . I do think it would be more appropriate to centrally locate the facility to their supply source, which we are not . However, if we are selected and all systems are go, I don' t think we have too much to fear, especially since they still have to comply with the local permit process . Action Requested: None at this time . LH: cah minnesota department of health 717 s.e.delaware st. p.o.box 9441 minneapolis 55440 O (612)6235000 March 7, 1984 Honorable Eldon Reinke 129 East 1st Avenue Shakopee, Minnesota 55379 Dear Mayor Reinke: Enclosed are the results of analyses conducted on samples collected February 13, 1984 from the City's Wells Nos. 3 and 4. The samples were analyzed for the presence of volatile organic chemicals, and the results indicate that none of these chemicals were detected. The sampling was done as part of a statewide volatile organic survey being conducted by the Minnesota Department of Health. If you have any questions, please contact Richard Clark at .612/623-5227. Sincerely yours, Sister Mary Madonna Ashton Commissioner of Health SMMA:RDC:l g l Enclosure cc: Rep. Chuck Dimler Senator Robert J. Schmitz D. Engstrom, Metro District Louis Van Hout, Water Supt. an equal opportunity employer at,!' CGllected ORGANIC CHEMISTRY UNIT 101 A ected Byh�s��w.. 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E JZJhJ ~ U) Nr+ CI (') JU] U •+ .4Z •+ N Iz w OF- 1aJ0D I I: -+ ZWJ . - . , Ir - 2 ,-+ I _ W - 4 r� <Lt11mh VZ U > UZQ -.+ U +-4 -4riN •-+ - UUN - - rL - - C^ LL i City of Shakopee POLICE DEPARTMENT 476 South Gorman Street SHAKOPEE, MINNESOTA 55379 Tel. 445.6666 March 23, 1984 Jackson E. Chilquist Jack' s By the Tracks 220 2nd Avenue West Shakopee, M. 55379 Dear Mr. Chilquist: It has been brought to my attention that you are permitting minors, persons under the age of nineteen, to frequent your establishment when not accompanied by a parent or legal guardian. City Code 5.15 Subd. 6 , clearly prohibits this activity. Please be advised that your license could be in jeopardy in the event further violations are brought to my attention. Sincerely, Thomas Brownell Chief of Police cc City Council TB:pm go =S- E'LVE «O L-Pzotect + t ROBERT J. SCHMITZ Senator 36th District 6730 Old Hwy. 169 Blvd. Jordan, Minnesota 55352 Office: Senate 235 State Capitol St. Paul, Minnesota 55155 _--Senate Phone: 296-7157 State Of Minnesota March 20, 1984 Mr . John K . Anderson City Administrator City of Shakopee 129 E . First Avenue Shakopee , Minnesota 55379 Dear John : Thank you for your letter and the unanimously passed Resolution No. 2230 recommending that the State of Minnesota Local Government Aid Formula be frozen for fiscal year 1985 . The Local Government Aid Formula has caused much dis- cussion and debate over the years . Currently the Legislature is considering a joint study commission consisting of five members of the Senate and five members of the House during the interim to seek out a reasonable solution to this most difficult issue . I read with great interest the League of Minnesota Cities legislative bulletin where the delegates to the League Legislative Action Conference agreed on a major amendment calling for a 6% increase in funding for all cities in 1985 . I will support this request and solicit other suggestions you might have . Sincerely, ROBERT J . SCHMITZ RECr-!V F J Chairman Local & Urban Government Committee MAR 2 21934 RJS/st COMMITTEES - Chairman, Local and Urban Government • RUICS and Administration - Finance - Transportation - Veterans and General Legislation RUDY BOSCHWITZ MINNESOTA COMMITTEE ASSIGNMENTS AGRICULTURE BUDGET FOREIGN RELATIONS SMALL BUSINESS 'Waif ea z1af ez Zet,raf a VETERANS AFFAIRS WASHINGTON, D.C. 20510 March 15, 1984 RECEIVED MAR 19 1984 Mr . John Anderson City Administrator CITY OF SHAKOPEE 129 East First Avenue Shakopee , Minnesota 55379 Dear John : Thanks for contacting me about the Cable Telecommunications Act (S. 66) . I appreciate hearing from you on this issue. The full Senate took up consideration of S . 66 on June 13 and 14 and approved it by a vote of 87-9. In my opinion , even with the adopted amendments and the committee changes , the bill is inadequate. I believe it takes too much control away from the local communities and transfers it to the federal government and the cable companies . In keeping with my position as an advocate of local control , I voted against S. 66. Several amendments were offered to S. 66 . Two amendments that I believe would have improved the bill were defeated. One amendment would have disallowed an automatic , annual rate increase by cable companies. The second amendment proposed "grandfathering" into the bill all previous cable agreements. In spite of amendments I offered with Senators Lautenberg (D-New Jersey) , Exon (D-Nebraska ) , and Durenberger , we were not able to produce a final bill that I could support . As it now stands, the local communities will have their authority abrogated through this legislation. Cable telecommunications legislatio. is currently pen-ling in the house Energy and Commercrl committee on Telecommunications . You may be assured I will fothis legislation closely and will continue to do everythi my power to give local governments control over cable Ianchises. Thanks for your interest ir4this matter . ncerely, 01 t Rudy Bo chwitz United States Senator RB/mc DAVE DURENBERGER MINNESOTA ,Z Cnif eb Zf c ttez ,Sencxf e WASHINGTON, D.C. 20510 March 20 , 1984 NEAR 2 6 1984 John K. Anderson CITY CF City Administrator 129 East First Avenue Shakopee , Minnesota 55379 Dear John: On June 14 the Senate gave its overwhelming approval to S. 66 , the Cable Telecommunications Act of 1983 , by a vote of 87-5 . As one who voted for S. 66 as the best feasible program for local governments, I am happy to say that significant improvements were made to the bill during its consideration on the Senate floor . S. 66 gives the Federal Communications Commission exclusive jurisdiction over cable telecommunications , preempting State and local authority to freely negotiate cable franchise agreements and regulate cable rates. The legislation is designed to create a national policy framework for the development of this new medium primarily by removing areas of uncertainty for would-be cable investors. The bill provides for a process of franchise renewal similar to that governing television broadcasters , and in the event renewal is not granted, it requires that the operator be paid the fair market value of the system. S. 66 also deregulates cable services, a move intended to allow cable operators to compete effectively with other telecommunications media. In one of the more controversial aspects of the bill, franchise authorities will be prohibited from specifying cable programming in franchise agreements or, afterwards, regulating its cost to consumers. However. , in another important respect -- the specification of cable facilities and equipment -- S. 66 allows State and local franchising authorities to continue their central role . The right to negotiate such matters in the franchise process will give local governments the power to determine the physical nature and configuration of their cable systems . Indeed, to the extent that the bill spurs interest in cable investment , local officials may find greater latitude in negotiating the installation of systems, and greater access to the cable capabilities essential to attracting high-technology growth and development to their jurisdictions. A number of public officials , in Minnesota and elsewhere, have expressed concern over S. 66. Accordingly, I voted for the legislation only after helping to secure several changes which, as your Senator and as Chairman of the Subcommittee on Intergovernmental Relations, I felt would significantly improve S. 66 from the perspective of local governments . Along with John K. Anderson March 20, 1984 Page 2 Rudy Boschwitz and other concerned Senators, I worked with Commerce Committee Chairman Bob Packwood to bring about the following changes: Enforcement . My amendment to section 613 (d) deleted the operator ' s right to unilaterally abrogate negotiated commitments to provide specified facilities and equipment. An operator will now have to prove that a "significant change in circumstances" has made the provision of the facilities and equipment impracticable before a local government is required to negotiate over the change in the agreement. The amendment will also mandate binding arbitration when such negotiations fail , and will thus preserve the local character of the disputes resolution process. Franchise Renewal . Two changes were made to section 609. First , the provision prohibiting a franchise authority from considering competing applications was dropped after a number of us expressed concern over its anti-trust implications . And second, under one of several amendments sponsored by Senator Lautenberg and supported by Senators Boschwitz , Exon and myself , the requirement for judicial de novo hearings on decisions to deny franchise renewal will not apply where an operator has been given a hearing consistent with accepted administrative procedures. Rate Regulation . The key change to section 607 involved dropping the proposed 5 percent floor on the annual increase in service rates. Under the amendment , rates may rise in accordance with the annual increase in the regional Consumer Price Index. Also, basic service rates would continue to be regulated within the "B contour" if 80 percent of the households for which cable was available subscribed to the system. Access . This amendment to section 614 will allow franchise authorities to specify access to public and educational programming as well as to government programming which already was allowed under the bill . Frankly, I doubt that these changes will satisfy everyone . I 'm not satisfied myself , but S. 66 still has a long way to go before becoming law. First, it must be passed in the House of Representatives, and then it must go through conference committee before coming back to the Senate for final passage. By voting for this bill on the Senate floor, I have helped to secure essential changes in the legislation while retaining the good will of Chairman Packwood and others , keeping me in a strong position to represent your concerns in the days ahead. John K. Anderson March 20 , 1984 Page 3 Again, I believe we have made important progress toward improving S. 66, and intend to continue my efforts in this regard. In the meantime, as always, I welcome your thoughts and comments. Sinc y, Dave renberger United States Senator DD/djm RESOLUTION #272 A RESOLUTION CLARIFYING FACTORS USED IN THE DETERMINATION OF THE CONTRIBUTION FROM THE SHAKOPEE PUBLIC UTILITIES COMMISSION TO THE CITY OF SHAK.OPEE IN LIEU OF TAXES WHEREAS, rPhe Shakopee Public utilities Commission and the Shakopee City Council did meet in joint session and did agree on the classification of factors in the determination of the annual contribution as described in Shakopee Public Utilities Commission Resolution #193, THEREFORE, BE IT RESOLVED, that the calculation shall be as follows: GROSS SALES: ELECTRIC: WATER: Residential Electric XX Residential Water Heating XX Rural Sales XX Rural Water Heating XX Commercial Sales XX Customer Penalties XX Power Adjustment XX Water Pumping XX Water Sales _ XX Total Gross Sales XX XX COST OF ENERGY: Wholesale Electric XX Power for Pumping XX Total Cost of Energy XX XX Gross Margin XX XX Times 23.77% .2377 .2377 Payment to City XX XX Passed in adjourned regular session of the Shakopee Public Utilities Commission this 15th day of March, 1984. President: Wallace Bishop ATTEST: Barbara Men en, Commission Secretary MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION (Regular Meeting) The Shakopee Public Utilities Commission convened in regular session on February 6, 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 Super- intendent Leaveck, Manager Van Hout, Liaison Wampach and Secretary Menden. Motion by Kirchmeier, seconded by Cook that the minutes from the January 9, 1984 regular meeting be approved as kept. Motion carried. BILLS READ: , City of Shakopee 20,032.00 Auto Central Supply 11.43 Battery Tire Warehouse, Inc. 33.31 Bergerson-Caswell, Inc. 8,165.00 Border States Electric Supply Co. 549.80 Burmeister Electric Co. 668.35 City of Shakopee 759.00 City of Shakopee 1,800.88 Clay's Printing Service, Inc. 39.25 Department of Natural Resources 250.00 Dunnings Hardware 8.05 Graybar Electric Supply 662.85 H & C Electric 69.78 Hagen Systems, Inc. 1,054.00 Howe, Inc. 45.00 IBM 87.00 Krass, Meyer, Kanning and Walsten 112.50 Lathrop Paint Supply Co. 10.42 Locators and Suppliers 29.21 Minnesota Municipal Utilities Association 170.00 Motor Parts Service 58.12 North Star Waterworks Products 29.46 Northern States Power Co. 233,320.98 Northern States Power Co. 988.93 Northern States Power Co. 66.50 Northern Power Products Co. 26.70 Northern States Power Co. 293.26 Northwestern Bell Telephone Co. 234.40 Pitney Bowes 79.50 Reynolds Welding Supply Co. 6.36 Sentinel Soap and Chemical, Inc. 67.00 Serco 56.00 Shakopee Services 18.00 Software Consultants, Inc. 75.00 Shakopee Cable TV 340.00 Starks Cleaning Services 25.95 Shakopee Public Utilities Commission 291.05 Suel Business Equipment 67.86 Valley Industrial Propane 11.41 E Water Products Co. 2,901.20 Wesco 401.83 Wilensky Truck and Equipment Co. 31.35 A T and T 134.86 Bills Toggery 61.50 Shakopee Hardware 51.76 Minnesota Municipal Utilities 3,766.13 Lou Van Hout 47.50 Motion by Cook, seconded by Kirchmeier that the bills be allowed and ordered paid. Motion carried. Manager Van Hout gave a report on the repairs to Well #3 and the costs involved. The Trunk water charges for 1984 were discussed. Motion by Kirchmeier, seconded by Cook to offer Resolution #270 A Resolution Adjusting the Fees under the Trunk Water Policy Resolution. Ayes: Commissioners Bishop, Cook and Kirchmeier. Nayes: none. Resolution passed. Motion carried. The Connection charge schedule was tabled until the next meeting. The status of the office remodeling was discussed. The final stages of the remodeling are being prepared by Office Interiors. Motion by Cook, seconded by Kirchmeier to offer Resolution #269 A Joint City of Shakopee and Shakopee Public Utilities Resolution Establishing A Policy for Removing Excess Snow from Fire Hydrants. Ayes: Commissioners Bishop, Cook and Kirchmeier. Nayes: none. Resolution passed. Motion carried. Motion by Bishop, seconded by Kirchmeier to offer Resolution #268 A Resolution to Repeal Resolution #260 and Adopt New Personnel Policies for Employees of the Shakopee Public Utilities Commission. Ayes: Commissioners Bishop, Cook and Kirchmeier. Nayes: none. Resolution passed. Motion carried. The resolution to be drawn on the interest allocation to various funds will be drafted for the next regular meeting. Manager Van Hout presented the dates for the Legislative roundup in St. Paul. The Commission plans on attending. The status of the Racetrack and the involvement of the Shakopee Public Utilities Commission was presented briefly by Manager Van Hout. The developers will be advised of the approximate costs for the installation of the lines for the service to the racetrack. There was one new plat to be presented to the Commission. The location of the PrahmColl Plat was presented by Manager Van Hout. Superintendent Leaveck reported 3 fire calls for a total of 2 hrs. and 24 minutes for the month of January, 1984. There were no lost time accidents for January, 1984. l,3 Gary Laurent, Dan Steil and Jean Andre were present to discuss the goals of the downtown redevelopment Committee and the involvement of the Shakopee Public Utilities Commission. Motion by Cook, seconded by Kirchmeier that the meeting be adjourned. Motion carried. The next regular meeting will be held on March 5, 1984 at 4:00 P.M. for payment of the bills. The adjourned regular meeting will be held on March 15, 1984 at 4:30 P.M. in the Utilities meeting room. 1 Barbara Menden, Secretary i MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION (Special Meeting) The Shakopee Public Utilities Commission convened in special session on February 16 , 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. The purpose of the special session .is to discuss the water availability for the PrahmColl plat. Motion by Cook, seconded by Kirchmeier to allow the PrahmColl Cororation to tie into our 12" watermain at the east of their property,within the 1K foot easement that the City has paralleling Fourth Avenue with the understanding that it be written up into the property description that the PrahmColl Corporation is still responsible for their normal share, of the assessments for installation of the 12" watermain on Fourth Avenue. This allowance will be done according to a Resolution put together by staff and proposed to the Commission at a latter date. Motion carried. Motion by Cook, seconded by Kirchmeier that the meeting be adjourned. Motion carried. Lou Van Hout, Manager MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION (Regular meeting) The Shakopee Public Utilities Commission convened in regular session on March 5, 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 and Kirchmeier. Also Superintendent Leaveck and Manager Van Hout. Commissioner Cook, Liaison Wampach, and Secretary Menden were absent. Jim Kephart was also present, BILLS READ: City of Shakopee 20,032.00 A T & T Information System 79.89 Associated Mechanical ? : .-)0 Auto Central Supply 700.00 Border States Electric Supply 55.00 C & H Carpenter Lumber 222.40 Chicago and NW Transportation Co. 1,225.00 City of Shakopee 5,568.00 Clay's Printing 85.80 Copy Equipment, Inc. 19.15 John Dellwo 99.00 Dressen Oil Company 241.62 Eiler Company 28.29 Feed Rite Controls, Inc. 186.64 Graybar Electric Supply Co. , Inc. 246.00 H & C Electric Supply 38.81 Hagen Systems 780.87 Industrial Sales and Service 679.30 Lathrop Paint and Supply 7.01 Layne Minnesota 100.42 Leef Bros. , Inc. 16.00 Malkerson Motors 29.30 Environmental Quality Board 303.05 North Star Waterworks Products 453.11 Northern States Power Co. 229,950.79 Northern States Power Co. 780.13 Northern States Power Co. 307.28 Northland Electric Supply Co. 423.14 Northwestern Bell Telephone Co. 297.97 Gene Pass 76.00 Process Measurement Company 17.09 Rick's Autq and Radiator Repair 50.00 Reynolds Welding Supply Co. 44.03 Serco 56.00 Shakopee Public Utilities Company 534.74 Shakopee Services 18.00 Dean Smith Trenching Co. 450.00 Southwest Suburban Publishing Co. 103.62 Starks Cleaning Service 17.30 1,3 Suel Business Equipment 45.63 Truck Utilities and Manufacturing Co. , Inc. 240.90 Lou Van Hout 57.02 Voss Electric Supply Co. 573.90 Water Products Co. 94.33 Motion by Kirchmeier, seconded by Bishop that the bills. be allowed and ordered paid. Motion carried. Manager Van Hout gave the Commission an update on the status of Well #3. Commissioner Bishop questioned the rusty water at the Junior High School recently. Manager Van HOut gave an update on the office remodeling. The adjourned regular meeting will be held on March 15, 1984 at 4:30 P.M. in the Utilities meeting room. Motion by Bishop,seconded by Kirchmeier that the meeting be adjourned. t6u Va Hout, Manager PROCEEDINGS OF THE CABLE COMMUNICATIONS ADVISORY COMMISSION SPECIAL SESSION SHAKOPEE, MINNESOTA MARCH 5, 1984 Chrm. Anderson called the joint meeting with the Shakopee Public Access Corp. to order at 7;00 P.M. with Comm. A beln, Harrison and Davis present. Comm. Williams was absent. Members of the Access Corp. present were Corrine McDonald, Gary Morke, Barb Hegforth, Bob Ziegler and Dennis Roske. Also present were Bill Lepley, ZU Studio Manager, and John K. Anderson, City Admr. Chrm. Anderson reviewed the Articles of Incorporation and By-Laws of the Access Corp. , with the following mentioned areas being highlighted. He expressed the exciting opportunity that is available to Shakopee residents through public access. He believes the potential for that communication medium is almost limitless, with a studio provided with $90,000 worth of video equipment. Ed Gossett arrived and took a seat at 7;13 p.m. Chrm. Anderson explained that ZU has provided a studio manager, Bill Lepley, to help coordinate the public access function of cable. He stated the Access Corp. w111 want to actively recruit members, and might be directing a group that could number in the hundreds. Chrm. Anderson added there are a lot of things involved in programming that are expensive, and the Access Corp. , as a non-profit group, will be able to write request for grants for programming if they need more money for specific projects. Comm. Harrison clarified that ZU gave a $10,000 grant to be used for access re- lated activities for the first year. Chrm. Anderson pointed out the Access Corp. will have to establish a budget, and educate themselves as to what is in- volved. Comm. A beln mentioned that participating in the workshops available is an excellent way to become educated. Chrm. Anderson diagramed the relationship between the City Council, Ad Hoc Cable Communications Committee, Cable Communications Advisory Commission, Access Corp. and ZU. He gave background on the Ad Hoc Cable Committee that was organized two years prior to the awarding of the cable franchise, and which was dissolved when ZU received the franchise. Chrm. Anderson explained that the responsibilities of the City and ZU are con- tained in the Cable Ordinance, which incorporates ZU' s proposal. The City receives 511'fo of the gross earnings of ZU, all of which is to be used for cable related ac- tivities in the City. A part of that amount will go to the Access Corp. He said ZU's proposal projected $39,000 for year five of the franchise. He explained a big part of the fee goes to staff and administration expenses which have already been spent in setting up the franchise. Comm. Harrison said ZU made $117,990 in 1983, of which the 51 fee amounted to $5,589.52• Comm. Harrison said the Access Corp. is independent in its operations. The only tie to the City is monetary and appointments. It is an outside functioning body with monetary ties to the City. Chrm. Anderson confirmed the City will not have anything to do with programming. Chrm. Anderson explained the community does not have local origination. The office manager will train and assist people in programming, but is not responsible for content. It is up to the community to take over and come up with programming. Chrm. Anderson suggested everyone read the Needs Assessment which ZU conducted at the time of the proposal, as it has a lot of good ideas in it. Cable Comm. Advisory Com. March 5, 1984 r Page 2 i Chrm. Anderson said this Commission holds some memberships that may be transferred to the Access Corp. , such as the NFLCP. Comm. Abeln said that Cannon Falls has a good public access newsletter, and they publish a library media that might be useful. The City Admr. introduced Ed Gossett as an advisor for the Explorers, who are working with cable. Mr. Gossett said he has been involved with scouting for many years. He said some of the members of his Explorers have been producing a type of news magazine for the last 3 weeks, which is aired at 6:30 p.m. Fridays and Wednesdays. He said they invested $75 and should be able to produce 12 shows. The City Admr. said if Shakopee had even three more groups like this each doing a segment, it would be off to a faster start than many communities. Chrm. Anderson said this is an ideal way to establish a network with a broad base of interests. Chrm. Anderson explained briefly how the cable system works generally and that there are two cables, the "A" cable and the "B" cable. The A cable is the sub- scriber network that hooks up each individual house. The B cable is the insti- tutional network, which goes to every church, government building and school in the City. This B cable has a two way capability within it's own network, plus the capability to hook into the subscriber network. The B cable is in place, but not hooked up yet. Along with the interconnect to Chaska, this has tremendous possibility. The City Admr. went over various items in the By-Laws. He reported the terms of the various Access Corp. board members are as follows: Morke, Roske and Ziegler have 3 year terms; Abbott and Harrison have two year terms and Hegforth and McDonald one year terms. He said the City