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Home My WebLink About06/05/1984 MEMO TO: Mayor and Council FROM: John K. Anderson, City Admin. RE : Non-Agenda Informational Items . DATE: May 31 , 1984 11 The new State Law regarding Industrial Development Bonds ( IDB) establishes a formula for State Allocation of IDB money if the Federal Government puts a cap on TDB' s at .le 1VaLllJllcCl 1CVC1_-.' -ailic" vi�y�v^i'� ... r�� i_<i�Ycz- YS Lzla�137111AP-aha _TJ111).1 'LYIl LLJ _ _ 1.1 n entitlement City and has certified its high three years ai 2tween 1980-1983 average at $4,096 , 660 . 00 . We will be b, ntitled to this amount of IDB' s through September. There- e, fter, we can compete in a statewide pot for additional IDB a oney. If you have questions regarding this program, please m ontact Gregg Voxland. c s noted in the newspaper story Rahr Malting pays $672 ,000. 00 21 A axes per year. Of this amount approximately $121 ,000 . 00 goes t o the City of Shakopee . If they win their tax case , we could t e out $121,000. 00 in tax revenues this year with the right b o make the amount up in 1985 . The implications of this item t an be discussed during the budget session. Rod Krass will be c orking with the County Attorney' s Office in monitoring this w awsuit . 1 lthough the Prior Lake-Spring Lake Watershed District Outflow 31 A eceived authorization to increase their flow significantly, r t has remained in the range of 20 - 25 cfs during the last i lUni`I1. 'PreLSd Y L v i na�cS ��if� `y Y��?�� iyli yl�a c t� yP a Y- 'he City is working on two mandated laws . No . 1 is the OSHA 41 1 employee right to know Act dealing with hazardous materials . E 'his law is to be implemented by July 1 , 1984. The second _aw has to do with handicapped accessibility regulations tied :o our revenue sharing program. By October 1 , 1984 all non- t structural changes to make facilities handicapped accessible ` nust be made . Structural changes , like retro-fitting our n lity Hall bathrooms , must be made within 2 - 3 years . If you lave questions about either one of these programs , please ,ontact Gregg. < Tim Karkanen has the weigh tickets for the gravel that went 51 Lnto the Eaglewood subdivision to provide a temporary service Eor those roads . All loads were half loads or 4 ton loads . j (ark said they have also tried to use their lightest snowplow t iehicles and the grader during the past year because of the condition of the road. I pass this information along because ae had residents tell us that fully loaded City trucks went into the subdivision. Non-Agenda Informational Items . Page 2 May 31 , 1984 6 ] Gene Brown and the other parties involved have executed the necessary easement agreements so that Mr. Brown can convey the area North of lst Avenue at the West end of town to the DNR. Hopefully, this will allow the DNR-to continue construc- tion of their river trail to the Community Services Building this year or early next year. 71 Council received five very nice "thank you" letters from Beanie Lebens , Howie Heller, the Perry Cheever family and from Delores Lebens . The "thank you" cards will be passed around at the Council meeting. 81 George Muenchow has had the Public Address System at the swimming pool repaired and it is working well . This had been a growing problem that was budgeted for repairs this year . George is very pleased with the improvement in the system. 91 Attached is a memo from Gregg Voxland regarding the process we use to handle the sewer refund for Jerry Wampach. 101 Attached is a memo from Richard Braun, Commissioner of Trans- portation, which has a note on it explaining the Trunk Highway #41 detour . 11 ] Attached is a memo from the League of Cities regarding the League Annual Banquet Thursday evening June 14th. Please keep this in mind when things get hectic at the conference . 121 Attached is a memo on the Lower Minnesota River Watershed District indicating approval of the 390 acre Shakopee Race- track. The track also received Minnesota Pollution Control Ngencj apprcoval today ,. DorL, t forget the "ground breaktng" scheduled for Saturday, June 2nd at 2 : 30 p .m. or 3 : 30 p.m. (you should be contacted by the Racetrack regarding the specific time ) . 131 Attached is a memo from the League of Cities regarding an up- date on the LMC Local Government Aid Policy Task Force . The guidelines established by the Task Force seem to be an improve- ment for Shakopee and the twenty-five Cities in the Municipal Caucus . This Task Force Policy will be given to the League Rear,enve Cofflmi tree which I chair. Hopefully, we can generate a favorable Government Aidformula by the- 1�tf5 "Legisrzve session. 141 Attached is a letter from Senator Rudy Boschwitz regarding the Industrial Development Bond Issue before Congress . Non-Agenda Informational Items . Page 3 May 31 , 1984 15 ] Attached is the Monthly Ehlers and Associates , Inc . News Letter . 