Attorney has not yet filed the Articles of Incorporation, so it will take about a week before they are legally an organi- zation. He pointed out that there are various responsibilities contained in the By-Laws, and actions that will have to be complied with. Mr. Morke asked about an age requirement. Chrm. Anderson said there were long discussions on that item and the decision was to not require a minimum age be- cause they didn't want to restrict a very interested and talented teenager. Mr. Gossett said that because of his experience with his group, he believes there are rules governing minimum ages for officers of a corporation. The City Admr. said the City Attorney did review these documents, but it could be asked specifically. Mr. Roske asked if the Access Corp. had an attorney available for advise. The City Admr. said an attorney would not be present routinely at their meetings, but if the members have a consensus on something they want to try, the attorney can be asked for an opinion. He suggested getting some copies of the regulations concerning non-profit groups. Mr. Morke said he was concerned about the high cost to a non-profit group for membership. He said there is no way a scout troop could come up with that much money. The City Admr. said in that type of case he would assume the den mother would just purchase one membership for $3. He said the intention of this type of membership would be for the Jaycees or some larger group like that. Chrm. Anderson pointed out that you don't have to be a member of the Access Corp. to go to the studio and be trained. ZU is offering the training to anyone in the community. Chrm. Anderson said there are a lot of access groups around that would be willing to be a resource for information on forms and responsibilities. The Minnesota Cable Board is also available to answer questions by phone during the day. Cable Comm. Advisory Com. March 5, 1984 Page 3 Comm. Davis said he believes the Access Corp. is going to have to deal with the pornography issue, as far as what is allowed to go over the air waves. It will be up to them to define "community standards". There are some FCC regulations which apply. Further discussion followed. The City Admr. said it is not planned to have a staff person work with the Access Corp. , but in the initial start-up time, staff will be available to assist. Mr. Morke asked for clarification of the language regarding purpose of the Access Corp. and the prohibition against lobbying. It was thought most items could be put under informational or educational. Comm. Harrison stated the Access Corp. can feature a debate, but not endorse either side, and it cannot be a "substan- tial part" of its activities. The meeting was adjourned at 8:33 p.m. John K. Anderson City Admr. Diane S. Beuch Recording Secretary PROCEEDINGS OF THE CABLE COMMUNICATIONS ADVISORY COMMISSION ANNUAL MEETING SHAK OPEE, MINNESOTA FEBRUARY 27, 1984 Chrm. Anderson called the meeting to order at 7:35 P.M. with Comm. Harrison and Davis present. Comm. Williams arrived later, and Comm. Abeln was absent. Also present was Jeanne Andre, Community Development Director. Davis/Harrison moved to table the election of officers until all commissioners are present, and to request the present officers to continue until such time as an election is held. Motion carried unanimously. Davis/Ha rrison moved to approve the minutes of January 23, 1984 as kept. Motion carried unanimously. The Comm. Develop. Dir. said she was pleased to receive FCC approval of the 5% franchise fee before the first payment was due from ZU. Comm. Williams arrived and took her seat at 7;38 p.m. Discussion ensued regarding the possibility of expenses exceeding the budget, and the ramifications of having a larger deficit than anticipated. The Comm. Develop. Dir. said that this franchise fee payment is actually a little larger than anticipated. She said she has been requesting a separate fund for cable expenses, and she will be checking to see if a separate fund is actually required. She said this fund will always be in arrears, because the fee is received at the end of the year, for the preceding year. She said that any legitimate, unantici- pated expenses could be brought before the City Council for approval. Or if several unforeseen expenses are anticipated, an amendment to the budget could go to City Council for approval. She would check to see if City Council acted on the Commission's recommendation that the fine paid by ZU be earmarked for cable re- lated expenses. She pointed out that Year One fee is the smallest, but future years are expected to increase quite a bit. She said this fee reflects only a few months of actually having subscribers. The Comm. Develop. Dir. said she was told by the City Clerk that the Finance Director said the City has insurance coverage for City Council, staff and volun- teers. Consensus was to request a letter from the Finance Director specifically stating the extent of the Commissioners' coverage. Jim Abbott, ZU Regional Manager, arrived at 7:57 p.m. The Comm. Develop. Dir. explained some of the City Council's actions taken re- garding cable issues. She said they apparently want to see the restoration and all parts of the system complete before approving the system. She didn't think they were going against the Commission's position, but just being cautious. Discussion was held regarding the Association of Metropolitan Municipalities (AMM) policy regarding cable issues . Harrison/Williams moved to support the AMM's policy as follows; 1. The AMM urges the Minnesota State Cable Board to delay action on accepting proposals to oversee development of the regional channel 6 until viable al- ternatives can be presented. Due to the stage of development of various cable systems in the Metr000litan area, there does not appear to be a need for rushing this decision. Cable Comm. Advisory Com. February 27, 1984 Page 2 d 2. The AMM encourages creation of a commission of cable service territory commissions to submit an application for the purpose of interconnection and establishment of a channel 6 entity. These particular entities have the technical expertise of establishing operating cable systems and of creating non-profit public access corporations to oversee and operate all types of local public access. The individual CST Commissions 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 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 Beard does have statu- tory authority to designate a regional channel 6 entity. However, if legis- lation 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 interconnection of the various cable systems in the metropolitan area. Motion carried unanimously. Chrm. Anderson said the January access report was missing from the packet. Both Mr. Abbott and the Comm. Develop. Dir. said they would check on it. Mr. Abbott also requested to be sent an agenda packet each month. Discussion followed regarding moving various channels to try to fit Channel 29 on the Universal tier. Mr. Abbott said Chaska decided to put Channel 29 on the interconnect. He said for various reasons he would like to keep the channels the same in Chaska and Shakopee, although they don't have to be. Chrm. Anderson said it would probably be at least 2 years before anything happens on the inter- connect, so he would favor that placement. Comm. Harrison suggested moving broadcast channel 17 to channel 7, and channel 29 on channel 8. Discussion fol- lowed regarding taking away the prime time from the leased channel, and the pos- siblity of something going on the leased channel before the interconnect. Davis/Harrison moved to receive and approve the December 1983 Monthly Report moving Channel 15 (HBO) to 23 (AP Newswire), and 23 to 39 (Cinemerica), and moving Channel 16 (Cinemax) to 24 (C Span) and 24 to 40 (vacant), all located within the Tier I channel allocations. Motion carried unanimously. Harrison/Davis moved to recommend to City Council that Channel 29 be placed on the interconnect Channel until such time as the Interconnect is needed. Motion carried unanimously. The Comm. Develop. Dir. said the City Clerk has worked up a format to show progressive channel changes and approvals, which she will be showing to Mr. Abbott and requesting channel changes be submitted in this fashion. Mr. Abbott said he will be doing a new printing of all the channels once 29 and 41 are in place. Comm. Harrison said it appears from the Tribune's TV Week listing that the Arts Channel has programming all day long, although we only receive it at 8 p.m. after Nickolodean goes off the air. He suggested doing some channel changes to enable the receipt of the full day of Arts Channel and Nickolodean. Mr. Abbott replied that he was not aware that Arts had programming during the day and he would check on it. He did say that it didn't make sense to him be- cause of the shared transponder. Cable Comm. Advisory Com. February 27, 1984 Page 3 The Comm . Develop . Dir. asked why Shakopee was not included in the listings for TV Week out by the Minneapolis Star and Tribune . Chrm . Anderson said the format was developed long before Shakopee ' s cable system was operational . Mr . Abbott said that an ad was sold on one page for 3 years, so there isn ' t room for Shakopee cable . He said he was given to understand that when that ad contract runs out , Shakopee might receive listing . Mr. Abbott further explained it cost $4,000 in equipment to put on a new channel. He also has to get permission from both Shakopee and Chaska, together with FCC to add services. Mr. Abbott said he sent the City Clerk's memo regarding missing equipment from the studio list to the studio manager, Bill Lepley, and asked him to explain and reply. Chrm. Anderson said it appears the City Clerk's list does not include some of the approved changes and deletions in equipment that this Commission previously acted upon. Mr. Abbott said the rear projection T.V. set for the Community Viewing Center is still not available. He said the Chicago warehouse of Video Concepts was going to be checked, and if they had one it could be here in 7 days. Chrm. Anderson reported that the sub-committee working on the Institutional Net- work workshop had a meeting with Jim Sullivan, who was asked about making a pre- sentation at the workshop. He said they decided this workshop would just be for the institutional network and those interested in the school area, but not for businesses. They want'to answer the question of just what can be done with the institutional system. Chrm. Anderson said Mr. Sullivan brought up the question of why there were so many keyboards when only one place could put out programming at one time. There was considerable discussion about the meaning of the question and possible al- ternatives. Mr. Abbott said he didn't have the technical knowledge to answer this question, and would refer it to his engineer, Mr. Gauer, for explanation. Chrm. Anderson said Mr. Sullivan thought he could make a presentation for less than $1,000, but he has not yet sent a proposal back. Mr. Abbott said it is absolutely ZU's fault that the particular area of West 3rd Street was overlooked by the mappers for the company. He said that working with the railroad is impossible, and at the least very time-consuming. He said they need to use NSP poles and NSP is requiring written approval from the rail- road. He is doing everything he can to expedite the situation. Discussion followed. Williams/Davis moved to inform City Council that the Commission is aware of the situation of no cable service to an area on West 3rd Ave. , and it is the Com- mission's opinion that good faith efforts are being made by ZU to rectify the situation, and they therefore recommend no fine be imposed for this lack of service. The Comm. Develop. Dir. said she did bring up service to this area at an earlier time and informed the company that it was in the service area and should receive cable. However, she did not remember who she talked to, other than it was not Mr. Abbott, and might have been the previous manager. Motion carried unanimously. Mr. Abbott had to leave this meeting, and said he would not be present for the March 5, 1984 meeting, but the studio manager would be. Cable Comm. Advisory Com. February 27, 1984 Page 4 Discussion ensued regarding the Metro-Area Interconnection Commission's proposed Joint Powers Agreement. Comm. Davis said he is wary of the financial section where it states that expenses will be shared on an equal. basis. He thought it should be based on system size or subscriber base. The Comm. Develop. Dir. also pointed out that there was no maximum limitation. Chrm. Anderson said he is curious as to why the Southwest Cable system was not an original member of the commission. Harrison/Williams moved to table consideration of the Metro-Area Interconnec- tion Commission and direct staff to have legal counsel review the proposed Joint Powers Agreement, check with Southwest Cable to see why it did not join as an original member, and try to schedule a representative of the commission to meet with this Commission to discuss goals in further detail. Motion carried unanimously. Chrm . Anderson introduced the discussion of the annual report and asked for an opinion on the wording of the paragraph regarding the Commission ' s continual relationship with ZU . Consensus was to approve . Chrm. Anderson said he would like to see a synopsis or preamble stating briefly that during such and such a time a certain thing was accomplished or the system was a certain percentage complete or had so many subscribers. The Comm. Develop. Dir. said she and the City Clerk thought that would be a useful addition, but they couldn't get it done for this meeting. Davis/Harrison moved to direct staff to put together a preamble to be added to the 1983 Annual Report before it goes to City Council, but that it would not have to be brought back to this Commission for prior approval. The Comm. Develop. Dir. also suggested an additional sentence regarding the penalty for interconnect. Davis/Harrison moved to amend the motion to add this beginning sentence to 4b: Interconnect - The City initially determined that a penalty would be invoked for non-compliance of the interconnect.by the November 8, 1983 deadline for the system's completion. however, Motion to amend carried unanimously . Main motion as amended carried unanimously. Williams/Harrison moved to approve the 1983 Annual Report of the Shakopee Cable Communications Advisory Commission with the corrections made tonight and the preamble to be added by staff, and recommend its approval to City Counci. Motion carried unanimouly. Davis/Harrison moved to adopt the 1984 Goals and Objectives. Motion carried unanimously. Discussion ensued regarding content and procedure for the joint meeting with the Access Corp. on March 5. 1984. The following items were suggested to be added to the tentative agenda for the meeting, under No. 5, Communications Com- mission's recommendations: g) The Access Corp. take a workshop with Mr. Lepley to promote a group working situation. h) . All join the Access organization. i) Make them aware of various subscriptions available, with possibly trans- ferring this Commission's subscription of NFLCF to the Access Corp. j) Encourage them to read ZU's Needs Assessment for Access presented in their proposal, and have staff get copies for all. Cable Comm. Advisory Com. February 27, 1984 Page 5 It was suggested that under No. 3 of the tentative agenda could be added: a) Commission's point of view. b. Comments from Access Corp. members about their ideas of the purpose. Chrm. Anderson said he has a newsletter from Northwest Cable System that he can bring as an example of promoting access programming. Comm. Harrison said he is concerned with the set up and lack of care given to the disks and computer center in the library. He was requested to make a list of concerns that could be presented to the library, to be discussed next meeting. Comm. Williams informed the commissioners that she is the Cable representative on the Shakopee Coalition, and invited anyone interested to attend any of the meetings. Chrm. Anderson gave a report on the MACTA conference he attended, along with Comm. Harrison and the City Clerk. They thought it was very informative. The Comm. Develop. Dir. pointed out the information received from Mr. Herbst regarding pending Federal cable legislation. Chrm. Anderson said it is MACTA 's position that they hope neither bill gets on the floor for a vote, but he would think the City should take a stand to support the Dingell bill and be against the Wirth bill. Williams/Davis moved to recommend to City Council to adopt a resolution similar to the one enclosed with Mr. Herbst's memo of February 23, 1984 regarding pend- ing Federal cable legislation. Motion carried unanimously. Comm. Harrison said he would attempt to go to the Minnesota Cable Communications Board meeting March 9, 1984 when discussion will take place regarding the re- gional channel. Williams/Harrison moved to adjourn. Motion carried unanimously. Meeting adjourned at 10:07 P.M. Jeanne Andre, Community Development Director Diane S. Beuch Recording Secretary BILL FRENZEL MINNESOTA OFFICE: THIRD DISTRICT,MINNESOTA MAYBETH CHRISTENSEN Room 445 WASHINGTON OFFICE: 8120 PENN AVENUE SOUTH 1026 LONGWORTH BUILDING }� Q�Q� /(��qy}� }�' Q� BLOOMINGTON,MINNNESOTA 55431 202-225-2871 �jollgrezo of the �L�i`ite� �t�ltelJ 6,2_BB,_46�� J00uge of Repreantatibeg Wa4ington, M.C. 20515 March 26, 1984 j Mr. John K. Anderson City Administrator MAR 2 9 1584 City of Shakopee 129 East First Avenue CITY OF Shakopee, MN 55379-1376 Dear Mr. Anderson: Thank you for contacting my office regarding H. R. 4103, the Cable Telecommu- nications Act of 1983. H. R. 4103 was approved on November 17 by the Subcommittee on Telecommunications and is now pending before the Committee on Energy and Commerce. It is my understanding that many of the same problems that existed in S. 66, (the Senate cable T.V. bill which passed this summer), also exist in the House bill. Specifically, I have concerns about local authority over franchise renewal, rate regulation, and public access agreements. Unless these issues are resolved by the Committee, it is my intention to oppose the legislation. If the House does consider this legislation, your continued counsel would be greatly appreciated. Yours very truly, LTA Bill Frenzel Member of Congress BF:pd THIS STATIONERY PRINTED ON PAPER MADE WITH RECYCLED FIBERS f � TENTATIVE AGENDA Board of Adjustment and Appeals Regular Session Shakopee, Minnesota April 5, 1984 Chairman Perusich Presiding: 1 ) Roll Call at 7 : 30 P.M. 2 ) Approval of March 8 , 1984 Minutes 3 ) 7:35 P.M. PUBLIC HEARING (Cont. ) : Request for a 20 foot variance from rear yard setback requirements in order to construct a single family dwelling on Lot 1, Block 1, Horizon Heights 3rd Addition. Applicant: William J. Klein, 15513 Green Meadow Circle, Carver 55315 Action: Variance Resolution No. 359 4 ) 7:45 P.M. PUBLIC HEARING: Request for a variance to construct an addition to an existing detached garage nearer the front lot line than the principal building on the lot at 1789 County Road 89 ( legal description on file ) Applicant: Stanley Beireis, 1789 County Road 89, Shakopee 55379 Action: Variance Resolution No. 360 5 ) 7:55 P.M. PUBLIC HARING: Appeal to the decision of the City Administrator ' s (as required by code) decision that appellant must obtain a Conditional Use Permit to main- tain a commercial dog kennel at 9186 Boiling Springs Lane, Shakopee. Applicant: Reed Otterblad 9186 Boiling Springs Lane, Shakopee 55379 Action: Appeal Resolution No. 362 6 ) Other Business 7 ) Adjournment Judi Simac City Planner CITY OF SHAKOPEE r PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS REGULAR SESSION SHAKOPEE, MINNESOTA MARCH 8, 1984 Chrm. Schmitt called the meeting to order at 7:30 p.m. with Comm. Perusich, Stoltzman, Koehnen and Coller present. Comm. Rockne arrived later, and Comm. Czaja was absent. Also present were Judi Simac, City Planner, and Cncl. Vierling. Koehnen/Stoltzman moved to approve the minutes of February 9, 1984 as kept. Motion carried with Comm. Coller and Perusich abstaining because of their absence at that meeting. Coller/Stoltzman moved to open the public hearing regarding the request for a 20 foot variance from rear yard setback requirements to construct a single family dwelling on Lot 1, Block 1, Horizon Heights 3rd Addition. Motion carried unanimously. The City Planner said the applicant is William Klein. She said the lot was platted prior to the present code requirements of 2.5 acre minimum lot size, and is approximately one acre in size. Comm. Rockne arrived and took his seat at 7:38 p.m. The City Planner explained that the location of a drainage area across the pro- perty is the hardship affecting the placement of the garage. The City Planner said this lot was defined as an outlot in 1977 when the plat was recorded. She researched and found no mention of why it was designated an outlot. Considerable discussion followed regarding why it might have been desig- nated an outlot originally, and why it was not re-platted for this application. Chrm. Schmitt said it has been the policy of the Planning Commission that outlots are not to be built upon. The City Planner said there is nothing in the code that specifically prohibits building on an outlot, as it is a lot of record. It was determined that there is an existing house on an adjacent outlot, and a home under construction on another adjacent outlot. The City Admr. arrived and took his seat at 7:45 P.M. Chrm. Schmitt said the theory is an outlot is not a lot of record, and is treated as an unplatted parcel of property. The City Admr. pointed out that it is a lot of record with a legal description. He said another developer in town had an outlot that he built condominiums on. There was speculation that this lot was designated as an outlot because of a drainage problem. The City Planner said the City Engineer reviewed this applica- tinn and did not mention a drainage problem. Discussion continued. Coller/Perusich moved to table this public hearing and to note that the applicant is not present and there is no one else who wishes to speak to this issue, and direct staff to further research the minutes and persons involved in the original platting to determine why this parcel was designated as an outlot, and to seek a legal opinion on the definition of an outlot, and bring back the information at next month's meeting. Motion carried unanimously. Board of Adjustments and Appeals March 8, 1984 Page 2 The City Admr. said an outlot is a lot of record, and therefore you can't pro- hibit building on outlots with the present code. If the commission wants that changed, a clause will have to be added to the code regarding re-platting of outlots. Discussion followed about the difference in taxes on an outlot or a platted parcel, and staff was directed to also research how that would change if there is a change in policy. Coller/Koehnen moved to temporarily adjourn to conduct the election of officers later to enable all members to be present. Motion carried unanimously. Meeting adjourned at 8;01 p.m. Coller/Rockne moved to re-convene the meeting at 9:35 p.m. Motion carried unanimously. The City Planner opened the floor for nominations for Chairman of the Board of Adjustments and Appeals. Coller/Stoltzman moved to nominate John Schmitt as Chairman. John Schmitt declined the nomination. Schmitt/Rockne moved to nominate Joseph Perusich for Chairman. Schmitt/Rockne moved to close nominations for Chairman. Schmi L L/Coller moved Lo cas L a unanimous Lullot for Joseph Perusich for Chairman of Board of Adjustments and Appeals. Motion carried unanimously. Chrm. Perusich asked for nominations for Vice-Chair. Schmitt/Coller moved to nominate Lee Stoltzman for Vice-Chair. Schmitt/Coller moved to close nominations. Coller/Schmitt moved to cast a unanimous ballot for Lee Stoltzman for Vice-Chair of Board of Adjustments and Appeals. Motion carried unanimously. Comm. Coller requested staff to draft a letter of appreciation to John Schmitt for his years of dedication and leadership as Chairman. John Schmitt replied he thought that would be more appropriate when he leaves the Commission, and he is not leaving yet. The City Engineer commented on the unresolved issue from the William Klein vari- ance request public hearing. He showed the recorded plat. He said it was ori- ginally designated an outlot because the property was so steep, it was thought there was no way to get a road to service it. He said there was subsequently a re-platting which became Horizon Heights 3rd Addition, which revised the road allignme nt to provide access to the formerly designated Outlots A, C and D, with Outlot B remaining an outlot. The outlot in question then became Lot 1, Block 1, Horizon Heights 3rd Addition. The City Planner said that is the description that was advertised for the public hearing. Coller/Schmitt moved to remove from the table the public hearing regarding the William Klein variance request, to be discussed further at this time because there were no interested parties present at the original public hearing. Motion carried unanimously. Board of Adjustments and Appeals March 8, 1984 Page 3 Discussion ensued regarding the placement of the home on the parcel. The City Planner said the applicant indicated that because of the topography of the par- cel, this is the best siting he can get. The hardship is the property itself. Comm. Coller doesn't believe there is good evidence of the hardship. Comm. Schmitt didn't understand the placement of the house in relation to the ridge. Schmitt/Coller moved to continue the public hearing to get a clarification of the siting of the house on the parcel, to be heard at the next regular meeting. Coller/Schmitt moved to adjourn. Motion carried unanimously. Meeting adjourned at 9:50 p.m. Judi Simac City Planner Diane S. Beuch Recording Secretary TENTATIVE AGENDA REGULAR SESSION SHAKOPEE , MINNESOTA APRIL 3 , 1984 Mayor Reinke presiding 1] Roll Call at 7 :00 P.M. 2] Liaison Reports from Councilmembers 3] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 4] Approval of Consent Business - (All items listed with an asterick are considered to be routine by the City Council and will be j enacted by one motion. There will be no separate discussion of I these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) *5] Approval of the Minutes of March 13th and 19th, 1984 61 Communications: a] Larry Seymour, Mn. Dep ' t . of Natural Resources re : shoreland management b] Bill Frenzel and National League of Cities re : Status of Current Legislation Affecting Tax-Exempt IDB ' s 7] Public Hearings: None 81 Boards & Commissions : Planning Commission: a] Reconsideration of Resolution No . 