16 ] Attached is a letter from Ray Ruuska specifying the start-up date for cable restoration work. Please note that the restoration deadline is June 8 , 1984. 171 Attached is a letter from Senator Durenberger regarding Industrial Development Bonds . 181 Attached is a letter from Dean Nyquist regarding lot sales in Timber Trails . 191 Attached are the Revenue and Expenditures Report for the month ending April 30 , 1984. 201 Attached is the City Attorney' s Monthly Log for the month of ending May 16 , 1984. 211 Attached are the minutes of the meeting of the groups trying to put together the baseball field lighting package . 22] Tom Brownell has informed me that an elderly gentlemen who lived in the neighborhood of Jim and Lucy' s was . killed by a truck making a left-hand turn from 4th St . to Highway 101 . The gentlemen was not a Highrise resident . If you have any specific questions , please contact Tom. 231 Attached are the minutes of the April 25 , 198 + Downtown Ad Hoc Committee meeting. 241 Attached are the minutes of the April 23 , 1984 Cable Communications Advisory Commission meeting. 251 Attached are the minutes of the April 19 , 1984 Energy and Transportation Committee meeting. 261 Judi Simac has contacted the operators of the AID house . They plan an Open House in late June as soon as the land- ,-b ;� f;�nhQsL_ They will invite neighbors to the Open House as well as the general public . Judi has informed me that they have met all of the conditions of the condi- tional use permit . David Peterman, has asked residents with complaints to contact him directly. He has also suggested that if there are alley problems , they would participate in a joint petition to pave the alley. David Peterman' s phone number is 452-4264 if you wish to pass that on to any residents . Non-Agenda Informational Items Page 4 May 31 , 1984 27 ] Staff had a preliminary meeting with the mousing Alliance Architect and Financial Team May 31 , 1984. They are moving ahead with their three facility approach and Planning Commission and Council will see action on certain approvals yet this Summer. 28 ] Marilyn, our Sr . Finance Clerk, has agreed to allow us to consolidate all routine personnel duties under her . Pre- viously, Gregg, Judy, Jeanne and I had pieces of it . This ultimately will be a big plus . 291 The Police still haven' t settled for 1984. An arbitration hearing will be scheduled in August or September with an award as far away as November if we go all the way. We will begin paying for our labor relation consultant shortly before we go to arbitration. I ' ll keep you posted. 30 . Attached is a blank copy of my annual evaluation. Please complete it and give it to me Tuesday. Work session, Agenda permitting, we ' ll discuss it June 12 , 1984. JKA/bn MAY 10 1984 CITY (DO ,P i E ORDER NO. 68862 It is hereby ordered in accordance with the law governing the Establishment of Detours that the following route is designated as a detour for Trunk Highway No. 41 in the Counties of CARVER AND SCOTT: Beginning at the intersection of Trunk Highway No. 41 (Chestnut Street) and Trunk Highway No. 212 (Flying Cloud Drive) in the City of Chaska; thence northeasterly on said Trunk Highway No. 212 for approximately 3. 76 miles to its intersection with Trunk Highway No. 169: (Trunk Highway No. 10 ) ; thence southeasterly on said Trunk Highway No. 169 (Trunk Highway No. 10) for approximately 0. 99 miles to its junction with First Avenue; thence southwesterly on said Trunk Highway No. 169 for approximately 3. 52 miles to its intersection with said Trunk Highway No. 41 in the southwest corner of Section 15, Township 115 North, Range 23 West and there terminating . ,�'2Si11 -c.c^fc1'34LtAL'itr2li"cTyeiu3t&Tizo- .L w-.fill ublconm-iiecezza q-Lb-Liotrc— highway traffic over a detour and consequently the above described roads will be taken over temporarily by the State of Minnesota, Department of Transportation. The use of this detour will become effective on the date that, the trunk highway markers are erected on the above designation and will remain in effect until markers are removed . Dated April 25, 1984 RW00017866F Richard P. Braun Commissioner of Transportation The Chicago Northwestern Railroad is building a bridge causing this iOFf,9lViVESOf4 detour. Forest Moen who gives out permits said work will not begin O Ui�iY 0� P,,��PSEY until June 10th and will last approximately 1 week. Mr . Moen' s ire Gndar ;, v ", bein- a d! ly ap�o;nt1-d agent or` number is 545-3761 (X-114) if you conies of or would like more information. —�orfation hereby x of =°inne.zota, Charter Member Cities Page two At 8:30 p.m., Wednesday, June 13, officials from new member cities will be invited to meet LMC Board members and LMC Membership Committee members at the LMC Hospitality Suite to extend greetings and welcome them to the League. Open house at the LMC Hospitality Suite commences at 9:00 p.m. that evening. It is hoped this brief time will give new member city officials a chance to meet League members and enjoy the opportunity to join together with colleagues assembled for the conference from across the state. CH:rmm =rrill Madsen, Jr. sell A. Sorenson President WAVew vire President sell Heltne Treasurer ril B. Ess Secretan• .Iliam J. Jaeger, Jr. wrence E. Samstad Engineer ....yu,d.R. ,4i^:r .. '':rtrwnet• %A Lower Minnesota River watershed District WARRIOR OFFICE BUILDING BURNSVILLE. MINNESOTA 55378 May 23, 1984 To: Board of Managers From: Lawrence E. Samstad, P.E., Engineer Re: 390 acre Shakopee Racetrack Co. Rd. 83 So. of Hwy. 101, Shakopee I have reviewed the E.I.S. and the site grading plan for the Shakopee Race- track and find that the following conditions exist in the plans.. First the 390 acre racetrack site is in the western portion of. Valley Industrial Park in Shakopee. Except for a small portion of the area which flows north near Highway 101, the balance of the area drains to the southeast. The plan provides for about 95.6 Acre-feet of storage on site. this would seem to be less than what would be required for an industrial except for the fact that due to the porosity and permeability of most of the soils in the area, the required storage capacity can be lessened. The final drainage will go to the east and connect with K -Mart's drainage. I have been assured by Barr Engineering developer of the drainage plan that no adverse effects will occur on the K -Mart property. Finally composting was discussed and with the following rule maintained, that is that drainage from composting piles or stable areas which contain animal excrement should be held in ponds which are lined and do not have over the recommended M.P.C.A. infiltration limits, there should be no problem with ground water contamination. Assuming the above information correct I recommend approval of the Managers of the site grading plan of the Shakopee Racetrack. If changes are made they should be immediately referred to the L.M.R.W.D. for review and approval. Respectfully, Lawrence E. Samstad, P.E. Engineer l Date;.rf. With the above considerations, the Shakopee Racetrack F.I.S. elated May 7, 1984 and the preliminary plans dated S/16/84 are lierehy approved by the Managers of the Lower Minnesota River Watershed Pistrict. cc. M.D.N.R. / M.P.C.A. Signed/ c;' �;� ��_!i';--�. _-• r .Scott Co City of thakopee - H.G.A. -2 - The Task Force The LGA policy task force consisted of the following elected officials: Sig Stene, Lindstrom, Chairman; Meg Bye, Duluth; Steve Cramer, Minneapolis; June Demos, Roseville; Kelly Ferber, Fergus Falls; Doc Hall, Waseca; Duane Knutson, Fertile; Connie Morrison, Burnsville; Bruce Nawrocki, Columbia Heights; Dean Nyquist, Brooklyn Center; and Al Ringsmuth, Waite Park. Of the task force members, June Demos has declined to support this statement, because it does not include a per capita cap on the amount of expenditures which would be permitted to affect the formula. PT: DS:rmm L 1 u league of minnesota cities LOCAL GOVERNMENT AID POLICY SYNOPSIS (Proposed) A Local Government Aid formula should be a simple expression of the Legislature's intent. Local government aid (LGA) should be distributed according to 1) the city's revenue raising capacity, as measured by its taxable assessed value; and 2) the citv's�s�nest�ne_d�hv�irY��,aL�t�^ and/or households and its expenditures for basic municipal services. STATEMENT AND RATIONALE Local Government Aid is a major municipal revenue source which complements cities' other major revenue source, the property tax. As such, LGA must be distributed among cities in a way which alleviates the problems inherent in reliance on the property tax as the major revenue source cities control. Cities vary markedlv in their_4bility_tc,_ r��,�P_ m ��.�Yttv_- taxes. There are also wide variations among cities in their citizens' need for services and the costs of providing those services. A complementary revenue source for cities is necessary precisely because a city's ability to raise revenue from the property tax does not necessarily coincide with the cost of the services which that city must provide to its citizens. An LGA formula must reflect both the individual city's need and its local revenue raising capacity. A city's capacity to raise revenues from the property tax is easily measured by the city's equalized assessed value. (For metro -area cities, the assessed value after fiscal disparities distributions is the appropriate figure.) An acceptable aid formula should provide proportionally more aid to cities with less taxable assessed value, other things being equal. Neer -1 is wi_ r1 i f yC'.. i esus i. k's4b^t LE , i4&Te 1S V,-0 i,ata item which measures need equitably; rather, we must rely on a combination of factors to approximate need. Need is clearly related to some extent to the city's number of inhabitants. Cities provide services to people. Because some services relate more closely to households