2224 i b] lox Run 1st Addition 9] Reports from Staff: a] Keith Johnson regarding Off Sale Liquor License for Valley Liquors b] Appointment to Shakopee Public Utilities Commission - tbld 3/19 *c] Purchase of Stang Deluge Monitor for Fire Department *d] Purchase of Hose for Fire Department *e] Perry Cheever - Benefit Extension *f] Hiring of Temporary Employees g] Employment Agreement Renewal h] 1984 Goals and Objectives - review, discuss and approve i ] Approve Request for Proposal for Appraisal of 101 Bypass r-of-w j ] Award 1984 Curb, Gutter, Sidewalk and Driveway Apron Replacement Contract k] Award JEJ Drainage of Former Railroad Right-of-Way Contract i] Order Feasibility Report for the North-South Collector Street in Section 5-T115-R22 , Scott County, Minnesota (Res.No. 2239) m] Order Feasibility Report for the Roadway Connecting the Southerly Terminus of Valley Park Drive end CR-83 (Res No. 2240) n] Storm Water Drainage Utility (bring item 6c from 2/14 agenda) 10] Resolutions and Ordinances: None 11] Other Business: a] Worksession for April 10th at 7:00 P.M. on multi-family housing project for Downtown Redevelopment b] Worksession for May 8th at 7 :00 P.M. to meet with the Cable Communications Commission c] d] e] 12] Adjourn to Tuesday, April 10th at 7 :00 P .M. John K. Anderson, City Administrator TENTATIVE AGENDA Planning Commission Regular Session Shakopee, Minnesota April 5, 1984 Chairman Perusich Presiding: 1 . Roll Call at 8 : 00 P.M. 2 . Approval of February 9 , 1984 Meeting Minutes . 3 . Approval of March 8 , 1984 Meeting Minutes . 4 . 8:05 P.M. PUBLIC HEARING: Request for Conditional Use Permit to construct an ' fence 10 ' west of building to secure storage and a roof over the fenced in storage area at 810 E. First Ave. , described as Lot 1, Block 10, East Shakopee. Developer: Bernie Carlson, Shakoee OK Hardware, 810 E. First Ave. , Mkopee Action: Conditional Use Permit Resolution No. 361 5 . Informational Items: a) Lot Split Application D) Legal Opinion on Assessment Waiver c) Conditional Use Permit Reviews d) PCI Property e) Legal Opinion on Outlots f Update on Train De of Restoration g3 Impact on Diking a Valleyfair h) APA Conference i ) Public Hearing Date for Shoreland and Flood Plain Revisions 6 . Other Business 7 . Adjournment Judi Simac City Planner CITY OF SHAKOPEE CITY OF SHAKOPEE INCORPORATED 1870 129 E. First Ave. - Shakopee, Minnesota 55379-1376 (612) 445-3650 « rd F R n f» off TO: Shakopee Housing and Redevelopment Authority (HRA) Commissioners FROM: Jeanne Andre, Executive Director RE: Regular April Meeting DATE: March 30, 1984 Due to lack of business the regular HRA meeting scheduled for April 3, 1984 , will not be held. The Hood of Progress Vci cit An Equal Opportunity Employer PROCEEDINGS OF THE PLANNING COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA MARCH 8, 1984 Chrm. Schmitt called the meeting to order at 8;02 p.m. with Comm. Perusich, Stoltzman, Koehnen, Rockne and Coller present. Comm. Czaja was absent. Also present were Judi Simac, City Planner; John K. Anderson, City Admr. and Cncl. Vierling. Perusich/Stoltzman moved to defer the minutes of February 9, 1984 until the attorney's opinion is received regarding the waiver element in the conditions of the Prahm-Coll request for Preliminary and Final Plat approval. Motion carried unanimously. Coller/Perusich moved to re-open the public hearing regarding the Preliminary Plat of Fox Run. Motion carried unanimously. The City Planner said it is the legal opinion of the City Attorney that this type of platting process sought is legal. She went over the considerations that contained new information. Comm. Coller commented that at the public hearing there were persons present concerned with drainage, and he asked if these people were notified that the hearing was on the agenda tonight. The City Planner said she wasn't aware they were to be personally notified, but the notice of the hearing was published. The City Admr. suggested handling any questions on the plat tonight but waiting to actually approve it until next month. Discussion followed. Applicant Fred Corrigan asked about the City being receptive to granting more than one twelve month extension for the preliminary plat to be valid. The City Admr. responded that in the past the interpretation has been to allow only one extension, although it had been stretched in extenuating circumstances. He understands the intent now is to allow multiple renewals. Mr. Corrigan questioned the requirement of obtaining a right-of-way from Titus lst Addition. He wondered if that was a legal entity, or if the right-of-way can be obtained from the present property owners. Chrm. Schmitt thought it would be appropriate to have the right-of-way from the present owners. Stoltzman/Rockne moved to close the public hearing. Motion carried unanimously. Perusich/Stoltzman moved to recommend to City Council approval of the Preliminary Plat of Fox Run lst Addition, subject to the following conditions; 1. Approval of a Title Opinion by the City Attorney. 2. Cash payments be made to the city at the time of issuance of Building Permits, in lieu of park dedication. 3. Execution of a Developers Agreement for the construction of the required improvements: a. Street lighting be installed in accordance with the requirements of the SPUC Utilities Manager. b. Street improvements be made in accordance with the requirements of the City Engineer. Shakopee Planning Commission March 8, 1984 Page 2 4. Final utility and street plans be submitted with the final plat in accor- dance with the Engineering Dept. requirements. 5. Ten foot drainage and utility easements be provided around the perimeter of the entire final plat. 6. The final plat be renamed to Fox Run Ist Addition. 7. The following information be submitted with the final plat a) Topos at 2' contours at least 500 feet south of Fox Run and any other area contributing drainage, b) drainage calculation and direction of flow to the Vierling property c) Ponding capacity within the plat of Fox Run and all downstream calculations and capacities to ditch. 8. A fee dedicated right-of-way from Titus lst Addition (property owners O'Brien and Mau) to the City of Prior Lake for street construction must be submitted for Final Plat. Motion carried unanimously. Coller/Koehnen moved to direct staff to notify property owners Wayne Cronkite and Mr. Vierling, who attended and participated in the public hearing regarding Fox Run on January 5, 1984, that this issue will be heard by City Council on March 19, 1984 and also to notify them of the date for consideration of Final Plat of Fox Run and to entertain public hearing-type comments from these indivi- duals at that time. Motion carried unanimously. DISCUSSION - ORDINANCE AMENDMENT TO ALLOW HISTORIC RESIDENCES IN A B-1 DISTRICT Barry Coulter explained that he is a train buff and he is interested in the aban- doned Milwaukee and Chicago Northwestern train depot in Shakopee. Ile said he is primarily interested in preserving it, and would like to use it as his resi- dence. He is investigating its historic significance to the City and would like to retain the distinctive heritage of the building. He explained the depot is jointly owned by Milwaukee Road and Chicago Northwestern, but the property where it is located is owned by Chicago Northwestern, which has decreed that it will sell no depots for residences because of past problems it has had. He is trying to find out more about that to see if there can be a change in policy. He fur- ther explained some of the history of railroad depots in general, and the Shakopee depot in particular. Chrm. Schmitt referred him to Jack Coller, who could give him a lot of information on Shakopee history. Mr. Coulter said there is also the possiblity of using the depot for a business use, which has been done in many instances. There was some discussion about the possible moving of some rail to open up the north side of the depot. Chrm. Schmitt asked about the code as far as minimum placement of housing from railroad tracks. Further discussion followed regarding the advisability of having housing so close to tracks because of possible future problems with children or a change in rail traffic. Mr. Coulter said he is also exploring some type of cottage in- dustry use for the depot, because the baggage area could be used for that without compromising the historic significance. Discussion continued regarding re-sale value and possible restrictive covenants to satisfy the City and railroad. It was suggested it be discussed with the Downtown Committee. Consensus was the Planning Commission is willing to work within reason for any proposed use of the depot, and more research needs to be done regarding the ordi- nance as it refers to residential use and railroad placement. DISCUSSION - FLOOD PLAIN ZONE AND SHORELAND ORDINANCE REVISIONS The City Planner said if the revisions proposed are approved by the Planning Com- mission, they can be addressed in a general housekeeping public hearing to be set in the future, along with some other minor items. Shakopee Planning Commission March 8, 1984 Page 3 The City Planner indicated on a map the present and proposed floodway and flood- plain lines. There was a discussion about what businesses would be affected by these designations. Chrm. Schmitt suggested as a courtesy notifying specifically Valleyfair, Peavy and Metropolitan Waste Control of the public hearing when it is set. The City Planner said the City Engineer said this area is the only place where Shakopee's ordinance is not in conformance with DNR Comp Plan. Comm. Koehnen asked for research to find out the impact on diking at Valleyfair. Coller/Perusich moved to direct staff to organize Flood Plain and Shoreland Re- visions into an administrative, housekeeping public hearing working with State, Federal and other agencies and property owners affected, and to hold a prelimi- nary review with Planning Commission prior to the public hearing, which should be set for a separate second meeting of the month. Motion carried unanimously. INFORMATIONAL ITEMS The City Planner informed Commissioners of City Council actions on Planning Com- mission recommendations. She notified them that the appeal of the Prahm-Coll Conditional Use Permit will be held before City Council on March 19, 1984. The City Planner informed the Commissioners of the public hearing on March 15, 1984 to hear comments regarding the proposed Shakopee Racetrack. ELECTIONS The City Planner called for nominations for Chairman of Planning Commission. Comm. Coller asked if anyone wanted to volunteer, and there was no response. Coller/Stoltzman moved to nominate John Schmitt as Chairman. John Schmitt de- clined the nomination. Rockne/Schmitt moved to nominate Joseph Perusich as Chairman. The City Planner asked if there were any other nominations, and there was no response. Coller/Stoltzman moved to close nominations far Chairman. A unanimous ballot was cast for Joseph Perusich as Chairman of Planning Commission. Comm. Koehnen nominated John Schmitt for Vice-Chair, and he declined. Coller/Schmitt moved to nominate Lee Stoltzman for Vice-Chair. Coller/Schmitt moved to close nominations for Vice-Chair. Schmitt/Coller moved to cast a unanimous ballot for Lee Stoltzman for Vice-Chair of Planning Commission. Motion carried unanimously. OTHER BUSINESS Comm. Coller asked about the location of the For Rent sign for Shakopee Apts. The City Planner replied there are setback requirements for signs and Mr. Nelson was cited for a violation. Shakopee Planning Commission March 8, 1984 Page 4 Chrm. Perusich said that at his liaison meeting at Pioneer Seed, Mr. Peterson asked about the PCI property, as he and Mr. Gelt would be interested in buying back that property. Schmitt/Stoltzman moved to direct staff to investigate the status of the PCI property, and to notify the adjoining land owners if it becomes available for sale, to get it back on the tax rolls. The City Admr. indicated Scott County either owns it or controls it, and have it leased. The property was forfeited by the State because of taxes. He be- lieves there is still clean-up operations going on. Motion carried unanimously. Schmitt/Coller moved to adjourn. Motion carried unanimously. Meeting adjourned at 9:34 p.m. OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG.SESSION SHAKOPEE, MINNESOTA MARCH 19, 1984 Mayor Reinke called the meeting to order at 7:00 p.m. with Cncl. Leroux, Wampach, Lebens, Vierling and Colligan present. Also present were Julius A. Coller, II, City Attorney; Judith S. Cox, City Clerk; Jeanne Andre, Community Development Director and John K. Anderson, City Admr. Liaison reports were presented by Councilmembers. Mayor Reinke asked if there was anyone present in the audience who wished to ad- dress the Council on any item not on the agenda. Pat Pennington, representing the Jaycee Women, asked for Council help in their current project of selecting an outstanding youth. She asked each Councilmember to take some nomination forms and nominate some young people or pass it on to someone else who is in contact with youth. She explained this project is aimed at recognizing young people, in grades 9 through 12 in the Shakopee school dis- trict, who have made contributions to the community, not just athletic and/or academic performance. Leroux/Vierling moved to approve the minutes of February 29, 1984 and March 6, 1984 as kept. Motion carried with Cncl. Lebens abstaining because of her absence at those meetings. Leroux/Lebens moved to accept, with regrets, the letter of resignation of Nancy E. Christensen from the Ad Hoc Downtown Committee. Motion carried unanimously. The Comm. Develop. Dir. explained that the Downtown Committee is recommending that aerial photography be undertaken to provide basic data preliminary to drawing up design specifications for any downtown project. The optimum time to fly the project is in early spring, so therefore the Committee is recommending this aerial photography in advance of the total implementation package. Cncl. Lebens asked about discussions about the downtown businesses participating in the costs of downtown redevelopment. The Comm. Develop. Dir. explained that financing and contributions by local businesses is being studied now, but a pro- posal is not ready at this time. Some discussion followed. Leroux/Colligan moved to approve contracting with Westood Planning and Engineering to provide services for aerial flight, ground control and project coordination for the purpose of preparing an orthographic projection of the downtown project area as base data for implementation of the downtown redevelopment plan, at a cost not to exceed 750.00.. Roll Call: Ayes; Wampach, Vierling, Leroux, Colligan, Reinke Noes; Lebens Motion carried. The City Planner gave background information regarding the preliminary plat of Fox Run. She said the developer would like to have preliminary approval of 11 single family lots, but will probably come back with a final plat of two large lots. She said the preliminary plat was approved by Planning Commission with 8 conditions. Cncl. Leroux asked if there was any intention of connecting the road in this de- velopment to CR21. The City Planner said the connection is through Martindale Drive in Prior Lake. At some future time it might connect to CR42. Cncl. Leroux questioned the length of the cul-de-sac, which appears to be 3/4 of a mile long. He said policy is not to allow a cul-de-sac in excess of i mile in length. The City Admr. said this was treated as an exception, since long term plans are for a continuation of the road, so the cul-de-sac is temporary. Further discussion was held with the developer, Fred Corrigan, about the placement of the road and time plans for completing it. Colligan/Lebens moved to approve the Preliminary Plat of Fox Run lst Addition, subject to the following conditions: 1. Approval of a Title Opinion by the City Attorney. 2. Cash payments be made to the City at the time of issuance of Building Permits in lieu of park dedication. Shakopee City Council 5 March 19, 1984 Page 2 3. Execution of a Developers Agreement for the construction of the required improvementss a. Street lighting be installed in accordance with the requirements of the SPUC Utilities Manager. b. Street improvements be made in accordance with the requirements of the City Engineer. 4. Final utility and street plans be submitted with the final plat in accordance with the Engineering Dept. requirements. 5 Ten foot drainage and utility easements be provided around the perimeter of the entire final plat. 6. The final plat be renamed to Fox Run 1st Addition. 7. The following information be submitted with the final plat a) Topos at 2' contours at least 500 feet south of Fox Run and any other area contributing drainage, b) drainage calculation and direction of flow to the Vierling hin the plat of Fox Run and all downstream property, c) Ponding capacity wit calculations and capacities to ditch. 8. A fee dedicated right-of-way from property owners O'Brien and Mau, located in Titus lst Addition, to the City of Prior Lake for street construction must be submitted for Final Plat. Leroux/Colligan moved to amend the motion to limit the length of the road so that it must end at or before the proposed intersection shown on the preliminary draw- ing. Motion to amend carried unaramously. Main motion as amended carried unanimously. Leroux/Lebens moved to open the public hearing on the appeal from the Planning Commission's approval of a Conditional Use Permit for construction of a ballroom to be located on 4th Avenue East of Valley Cemetery. Motion carried unanimously. Mayor Reinke asked if there was anyone present in the audience who wished to comment on this matter. Nancy Goemer, 2525 East Fourth Ave. , said that although the area of the proposed development is zoned light industrial, the actual developed use is residential, with the townhouses, apartments and two single family homes. Therefore, she feels the residential use must be considered. She said her biggest concern is drinking traffic on the road that has no lighting at all. She said most other drinking establishments have lighting and are well populated and controlled. She believes this will create problems for the residents in the area. She feels she would have to put up outdoor lighting in their yard, in order to feel safe in their home on a Friday night, especially if her husband is not at home. She has no neighbors close to call for help. She believes it should be up to the City or developer to light up their area. Ms. Goemer said she feels her family is being put in jeopardy by the approval of this ballroom, because of the drinking traffic. She is concerned that there are a minimum of conditions on the permit. She said there is no limit on the days it can operate, which could be 7 days a week. There is no shoulder on 4th Avenue, which contributes to the danger. She believes it is generally a poor location for a drinking establishment. She would like to see more concern for the residents who live there. Herb Heffner, 331 Shawnee Trail, said he is a resident of the townhouses. He said it would seem to him that when the City allowed the contractor to build the town- houses, the well being of those residents should be considered. If the City had any idea of developing the area in the ways in which are being proposed, that should have been made clear to the residents. He feels they need the protection of the City and City Council. He said they have police protection and health protection, but what about protection for life and limb. He feels life and limb are being threatened by this proposal. Therefore, he feels City Council should seriously reconsider this proposal which seems to only benefit 2 or 3 individuals against all of the people living in the townhouses and all along 4th Ave. It would seem to him that Council has more of a responsibility to the residents than the developers who are making a request for a change in the zoning. The well being of those residents must be considered first. Jerome Sherburne, Brooklyn Park, said he owns the property adjoining to the east. He asked about access and sewer and water connections. He said there was a dis- pute about where road access and utilities would be going, as he did not agree to the developers going on this property. Mayor Reinke replied that sewer and water would be going along 4th Avenue, without crossing his property, and the access would be from 4th Avenue. Shakopee City Council March 19, 1984 j Page 3 Cncl. Colligan asked to be excused from the Council table to make a presentation for the proposal. He gave some background on the proposal to this point. He went over the elements of the development, including lighting and parking. He said they are looking at mainly catering for weddings, anniversaries and business and industrial presentations and meetings. However, they will have to open it up to the public to make it financially feasible. He commented that they probably would have been better off if they had called it a community center or something like that, as that is more like what they are operating. He would compare it to the KC Hall or the Shakopee House. He said it will be larger than the KC Hall, but they do not have a liquor license, and it will be set-ups only. They are capable of having two wedding receptions at once. It will be open to the public in the evenings, mainly Friday and Saturdays. He went over the floor plan. He said it will be built by contractors from Shakopee, except for one contractor who is spraying the ceiling for a sound barrier. He pointed out all the developers are from Shakopee. He said already he has been contacted by people and groups who are interested in renting it for ball teams, proms, school reunions, Jaycee events, business seminars and senior citizens. He named several local businesses that