than to individuals, the formula should reflect both the population and the number of households. Every city should receive a basic LGA distribution based on its population and/or number of households. However, neither population nor the number of households completely reflects need. Cities with similar populations and numbers of households may be faced with quite different service needs. (Factors such as age, - OVER - 1 83 university avenue east, st. paul, minnesota 551 01 C6121227-5600 EHLERS AND ASSOCIATES, INC. FINANCIAL SPECIALISTS FIRST NATIONAL-SOO LINE CONCOURSE 507 MARQUETTE AVE. MINNEAPOLIS. MINNESOTA 55402 339-8291 (AREA CODE 612) FILE: Financial Specialists: Ehlers and Associates, Inc. Please distribute to governing body members June 1, 1984 Newsletter Interest rates rose largely due to the prospect of larger federal deficits and borrowing, but tax exempt rates did not follow immediately. However, commencing the week of May 7 even these rates rose dramatically in sympathy. As of May 17, the Bond Buyer Index for yields on 217 -Year bonds was 18.8b , compare6 to 9.98% on %ai-0i )5. IT] early May a well-known commentator said that interest rates would rise sharply if the federal deficit is not resolved and that Congress seems unable to address this problem in this election year. While all fixed obligations suffered, tax exempts suffered less. This reflects a reduced supply of tax exempts for private financings, and the tax exempt/taxable yield spread is widening. Recently Ed Kerman, Vice President, and Tom Hines, Analyst, from Moody's Investors Service were here at the invitation of the Minnesota State Auditor to address over 100 municipal finance directors. We spent a good deal of time making some on-site inspections at New Ulm, Belle Plaine, Winthrop, Gaylord, Arlington, Victoria, West St. Paul, Eden Prairie, South St. Paul and Cottage Grove. Moody's has agreed to participate in additional sessions for those, including school and L- county people, unable to attend the most recent conference. These will be held on May 29, 11:30 A.M. to 3:30 P.M. at the Thunderbird in Bloomington and again on May 31 at the Savery Hotel, Des Moines, between 11:30 A.M. and 3:00 P.M. with on-site visits in between. Look for your invitation and get back to us. Acceptances will be first come, first serve. At a well -attended Minnesota Association of School Business Officials' conference, Carolyn Drude presented the "Minnesota Miracle". Many said they had not realized the dramatic impact of income -related (not poverty -related) refunds on property taxes. Ehlers and Associates have the only computer program that quickly and accurately provides the net cost of any bond issue or tax levy proposal for any range of residential property values owned by families with any variety of incomes. Less than 10% of voters understand this, but those who do strongly favor local revenue issues. You need us if you have a bond issue or levy proposal. Voter profile surveys are becoming a necessity for the proper management of local governments. We find that voters are much different from what managers and elected officials often suppose. Ehlers and Associates have conducted a number of surveys in which profile/attitude questions are related to an action question. By asking the proper questions, many voters are stimulated to take a greater and better interest in local affairs. If you are interested in the Voter Profile Survey, do contact us. Looking forward to seeing many of you in June, we are Very truly yours, EHLERS AND ASSOCIATES, INC. Robert L. Ehlers Z — — — — 6 6 A r ro-- A ro A 26 \ .. n ro m z Q C 6 6 4 2 z mro ¢ z a Q Q¢¢ a a m 6 Q Z 6 6 Q 6 Q Z Q 6 6 6 6 Z Z¢ Z 6 0 0 0 Q 6 2 6 Z VT9ml .... x. 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NYQUIST ATTORNEY AT LAW BROOKLYN LAW CENTER 5637 BROOKLYN BOULEVARD BROOKLYN CENTER, MINNESOTA 55429 TELEPHONE (A/C 612) 533-7272 May 5, 1984 Shakopee City Offices 129 First Avenue East Shakopee, MN 55379 Dear Mayor Reinke: -f �-32,Rt- . n; tn tri jp1vvin -i2--n -t--n .sMutp sin ±h.- wh irk . are making in getting Timber Trails moving. We have retained OMNI Realty who has developed a marketing plan and from initial indications I believe that they are going to be able to move the remaining lots. We have applied to the County Board for repurchase of a portion of the lots at this time under the statutory repayment program. As we move those lots, we will make application for the balance of the lots. Our appreciation_ for your patience and willingness to work with us. Sincerely, Dean A. Nyquist DAN/1} cc:✓Shakopee City Manager Scott County Board R. 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V)♦.rU _lan ^� ti 0 4a V)V'JYS V• O LL. UJM-Ja 02 J W J tt 2 2 :.j a a b.. a>a WW W WC�2 a ••,I CL o H ►' O •. te a Irl NaQ CL s0 W »G�pF7 W 1 i CL N V)2 M 7•-1 Vi U U • C)NOC)�NCi .