support the development. Melissa O'Rourke said she is a resident of Shakopee, although she doesn't live in the vicinity of the proposed ballroom. She asked for a clarification of hav- ing a $3 cover charge. Cncl. Colligan replied that the cover charge would be for the public in the evening, not to be charged to a wedding party that rented the facility. Ms. O'Rourke asked about the procedure to try to keep youths out of the parking lot. Cncl. Colligan responded that he spoke to the Police Chief about this po- tential problem. He said their solution is to have handstamping of two different colors, for over or under the drinking age. Adults would be able to go in and out of the facility without paying each time, but under age youths would have to pay to re-enter. He feels this will discourage drinking in the parking lot. Ms. O'Rourke asked for more information about the game room. Cncl. Colligan said the intent of the game room is to occupy children of people attending a reception, so they don't cause damage to the facility. He asked the City Attorney about any City ordinance regarding the presence of children in the evening. The City Attorney replied that if alcoholic beverages are not being sold, children can be present. Ms. O'Rourke asked what would keep young people from buying set-ups and mixing drinks at the table in the facility. Cncl. Colligan said there will be police in the building who will be available to minimize that situation. Ms. O'Rourke said she is very concerned about all the drinking that is done in this town. Ms. O'Rourke quoted Cncl. Colligan as saying they conducted a lengthy survey which concluded that they could survive on just private parties like weddings and anniversaries. She asked if they now changed their minds as far as opening regularly for public dances. Cncl. Colligan said they didn't want to just sur- vive, they wanted to make some money on the project. Ms. O'Rourke said people have elected the Councilmembers to consider their best interests. She said she hasn't heard many people saying there is a real need for another place to drink in Shakopee. She said it was in the paper that the de- velopers did a survey for ?5 miles around, and found reception halls were almost all booked up to 1985. She said she made one phone call to Harvest Valley, which said they could book her wedding reception with no problem for 300 people. Therefore, she questions the need for such a facility. Cncl. Colligan said many places close around are not ballrooms where you can have a nice, affordable re- ception. He said they hired a consultant to do this study which showed a need for such a place. He said this is going to be an upper class place, with a dress code for decent clothing. Ms. O'Rourke asked why to celebrate a special time we have to have alcoholic bev- erages. She said why not show young people by example that we don't have to have alcohol to have a nice time. Gene Goemer, 2525 East 4th Avenue, asked exactly who were the developers of the ballroom. Cncl. Colligan said they are the two Prahm boys, Elmer and Williard, and himself. Mayor Reinke asked if there were any more questions or comments from the audience, and there was no response. Leroux/Lebens moved to close the public hearing. Motim carried unanimously. Shakopee City Council March 19, 1984 Page 4 Mayor Reinke explained that if there was favorable consensus on the conditional use permit, then the re-zoning and preliminary and final plat items would have to be approved prior to considering the conditional use permit. Cncl. Leroux said he has faith in the desires of the developers to have an es- tablishment that would be a credit to the City. He said he doesn't consider a ballroom a place to drink. He said he considers a bar a place to drink. He said when he considers a ballroom, he considers a place to go for an enjoyable time with a large number of people. He said chances are he will have a drink or two there, but he doesn't go there to drink. And he feels that is a significant difference. He stated the residences in the area, with one exception, are all more than one-half mile away from the ballroom, so it should not have that much effect on them. He said the Goemer residence is located in an industrial zone, which they knew when they purchased the home. Not too far to the east is the I2 zone, in which a ballroom could be constructed without any hearings, except the set-up license. He said he is concerned with parking and thinks the area will have to be posted for no parking on 4th Avenue. He believes the City can look out for the people who live here and still allow proper development in the area. Cncl. Wampach said he contacted each of the persons whose names were given him by the Goemers, and he found two against and five in favor of this proposal. And he said one of the party which was against it was because of a personal feel- ing and had nothing to do with the ballroom. Therefore, he found nothing that would keep him from voting for it. Cncl. Vierling said that in discussing it with various groups, she did not re- ceive any negative comments, and some people said it was needed 10-15 years ago. Leroux/Lebens offered Ordinance No. 142, Fourth Series, An Ordinance Amending The City Code Designating Zoning in the City of Shakopee, and moved its adoption. The City Admr. summarized the ordinance. Mayor Reinke asked Mr. Siedl if he was aware that if the zoning was changed, he would not be allowed to make any improvements or additions to his residence because it would become a non-conforming use. Mr. Siedl said he understood that, and he didn't have any intentions of doing that. Roll Call: Ayes; Wampach, Lebens, Leroux, Vierling, Reinke Noes; None Abstain: Colligan Motion carried. Vierling/Wampach offered Resolution No. 2224, A Resolution Approving the Final Plat of Prahm-Coll First Addition, and moved its adoption. The City Admr. sum- marized the resolution Roll Call: Ayes; Lebens, Vierling, Reinke, Wampach, Leroux Noes; None dq Abstain: Colligan Motion carried. Discussion ensued regarding adding a requirement for no parking on 4th Avenue to the Developers Agreement. Cncl. Leroux said it is his intention to require the developers to pay for signing, because they are drawing the traffic. Cncl. Colli- gan said they are not opposed to providing signing, but he feels they are providing adequate parking area in the 5 acres. He would rather wait to see if there is a problem, and address it at that time. Leroux/Wampach moved to add to the Developers Agreement a condition that the de- velopers pay for the signing for no parking along both sides of 4th Avenue for the full frontage of their property and at least 100 feet east and west of the east and west property lines respectively. Motion to amend carried with Cncl. Colligan abstaining. Leroux/Vierling moved to authorize and direct staff to enter into a Developers Agreement with the developers of Prahm-Coll First Addition, which will include the conditions contained in Resolution No. 2224, with the amendment to include signing for no parking, and which will permit the developer to pay for special assessments due as a result of construction of improvements contained therein, according to the assessment resolution. Motion carried with Cncl. Colligan ab- staining. Mayor Reinke questioned language in the Developers Agreement referring to the construction of the sanitary sewer and possible reimbursement in the future. The City Clerk replied that there is some legal research being done right now on that issue, so this language would just leave open the possibility of future reimbursement. Discussion continued. The City Engineer spoke to the issue of Shakopee City Council March 19, 1984 Page 5 the location of the sanitary sewer on the south side of 4th Ave. because of the grade. He said this is the same kind of arrangement that was made in Industrial Park, and it seemed to be consistent with past practice. Discussion followed. The City Clerk pointed out that Mr. Seidl, the fee owner of the outlot, is only bound to the Developers Agreement as it regards the outlot. She also explained that the Ass't City Attorney suggested some language changes to enable the De- velopers Agreement to be used as a petition, to eliminate a separate document. She added the park dedication fee is figured for the 5 acres of Lot 1, Block 1 only . Leroux/Lebens offered Conditional Use Permit Resolution No. CC-358, permitting construction of a ballroom facility in a B-2 District subject to the following conditions: 1. Approval is contingent upon the applicant obtaining rezoning and preliminary and final plat approval from City Council to develop the site. 2. The applicant shall provide proof of ownership of the property to the City Planner prior to release of the building permit. 3. The applicant must provide proof of an easement for the easterly access to the site or designate an alternative second access to be approved by the City Engineer. 4. Approval is contingent upon approval by the City Planner of a site plan to be submitted by the applicant prior to issuance of a building permit. Said plan will indicate adequate buffering to the abutting residential districts and uses, lighting of parking area and walks, refuse area, parking spaces and curbing. 5. Approval by the City Engineer of a final drainage plan of the site. 6. The applicant will take adequate steps to prevent soil erosion during construction. 7. A minimum of one patrolman for general admission events for up to 200 persons; a minimum of 2 patrolmen up to 400 persons and a minimum of 3 patrolmen for 400 and above persons. 8. There will be an owner, operator or manager on site during general ad- mission hours. 9. Applicant must maintain all exterior lighting in working order and police (clean) area regularly. 10. Annual Planning Commission review of the Conditional Use Permit. The City Admr. summarized the resolution. Cncl. Colligan clarified that the patrolmen in the ballroom would be working there on their own time and be paid by the developers. Nancy Goemer said at this time she would like some additional conditions put on for their property. She said their house is too close, it is too dark, and she doesn't want to have to worry about vandals. She said that their house is called a non-conforming use, but that is a legal term, and not a social term. With the townhouses and apartments there is more residential use. She said their house was legally built and they legally bought it, and now the City is changing the zoning. She thinks they need lights in their yard and she doesn't think they should have to pay anything for them. She said they are her Councilmembers also, and they are not considering her. Cncl. Leroux responded that he would think the only reason she would have anyone near her house would be if they are parking near there, and that is why he wanted the road posted for no parking. Ms. Goemer said she doesn't believe that is pro- „ <r tecting her adequately. She has no close neighbors and she doesn't want to have to worry about noises outside her house. Discussion followed regarding how much lighting and the location of lighting for the ballroom and what kind of lighting the Goemers want. Gene Goemer said he is concerned about people missing the ballroom and turning around in his driveway, so he wants the entrance adequately lit. Cncl. Colligan replied that he intends to have the entrance lit on both sides of the driveway, with another light at the corner to the east. Consensus was to add a condition regarding lighting, but that it should be in the Developers Agreement, not the Conditional Use Permit. Discussion ensued regarding the number of days the ballroom would be open. Cncl. Colligan said he would not like to see any restrictions for operating hours, as that wouldn't�\be fair unless the same thing was done to all businesses. He said they don't anticipate being open 7 days a week to the public. He said they are looking at Thursday, Friday and Saturday night dances, with a possibility of a buffet and dance on Sunday nights for the senior citizens, with old time music. Consensus was that annual review is sufficient. Shakopee City Council March 19, 1984 Page 6 Roll Call on Conditional Use Permit Resolution No. CC-358: Ayes; Reinke, Lebens, Wampach, Leroux, Vierling Noes; None Abstain: Colligan Motion carried. Leroux/Vierling moved to reconsider the Developers Agreement for Prahm-Coll First Addition. Motion carried with Cncl. Colligan abstaining. Lebens/Leroux moved to add a condition to the Developers Agreement for Prahm- Coll First Addition to require the placement of two lights, at the developers expense, at the northeast and northwest corners of the property or thereabouts, according to SPLIC standards. Motion carried with Cncl. . Colligan abstaining. Vierling/Leroux moved to recess for five minutes at 9:13 P.M. Motion carried unanimously. Lebens/Colligan moved to re-convene at 9:24 p.m. Motion carried unanimously. The Comm. Develop. Director explained the significance of having to carry Channel 29 on the universal tier on the cable system. Leroux/Colligan moved to approve morning Channel 15 (HBO) to 23 (AP Newswire), and 23 to 39 (Cinemerica), and moving Channel 16 (Cinemax to 2.4 to 40 (vacant), all located within the Pier I Channel allocations; and to approve the placement of Channel 29 on the Interconnect Channel until such time as the Interconnect is needed. Motion carried unanimously. Discussion ensued regarding cable service to the Minnesota Valley Mali, as it is part of the basic service area. The City Clerk said that further research and discussion will take place on this issue at the next Cable meeting. Leroux/Lebens moved that cable service both to West 3rd Ave. and the Minnesota Valley Mall are expected to be installed when ZU goes back on penalty for restoration or the City will continue the penalty until they are installed. Cncl. Colligan said he has a problem with penalizing the company when the rail- road, over which they have no control, is the entity holding up the installation to West 3rd. Discussion followed. Motion carried unanimously. Colligan/Vierling moved to receive and place on file the 1983 Annual Report of the Shakopee Cable Communications Commission. Motion carried unanimously. Mayor Reinke asked each of the applicants for the position of Shakopee Public Utilities Commissioner to make a short statement on their view of the relationship between SPUC and the City. Jip Kephart spoke of the importance of a close working relationship between the City and SPUC and its Utilities Manager. Randy Gorman spoke of his involvement with the community and why he would like to be on the Commission. He pointed out the major projects that will be develop- ing in the City, such as the Downtown Redevelopment and the Racetrack, and the importance SPUC will have in those developments. Mayor Reinke asked if each of the candidates felt the cost of acquisition of power sources should be subsidized by all of the customers. Randy Gorman said that in his research he found that cities which had only one supplier had a much smoother operation, and therefore he feels it is imperative the City tries to get it all under one umbrella operation. Jim Kephart said it is his belief that you have to be very careful about not get- ting too big and inefficient. He sees the importance of having a lot of back-ups for power outages. He feels costs should be extended overall. Leroux/Wampach moved to remove from the table the balloting process for Shakopee Public Utilities Commissioner. Motion carried unanimously. Ballots were distributed and counted with the following results: Jim Kephart: Reinke, Lebens, Wampach Randy Gorman: Leroux, Colligan, Vierling The City Attorney recommended another ballot. The second ballot was the same as the first. Shakopee City Council March 19, 1984 Page 7 There was a discussion about trying to break the tie with some sort of random decision like tossing a coin or drawing a name out of a hat, between these two nominees. Vierling/Leroux moved to research the possibility of increasing the size of the Utilities Commission from 3 to 4, to enable both nominees to serve. Motion carried unanimously. Leroux/Vierling moved to table balloting process for Shakopee Public Utilities Commissioner until research is returned. Motion carried unanimously. Wampach/Leroux moved to approve the purchase of an Oshkosh 4 wheel drive truck with V-plow, one-way plow and wing, with funding from the 1984 Capital Equipment budget, from the City of Windom for $4500.00. Discussion followed. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Vierling moved to approve the siting of the restroom even with the front of the existing Community Services Building and approximately 50.5 feet to the east, and direct staff to secure a change order with Consolidated Plumbing and Heating for the relocation of the watermain on the proposed site; said change order to be presented to the City Council for approval. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Vierling moved to authorize the purchase of the proposed computer hardware, software and maintenance, micronet equipment and printers from Office Products of Minnesota and Tele-Terminals as follows: STEARNS MICRO COMPUTER SYSTEMS PROPOSAL Computer Hardware From Office Products of Minnesota ( 1 ) Stcarns 20Mb $ 4 , 796 .00 ( 2 ) Stcarns dual Eloppy 45792 .00 ( 1 ) Stearns tape backup 1 , 200.00 ( 1 ) Start up supplies 1.00 .00 Training and Installation 300 .00 $11 gaff.-06 Software and Maintenance From Office Products of Minnesota ( 3 ) Operating system software @ $32 .00 Ea . $ 96 .00 ( 1 ) Data base manager software N/C ( 2 )' Word processing software @ $396 .00 792 .00 ( 1 ) Financial spreadsheet N/C ( 2 ) Asynch communications software @ $156 .00 Ea . 312 .00 ( 1 ) Micronet software & concurrent DOS 960 .00 ( 1 ) Micronet software ( 1 pkg for both workstations ) 400.00 One vear on-site maintenance 1 , 759 .00 -4 ; ]9-00 Micronet Equipment — - --- From Office Products of Minnesota ( 1 ) ( 2 ) Dual channel communication boards 05 $360 .00 $ 1 ,080 .00 ( 2 ) Hayes Smartmodems w/cable @ $540.00 15080 .00 ( 1 ) 256K Memory expansion 560 .00 Micronet cable 80.00 Micronet installation 150.00 _$ 2,�950.00 Printers From Tele-Terminals ( 1 ) Okidata Micro 84 Dot Matrix Printer. $ 1 ,400.00 ( 1 ) Tractor Feed 150 .00 ( 1 ) NEC 7715 L.Q. Printer 25119 .00 ( 1 ) NEC Tractor Feed 300.00 ( 1 ) NEC 7715 Word Processing Option469 .00 -5-4 IM.0a Total System Cost : $22 ,895 .00 Shakopee City Council March 19,1984 Page 8 Cncl. Leroux explained why he believes the company is very reliable and will be in business for some years to come. Cncl. Vierling said it would probably be 2 years before the City is completely off LOGIS. Roll Call: Ayes; Unanimous Noes; None Motion carried. Vierling/Wampach moved to direct staff to prepare a resolution modifying the Personnel Policy to reflect the cancellation of leave benefit accrual and that there is no change in the City's group insurance contribution during a suspen- sion without pay in excess of one pay period. Motion carried unanimously. Mayor Reinke said he felt the City would be subsidizing the paperwork costs in- volved in removing and replacing sewer charges, every time a house is vacant, if this precedent is set. Discussion followed. Leroux/Lebens moved to continue billing sewer at $8.70/month, which is current policy and practice, regarding the Dave Rutt account. Motion carried unanimously. Colligan/Vierling moved that bills in the amount of $569,101.78 be allowed and ordered paid. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan�Wampach offered Resolution No. 2237, A Resolution Denying Application to Vacate Certain Streets and Alleys, and moved its adoption. Motion carried unanimously. Colligan/Wampach offered Resolution No. 2236, A Resolution To Initiate Vacation of Part of a Drainage and Utility Easement Herein Described and Fixing a Time and Place for a Public Hearing on the Proposed Vacation, and moved its adoption. Motion carried unanimously. The City Clerk explained the background of initiating a vacation of an alley easement in Eagle Bluff 2nd Addition. Leroux/Lebens offered Resolution No. 2238, A Resolution To Initiate Vacation Of An Alley Easement Herein Described and Fixing a Time and Place for a Public Hear- ing on the Proposed Vacation, and moved its adoption. Motion carried unanimously. Several Councilmembers indicated their intention to go to the LMC Annual Conference in Duluth for 1984. Leroux/Vierling moved to adjourn to Monday, April 2, 1984 at 5;00 p.m. Motion carried unanimously. Meeting adjourned at 10:32 p.m. Judith S. Cox City Clerk Diane S. Beuch Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ .REG.SESSION SHAKOPEE , MINNESOTA MARCH 13 , 1984 Mayor Reinke called the meeting to order at 7 :03 P.M. with Cncl .Wampach, Leroux, Colligan and Vierling present. Cncl .Lebens was absent . Also present were Department Heads: H.R. Spurrier, Gregg Voxland, Leroy Houser, Jeanne Andre, Judith S . Cox, Jim Karkanen, Tom Brownell , George Muenchow, City Administrator John Anderson, and Fire Chief Joe Ries. Leroux/Wampach offered Resolution No. 2235, A Resolution Providing the City of Shakopee ' s Comments on the Minnesota Racetrack, Inc . and Minnesota Racetrack Limited Partnership Application of March 1 , 1984 for A Metropolitan Area Racetrack License, and moved its adoption. Discussion followed. Motion carried unanimously. Council and department heads resumed their February 29th discussion of 1984 goals and objectives. Discussion concluded at 10: 35 P.M. The City Administrator will prepare a final draft for distribution. Colligan/Leroux moved to adjourn to Monday, March 19, 1984 at 7:00 P .M. Motion carried unanimously. Judith S . Cox City Clerk Recording Secretary STA E OF t G� t[vJ�. CETZ OO 11 LQ �, DEPARTMENT OF NATURAL RESOURCES 444 Lafayette Road, Saint Paul, Minnesota 55101 PHONENO. 296-4800 Space Center Building, Box 32 FILE NO. CERTIFIED March 16, 1984 Mayor Eldon Reinke City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 Dear Mayor Reinke: ` RE: SHORELAND MANAGEMENT On February 24, 1984 Mr. John Stine of the Department of Natural Resources (DNR) Metro Region Waters' office met with Ms. Judy Simac, City Planner, to discuss the City of Shakopee's compliance with the "Municipal Shoreland Act", (Minnesota Statutes S 105.485, Subd. 6) . That statute directed all municipalities to adopt land use controls for their shoreland areas. The Act goes on to require all such land use controls to be in compliance with DNR's "Statewide Standards and Criteria for the Management of Municipal Shoreland Areas of Minnesota" (Minn. Regs. NR 82-84) . We have reviewed the City of Shakopee's existing zoning controls and determined that the ordinance does not comply with the minimum statewide standards in the following areas: 1) Identification of a shoreland zoning district for all pro- tected waters in the City which have been identified for shore- land management by the DNR (see enclosed list) . 2) Definitions of terms relating to shoreland management. 3) Certain dimensional and use standards including: structure, road and parking area setbacks from the Ordinary High Water level; percentage of lot area covered by impervious surface; sewage system setbacks; and boathouses. 4 ) Adoption of Minnesota Pollution Control Agency standards (or equivalent) for on-site sewage treatment systems and provisions for elimination of non-conforming sewage systems in shoreland areas. 5) Administrative permit procedures for shoreland alterations (including grading and filling) . AN EQUAL OPPORTUNITY EMPLOYER MAYOR ELDON REINKE March 16, 1984 Page Two 6) Restrictions on location of subdivisions in areas unsuitable for development. The above listing summarizes the types of controls which must be adopted by the City of Shakopee within one year of receipt of this letter pursuant to Minnesota Statutes S 105.485, Subdivision 6. Also, enclosed is a copy of the preliminary municipal shoreland classifi- cation data for six (6) protected waters and three ( 3) protected water- courses in the City of Shakopee. The DNR has identified these water bodies for the purposes of shoreland management. We ask that the City review these data and notify our Metro Region Waters' office within sixty ( 60) days of any inaccuracies or requested revisions. We will consider all requests for changes in the classifications where you feel we have overlooked existing physical or development data on a particular water body. Upon completion of review or if no response is made within sixty (60) days, a final shoreland management classification list will be prepared and sent to the City for inclusion into your shoreland management controls. The City of Shakopee staff has already completed a thorough review of its existing shoreland management controls, and Mr. Stine and Ms. Simac have discussed various options for compliance with the statewide stand- ards. We appreciate the City's cooperation and look forward to working with you in developing a comprehensive shoreland management program. If you have any questions regarding this letter or the shoreland manage- ment program, please do not hesitate to contact John Stine, Metro Region Waters' office, 1200 Warner Road, Saint Paul, Minnesota 55106 (296- 7523) . Sincerely, DIV ION OF WATERS Larry Se our Director LDS/JLS:ch CC: Ms. Judy Simac, City Planner Mr. Julius A. Coller II, City Attorney Mr. John Stine, Metro Waters Enclosure AN ACT 6L— S.F. . "Jo. 225 Chapter No. 3i relating to water resources; providing for the rec;r.,lation of shorelz;nd us;: and development i I'll Lin icipalities; prescribing the powers and dt:tie; of rnunicip:,lities and state relation? thereto amending Minnesota Statutes aC);:nCteS 1 s 1971, 5,:.,r;.a;._, 05.435, Subdi✓isi,ms 2 and , and by adding subdivisions; and 462.357, Suh—division 1. BE IT ENACTED BY THE LEGISLATURE F _ _ 0. filE ST;�,TC OF illlAih!ESJTA: '*To itr 011.1., Section 1. Minnesota St;?tutes 1971, Section 105.485, Subdivisicnn 2, is Amended to re,lrl: �^ Subd. 2. (DEFINITIONS.) For the t,rposes of this section `. i.r p ' I rm, defined in this section have th meanings given them: (a) "Shoreland" means land located within f0llo wing distances from the ordinar high water elevation of public waters: (1) Land within 1,C00 fe ;. r;.:n the normal high watermark of lake, pond, or flowage; and (2) land within 300 feet of a river or s'r.:,;: , or the land'.,,%jard side of flood Alai delineated by ordinance on such a river or stream, whichever is great?r. (b) "Unincorporated area" mea the area outside a city, village, or borough. (c) -Municipality" means a city, village, or borough. Sec. 2 Minnesota Statutes 1971, Section 105.485, Subdivision 3, is amended to read: Subd. 3. (COMMISSIONER'S DUTIES.) Before April 1, 19.74, the commissioner of natural resourc shad promulgate, in the manner provided in chapter 15, model standards and criteria, other tnan_a mod i orc!inance, for the subdivision, use, and development of shoreland in_municipalities, which standards an criteria shall include but not he limited to those listed below in regard to Lin incorporated areas. Before Jul 1, 1'370, the commissioner of natural resources shall promulgate, in the manner provided in chapter 1 model standards and criteria for the subdivision, use, and development of shoreland in unincorporate areas, including but riot limited to the following: (a) The area of a lot and length of water frontage suitabl for a building site; (b) the placement of structures in relation to shorelines and roads; (c) the placement an JAW cor?struction of sanitary and waste disposal facilities; (d) clesignation of types of land uses; (e) changes i bottom contours of adjacent public waters; (f) preservation of natural shorelands through the restriction land uses; (g) variances from the minimum standards and criteria; and (h) a model ordinance. The follovin agencies shall provide such information and advice as may be necessary to the preparation of the rules an regulations, or amendments thereto: The state departments of ' lure, economic development, an health; the state planning agency; the pollution control ager!ry; .i i? state soil and water conservatio commission; and the Minnesota historical society. In addition t;, oir?er requirements of chapter 15 th model standards and ordinance promulgated pursuant to this section, or amendments thereto, shall not h filed with the secretary of state unless approved by the executive officer of the state board of health an the director of the pollution control agency. I t u 97 , S2 35 � ren 9 ' ,dr Sec. 3. Minnesota Statutes 1.,, 1 coon 105.4 o is am.,n_.,.c. by ac,,,ing subdivisions to read: Subd. 6. Before April 1, 1974, each municipality having shoreland within its cor orate limits shall su -- - — -- --- ------�-- — b m I' the r to ommission�r for his review, any ordinances, rules, or regulations affecting the use and developme_n of its shorelands. The comm_ issioner shall review the ordinances, rules, or regulations and determinewhpthe they are in substantialcompliance ���ith municipal shoreland management standards and�criteri. promulgated pursuant to subdivision 3. In making his review the commissioner also shell-consider an) t feature unique to the municipal shoreland in question, including but not limited to the c>iaracteristics o the waters which may be ati2cted by.developm2nt, storm sewer facies, and sanitary and waste disposa ` facilities inexistence at the time of the commissioner's review. If the comm_issionzr determines that-th a,tordinances, rules, or regulations of a municipality do not substantiaVE lly comply with the state standards anc criteria for municipal shoreland management, he shall so notify the municipality and shall indicate to th rnt,ri ci pi lity tt?e changes which are necessary to bring the ordinances, rules, or regulations into substantia compliance with state standards and criteria. Within one year after receiving this notice from the commissioner, the municipality shall _rna_ke_the changes necessary to bring the ordinances, rules_, o regulations into substantial compliance_with state standards and criteria. If a municipality has n-o ordinance rule or regulation affecting the use and develm opent of shoreland on April 1, 1974, it shah aclnpt such, ar orcinince _rule, or regulation complying with state standards and criteria for municipal shorel,im mana(;enient, before July 1, 1975. if (a) a municipality has no ordinance, ru!;�, or regulation_ affecting th, NUN`j use and devalo-ment of shoreland on April 1,_1974_and fails to adopt such an ordinance by July 1, 1:75 or if (b) the corporate boundaries of the municipality are expanded to include shorelarcL_not_prevrousl • >C �4 to t7 N to rt• r7E a! t v LO ry C O tb 7 (D (D �. .�X rt to N N O (D , (D SC r L (D n O r, t't (A rs rt z Q. „r Ar Ar N r. A� ►'� � F, (D (D d to 0 0 O n a H �7 � .3 O O O O �C O H t1 O H >C hh<x (D n m to (J I I 52S Pt ►t rt J N d OC (D (D O VI co J .L:. Cn c o � En F, H I✓ I✓ I- F, t� rt Ln Cl Ut Cl Ur Ur Ur Ul to N r H n N N N N N N C) y G in N N rf w H O h ED p 4 co N w N w k.0 • ' Ur F-' to w O\ N 1 rn . H y N l0 • � H O m W a-,. Ln F+ N z �• bR' W O • U7 fA K X ?�C � W W W N W Sj ko O F--' t0 N N d Ln -I Ol 01 W co C7 W to W ct H x �! � �A W W •�-. a ro M In .P N to ` t71 f� >C O U) 1-3 M (D 2+ O H En H �K pjti � L [fl >C DC " :: r •tom to AN s� y rt o a F'•LQ OD to n - _ y r TO: John K. Anderson, City Administrator FROM: Jeanne Andre, Community Development Director RE: Status of Current Legislation Affecting Tax-ExemptIDB' s DATE: March 26 , 1984 Introduction: Attached are communications from Representative Bill Frenzel and the National League of Cities regarding the status of proposed legislation on tax-exempt industrial revenue bonds ( IDB ' s ) . Requested Action: Support the following position of the National League of Cities to oppose any volume limitation, oppose any restrictions on public purpose bonds, support an exemption for areas of severe economic distress , and support restrictions in other areas which leave max- imum flexibility to local governments and include provisions to: ( 1 ) redefine IDB' s, ( 2 ) exempt areas of severe economic distress , and ( 3 ) provide some alternative to a volume cap as follows : ( 1 ) Redefine the definition of "private purpose" IDB ' s so that no restrictions are imposed upon the issuance of bonds by state and local governments for certain resource recovery, energy, multifamily, or clean water facilities ; or where: (a ) no private entity is considered the owner of the project for federal income tax purposes, and no private entity is therefore, entitled to depreciation deductions or investment tax credits , (b) the state or local government retains or exercises substantial operational or functional control over the project, and (c ) the state or local issuer has made, or reasonably expects to make, funds or other assets available to secure the payment of a significant part of the debt service on such bonds independent of any lease rentals or other amounts provided by a single private entity using or occupying a major portion of the facility; ( 2 ) Exempt areas of severe economic distress from any new IDB limitations ; and ( 3 ) For all other bonds consider volume cap alternatives that: permit a state or local issuer to choose between three alternatives in nondistressed areas : (a ) Hard contribution: The issuer would be required to make a cash contribution equal to one percent of the face value of the bond. The contribution could be made from federal funds ; or (b) Soft contribution: State and local issuers should be permitted to use IDB ' s as part of local economic development programs . A commitment of resources equal to five percent of the amount of the bond issue would be required for normal redevelopment activities in an area contiguous to the project or facility; or (c ) Restrictions on Cost Recovery: where an issuer would not or could not make a contribution, IDB financed property subject to current law ACRS restrictions would be restricted to straight-line recovery over longer lives . Property for which full ACRS is cur- rently permitted would be unaffected. BILL FRENZEL MINNESOTA OFFICE: THIRD DISTRICT,MINNESOTA MAYBETH CHRISTENSEN ROOM 445 WASHINGTON OFFICE: a 120 PENN AVENUE SOUTH 1026 LONGWORTH BUILDING BLOOMINGTON,MINN -TA 55431 202-225-2e71 Congre.5,5 of me niteb 6tate.5 slz,.ael//-/,J`°o"o wouze of 3aeprea ntatibeg Wagbington, M.C. 20515 March 19, 1984 RECEIVIIE,,' The Honorable Elden Reinke MAR 2 2 1964 Mayor ^�l t City of Shakopee _ _ m 129 East First Avenue Shakopee, MN 55379 Dear Mr. Reinke: Because of your interest in legislation affecting tax-exempt bonds, 1 wanted to bring you up-to-date on the status of such legislation. On March 1st, the Ways and Means Committee gave its approval to an amended version of H . R . 4170, the Tax Reform Act of 1984. This new version of H . R . 4170 contains provisions restricting the use of tax-exempt bonds that are similar to the provisions proposed in the original version of H . R . 4170. Changes have been made, however, to exempt certain types of uses from the $150 per capita cap, in order to free up more of the cap for all other uses. Under the bill, private activity tax-exempt bonds will be subject to a $150 per capita statewide volume cap. The volume ceiling will apply to private purpose tax-exempt industrial development bonds (TDB's), and to student loan bonds that each state may issue during any calendar year. In order to reduce the pressure on the volume cap, multi-family rental housing bonds, and IDB's that are used to finance convention or trade show facilities, airports, docks, wharves, or mass commuting facilities that = are owned by a governmental unit, will be excluded from the cap. In addition, the " volume cap will riot apply to bonds that are neither IDB's nor student loan bonds, such as bonds used to finance traditional governmental activities and bonds issued to 501(c)(3) tax-exempt organizations for use in other than an unrelated trade or business. A special phase-in rule has also been provided for states whose current volume of IDB's exceeds $150 per capita. Under the phase-in, the per capita amount that can be issued in such a state in 1984 will be equal to $150 plus one-half the difference between the 1983 issuance level and $150. In 1985, all states will be limited to $150 per capita. The bill also requires ail IDB financed property, except for bond financed multi- family housing projects, to use straight-line depreciation over ACRS recovery periods, as opposed to accelerated depreciation. Other restrictions in the bill include: a $40 million limitation on the number of small issue IDB's a user can have outstanding at any given time; a prohibition on the use of IDB's to finance purchases of land or, in most cases, existing facilities (although there is an exception for first-time farmers); prohibition on the use of IBD's for liquor, stores, private aircraft, sky boxes, and gambling establishments; and several other changes. THIS STATIONERY PRINTED ON PAPER MADE WITH RECYCLED FIBERS 2- A volume cap. on private purpose tax-exempt bonds was not my first choice as a means of restricting their use. During the consideration of the final version of the bill in the Ways and Means Committee, I supported an amendment which would have delayed the effective date of the volume cap for one year, until January 1 , 1985. That change would have provided time to examine other options for restricting IDB's, and wor_:Id have also provided a transition period for projects currently in the pipeline. Unfor- tunately, the amendment was defeated. The revised version of H. R. 4170 is currently pending on the House Floor. It will not be voted on until work has been completed on a comprehensive deficit reduction package, a package which will include H . R. 4170 as its revenue raising title. This will most likely occur within the next month. The Senate Finance Committee is also working on its own deficit reduction package. At this point, it appears that Chairman Dole does not intend to include an IDB cap in his proposal . Instead, he is looking at oilier alternatives to restrict the growth of, and revenue loss associated with the use of, TDB's. There is therefore still a chance that, after the House and Senate have passed their different versions of the deficit reduction package, a compromise on the IDB issue can be reached in a Conference Committee. I am hopeful that a compromise will be worked out. I hope that the above information will be of use to you. As soon as any further action is taken on the IDB issue, I will let you know. r Yours very truly, rll Frenzel Member of Congress BF:dbr .( r National 1301 Pennsylvania Avenue NW Officers �_ League Wasningion,D.C. P•- on e L L t �� s 1 of 20044 George ut~+� Luys.s; Far•.nG ts M� ts ] �� (202)626-3000 frsf MCe PreLGY:7: Cable:NLCmEs Gec )e V vvn� Mayo*Cee-an!Or-o sr sic wce Presoe'T: March. 12,_ 1984 Uro'Geewrry Cary„.Pres,oert.NE-Yprt Ne.York b--r ca:e Pas:?reLO-n: (mane's Rove- Maya,.Sean e.Nasrmy;or Memo L.L-c'inve am-_Iv Aar 6eas Re: IDB' s Background: In its effort to reduce the volume of tax-exempt IDB' s--both to reduce the cost to the federal Treasury and to reduce abuses--the House Ways and Means Committee approved a list of proposed restrictions. Included was a volume cap, adamantly opposed by all state and local public interest groups. The proposed volume cap has drawn widespread criticism, because it. o does not distinguish between those TDB' s issued for a public purpose, such as a water and newer or airport runway bonds, and those which provide subsidized, lower-cost financing for private purposes; e makes no eauitable allocation based upon economic distress . Rather the cap allocation provides no additional assistance to states or communities with the most severe economic distress , while it encourages relatively well off communities with lesser economic Development needs to use their full portion of the cap; ® creates enormous administrative and political problems for states and localities over the allocation of issuing authority among local governments and among bond purposes. Analysis : The revenue raised will come at the expense of - providing f -providing public services and infrastructure at the state and- local level . - The bill , if passed, would reduce the fiscal capacity and leverage of local governments to provide necessary improvements without creating a better use of IDB' s, or indeed without leading to any real reduction in the use of municipal bonds for private purposes.. Past Prasrd•nts:Tom Bradley,Mawr,Los Arge-es Ca,dc-a•Ferd L.Harrison,Mayo.SCoftanj NeCO.Noir,Ca•>w%a-Wllllam H.Hudnut,111,Mayo,.lnp:a-apd,s.tnr_ar+a•Henry W.Malar,Mayor, M,�a,•ee Yv,sms+n•Jesaie Y..Ramey.Caarc.wonar,nr r,xy-.New:.Veo•na•John P.Rousski•,r tayv Sa.anr'd:.Georgy•DenaCtors:John S.Andrus,c.ec•.nNe GKe^.7 Ne+Ha'npiMe Lyrr�•.n..ASSOCa:4'•Arden Asni•y.Mayor.Nr,o.Nes;Vr�na•Yer/on 5.Berry.Jt.,Mayo Was.NrVon.D C-A obarl R.GnUna.becr"Grtr_lo.W.oT.np Assccalon of k4in ccar,'es•Henry Gook•Garry:,-sorcactisdnw.a.t-oroa•Jov W.Da.is•Mayor,Hur_,wK A4=�a^na-John AFranklin.ViceMaw.C.ananooga Wmesse•e•William F.FutglnlU,E.ewt eDremcir NewMeum k4,naoa'Lame-George D.Goodman,arOOC. M.-J�,an 4hnupa'lea�.,e•Edwin L GrMin,Jt,E.eCLAme Lreacr Kentucky loss G- A Leag.,e•Daniel E.Griset.vice Mayan,Santa Ana, Ca<ora•Richard Gu nn en,Jr,Card Ak—rite".At..X%-A Geap,a-Charles Hoy[,A1CV^.aj M:meapd,s Menesva•Delores Hudson.Wrxir+�orrw.V+ar*ensa,rp L•+,sux n-ilotxrt M.lsaa C, L•a�CC.7ax SC—s Co7aoo•LuMo,G.Jones,Jr.,Ma,o Corpus Cr--_ ,e.as•Paler C.Knudson,t-iaya.Brcna-CM Lr311•Dud Lastraoes.Lora ar La'avctte.Ld.iwsa•Ted Lehne. -2- The adverse impact on infrastructure and public purpose financing is created through the definition of private purpose TDB' s as carried out through regulations and revenue rulings . IDB' s• were first defined in 1968 when Congress enacted the Revenue and Expenditure Control Act. The act, which continues to govern IDB usage, defines them as obligations issued as part of an issue all or a major portion of which are to be used in any trade or business carried on by a nonexempt person and the payment of principa`1 or interest on which is derived from, or secured by, money or property used in a trade or business . Through IRS regulations, IDB' s are securities issued by state and local governments where : • A major portion ( 25 percent) of the bond proceeds are used in business by a nonexempt entity ( this is known as the trade or business test ) ; and • A major portion ( 25 percent) of the debt service is secured by property used in or payments derived from a business regardless of whether the bonds are also obligations of the issuer ( this is known as the security interest test ) . Through subsequent revenue rulings infrastructure projects such as airport runways--where 25 percent of the bond proceeds are secured by landing fees--and water and sewer bonds- w:-iere, initially, an industrial facility uses more than 25 percent of the treatment prior to full residential development--have been ruled private purpose IDB' s . Consequently, any proposal. to restrict IDB' s by imposing a cap would impact the ability of municipalities to finance these infrastructure improvements . Proposal: We oppose any volume limitation, oppose any restric- tions on public purpose bonds, support an exemption for areas of severe economic distress, and support restrictions in other areas which leave maximum flexibility to local governments . Any Senate recommendation, then, shoud have three parts : ( 1 ) redefine TDB' s, ( 2 ) exempt areas of severe economic distress, and (3 ) provide -some alternative to a volume cap. ( 1 ) definition: . : redefine the definition of "private purpose" IDB' s so that no restrictions are imposed upon the issuance of bonds by state and local governments for certain resource recovery, energy, multifamily, _ or clean. water facilities; or where: (a) no private entity is considered the owner of the project for federal income tax purposes, and no private entity is therefore, entitled to depreciation deductions or investment tax credits, - -3- (b) the state or local government retains or exercises substantial operational or functional control over the project, and (c) the state or local issuer has made, or reasonably expects to make, funds or other assets available to secure the payment of a significant part of the debt service on such bonds independent of any lease rentals or other amounts provided by a single private entity using or occupying a major portion of the facility; ( 2 ) economic distress : exempt areas of severe economic distress from any new IDB limitations; and ( 3 ) volume can alternative: for all other bonds consider the following: permit a state or local issuer to choose between three alternatives in non- distressed areas : (a) Hard contribution: The issuer would be required to make a cash contribution equal to one percent of the face value of the bond. The contribution could be made from federal funds ; or (b) Soft contribution: State and local issuers should be permitted to use IDB' s as part of local economic development programs . A commitment of resources equal to five percent of the amount of the bond issue would be required for normal redevelopment activities in an area contiguous to the project or facility; or (c) Restrictions on Cost Recovery: where an issuer would not or could not make a contribution, IDB financed property subject to current law ACRS restrictions would be restricted to straight--Line recovery over longer lives. Property for which full ACRS is currently permitted would be unaffected. MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac, City Planner RE: Reconsideration of Resolution No. 2224 DATE: March 21, 1984 Introduction and Background: At the March 19, 1984 meeting the City Council adopted Resolution No. 2224 , a Resolution Approving the Final Plat of Prahm-Coll First Addition. The approval is conditioned upon approval of a Title Opinion and the execution of a Developers Agreement which provides for park dedication, replatting of the outlot, assessments, sewer and water lines and a future easement. In a seperate motion the Council approved the Developer ' s Agreement and amended it to include: F. No Parking Signs - on the North and South sides of Fourth Avenue which extend 100 ' beyond the East and West property lines . G. Street Lights - shall be installed on the East and West property lines where they abut Fourth Avenue . An oversight occurred when the Resolution 2224 was not amended to include the two new requirements for the Developers Agreement. Action Requested: The following actions are requested to amend Resolution No. 2224 : 1. Motion by City Council to reconsider Resolution No. 2224 . 2 . Motion by City Council to amend Resolution No. 2224 by adding items F. and G. to the Developers Agreement. 3 . Motion by City Council to approve Resolution No. 2224 as amended. �..� , 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 North 340 . 34 feet of the West 639. 85 feet of the East 705 . 85 feet of the Northeast Quarter of the Southwest Quarter of Section 5, Township 115 , Range 22, Scott County, Minnesota and that part of the West 639. 85 feet of the East 705 . 85 ft . of the Northeast Quarter of the Southwest Quarter of Section 5, Township 115, Range 22, lying South of the North 340 . 34 feet of said Northeast Quarter of the Southwest Quarter. Together with: The West 639 . 85 feet of the East 705. 85 feet of the North 2 . 0 rods of the Southeast Quarter of the Southwest Quarter of Section 5, Township 114, Range 22, Scott County, Minnesota, be, and the same hereby is approved and adopted with the require- ments 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 re- platted and paid prior to issuance of a building permit. B. Outlot A - shall remain a fifteen acre nonbuild- able 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 apealing 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 replatting of Outlot,`��` F. No Parking Signs on the 4ort1 and South sides of Fourth Avenue which extend 100' beyond the East and West property lines. G. Street Lights - shall be installed ,on the East and West property lines where they abut Fourth Avenue, .tcu 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. 