-N i (7NNb NNJ r+=U a O• -M V V V N NN # •��N MM MV V L+• V V V V''� J J V V ♦ N(V NNNNNN h- R'. ♦ J V V V V V V J M O C, C, G C., U C) Nl �' . J) f f• ) <� 1 N N A P P • 'K) � • N V` its H I 2 L O O W J/1 Ll V, =r+t7 N a' LL (Z ,.J N ►.. t) ►. n 1 W I•r Ul J V, 0_ v rV)LL Her H l U D' a. 7. W Y LL G fn O W JO Dan U V. U 61 — 7 n CO l7 W J/) ..6' D =.1,1 o El Y Irl K OZ M 0 d J.J Qi VJW C J ea OO. 41 LJ 1/• U =) 7 s W 7 V) LJ 0L1 } ►. VI -7 n V1 LL 4' U Z? C7 1 2 h- R'. L Dr ►+<q C9=JHaF 1'M'ZJ ►� CM J VI LI 1.1 I.I -J 1.1 J C tl LJ N /Y0- 4, V) Z LL Li LL V) ¢ U LL V, > G 0 Vl tAM22 WK V) Q u 3 .J /•- 2 Z Ly WOWKtC W G» M p a►.. cl I- Q, O a ►1 U. JCL► - I. - LL ►.„H' )r u c) Li a v) a 2 W 41 Ix V c c) ►• 0 a I ♦ NOO C)P ♦ t O ♦ M.M V V J J J V N V . 41# ^ ♦ fl,# # J J ♦ 10 ♦ V # N ►- a " N u: 7 W s 2 q 0 O O C3 c)� uu a CK: U. r„) )n in V% V1 N N OU 00 •. W U O 0 N a of ,d r)u u u r7 n. i O• O O O O •=- u ,o s a ,Q 4) > T_ O oV a n n o 0O C) O u O •, un o m x x K n 6'% ero in tJ� N o- r) r) • d N N 00 aG p 2 C rJ G n K N ti u D 1.1 u w a Z> z r) Z J a nu n' u a In u r1 N L� V1 b o N l: 2 r7 H a M n' C) Q n 2 W J K 41 J L l) c' � U p 4 C) O ► IU J . C, .10 W V) > 1 Y Q. ►, V) W U u D .J O' t• u 7 7 LL Z UW U_ W r 1 .i u 1:. t9 L: Q H Z 2 Z ► k V u C) u Cl h • • i i JULIUS A.COLLER 859-1940 cJULIUS A. GOLLER, II ATTORNEY AT LAti 2 1 1 WEST FIRST AVENUE SIIAKOPEE, NIINNESOT:, 553Z9 May 16, 1984 CITY ATTORNEY'S LOG To: Members of the Shakopee City Council John K. Anderson, City Administrator Judith S. Cox, City Clerk �G 612-445-1244 Herewith is my report for the period of January 1, 1984 through March 31, 1984, in conformance with the joint goals and objectives workshop conference. As in the past this report does not include any of the matters handled by Mr. Krass and his associates. Nor has any attempt been made to log Council Meetings, miscellaneous correspondence, office work or telephone calls. With the foregoing in mind, herewith is my time log for the period in question: January 23 2 hours A.M. Pre -trials and calendar call 24 1 hour 2 court appearances 27 9-12 and 1 -4:30 City vs Viking Steel 7 - 9 P.M. Research and completing interrogatories, etc. February 7 12 hours speeding cases 8 i2 hour 2 speeding cases 21 22 hours pre -trials 23 2 hours court cases 27 2 hours pre -trials 28 12 hours depositions - 2 cases 29 8:45 to 12:00 Jury trial 1:30 to 5:15 March 7 12 hours court trial 19 3 hours calendar call 20 12 hours court trial 21 2 hours court trial 22 1 hour court trial 26 9:00 to 11:30 1:30 to 3:00 calendar call 27 9:00 to 12:00 1:30 to 4:00 Jury trial 28 9:00 to 12:00 1:30 to 4:30 Jury trial 29 5 hours Jury trial In addition to my time I am also submitting a similar record of time devoted by my secretaries to City work withthe dates and hours as well as the nature thereof, that is when they remember to write it down, but from a half hour to an hour is spent by them every day, but the following lists the concentrated work time. - 2 - May 16, 1984 January 4 1 hour typing memos , ordinances, etc. 5 3 hours typing easements, etc. 6 3 hours cases 11 22 hours typing easements, memos 1.2 1 hour typing memos, etc. 13 2-2 hours cases 23 2 hours Call Calendar 24 1 hour cases 27 12 hours cases Feb. 3 2 hours cases 8 1 hour cases 10 2 hours on cases 13 12 hours typing 15 1 hour Typing complaints and warrants 21 22 hours calendar call March 1 2 hours on cases 5 2 hours filing and checking cases 6 1 hour typing complaints 7 1 hour typing complaints, etc. 9 2 hours On cases 12 2 hours cases 13 12 hours cases 22 1 hour typing memos, ets 19 2 hours Court 26 31-2 hours Court Res tfu submitted, Ju s ! * Coller, I City Attorney MEETING OF REPRESENTATIVES OF ALL SHAKOPEE TEAMS AND/OR LEAGUES USING 90' BASEBALL FIELDS Shakopee C.S. Office — 3/7/84 The meeting was called to order by George Muenchow at 7:05 PM. Present: Bob Techam (Babe Ruth Baseball), Harold Bigot (Babe Ruth Baseball including Mickey Mantle Team), Ron Thielen (Legion Team), Joe Schleper (Indian Baseball Team & High School Teams), Bill Schleper (Indian Baseball Team),Don Bisek (Over 35 Team A), and Bob Ganz (Over 35 Team B), George Muenchow. Major discussion throughout the evening related to the idea of moving the light towers from Riverside Park to Tahpah Park Baseball Field. Joe Schleper reported that an individual has volunteered to move and install the towers free of charge. A quote of approximately $12,000.00 has been received for light fixtures not including wiring. Dugouts would cost approximately $1500.00. Support was acknowledged by all present who will go back to their respective groups to deter— mine amount of backing by their respective groups. The next meeting date will be Wednesday, March 28, at the C.S. Office. A plan of action will be presented by Joe Schleper including as much detail as possible. Fund raising ideas will be shared. George Muenchow will research city and utilities requiremnets. The group recognized that everything now is preliminary. Before this project could fly there would have to be a master plan approved by the City Council. The group was reminded that each team provides the C.S. Office with their season's schedule (games and practice). Thereafter before rainouts or exhibitions are added they are to check with the C.S. Office to verify the availability of the field. Priority of scheduling is as follows: A. Spring........ High School Teams B. Summer........ Indians Legion Babe Ruth Mickey Mantle Over 35 "A" Over 35 "B" Babe Ruth Teams normally play on Monday and Thursday evenings and Saturday mornings. Mickey Mantle Team plays on Tuesday, Friday, and Sundays. Legion team plays on Mondays and Wednesdays. Indians usually play on Sundays and Thursdays. Over 35 teams usually play on Sundays. Park personnel were requested to uncover base pegs when dragging fields. Meeting adjourned at 8:30. Next meeting on Wednesday, March 28, at 7:00 PM at C.S. Office. George F. Muenchow le SHAKOPEE BASEBALL COMMITTEE: MEETING MINUTES - March 28, 1984 The meeting was called to order by George Muenchow at 7:05 p.m. in the Community Services Board Meeting Room. Present: George Muenchow, Joe Schleper, Ron Thielen, Bob Techam, Harold Bigot, Don Bisek, Bill Schleper, Bob Ganz, and Keiran O'Brien. George Muenchow reviewed the purpose of the meeting . . . to discuss how to move the lights from Riverside Park to Tahpah Park in as efficient a manner as possible to effect a quality arrangement at a reasonable cost. Joe Schleper introduced Keiran O'Brien as the interested individual who through his company would move the lights and erect them at the new site, free of charge. Cost of materials and any insurance would be the responsibility of the committee. One of the questions asked was if a registered engineer would be necessary. If so, this would also be the responsibility of the committee. Mr. O'Brien's offer was grate- fully acknowledged. Craig Gallup representing Musco Sports Lighting, Inc, was introduced and he shared about his service which has been used extensively in Minnesota, including Marshall, Springfield, Arlington, and Faribault. They provide lighting, structural, and electrical expertise. If they do all of the work they will provide a 5 year mater- ials and focusing warranty. If we do some of the work the parts and labor warranty will only be for 2 years. Musco will prepare a plan and proposal with differing variations for our review within ten days. Off the cuff estimated cost for lighting is $19,000-22,000. The lamps are 1500 watt Metal Halide. These lamps should last 3000 hours or around 7 years. They cost from $50-60 a piece. The lens are vandal resistant. A Leasing arrangement for five years with takeover at that time also is available. Delivery can be in about three weeks after receiving an order. Mr. Gallup was requested to give quotes based upon 30 footcandle infield and 20 footcandle out- field, and also 40-30 footcandles which he was recommending. The group heard that Shakopee Babe Ruth Baseball has voted to donate $1,000.00 to this project. Other potential donors were also cited. Joe Schleper agreed to serve as Chairman of this committee. Bob Techam will be Treasurer, and George Muenchow will serve as Secretary. It was agreed to expand the committee which now consists of those attending this meeting plus Bruce Kugath. The following are to be contacted: Name Contact By: Jim Stillman Muenchow Ray Siebenaler Muenchow Bert Notermann Schleper Tim Riffe Schleper Don Clemens Thielen Al Schmidt Thielen Dick Mertz Bisek John Goihl Techam Dennis Hron Schleper Jim O'Neill Schleper A Plan of Action will be developed by the Chairman using data from the Consultant. The intent is to have this ready by Monday noon, April 9, for a presentation to the Shakopee Chamber of Commerce Board of Directors for their input. No soliciting will take place until the Plan of Action is in readiness and reviewed by the Committee at its next meeting. The next meeting will be Monday, April 16,at 8:30 p.m. at the Community Services Board Meeting Room. The meeting was adjourned at 8:30 p.m. Res ectfully submitted, George Muenchow, Secretary n SHAKOPEE BASEBALL COMMITTEE MEETING MINUTES — APRIL 16, 1984 The meeting was called to order by Chairman Joe Schleper at 8:30 p.m. in the Shakopee Community Services Board Meeting Room. Members Present: Dick Mertz, Dennis Hron, Al Schmidt, Jim O'Neill, Joe Schleper, Ray Siebenaler, Bill Schleper, Bob Techam, Jim Stillman, John Goihl, and George Muenchow. Muenchow reviewed the minutes of the previous meetings. Schleper reported on cost figures received from Musco: 1) 40 candlefoot infield 30 candlefoot outfield 2) 30 candlefoot infield 20 candlefoot outfield Complete lite assembly $18,950.00 Complete electrical materials 6,600.00 Total $25,550.00 Complete lite assembly 13,544.00 Complete electrical materials 5,184.00 Total 18,828.00 Supervision included in price. Lease plan — 5 year Total installation = $11,522 per year for #1 $ 8,296 per year for #2 $10,000 down & $12,091 for 4 years for #1 $10,000 down & $ 6,355 for 4 years for #2 Approximately $1,500 for materials for dugouts. There was consensus of the Committee that the best route to follow was to purchase and erect in 1984 and not get involved in the lease arrangement. It was further emphasized that this committee has been organized to expedite this project of moving the light towers from Riverside Park to Tahpah Park, and in the process help to make this new field a first class facility. Tahpah Park development has been a major project of the Shakopee Jaycees and this committee is here to assist the Jaycees in whatever way they determine. Joe Schleper will contact the Jaycees to let them know of our interest and availability. Todd Schwartz, a Jaycee Past President, has expressed an interest in the project and Joe Schleper will seek his counsel. Joe Schleper reported that he gave a presentation to the Shakopee Chamber of Commerce Board of Directors on April 9. There was unanimous interest in this project. It was estimated that we are talking about approximately $30,000.00 to complete _this project of moving and erecting light towers, installing lights, and building dugouts. The meeting was adjourned at 9:40 p.m. Respectfully submitted, George F. Muenchow, Secretary v Shakopee Baseball Committee Meeting Minutes - May 22, 1984 The meeting was called to order by Chairman Joe Schleper at 8:20 PM in the Shakopee Community Services Board Meeting Room. Members present: Joe Schleper, Bill Schleper, Bob Techam, Jerry Lebens, John Goihl, Jim Stillman, Bert Noterman, Al Schmidt, Don Bisek and George Muenchow. Ray Mlazgar was introduced representing the Hubbell Lighting Co. He shared with the group the advantages of using their fixtures. He emphasized that as light systems age they lose foot candles so you should design the system to work at the rate that you are looking for at the end of its life span. He further recommends aiming the lights at the site rather than pre aiming. Forty new metal halide lights would more than double the current lighting of the system. For safety reasons he recommended including a handful of incandescent lamps also for times when lights might go out. Duane Gaulke (492-6529) representing Macey Electric Company spoke on installing a Hubbell system. He recommends using 120 volt system rather than 480 volt system using breakers at each pole. They would be on the bottom of the pole. He would install this light system which would be similar to what was recently installed in Jordan (42 fixtures) for a cost of under $18,000.00. It would take about one week to put up the fixtures. The price would be less if some of the labor could be volunteered. Motion by Stillman, seconded by Noterman, to authorize the installing of the Hubbell Light System as soon as financial arrangements can be made. Carried. Schleper announced that he together with some other members of the committee will meet with the Jaycee Board as soon as possible to review the committee's findings. It was further announced that Bert Noterman will donate materials for the dugouts to be installed. Motion by Mertz, seconded by Siebenaler, to adjourn. Carried. respectfully submitted, George F. Muenchow, Secty. -1�13 PROCEEDINGS OF THE DOWNTOWN AD HOC COMMITTEE SHAKOPEE, MINNESOTA May 2, 1984 Chrm. Laurent called the meeting to order at 7:30 A.M. with the following voting members present: Jerry Wampach, Terry Link, Jim Stillman, Bill Wermerskirchen Jr., Steve Clay, Mike Sortum, ban Steil and Don Martin. Non-voting members present: Lee Stoltzman and Trevor Walsten. Absent.: Joe Topic, Frank Reid, Paul Wermerskirchen and Al Furrie. Also present: Jeanne Andre, Community Development Director. Laurent/Link made a motion to approve the minutes of the April 11 and April 18, 1984 meetings with the following amendment to the April 11th minutes: "Chrm. Laurent made a statement that his firm is working with the Housing Alliance and if there is any potential conflict of interest that anyone sees with his role and his company, to please bring it to his attention." Motion carried. Chrm. Laurent opened discussion on review of the Redevelopment Plan and Program. Jeanne stated that the financial package had not been received from Dick Krier and so would have to be discussed at the next meetinq. Jeanne Andre outlined her memo of May 1, 1984, handed out at the meeting, regarding the alternatives for scheduling the reporting of the Downtown Redevelopment Plan to the ICC, Planning Commission and the City Council. Discussion was held with Jeanne Andre suggesting that the committee should first adopt and feel comfortable with the Redevelopment Plan and financing package before making any presentations, even though that may delay any downtown construction for 1984. Link/Steil made a motion to follow schedule two of Jeanne Andre's memo providing for a public meeting June 26, ICC meeting