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 B MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac, City Planner RE: Fox Run Preliminary Plat Approval DATE: April 3 , 1984 Introduction: At the March 19 , 1984 meeting the City Council approved the Preliminary Plat of Fox Run 1st Addition subject to the eight conditions as recommended by the Planning Commission. In addition, the Council included condition no. 9 which re- quires that in the final plat the length of the road is limited to 1000 ' as permitted for cul-de-sacs in rural ser- vice areas . This condition negatively affects the preliminary plat approval because in the future, when the developer wants to final plat the eleven lots, the road extension to the south will not be approved. Background: The approval of the 1000 ' limit permits Fox Run Avenue to extend from Martindale Drive to approximately the center of the plat. This would provide access to four lots . An additional 800 ' is required to extend the road to the southern border of the plat in order to serve all of the lots. Research indicates that the City has dealt with the length of rural cul-de-sacs in varying ways . Weinandt Acres lst Addition has a 2500 ' cul-de-sac with an easement dedicated to provide that the road does not become a dead end. The Hillside Estates sub- division has a 1500 ' cul-de-sac which is designated as temporary. Norton Drive in Deerview Acres is 2400 ' long with no extension provisions . It seems that the concept behind the long cul-de-sac is that they are to be temporary and eventually connect with a through street. The Fox Run Plat is unusual because; 1 ) access is through Prior Lake on Martindale Dirve (itself a cul-de-sac) and 2 ) the future extension of Fox Run Avenue will be south into Prior Lake. Road maintenance agreements will be established with Prior Lake for snow removal, but police and fire protection provided by the City of Shakopee may be more difficult to deliver. Ideally the street should be aligned to eventually connect with CR 21 or CR 42 . The subdivision ordinance provides for variances from the required regulations if there are extraordinary hardships . The procedure for obtaining a variance is to begin at the time the preliminary plat application is submitted. Unfortunately the need for a variance was not determined at the time of application. However placing conditions on the plat can essentially secure the standards of the subdivision ordinance. Alternatives: The following alternatives can be taken to clarify the status of the Fox Run plat : 1 ) Approve the preliminary plat for the development of two lots (Block 1, Lot 1 and Block 2, Lot 1 ) . Approximately 600 ' of road would be constructed to serve the two lots . 2 ) Approve the preliminary plat with the full length of street and designate it as a temporary cul-de-sac. 3 ) Approve the preliminary plat with the condition that the applicant submit plans which show easement dedi- cations to provide the future extension of the road to either CR 21 or CR 42. Recommendation: Staff recommends that condition No. 9 reads as follows : Fox Run Avenue shall be designated as a temporary cul-de-sac which will eventually connect to the south with CR 42 . Action Requested: Motion to approve the preliminary plat of Fox Run 1st Addition subject to conditions no. 1 through 8 as recommended by the Planning Commission and condition no. 9 that designates Fox Run Ave. as a temporary cul-de-sac which will eventually connect to the south with CR 42. MEMO T0 : John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE : Application for Off Sale Liquor License by Keith Johnson DATE : March 30, 1984 INTRODUCTION: An application for an off sale liquor license was received on March 29, 1984 from Keith Johnson dba/Valley Liquors, Minnesota Valley Mall . BACKGROUND : Pursuant to the City Code, the application will be published on April 4th for Council consideration on April 17, 1984. Because Mr. Johnson will be out of town on April 17th, he will be at the April 3rd Council meeting to answer any questions the Council may have. Mr. Johnson hopes to take over Valley Liquors on May 1st, 1984. j _ s I I i 9 to April 2, 1984 Wallace Bishop 847 Fuller St. Shakopee, Minn. 55379 Common Council City of Shakopee 129 E. 1st Ave. Shakopee, Minn. 55379 - City Council Members: I wish to place my name in consideration for another three year term to the Shakopee Public Utilities Commission. with numerous important matters before the Commission, I would like to see them through at this point. Sincerely, Gc� Wally shop APR - 3 1984 MEMO TO: John K. Anderson, City Administrator FROM: Joseph P. Ries , Fire Chief RE: Stang Deluge Monitor DATE: March 30, 1984 Introduction: The Stang Deluge Monitor is a duel purpose 1200 to 1600 gallon per minute deluge nozzle, and it can either be truck mounted or use in a portable mode. The Stang Deluge Monitor is one single waterway built in one continuous loop with no division of the stream. It is designed with two swivel joints double sealed and the joints contain two rows of stainless ball bearings which allow free all around movement horizontally and vertically, the swivels have locking handles to deep monitor from free travel . Background: The Stang Deluge nozzle will allow us to flow 1200 to 1600 gallons per minute through a single nozzle, in the portable mode it has provisions to be feed by three - 22" hose lines or one 5 inch large diameter hose. And once set-up is complete one man can operate it with ease freeing up personnel for other duties . In the store stationary mode on the truck it is connected to the pump by a 3" pipe which allows us to pump the truck tank water on the fire upon arrival . We feel the Stang Deluge Monitor is better after trying it and comparing it to others and has far less maintenance than our gear driven one. Also, there is less water turbulance and back pressure thru the design of this monitor compared to others . We are not ordering a controlling tip nozzle for the monitor at this time, for what they offer wasn 't that good for the price, plus what features the tip could do weren ' t that great . We are in the process of gathering quotations on a better tip, and will submit it at a later date. We should have no problem staying in the total budget request for this item. Quotations : All include: Stang Monitor Siamese clapper and pressure gauge. Clarey' s Safety Equipment $1, 591. 20 Pyretron Apparatus & Equipment $1, 597 . 84 General Safety Equipment $1, 685 . 00 Recommendation - Action: Approve purchase of a Stang Monitor with siamese clapper and pressure gauge from Clarey' s Safety Equipment for ;1, 591 . 20. 2WENTSAFETY EQUIPR Northgate Shopping Center 0 Rochester, Minn. 55°01 Telephone (507)289 5749 _ MARCH 28T[l . , 1 `84 SHAKOPEE FIRE DFPARTM 7NT c/o CHARLES RTT> 681 M:,'�T K', SHAKOP�',, MINN'?:JOTA 55_�7q DEAR CHARL",S :TIT'S; T11`-; FOLT,O:'JIidG ARF YOUR PRI''.r'> THAT YOU R7QU7, T^D ON STANG FQUIPMFNT & !THT,T,PN ',QTTTPM^VT ! 1-N7W STANG MODPT, 'T("-3600 PORTART,u' T)7.T,UG7-, :>1 ,i'10.00 ?;FSS 15/ SPECIAL DISCOUNT OFF T,T ST; 0'R A (1,OnT ;) '1181 . 50 PT,US S!iIPPING C11ARG1,:' 1 NOT-,: 'dE ',JILT, ALS)O GIV', A 15°! 1)1';1,',0UNT n1,'P AITY OF OPTIONAL ACCESSORTF'>! I HAVE TTIF INFORMATION RFTNG "ENT TO MF ON TH', TA:>K- FORCN AUTOMATIC FOG NOZ?T,ES FOR THIS T)rLUGr, I !,!Tr,T, p-; MORE THAN HAPPY TO GIVT, YOU OUR cPT,CIl1T, I)TITr;TNG 07,1 TITT_:) AS SOON AS I RT'CFIVT, IT ! :�-T'':`:--UNIVFRSAT, PO 1-P TjPPT,Ii�:>S_ !�ITt�-i_U',RR TT i�9 ?�T 'SUP -2 WHI^H� R FT.A I.L` 01 - =!wTg5 O(��tT - �, UT�s=� III���---I�;'1' IT,, lPOR X5.00 L1,!1 YQf11 1 `,C`,C_OOUNT I ul�TH7 A.130v'•L ,I S ' -AIT,.;-OR 14.4 �5 F0T3 T11 rTJP5-2 (OP) ',';169. 75 T 0, UPS-4! -WHET,FN `7TYV'-' RETfLj ��- ?aa Lr SPE'TAT1 OFI' (Ofi) „b7; 0--P5R ,..1J. (/ �_ J EACH! I HOPr I HAV', B' EN OF HTTP i'JITH T11Tvj INFORMATION ! ',fir TRU?T,Y APPRECIATI YOUR 1)1-'PA1?TMr',NTS VAT,UW`D ('ON`)TD', tATIOPd; IF '�1T, MAY BF OF ANY FURTHI,R ASST,TANCT,! pT,?A ,?, r,FT US KNO`J! W71 ','JILL SOON P', ORT)I,RING' A GREAT D',AT, OF JAFFARY T,ARG^ T)TA- M7,TFR FIRE, HOST', & WOUT,D LIKE VPRY MUCH TO INCT,UDF YOTTi 11OSr WITH OUR ORD M, IF AT ALL P0,'>>>IBLE! THANK YOU ! IN'.'"R.nT,Y; e. , d ' SAFETY IS OUR Bl1Sli�fE G y � GENERAL RAL SAFETY EQUIPMENT CORP. 550 EIGHTH AVENUE • P.O. BOX 249 • NORTH BRANCH, MINNESOTA 55056 (6 12) 674-4804 • TWIN CITIES 22 1-91 1 1 ._.._,- b�..-r-• r.-h a�_��4 Y� � '�•'tom -Fk��� '�,,tt�� � ;i: -;g �.�1��r '. � t7'�'..,..^,'.x'��•... .�»+L F zu s'7[`!u•, 'es�"a:•..is Please indicate 003748 To_Shakopee Fire Department when number -- _ 3/6/84 when ordering 681 Menke Avenue 3/5/84 net i�lroi�3�;i!�s>,if•i�:n7c Dore.—_— 1C7 UC Shakopee, srauvE[,��r--- Shakopee, Minnesota 55379 asap truck freight '-•nl'.'..M nIV ----- f I l 1.1 -- F+FCI. CC7Ll HLRE IS OUR QUOTATION ON THE GOODS NAMED, SUBJECT TO THE CONDITIONS NOTED: CONDITIONS: The prices and terms on this quotation are not subject to verbal changes or other agreements unless approved in writing by the Home Ofhre of the Seller. All quotatio .,d agreements are contingent upon strikes• accidents, fires, availability of materials and all other causes beyond our control Prices are based on costs and con:).:'on; existing on date quotation and are subject to change by the Seller before final acceptance. Typographical and stenographic errors subject to correction. Purchaser agroes to accept either average or shortage nr:t m r•.•,'•, „! 1.•n : r.,.r,r „-:.•; !,;, pm-rata asscrnes i+etik:y for patent and copyright infringement when good, am mace to Purcharar's 1;Pr(.r• + s;= m' .:;,� to be f�: "� p'.nchaser, amp al�:owa'7re mu`..l n<• made Ic' rra,rna!7le Spnllagc7 and r� ., .. ... .,:t.+t;.+ rill;: ty t.7 .'�'litafr efltt�+7r:t (�r',I:.r•I-, .� t ors i o: s;e.. stated herein shall be ao.-nod I,_ yr, on :'7r $A�'rr -h(-d trade ulstoms�lean nte0n .;tort �e. ' !',t„- st.• ] hr•nnrt whet !i 7,7J • , n 'j, 1 i formal ordar v. s j 71 i We are pleased to quote on the following items per your telephone request: One IStang #C3600, deluge, 1200 gpm with 31' NH brass swivel inlet $ 1390.00 One _sha{�er One I 713103400-1 pressure gauge and guard, barrel mount 60.00 One 46101371-1 , 3 clapper siamese i 462.00 One --#910&22$ I 2.00 One �tnln�n�n_1 S ationarc fle- saur,ac#ion -$0 yz�. From the above you may deduct 1 % _ I Add freight, Orange, Calif, to Sha opee � J � I iNote: Any nozzles, stacked tips, or other accessory equipmen iwould have to be added to the above. i I I E I QUOTE VALID FOR 30 DAYS. BY i ORIGINAL a"WHERRYS apparatus & equipment co. v 31 January 1984 page 03 of 04 - axial location free swivel for vertical indexing. - knob operated locking device at each free swivel location. - zerk design grease fitting(s) at each axial swivel location. - ti l l cr bar steerin control with hand grip tip end. (*d) A) 1200 GPM/3" waterway 'bent tube' monitor la) Stang #C 3600; bottom inlet swivel location. $ 1187.06/ea. lb) roducts--Vpppm_22QO- side inlet wivcl-1 tiz57i'�""- 43 3Z ea . B) 'Tripod mounting base for use as ground located appliance - (*b) 2a) Stang #(3600/TPB) ; externally stored assembly incl./Std. 2b) Fire Products (N/A); integral construction member incl./Std. C) Extension legs for stability as ground located appliance - 3a) Stang #(3600/7'PL) ;locking collar telescopic design. Std. 3b) Fire Products #(FPPM/TPL); channel-pin connected, Std. fixed length. D) Coupling adapter(s) for apparatus 3" standing discharge - 4a) Stang #(ILTPA) ; straight body 3" NST male x 3" IPT(M/F) Std. 4b) -connectie�rr E) Vehicle mounting bracket for monitor appliance - 5a) Stang (N/A) ; not required, swivel coupled to stand pipe. N/A fl ng pin. 1-21.3 ea. F) Three inlet clapper -fit siamese manifold w/1-3"NST rigid male x 3-2�"NST binding female swivel collar - 6a) Stang #B 101371-12; alloy cons_truation. 360.39/ea. 6b-�0--_Products #3532,• brass construction. 44Q-42 ea• `m on#2-526—f3RM4;--3-1 construction. /ea G) Direct coupling 5" Storz x 3"NST rigid male adapter - 7a) Stang #SLDH-5; 298.05/ea. 7b F;- n.. a , .+s-- 3 -35� x 3RM) ; L ea. 11) Monitor steering wheel control in place of tiller bar - 8a) Stang #(SWCO) , elastomer covered ring. 100.77/ea. I) Barrel mounting pressure guage - 9a) Stang #(FPG) ; to include protective guard. 50.39/ea. 9b) �r �.t?' rti,�, `,•r �al •1,' ..i�' '� "� Ufa ,� � ,! _ 1i►-�..ti '� rr, Vy,.Y� ��*i/�Ca rt�^r.�.�;-'fr�'ti'}�i�� �ae3�.:,.s-.c �r°t7.,,y�:��.•,i✓�raM � r ~f, �. .iYaair�w."t r¢- `' � ,a;. F.r� � •-` .o.'u!. •``Ya10 ."filo-,µ�'�''+." �S «Y► Portable Deluge Set C3347-1 , Folding Portable Deluge Set with Mat, Detachable Stream Shaper, Siamese Aeroglass Shapertip in place. 3 Inlet, and Stang Fog Nozzle. fayr w l fit` Portable Deluge Set showing typical Portable Deluge Set with 3 Inlet installation - Note Truck Mount Plate, Siamese, Folding Mat and Aeroglass and Folding Mat in stow position. Sha erti P p. MEMO TO: John K. Anderson, City Administrator FROM: Joseph P. Ries , Fire Chief RE: Capital Equipment - 5 inch Large Diameter Hose DATE: March 29 , 1984 Introduction & Background: The 5 inch large diameter hose is used to move large volumes of water to a fire scene, it is capable of moving 1800 plus gallons per minute which is like bringing a hy- drant to the fire scene . The 5 inch large diameter hose can deliver more than six times more water than a 21j inch hose which we use now - this would eliminate multiple lines . The 5 inch large diameter hose is a light weight 3-pl. construction of synthetic rubber vulcanized to polyester with an inner polyurethane liner, being synthetic covering it never needs drying which allow us to put it back on the truck right after use which eliminates the need to have dry hose back at the station. We presently have 400 feet of 5 inch large diameter hose which has worked out great for us and with the additional 800 feet we will be able to do much longer lays without the fear of running short. The hose comes with a full 10 year warranty and has been holding up very well for us . Quotation : Conway Fire & Safety 5 inch polyurethane lined hose in 100 foot lengths with coupling $760. 00 per length Pyretron Apparatus & Equipment 5 inch polyurethane lined hose in 100 foot lengths with coupling $790 . 02 per length Recommendation: Purchase 800 feet 5 inch polyurethane lined hose from Conway Fire and Safety for $760. 00 per length. For a total of $6 , 080. 00. This is $480. 00 over what was budgeted due to an increase in cost . With prices received on other item - I should be able to stay within our total budget. Action Requested: Approve purchase of 800 feet 5 inch polyurethane lined Nose from Conway Fire and Safety for $760. 00 per 100 feet lengths, for a total of $6 , 080. 00. �Da�pgvv " Jut . No. SALES AND SERVICE OF ALL TYPES FIRE EXTINGUISHERS P.0.BOX 8587 2710 NICOLLET AVENUE MINNEAPOLIS,MINNESOTA 55448 PHONE: 16121872-6551 FIRE PROTECTION QUOTATION FOR Fire Department Shakopee, Mn. 55379 DATE Jan 18, 1984 FOB TNI$ O U O T A T I O N IS $U O l[C T TO T N[ C O N O 1 T ION$ OF SALE A S I N O I C A TCO Of L O w QU AMTI TY of St.1.Too. A- I Snnp-,rite 5" INiralirrit polyurethane lined f'iry hose cutipled in 100' L's ;760.00/ler CITY (PLEASE REFER TO PROPOSAL NO. WEN ORDERING) CONDITIONS OF SALE: CONWAY FIRE 8 SAFETY, INC. we Shell furnish only the squipRiont Shorn en IM quetetion for the Dice queted. Any edditienel equipment rweded to meet Specifics- tions Shell be chergod for in occadence with our eriginsl auototien. _ 1✓ PRICES: subject to change without notice By Bruce Eri ckson r im,ir apparatus & equipment co. TWELVE OAKS CENTER—15500 WAYZATA BLVD. (612)476-1947 31 January 1984 Shakopee Fire Department 334 W. Second Street Shakopee, Minnesota 55379 Attention: Joe Ries, Fire Chief. 31 January 1984 paqe 02 of 04 #2 of 4: 800 ft. Assembled relay/supply line hose, coupled Storz 2-point (per end) bayonet-locking lightweight alloy connection set. (*b) A) Bonded membrane lining with free swivel-end removable couplings- 1) Snap-Tite 'Dura-Light (UL) ' ; 400 lb. test ratedl. 700 7b. burst minimum. - high tensile property polyurethane liner, fused to adjacent structural jacket. - continuous weave polyester center location structural jacket. - ribbed vinyl-nitrile elastomeric cover, yellow. - 'CAS' series binding set pair with 4-point ramp tension design hose sleeve connection. - 10 year warranty. (*c) a) 100 ft. assembled length 5" hose x 5" Storz (100 lbs.) $ 790.02lea. em a ose -��:-Var'iable pattern control AFFF-master stream application tip wl2jF'_'_-NST-b.feding female swivel inlet. (*b) A Brass construction -with variable metering-cvnft'el inlet at :__-nozzle-bodyside location (assembly to include rigid draw- stem--and -flex connection tube) - -� - A --la) Elkhart #HF-350(a); . semi-finished brass _ . _ ______- _ a. �_��-- lb) Elkhart #HF-350(b); chrome plated finish. T127:5 a. 2a) Elkhart #HP-500(a) ; semi-finished brass. �.28/ea. (*d.) 2b) Elkhart #HF-500(b); chrome plated finish. 612.36tea• —8)-Stem location foam shut-off--valve -- - _ 3a) trkhart--#7IZF7S0V) Vernier sc� ' r-rreedle-valve. 20.62/ea. 129 East First Avenue, Shakopee, Minnesota 55379 c M E M 0 TO: JOHN ANDERSON AND CITY COUNCIL FROM: j I M KARKANEN/,PUB'LI C WORKS SUBJECT: PERF Y CHEEVER-BENEFIT EXTENSION DATE. MARCH 29, 1984 INTRODUCTION : THE CITY MECHANIC, PERRY CHEEVER, IS REQUESTING PERMISSION FROM THE CITY ADMINISTRATOR AND THE CITY COUNCIL TO "BORROW" FUTURE EARNED VACATION/SICK LEAVE BENEFIT ACCUMULATION TO COMPENSATE FOR AN AUTHORIZED LEAVE WHICH WAS EXTENDED FROM flARCH 16TH, 19-23, AND 26TH OF THIS PAY PERIOD , BACKGROUND : WHILE ON SCHEDULED VACATION TO VISIT HIS FATHER IN YELLVILLE, ARKANSAS, PERRY CHEEVER, AN 11 YEAR EMPLOYEE, DISCOVERED HIS FATHER TO BE GRAVELY ILL AND COMIMITTED HIM TO A HOSPITAL IN SPRINGFIELD, 11ISSOURI , MEDICAL DIAGNOSIS SUBSEQUENTLY PROVED HIS FATHER TO BE TERMINALLY ILL WITH AN ADVANCED STAGE OF STOMACH CANCER WITH NO HOPE GIVEN FOR RECOVERY . AT THAT POINT, PERRY NOTIFIED US OF THE SITUATION AND REQUESTED PERMISSION TO REMAIN WITH HIS FATHER AT THE HOSPITAL TO CONSOLE AND COMFORT HIM WITH THE REST' OF THE FAMILY WHICH HAD BEEN CALLED TO THE HOSPITAL, IN ORDER TO REMAIN THERE, PERRY USED HIS REMAINING VACATION, SICK LEAVE AND COMPENSATORY TIME OFF HOURS IN HIS ACCOUNT, THROUGH MARCH 16TH , AT THAT POINT, HE REQUESTED AN EXTENSION OF HIS LEAVE, INDICATING THAT HE WOULD REQUEST THE COUNCIL TO PERMIT HIM TO "BORROW" ON HIS PROJECTED BENEFIT EARNINGS TO COMPENSATE FOR HIS LOST TIME THROUGH THIS ORDEAL WITHOUT ANY APPRECIABLE LOSS OF WAGES , NIS EARNED BENEFITS EXPIRED ON MARCH 16TH ON THE LAST PAY PERIOD, WITH THE CITY ADMINISTRATOR GRANTING HIM VACATION BENEFITS FOR THE 17TH , CHEEVER REMAINED AT THE HOSPITAL WITH HIS FATHER, HOPING TO USE HIS PROJECTED EARNED BENEFITS UNTIL MARCH 26TH WHEN HE RETURNED TO SHAKOPEE , CIILLVER P. 2 AT- THIS POINT, IT IS PERRY� S INTENTION TO POSSIBLY TERMINATE HIS EMPLOYMENT WITH THE CITY OF SHAKOPEE AFTER SEPTEMBER OF 1984, AND MOVE TO THE ARKANSAS AREA AFTER HIS DAUGHTER GRADUATES FROM BUSINESS SCHOOL, HE HAS STATED THAT HE WILL NOT LEAVE OUR EMPLOYMENT UNTIL HE HAS SATISFIED THE It MAKE-UP" OF THE PROPOSED LOAN OF VACATION/SICK LEAVE BENEFITS , CHEEVER IS REQUESTING 56 HOURS OF VACATION BENEFITS USED FOR MARCH 16TH, 19-23, AND THE 26TH FOR THE TIME THAT HE HAS SPENT WITH HIS FATHER AT THE HOSPITAL, WHEN HIS FATHER PASSES AWAY, BOTH DICK ANr PERRY CHEEVER PLAN TO ATTEND THE FUNERAL USING SICK LEAVE BENEFITS AT THAT TIME , FROM MARCH 25TH UNTIL THE END OF SEPTEMBER, PERRY WILL HAVE EARNED APPROX . 67 , 0 HOURS OF VACATION, AND 53 . 5 HOURS OF SICK LEAVE BENEFITS , THIS IS COMPUTED BY MULTIPLYING 4 . 62 (HOURS EARNED PER PAY PERIOD) TIMES THE 14 . 5 PAY PERIODS THROUGH SEPTEMBER , THE SICK LEAVE BENEFITS IS TABULATED BY MULTIPLYING 3 . 69(liOURS EARNED PER PAY PERIOD) TIMES THE 14 , 5 PAY PERIODS . THIS DOES NOT INCLUDE ANY CTO wHicH MAY BE EARNED DURING THIS PERIOD WITH OVERTIME EARNED. ALSO, THIS DOES NOT INCLUDE POSSIBLE ADDITIONAL SICK DAYS POTENTIALLY USED DURING THIS EARNING PERIOD . NORMALLY, BORROWING PROJECTED EARNED BENEFITS WOULD NOT CONSTITUTE ANY RICK TO THE CITY, BECAUSE A LONG TERM EMPLOYEE, SUCH AS PERRY, WOULD HAVE ACCUMULATED ENOUGH SICK LEAVE HOURS AOR SEVERANCE PAY) TO PROTECT THE EMPLOYER IN SUCH A REQUEST . HOWEVER, PERRY EXPERIENCED MAJOR ABDOMINAL SURGERY LAST YEAR WHICH DEPLETED HIS SICK LEAVE ACCOUNT TO THE MINIMUM, AGAIN, 1T SHOULD BE REMEMBERED THAT WE ARE REQUESTING EXTENDED BENEFITS TO A LONG TERM, RELIABLE, EMPLOYEE WHO HAS BEEN WORKING FOR US FOR 11 YEARS . ALTERNATIVE ALT, #1. GRANT PERRY CHEEVER THE "BORROWED" VACATION BENEFITS FOR MARCH 16TH, 19-23, AND 26TH, ALLOWING HIM TO PAY BACK THE BENEFITS THROUGH SUCCEEDING PAY PERIODS UNTIL THE 56 HOURS HAVE BEEN MADE UP . PERRY AGREES NOT TO TERMINATE HIS EMPLOYMENT UNTIL THE HOURS HAVE BEEN REPAID, � t r. CIIELVLR P. 3 `t ALT, -# 2. SAME AS ALT, 1, EXCEPT NOT ALLOWING PERRY TO USE ANY MORE SICK LEAVEIVACATION BENEFITS UNTIL HE HAS REPAID THE DEFICIT, EXCEPT , THE ALLOWABLE 3 DAYS SICK LEAVE NORMALLY GRANTED FOR FUNERALS . IF PERRY BECOMES SICK, ETC . , HE WOULD USE CTO, OR NOT BE COMPENSATED FOR MISSING WORK UNTIL THE DEFICIT HAS BEEN REPAID. AGAIN, PERRY AGREES NOT TO TERMINATE HIS EMPLOYMENT UNTIL THE HOURS HAVE BEEN REPAID, ALT. # 3. DENY THE REQUEST TO "BORROW" THE VACATION BENEFITS FOR 56 HOURS MISSED, FROM MARCH 16, 19-23, AND 26TH . RECOMMENDATION : ALTERNATIVE # 1 , PERMIT PERRY CHEEVER TO "BORROW" THE 56 HOURS TO COVER THE TIME PERIOD MISSED MARCH 16, 1.9-23, 26TH, BY ALLOWING HIM TC PAY BACK THE BENEFITS THROUGH SUCCEEDING PAY PERIODS UNTIL THE 56 HOURS HAVE BEEN REPAID. ALSO, ALLOW PERRY THE NORMAL 3 DAYS SICK LEAVE NEEDED TO ATTEND HIS FATHERS FUNERAL IF AND WHEN NEEDED , PERRY AGREES NOT TO TERMINATE HIS EMPLOYMENT UNTIL THE DEFICIT HAS BEEN REPAID. ACTION REQUESTED : Approve the request of Perry Cheever to borrow 56 hours of vacation and 24 hours of sick leave, if needed, because of an unexpected family illness . MEMO TO: Mayor and Council !' FROM: John K. Anderson, City Admin. RE : Hiring of Temporary Employees DATE: March 29 , 1984 INTRODUCTION Current City Policy allows the City Administrator to hire temporary or seasonal employees at a wage rate within the estab- lished rates specified in the annual pay Resolution. Because the Racetrack will require additional staff time to review and process Building and Engineering Permits , etc . , I would like to clarify my authority in this area . BACKGROUND The City Building Inspector has an established procedure under which he has hired temporary Building Inspection help and carefully matched the expenses created by the additional help with the new revenues from the particular projects Building Permit Fees . The Building Inspector and I would again like to be able to exercise this type of authority. The Engineering Department will also be required to process a significant amount of Engineering projects during the next 1 to 2 years . Again, we would like the authority to hire temporary Engineering Staff with the expenses for the individuals hired charged to the appropriate projects . At this stage , we anticipate the need for 1 additional Inspector for the various projects . Finally, it appears that there may be additional demand on our Secretarial Staff . City Hall Department Heads will have met twice by Tuesday night ' s meeting, to discuss possible alter- natives . Again, we are looking at the possibility of using a temporary Secretarial Service, but the exact nature of our Secre- tarial needs has not been defined. RECOMMENDATION The purpose of this memo is to alert City Council to the probable increase in temporary staff to handle the start-up and construction of the Racetrack and the roadway systems that will serve it . I felt it best to alert Council to the key areas in which we might need this assistance , even though we already have the authority to hire a part-time staff . In addition, City Council should know that. the Building Inspector estimates that the proceeds from the permits for the Racetrack will increase our permit income for 1984 by an estimated $200,000. 00 to $250,000 . 00. Hiring of Temporary Employees Page 2 March 29, 1984 ACTION REQUESTED Pass a motion authorizing the City Administrator to exercise his existing authority to hire temporary employees to assist with the development of the Racetrack within the existing pay Resolution salary standards and initially in the Engineering, Building Inspection and Secretarial areas . JKA/bn MEMO T0: Mayor and Council , FROM: John K. Anderson RE: Employment Agreement Renewal DATE : March 29 , 1984 INTRODUCTION City Council , at its February 21 , 1984 meeting, established a three member committee to negotiate the renewal of the City' s Employment Agreement with City Administrator John K. Anderson. The committee consisting of Eldon Reinke , Dean Colligan and Gloria Vierling met with the City Administrator on March 20, 1984 to discuss renewal of the agreement . BACKGROUND The committee was provided with pertinent salary and benefit data prior to the meeting to use for the negotiations . The pro- posed Contract is attached for Council review and action April 3, 1984 . The Employment Agreement follows the same format as that of the first three year agreement executed November 18 , 1980. A key element of the proposed agreement is a three year committ- ment by the City Administrator.. Council members not part of the committee are urged to contact the Mayor or one of the other two committee members before Tuesday night ' s meeting if they have questions . Committee members can provide data they have availa- ble to them to any Council member who requests it . ALTERNATIVES 11 Approved the proposed Employment Agreement . 21 Reject the proposed Employment Agreement . 31 Attempt to modify the proposed Employment Agreement . RECOMMENDATION The committee members recommend, and the City Administrator accepts the attached Employment Agreement . ACTION REQUESTED Pass a motion authorizing the appropriate City Officials to execute a new Employment Agreement between the City of Shakopee and John K. Anderson dated April 3 , 1984 and attached. �- EMPLOYMENTAGREEMENT Agreement made between JOHN K. ANDERSON, City of Shakopee , State of Minnesota , herein referred to as "Employee" , and the CITY OF SHAKOPEE, a body corporate and politic , of the County of Scott , State of Minnesota , herein referred to as "Employer" . RECITALS A. Employer is a municipal corporation located in the County of Scott , State of Minnesota . B . Employee has engaged in the profession of city adminis- tration and has significant experience as such . C . Employee is willing to be employed by Employer , and Employer is willing to employ Employee , on the terms , covenants and conditions hereinafter set forth . For the reasons set forth above , and in consideration of the mutual promises and agreements hereinafter set forth, Employer :andEmployee agree as follows : SECTION ONE EMPLOYMENT Employer hereby employs , engages and hires Employee as Shakopee City Administrator to perform all of the duties as set forth in Minnesota state law and under the Shakopee City Code and Ordinances , and as additionally set forth by the Honorable Mayor and City Council of the City of Shakopee . Employee shall perform such other duties as are customarily performed by one holding such a position. SECTION TWO BEST EFFORTS OF EMPLOYEE Employee agrees that he will at all times faithfully, industrial , and to the best of his ability, experience , and talents , perform all of the duties that may be required of and from him pursuant to the express and implicit terms hereof , to the reasonable satisfaction of Employer . Such duties shall be rendered at 129 East First Avenue , City of Shakopee , State of Minnesota , and at such other place or places as Employer shall in good faith require or as the interest , needs , business , or opportunity of Employer shall in good faith require or as the interest , needs , business , or opportunity of Employer shall require . SECTION THREE TERM OF EMPLOYMENT The term of this Agreement shall be for a period as mutually agreed upon by the parties , commencing April .3 , 1984. This Agreement shall be considered renewed for regular periods of one ( 1 ) year with changes in the terms and conditions herein set forth as are agreed upon by and between the parties , provided that neither party submits a notice of termination. SECTION FOUR COMPENSATION OF EMPLOYEE Regular Compensation : Employer shall pay Employee , and Employee shall accept from Employer , in full payment for Employee ' s services hereunder , com- pensation at the rate of Forty One Thousand and no/100 Dollars ( $41 , 000 . 00 ) per year , payable every two ( 2 ) weeks . This salary shall remain in full force and effect through December 31 , 1984 , and may be adjusted by the parties thereafter . Special Compensation: Employer shall pay Employee , and Employee shall accept from Employer , in full pay for twelve ( 12 ) month' s annual work, services and advise from Employee a Two Thousand Dollar ( $2 ,000 . 00 ) lump sum payment paid in the first regular paycheck in April of 1984, 1985 and 1986 respectively. In consideration of said lump sum payment set forth in this Section, Employee agrees not to seek other employment within a three ( 3 ) year period from and after the date of this Agreement , unless authorized to do so by the Employer, , provided that the parties reach agreement on annual compensation_aDecember_ 34 1.984. Employee further agrees to provide Employer with sixty ( 60) days ' written notice of termination of this Agreement at the end of the three ( 3 ) year period . SECTION FIVE OTHER EMPLOYMENT Employee shall devote all. of his time , attention, knowledge , and skills solely to the interests of Employer , and Employer shall be entitled to all the benefits , or other issues arising from or incident to all work, services , and advice of Employee , and Employee shall not , during the term hereof , be interested directly or indirectly , in any manner , in any business capacity or act on behalf of any other municipal corporation. SECTION SIX EMPLOYEE' S INABILITY TO CONTRACT FOR EMPLOYER Notwithstanding anything herein contained to the contrary, Employee shall not have the right to make any contracts or commitments for or on behalf of Employer without first obtaining consent of Employer . SECTION SEVEN EMPLOYER TO PROVIDE CITY VEHICLE Employer will provide Employee a suitable unmarked City owned vehicle , properly licensed, insured , etc . , for use by Employee for business purposes of Employer and miscellaneous private uses within the City' s corporate limits . SECTION EIGHT TERMINATION OF AGREEMENT The Employer agrees that in the event Employee ' s employment is terminated by Employer for any cause other than a conviction of a criminal offense , Employee shall be entitled to ninety ( 90 ) days ' salary as severance pay. SECTION NINE EMPLOYEE BENEFITS Hospitalization Insurance : Employer shall provide to Employee such group hospitalization insurance as is provided to other full-time employees of the Employer , and on the same basis . Life Insurance : Employer shall provide to Employee such group term life insurance as is provided to other full-time employees of the Employer , and on the same basis . Additionally Employer shall provide to Employee One hundred thirty thousand dollars ( $130 ,000. 00) in individual term life insurance annually. Employee shall file annually a separate W-2 form as required by law. Vacation Benefit : Employer shall provide Employee three weeks of earned paid vacation per year commencing April 3 , 1984. Said vacation shall be earned on the same basis as that of other full-time Employees with a minimum of five ( 5 ) years of experience . SECTION TEN T , CHAMBER OF COMMERCE DUES Employer agrees to pay Employee ' s membership dues in the Shakopee area Chamber of Commerce , plus monthly Board of Director and quarterly general membership meeting expenses when properly recorded receipts are provided. SECTION ELEVEN CONFERENCES Employer agrees to pay Employee ' s reasonable and customary expenses for annual attendance at one state and one national con- ference for municipal officials , subject to the availability of budget funds for such travel , and will further agree not to restrict Employee ' s travel for such purposes unless such restrictions are also placed on other Employees . SECTION TWELVE SEVERABILITY All agreements and covenants contained herein are severable , and in the event any of them, with the exception of those contained in Sections One and Four hereof , shall be held to be invalid by any competent Court , this contract shall be interpreted as if such invalid agreements or covenants were not contained herein. SECTION THIRTEEN CHOICE OF LAW It is the intention of the parties hereto that this Agreement and the performance hereunder and all suits and special proceedings hereunder be construed in accordance with and under and pursuant to the laws of the State of Minnesota and that any action, special proceeding or other proceeding that may be brought arising out of , in connection with, or by reason of this Agreement , the laws of the State of Minnesota shall be applicable and shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which any action or special proceeding may be instituted. IN WITNESS WHEREOF, the parties have executed this Agreement at Shakopee , Minnesota on the day of April , 1984. EMPLOYEE EMPLOYER Jo n K. Anderson Mayor i t y OTe --------------- - Final Draft- March 26 , 1984 COUNCIL WORKSESSION GOALS & OBJECTIVES 1984 Communications 1 .0 GOAL - It shall be the goal of the City of Shakopee to foster effective , two-way communications between the City Council Members , City employees , citizens , other governmental agencies and interest groups . 1 . 1 SUBGOAL - The betterment of public relations and improvement of existing communications with the general public , news media and groups using City services . 1 . 11 Objective - Encourage department heads to get out press releases on positive , more routine items to improve public knowledge of City operations . Action - On going . Systematically review services- /issues that lend themselves to publication , etc . Make a seasonal listing of notices for utility stuffers and news media by 8/ 1/84 . 1 . 12 Objective - How can the City get more and better citizens participation in City affairs? What is the City ' s responsibility in disseminating information , generating press or radio coverage? Action - Staff should maximize all publication and notice procedures to inform the public . 1 . 13 Objective - Prepare for possible Cable TV broadcasts of Council meetings and other events . Actio - Cable Advisory Committee formed and making plans for non-profit cable corporation which will do local origination programing . Inc . papers filed 2/84 & orientation held 3/84 , begin Council broadcast by 9/ 1/85 . 1 . 14 Objective - ImprovenewspapercoverageofallCouncil meetings to get broader citizen/Council perspective on meeting discussion and action . Ac ion - Remind newspaper to attend all meetings to minimize staff time with media on follow-up the day after . 1 . 15 Objectiv.Q - Create a good concise annual report that lists activities in a statistical manner and narrative manner for each department . Action - Provide first Draft by 1/31/85 for 1984 . 1 . 16 Objective - Staff members should not give citizens the impression they can resolve a problem in/with another staff person ' s department . -1- Action - Staff should follow Council Policy of dealing with complaints i . e. take complaint and suggest you ' ll look into it with the concerned department (be non-commital rather offering support or opposition until all sides of the issue are aired) . 1 . 2 SUBGOAL - The City Administrator should undertake steps to resolve personnel problems in a timely manner and improve employee morale . 1 . 21 Objective - Council would like more feedback on potential problem areas . Action - Keep Council posted through informational items. 1 .22 Objec iv - Investigate incentive programs designed to encourage City employees to look for money and time-saving ways to run city operations. Action - Prepare a report on possible alternatives by May 1 , 1984. 1 .23 Objective - Consider additional Administrative Staff support for transit system as it is being set up. Action - Report by 5/ 1/84 . 1 .24 Objective - Consider staffing to get into municipal cable programming towards the end of 1984 (using increased cable revenues) . ��tion - Report by 5/ 1/ 84 . 1 .25 Objective - Carefully plan the extra work load on Staff if we get the Racetrack and hope to carry on other business during the push to complete construction . Action - Conduct staff meeting to address this problem the 1st week of April if the Shakopee site is selected . Government Structure 2 .0 GOAL - Continually strive for effective and efficient municipal government . 2 . 1 SUBGOAL - Recommend the establishment and improvement of programs and department function to insure a smooth running , efficient and more effective municipal government . 2 . 11 OLj cg tine - City Administrator should make more decisions without Council approval when covered by resolution , standard procedure , ordinances . Action - Council and staff should identify and assign more areas of routine oversite to the Administrator . -2- l� 2 . 12 ObJective - Survey City services to determine if they are all being used to the optimum. Action - On going. Systematically question services to determine if they are being used or if they are being provided at the proper level . Do this through quarterly department head meetings and budget cycle . Establish objective measurement devices for services provided by each department . Ac or, - Develop a list of all City services for Council staff review by October 1 , 1984. 2 . 13 Objective - Insure that all operations can be properly staffed during regular hours . Action - Cross-train employees in related areas to carry on in case of short term vacancies , sickness and vacations. Example : Building Permits , Zoning , Word Processing , Inspections , etc . 2 . 14liiective - Develop microfilming and document control procedures and purge files . Action - Report to Council by 8/ 1/84 . 2 .2 SUBGOAL - To strengthen the Council and to improve the efficiency and workability of this form of municipal government . 2 .21 Objective - Improve staff/Council relationship by encouraging more Council visits to staff during working hours to obtain a better insight of the work , programs , policies , etc . of the department. Much progress has already been made in this area . Action - Councilmembersshouldcalldepartmentheads and schedule tours , review of specialized equipment and procedures (eg . snow plowing) . 2 . 22 Objective - Address staff 's concern about surprises and comments at Council meetings that affect credibility. Action - Council should try to discuss unresolved items before meetings and channel them to staff so an adequate response can be prepared . Action - Council should try to avoid disregarding staff recommendations regarding contractor ' s requests for waiver of code requirements . 2 .23 Objective - Make a Council commitment to the C . I . P . in sufficient time to budget engineering staff time . Action - Review C . I . P. in sufficient detail to make a commitment in July . 2 .24 Objective - Staff memos should include reasons for both approval/denial when recommendations come to Council . -3- Aglim - More improvement needed . Staff memos / should cover the "what if,, question as they relate to all alternatives . 2 .25 Ob jgctye -The Council members should understand the procedures of the Council meeting so that they can serve the best interests of the governing system. Action - Review procedures annually. 2 . 26 Objective - Goals and Objectives should be an on- going thing during the year , as something comes to mind or a problem surfaces , turn it in . Action - Add objectives as needed during the year . Gov— ernment Se.nvice� 3 . 0 GOAL - To provide the most effective and efficient level of service possible to meet the needs of the citizens of Shakopee . 3 . 1 SUBGOAL - To develop and improve the efficiency and safety of the City ' s transportation plans . 3 . 11 Obi iv . - Bridge and by-pass needed . Action - The residential growth of Shakopee maybe restricted by lack of convenient access to the twin cities . The County Road 18 bridge crossing is becoming more critical . The City should continue to push for the bridge funding including transfer of the excise tax retroactive to July 1 , 1983 to fund the By- pass . 3 . 12 Obj iv - The Valley Mall traffic control circulation situation is to be corrected . Action - Engineer 's Twelfth Street report should be implemented with the construction of 13th Street connecting the mall . 3 . 13 2h_jective - Traffic leaving Valleyfair should be corrected to prevent unlawful U-turns . Action - Mn/Dot to construct in 1984. 3 . 14 Ob jecti_ye - Intersection signals of CR 83 and Highway 101 . AptiQn - Scheduled 1984 CIP, County project . 3 . 15 Objective - Complete the street preservation and rehabilitation policy that classifies how the City will finance maintenance for all streets . Action - Complete schedule for systematic street maintenance based upon payment and traffic analysis study being done by Engineering and the above mentioned policy due May 1984 . -4- Action - Schdule streets to receive overlays and seal 1% coats in 1984 by June 1 , 1984 . Action - Get the 4th Avenue Project underway in 1984. 3 . 16 Objective - Reduce street maintenance costs/- responsibilities by systematically vacating un- needed streets . Action - Based upon the reports from 3 . 15 above , outline streets to be vacated and then try a street vacation public hearing on the least needed street( s ) . Action - Encourage residents and businesses to initate vacations of unnecessary streets . Action - Investigate a turn-over program whereby residents/businesses would agree to return vacated streets R-O-W to the City if the City would clean-up the street and create a marketable lot(s) . Secure a written legal opinion from O ' Connor Hannen . Draft a policy addressing even handed action by Council on all types of street vacations . 3 . 17 Obj i - Improve City traffic signing . Action - Check all traffic signing in Shakopee for proper readibilty and locational placement . Action - Remove yield signs and replace them with stop signs where appropriate by 1985 . Action - Improve citizen awareness and compliance with traffic signing for all vehicles - cars , tractors , bicycles , snowmobiles , etc . thru targeted enforcement and public information . 3 . 18 Objeg ive - The 4 cents gas tax increase has been approved by the legislature and the Governor . We need to work successfully to ensure that the By-pass is constructed . 3 . 19 b j_Q(jJ_j,y_P_ - Follow-up on MTC opt-out alternatives and S.F . 884 transit financing . Action - Implement a subsidized dial-a-ride service in Shakopee and van pools for commuters upon approval of opt-out . Clarify the City ' s authority in levying for transit. Is it limited to the Metro-wide levy amount? Action - Monitor legislation and actively support restructuring of MTC . 3 . 19A Obigetiv - Get street cuts patched in a timely manner. -5- Action - A problem still exists with Contractors maintaining their utility trenches in a callous manner. There are still a few loose ends with our street permit process , although we are close to controlling their work. They should provide phone number list , etc . 3 . 19E Objective - Improve traffic flow at CR 17 and 4th Avenue . Action - Analize the need for traffic control at 4th and County Rd . 17 by July 1 , 1984 . 3 . 19C Objective - Develop a 11thru" street on Minnesota or Market. Action - Coordinate with traffic study being done by Westwood and report by 5/ 1/84 . 3 . 19D Obi iy - Upgrade or remove railroad crossing . Action - Coordinate with traffice study being done by Westwood and the Downtown Committee and report by 5/ 1/84 . 3 . 1 9E -Ljec iy - We need handicapped parking stalls in the downtown area . Action - Report on potential locations , usefullness , etc. by 5/ 1/84 . 3 .2 SUBGOAL - Improve regulations , management thru zoning of property within the City. 3 .21 Objective - The City should insure up-keep of streets and utilities in private homes associations thru/by the homes association deed covenants. Aeon - Staff should draft a memo to Council regarding this by October 1 , 1984. 3 .3 SUBGOAL - Improve the management of City owned property ( parks , buildings , etc . ) 3 .31 O-tjec i e - Emphasize development and improved maintenance rather than new acquisitions . Action - Doing as per Six-Year Plan . 3 .32 Obj iy - Clear title of railroad property north of 4th Avenue that cross City owned lots (Nos . 3 and 4 in Block 52) and develop lots or sell them. Action - City Attorney processing sale to City . 3 .33 Obj c iv - Encourage Scott County and the Met Council to acquire and develop regional trails thru Shakopee to O 'Dowd Lake and along the Minnesota River that will be of benefit to local citizens. -6- Action - Council should support the trail and staff should monitor it ' s progress to assist Council in timely follow-up. 3 .34 Objective - The Mill Pond was not treated with copper sulfate in 1983 because of the initial program turn down by the D. N. R. to hold down algae bloom. Action - The reversal of this decision will allow this program to be completed in 1984 by City staff. 3 . 35 Objectiyg - Place ALPHA ownership file on computer. Action - Complete by 12/31/84 . 3 .4 SUBGOAL - Monitor appropriate level of Community Services Department programs . 3 .41 Objective - The Community Sevices Department should deal with the issue of township financial support for Community Services . Action - Develop recommendation for City Council and School Board documenting the disparity by October 1 , 1984 . 3 .5 SUBGOAL - The City should maintain sound fiscal management procedures to insure that needed services can be provided . 3 .51 Objective - Completeselectionof appropriate micro- computer systems and install equipment in 1984 . Action - Follow-up on the Task Force Recommendation with the purchase of a networked micro-computer system, it ' s installation and implimentation by June 1 , 1984. 3 .52 Objective - Fiscal disparities. Action - The City lost the case in the State Supreme Court and should press the issue legislatively through the Metropolitan Caucus in 1984-85 . 3 .53 Objective - SPUC is still pursuing acquisition of REA. Action - The condemnation decision was unfavorable and SPUC is considering next course of action . 3 . 54 ObjeQtive - SPUC is still pursuing acquisition of NSP . Action - SPUC - NSP negotiations still underway . 3 . 56 Objective - Change State Local Government Aid Formula ( LGA) Action - Pursue legislative changes thru the Municipal Caucus in the 1984-95 Legislative Session . -7- 3 .58 Obipctive - Establish financing for new storm sewer construction . Action - Study and possibly implement a storm sewer fee for newly developing areas by setting a dollar per acre fee like Burnsville and Savage have established by 10/ 1/84 . 3 .59 Objectee- - Avoid a shotgun approach to grants and development incentive to focus on those areas which are most significant to the City . Action - On-going . 3 .6 SUBGOAL - To improve and make more efficient park services to the public . 3 .61 Objective - Analize playground equipment stock for replacement and/or upgrading . Action - Establish a schedule for systematic review of all pari: equipment and begin with the 1st park( s) in 1984. 3 . 62 Objective - Post rules and regulations in all city parks . Action - Begin with signs for Holmes , the one there is in bad or sad shape . Signs should be out of reach and large enough to catch the eye of ball players , etc . 3 .7 _UBGOAL - Improve the current "perspective" citizens have of police officer ' s overall concern for the citizens . 3 .71 Objecti e - Continue proper miscellaneous non- criminal code enforcement efforts by police officers . Action - Clearly establish the level of expected working knowledge of these City codes (junk cars , park rules , parking rules , junk ordinances , etc . ) and the level of expected enforcement after discussing this with City Council . Action - Enforce park rules . 3 .72 Objective - Better control of loose dogs . Action - Police and animal warden should recommend ways to improve the service and list cost by June 1 , 1984 . Report on number of licensed vs non-licensed dogs . Work with vets to improve licensing . Actiori - Develop a coordinated S.O. P. for all departments dealing with animal control (Clerk , Police , Planning and Animal Warden) . 3 .8 SUBGOAL - Reduce the cost of services provided citizens through the City ' s sanitary sewer system. -8- 3 . 81 Objective - Reduce MWCC monthly charge for sewage treatment. g Action - Keep working with Governor 's office and other groups to put pressure on the MWCC to cut costs outlined in the Bollen ' s Report. A-Q-t ion - Reopen books to review fee/charge computation formulas . Ob Jective - Implement the recommendation from the I & I study which equal approximately $39 ,000 . Action - Begin work on the specific recommendation in 1984 that don ' t require budget amendments . 3 . 83 Objective - Provide some type of financial relief for sewer back-up clean-up. Action - There is a failure to provide adequate compensation to citizens who suffer losses due to City Services such as sewer and water damage . Investigate forming a committee to review claims for sewer back-up, because the present policy does not protect or help home owners. This committee would review any claims and make a recommendation to the remainder of the Council and a contingency fund for awards and identification would have to be budgeted . Report by 6/ 1/84 . 3 .9 SUBGOAL - Periodically review regulating ordinances . 3 . 91 Ob iec i v_Q - Review ordinances as to their impact on citizens , for example , the odd/even parking is annoying when people have parties. Possibly we could change it to 2 : 00 a .m. to 8 : 00 a .m. Another example , the snowmobile ordinance may be so stringent that anyone who would stop when asked before , wouldn ' t do so now . Action - Schedule review of odd/even parking ordinance in May of 1984 . Action - Schedule review of snowmobile ordinance in Sept. of 1984 . Physical- Development 4 .0 Goal - To provide a consistant and constant plan to enhance the resources , and strengthen the economic base of the area and provide for the enjoyment and well-being of the citizens of Shakopee . 4 . 1 SUBGOAL - Develop and use capital improvement program (CIP)and capital equipment program on a 6 year basis to increase the coordination of service and the economic well being of the community. Hold a separate work session on the C . I . P. -9- 4 . 11 Objective - We need to be more accurate in CIP projected projects for the nearest 2-3 years . Action - Fine tune the process to be more accurate during budget preparations for 1985 . 4. 12 Objective - Upper Valley drainage plan . Action - Engineering following-up on joint powers agreement with Jackson Township , etc . as per Chapter 4509. Drainage analysis for the joint powers agreements and a letter from MN/Dot combining the drainage with By-pass . 4 . 13 Objective - Drainage problems ( 1 ) Horizon Heights , ( 2) 2nd Avenue and ( 3) 4th and Minnesota . Action - Grant application submitted for No. 1 and approved for 1984. No action scheduled for 2 and 3 in 1984. 4 . 14 Objective - New City Hall . Will we need a new one in 5 years and should we set aside the money? Our buildings are very energy inefficient . Aie j 4n - List in 1984-89 Six Year Capital Improvement Plan . Action - Work on location of a new City Hall including , but not limited to , the Downtown Committee ' s suggestions Action - This project should go forward when the current buildings are sold for redevelopment . 4 . 15 Objective - Waterline looping should be continued . Ac ion - On-going job of SPUC. 4 . 16 ObJective - Complete needed storm sewer system throughout the City. Action - Follow-up only when there is a clearly critical need and/or when residents are interested in it . 4 . 17 Objective - Complete the study on joint powers agreement for the upper valley drainage. Action - Have agreement executed by July 1 , 1984 , the 509 deadline . 4 . 18 Objective - Complete construction for railroad parking lot . Action - This project is budgeted for 1984 and should be coordinated with the Downtown Committee ' s program for ' 84. 4 . 19 Objec ye - City wide sidewalk program. -10- 7 CT <? Action - Complete the sidewalk system in Shakopee in conjunction with the school ' s safe street program. The City needs a formal policy on where sidewalks are to be constructed , how we pay for them, and what their purpose , function should be (used for snow storage on boulevards during winter) . Coordinate with the County. The 1983 sidewalk, curb and gutter , and driveway program worked well , let ' s really publicize it and push it again in 1984 . 4 . 20 Objective - Reduce street maintenance cost by completing curb section on all streets. Actign - Report on needed curbing throughout town and determine if it is practical to install it where the need is the greatest. Continue to promote the City ' s successful voluntary curb gutter & sidewalk fix-up program. Economic Development 5 .0 GOAL - Have an economic development plan that will create jobs and diversify the City ' s economic base . 5 . 1 SUBGOAL - Continue with the advances made by the Downtown Committee to redevelop the downtown area without letting the Racetrack development sideline downtown efforts . 5 . 11 Objective - The City should make funding tools available for the downtown redevelopment. The private sector , however , must participate finan- cially ( 50/50 or some other percentage) . Action - Pursue hotel/motel development feasibility with Valleyfair and the Mdewakanton Sioux , and push for contruction of the Hospital ' s clinic proposal , and a 100 unit multi-family housing project in 1984- 85 . Acton - Downtown redevelopment should be designated to capture tourism trade from Valleyfair , Murphy ' s Landing and the Renaissance Festival . The City needs to put on a new face for tourists going through the community , provide adequate motel facilities and boat landing access to the river. Action - Review the City ' s interest in promoting development and construction of a profession building on Atwood . The Mayor and City Adminis- trator were serving on a task force for the hospital ' s clinic. Now M.A. Martinson is proceeding and the City should schedule a separate Council meeting to present and discuss redevelopment possibilities for the downtown. Do not elimate Block #57 parking for the Professional Building (note people will not pay to park in this area so a parking ramp probably won ' t work) . -11- Action� -The I . C.C. , Planning Commission , Downtown Committee and downtown merchants should attend a joint meeting and City staff should outline implementation plans after consultant completes overall plan . Action - Design the funding tools used in TIF 1a so that a strong revolving commercial loan program for rehabing commercial businesses can be established . Action - Continue efforts to insure that other taxing jurisdictions , local citizens , and potential developers understand TIF and to what extent it is available in Shakopee . 5 . 12 Objeo ve - The Downtown Redevelopment Project should get off the ground this year with some actual physical improvements being completed . Council may be faced with some difficult decisions . Action - The Concept Plan is completed . The next step is to complete engineering and detail design work for some bid letting in 1984 of at least one project . 5 . 13 Objective - Establish a Chamber/City plan to get a more consolidated and stronger retail core to Shakopee downtown . Action - Work with the Downtown Committee , Chamber , Consultants and businesses to establish a plan to encourage new and relocate existing retail/office businesses in the retail core area to make a stronger retail center as designed in the Downtown Concept Plan . Action - Review Main Street application for 1984-85 by 5 . 2 SUBGOAL - Createeconomicdevelopmentopportunitiesfornew jobs and expanding tax base . 5 . 21 Objective - Try to attract new business to Shakopee . Agtjon - Develop privately financed programs to advertise and promote the City ' s businesses and various opportunities . ( St . Paul ' s program for small business is an example) . Action - Work to strengthen the Chamber of Commerce to enable it to be a stronger partner in downtown redevelopment. Resurrect the industrial develop- ment corporation and increase it ' s role in downtown redevelopment and check into joint promotions with mall west of town . 5 .22 Objective - Try to attract major housing developers to Shakopee . The City lacks housing in the management price range probably because of the lack of amenities and a highway linkage to Hennepin County . -12- Ac ion - Contact potential large scale developers with concrete proposal such as a PUD using T. I.F. on on the old correctional facility site. 5 .3B OAL - Review procedures and costs associated with new development . 5 .31 Obiecye - Try to develop a team approach to development inquiries to: ( 1 ) Provide better service and , (2) To coordinate internally the flow of information. Ac ion - Complete S.O. P. by 6/ 1/84 . 5 .32 Objective - Review Computation and assumptions for SAC and MWCC charges . 5 . 4 UBG AL - Create the financing for key development needs. 5 . 41 Objective - Refinance the K-Mart TIF for 15 years to get the $6,000, 000 for the Downtown Project and the Upper Valley Project . Action - Complete the refinancing in April 1984. Env 1 r o QMen1a? 6 . 0 GOAL - To protect and preserve the natural environment of Shakopee , including land , air and water. 6 . 1 SUBGOAL - To insure the well being of the community ' s environment and to effectively monitor and manage it ' s resources. 6 . 11 Objective - Follow hazardous waste siting process. A on - On-going. Shakopee ' s industrial park has been included . Our Building Inspector is on the committee . 6 . 12 Objective - Work for the sale of the Shakopee sludge farm by the MWCC . Action - The site has been found to be intrinsically suitable by the PCA hearing examiner for land spreading at agronomic rates . Staff must continue to push this issue and seek the sale of the property by the MWCC (update Ray Siebenaler) . 6 . 13 Ob iec i ve - The City needs to protect the public water system in the flood plain . The hydrant vents under the high water mark. Action - Pump house No. 1 is in the flood plain and needs flood proofing since the building is owned by the City. Work with SPUC on this project . -13- Housing & Redeveloproent Authority 7 .0 SUBGOAL - Have a housing and Redevelopment plan that provides and promotes the creation of needed housing units for Shakopee ' s growing population . 7 . 1 SUBGOAL - An indepth look and attention by the HRA Department for improved community service to housing developments . 7 . 11 Objective - Could the City provide more types of housing? Action - Staff should renew contacts with potential residential developers and show then the community. Action - Staff should take the County HRA rehab program referral calls and list them for follow-up purposes to insure Shakopee residents benefit from the program. Staff should also check the percentage of rehab loans to insure that Shakopee gets a fair percentage . Action - HRA staff needs to put together a program that can be used to build moderate income housing units on the vacant lots around the City using T . I .F. without relying on Mn HFA mortgages . 7 . 12 Objective - Encourage development of areas with unique problems such as Section 6 , north of County Road 16 now served with utilities , Robert Pit , etc . Action - Normal development incentives are probably not sufficient to encourage development on certain properties . Certain property may need the assistance of T. I .F . , revenue bonds , mortgage revenue notes , etc . That would tip the balance in favor of development . Such a program would not be limited to one location . Intergovernmental Rlations 8 .0 GOAL - It shall be the goal. of the City of Shakopee to work constructively on relationships with other governmental agencies that have taxing and regulatory impact on the City ' s citizens . 8 . 1 SUBGOAL - The City should seek to better understand , coordinate and integrate it ' s services with Scott County to better serve it ' s citizens and insure citizens are not taxed for duplicate services . 8. 11 Objective - Citizens should be informed about the level of Police Department activities/workload that is related to Scott County court scheduling problem. Action - This should be addressed collectively by the Mayors and Administrators I groups in Scott County and possibly Dakota County with all jurisdictions addressing the court system problem as a unit . -14- 8 . 13 Objective - The City should actively continue it ' s efforts to convince Scott County to study alternate forms of government . Action - This effort should come thru the Scott County Mayors and Administrators Group. 8 . 14 Objective - The City should continue to work with the County to eliminate all duplication of City and County services such as overlapping police/sheriff department services . Action - Continue current discussions of this type thru the Mayors and Administrators Group and other groups. Action - Scott County has at least 100 miles of County Road that should be turned back to the Cities and Townships . Work on with County Engineer . 8 . 1 5 Objective - The Scott County mill rate is relatively high compared to the mill rate in the six other metropolitan counties. This negatively impacts Shakopee and should be investigated to determine what the possible causes are e . g . costly county services , fiscal disparities , etc . Action - Pursue thru Scott County Mayors and Administrator Group. 8 . 2 SUBGOAL - The City should seek to keep it ' s relationship with SPUC in good shape to insure maximum cooperation and coordination . 8 .21 Objective - We have two separate governments in Shakopee that set policy affecting citizens , the City and SPUC . The City and SPUC should review together their relationship as it affects the citizens they deal with on a daily basis . Action - Hold a joint meeting to review goals and objectives in May 184 . 8 .3 SUBGOAL - The City of Shakopee should respond to State and regional policies, regulation and taxes that affect Shakopee ' s citizens . 8 . 31 Objective - What role or level of involvement should City staff play in monitoring Met Council , MWCC , MPCA , etc . ? Action - Council ' s specific response for the City Engineer was approximately 4 hours per month by serving on a committee that deals with one of these agencies . Action - Follow the highway jurisdictional study now being undertaken by the Legislature . -15- 8 .32 Objective - Staff should continue to work towards equity in state aids to schools , cities and counties , equity in transit funding and equity in the fiscal disparities formula . Action - This should be carried on thru the Municipal Caucus. 8 . 4 SUBGOAL - The City of Shakopee should monitor care provided it ' s citizens by other agencies particularly those who are elderly or economically disadvantaged even though services are provided by other agencies . 8 . 41 Objective - More senior citizen protection such as a ambulance and individual call system for stroke or heart attach victims who live alone . Action - Report on possible programs by 10/ 1/84 . 8 . 5 SUBGOAL - Clarify relationships with the Prior Lake/Spring Lake Watershed District . 8 . 51 Ob jec ; v - Withdraw City of Shakopee land from Prior Lake/Spring Lake Watershed District . Action - Complete petition to withdraw by 11/ 1/8)1 . -16- � Iu MEMORANDUM TO: John K. Anderson/City Admini StrAdfor FROM: H.R. Spurrier/City Enginee S RE: Trunk Highway 1.01 Bypass R71t- f- ay Acquisition DATE: March 30 , 1984 Introduction: On March 22 , 1984, Metropolitan Council authorized the City of Shakopee to proceed with the acquisition process for Trunk Highway 101 Bypass Right-of-Way. Background : There is still a considerable amount of work to do before the City can purchase the right-of-way. The events are listed as follows : 1 . The City and property owners will appraise the property. 2 . The City will. determine if the property owner_ will accept the appraised value as acceptable payment for the property . 3 . The City submits the appraisals to Metropolitan Council for approval by MN/DOT and Metropolitan Council . 4. MN/DOT and Metropolitan Council approve the purchase at the apprraised value. S . Metropolitan Council attorney and the City of Shakopee City Attorney prepare a loan agreement for the bypass right-of-way purchase. 6 . The City of Shakopee and Metropolitan Council approve the loan agreement . 7 . Metropolitan Council makes loan to the City of Shakopee for the purchase of the bypass right- of-way. 8 . The City purchases the bypass right-of-way. Our first step is to select appraisers for that bypass right-of- way. It is the recommendation of staff that City Council authorize staff to request proposals for appraisals of the six parcels of land within the right-of-way of the Trunk Highway 101 Bypass , which have been given preliminary approval by Metropolitan TH 101 Bypass R-O-W Acquisition March 30 , 1984 Page -2- Council . Action Requested: A motion to direct staff to request proposals for appraisals of six parcels in the Trunk Highway 101 Bypass Right-of-Way. HRS : cah ,r. MEMORANDUM TO: John K. Anderson/City Administra or FROM: H.R. Spurrier/City Engineer RE: 1984 Curb & Gutter Sidewalk & D ivew y Approach Replacement Program Project No. 1984-2 DATE: March 30 , 1984 Introduction: The City will receive bids on the above captioned project April 2 , 1984. Background: A tabulation of the bids and recommendation for award will be on the table April 3 , 1984 , for approval by City Council . HRS : cah MEMORANDUM TO: John K. Anderson/City Administ ator ��' a FROM: H.R. Spurrier/City Engineer ��� RE: JEJ Drainage of former Chicag Mi k e S Paul and Pacific Railroad Right-of-Way Contract No. 84-3 DATE: March 30, 1984 Introduction: The City of Shakopee will receive bids on the above captioned project April 2 , 1984. Background: The bids received April 2nd will be tabulated and staff will make a recommendation for award. That recommendation will be on the table April 3 , 1984 , for approval by City Council . HRS :cah MEMORANDUM TO: John K. Anderson/City AdminiZI—t or FROM: H.R. Spurrier/City Engineer RE: Shakopee Racetrack Site-Off Site Im�r vem nts DATE: March 30 , 1984 Introduction: In negotiations with the Shakopee Racetrack Site proposers the City has agreed to undertake certain roadway improvements . Those improvements consist of the following: 1 . An East-West roadway connecting the southerly terminus of Valley Park Drive and County Road 83 . 2 . A North-South collector street connecting Trunk Highway 101 and the Shakopee Racetrack Site . Background : These two improvements are separate undertaking, will be designed by different consultants and so for better project management these improvements will be treated as separate projects from this time forward. East-West Roadway connecting the southerly terminus of Valley Park Drive and County Road 83 This roadway has been proposed as a part of the development of Valley Industrial Park. It connects the southerly terminus of Valley Park Drive and County Road 83 at the south line of Valley Park 3rd Addition, the K-Mart Site . This road has been previously proposed as a part of the develop- ment of the Industrial Park. There is preliminary design in- formation available from Valley Engineering, Prior Lake, and so preliminary plans would propose to utilize this data and utilize Valley Engineering for this work. In order to expedite the project , the feasibility report will name the City Engineer as the engineer responsible for preparing the report even though the report would be prepared by a consultant . In the event Valley Engineering is unwilling, or unable to undertake this work, this item will be returned to City Council for further action. A North-South collector street connecting Trunk Highway 101 and the Shakopee Racetrack Site The future collector street in Section 5 was previously proposed for the Municipal State Aid System. It included a North-South segment that ran to the north line of Section 5 then continued east to County Road 83 . The majority of this roadway was -yam, Shakopee Racetrack Site-Off Site Imp. March 30, 1984 Page -2- proposed in the City of Shakopee ' s Comprehensive Plan. Racetrack development bisects the East-West segment of that collector street . That is not a significant problem but it does mean that some modification will have to be made to the souther- ly terminus of this roadway. At this time , the roadway must be extended to the Racetrack Site along the center of Section 5 . In order to undertake this , and the segment that is North of Fourth Avenue , it will be necessary to prepare a feasibility report which will establish the alignment of the roadway so that the City may initiate eminent domain proceedings to acquire the necessary right-of-way in a timely manner so that the construction will be complete in time for •1985 racing. The owners of Prahm-Coll Subdivision are interested in this proposed project and the acquisition of right-of-way because such acquisition could facilitate construction of sanitary sewer and water services in alternate location. Before this City can proceed with right-of-way acquisition, we must first know where the road needs to be , and that will be established with a feasibility report . It is therefore the recommendation of staff that City Council order a feasibility report for the North-South collector street in Section 5 , Township 115 , Range 22 , Scott County, Minnesota. Action Requested : 1 . A motion to adopt Resolution No. 2240, A Resolution Ordering the Feasibility Report for the Roadway Connecting the Southerly Terminus of Valley Park Drive and County Road 83 . 2. A motion to approve the Resolution ordering the feasibility report for the North-South collector street in Section 5 , Township 115, Range 22 , Scott County, Minnesota, Resolution No. 2239 . HRS : cah RESOLUTION NO. 2239 A RESOLUTION ORDERING THE PREPARATION OF A REPORT ON THE IMPROVEMENT OF THE NORTH-SOUTH COLLECTOR STREET BY ROADWAY IN SECTION 5, TOWNSHIP 115, RANGE 22, SCOTT COUNTY, MINNESOTA Whereas , it is proposed to improve Section 5 , Township 115 , Range 22 , Scott County, Minnesota, by a collector street. and to assess the benefited property for all or a portion of the cost of the improvement , pursuant to Minnesota Statutes Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, thatthe proposed improvement be referred to Henry R. Spurrier, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some -other improvements , and the estimated cost of the improve- ment as recommended. Adopted in session of the City Council of the City of Shakopee , Minnesota, held this day of 1984. Mayor of-the City o Shakopee ATTEST: City Clerk Approved as to form this day of 1984-.— CI-Ey 98 -..`City Attorney ----� Y r IPA- RESOLUTION P A _RESOLUTION NO. 2240 A RESOLUTION ORDERING THE PREPARATION OF A REPORT ON THE IMPROVEMENT OF A ROADWAY CONNECTING THE SOUTHERLY TERMINUS OF VALLEY PARK DRIVE AND COUNTY ROAD 83 AT THE SOUTHWEST CORNER OF VALLEY PARK THIRD ADDITION Whereas , it is proposed to improve an East-West Roadway between the southerly terminus of Valley Park Drive and County Road 83 at the Southwest corner of Valley Park Third Addition by roadway improvement and to assess the benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the proposed improvement be referred to Henry R. Spurrier, City Engineer, for study and that he is instructed to report to the Council with all con- venient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement , and the estimated cost of the improvement as recommended. Adopted in session of the City Council of the City of Shakopee, Minnesota , held this day of 1984. -- Mayors t_e City o Sa o_pee ATTEST: City Clerk —i -- Approved as to form this day of 1�$ ` City Attorney l MEMORANDUM MEMO TO: Mayor and City Council FROM: H.R. Spurrier/City Engineer RE: Shakopee Racetrack EIS 4 f DATE: April 3 , 1984 Introduction: Since there was no siting decision hinged on the EIS it was unnecessary to close the public record on the Draft EIS April 2 . Background: Proceeding with all speed on the EIS is now important so that issues related to an Indirect Source Permit ( ISP) from Minnesota Pollution Control Agency (MPCA) may be settled in a timely fashion. Therefore it is the recommendation of staff to close the public record on the Draft Environmental Impact Statement for the Shakopee Racetrack Site Development Proposal . Action Requested: Motion to close the public record on the Draft Environmental Impact Statement for the Shakopee Racetrack Site Development Proposal . HRS : cah o u3A,'s MC) MT vOks I _ . kOCA .t(Q c_-; U3 7kk ku-, b Q T-0 I� ES:7�1 ---------- Mr