July 11, Planning Commission meeting July 12, and City Council meeting July 17th. Motion carried. Jeanne Andre discussed the drafting of the letter to be sent to the downtown businessmen with the proposals of the committee and a financing plan suggested by the committee. It was the consensus of the committee that it should include controversial items to attract as many as possible to the meeting. Jerry Wampach suggested it would be a good idea for each member to contact a few of the businessmen and talk to them personally. And that the committee have a chance to see the drafted letter and a list of the businessmen who will be contacted. U Dan Steil will check to see if the Community Room at the bank will be available on June 26th at 7:00 P.M. for the public meeting. Jeanne Andre will draft a letter for the next meeting. The committee suggested that assessment charges, tax increases and maps be included. Handouts were also thought to be a good idea for the meeting. Jeanne Andre summarized the Historical Society's request for the use of the Maurice Stans home. Discussion followed with the consensus of the committee being that the home would stay where it is as a historical site. Wermerskirchen/Wampach made a motion to recommend to the Historical Society that they preserve the Stans home in its present location and that they purchase the Nick Theis home adjacent to the Stan's home for parking and esthetic value. Motion carried. Jeanne Andre suggested requesting a letter from the Historical Society stating their expected time line and concept plan for the Stans property. Discussion was held regarding possible uses of the railroad depot. Steil/Martin made a motion to have City staff draft a letter outlining the historical importance of the depot to the City of Shakopee and to inquire into the possibilities of the railroad donating the depot as a goodwill gesture to the people and City of Shakopee. Motion carried. Jeanne Andre summarized the Report on Shakopee City Street Systems by Ken Anderson of Westwood, as it relates to the downtown area. Trevor Walsten left the meeting at 9:00 A.M. Discussion followed with the committee questioning the improvements of 2nd Avenue between Apgar and. Scott Street to encourage use of Apgar as a major north/south collector street and placing the signal light at Spencer St. instead of Sommerville on First Avenue. They requested Ken Anderson or Bo Spurrier to address these concerns at the next meeting. Jerry Wampach left the meeting at 9:06 A.M. Link/Clay made a motion to request the City Council to terminate Terry Klingers membership on the downtown committee. Motion carried. Stillman/Steil moved to adjourn at 9:10 A.M. Motion carried. Toni Warhol Recording Secretary PROCEEDINGS OF THE ENERGY AND TRANSPORTATION COMMITTEE REGULAR SESSION SHAKOPEE, MINNESOTA APRIL 19, 1984 Chrm. Dunwell called the meeting to order at 7;30 p.m. with members Spiotta and Schwingler present. Member Weeks arrived later and member Ziegler was absent. Also present were Judi Simac, City Planner and John K. Anderson, City Admr. Cncl. Colligan arrived later. Frank Boyles, Ass't City Manager of Plymouth, gave a slide presentation on the Plymouth Opt Out program. He said Plymouth's transit system is named Metrolink, with vehicles and services provided by Medicine Lake Lines, which was already serving the City. Member Weeks arrived during the presentation. Mr. Boyles then went over Plymouth's sketch plan for marketing the transit service. He thought the most important key was trying to keep the same riders that were presently commuting downtown. They did this by talking individually, person by person, to the people riding the bus. Mr. Boyles said they had one large marketing push, in which they tried to reach 7000 houses in the transit target area by distributing a door knob bag filled with promotional materials on the Metrolink. Mr. Boyles said Plymouth is only now getting into the internal circulator phase. They are also trying to push the reverse commuting. He said the Naegele sign company donated space for a billboard for Metrolink, as long as the City paid the production costs, which ran a couple of hundred dollars. He thought that was very worthwhile. Mr. Boyles went over features of the Park and Ride lots and various promotional ideas the City has used, and plans to use. He pointed out that the drivers are excellent, and that they go a long ways towards promoting the system. He also praised the advisory committee, which is very instrumental to selling the system, and said they have resolved a number of problems quickly. He said Medicine Lake Lines has a representative at the advisory committee meetings. They keep a suggestion & question form in the vehicles. They conducted a survey a few months after the system was operational for feedback. Mr. Boyles highlighted future marketing activities, and said they hired a con- sultant at the beginning to do the marketing, and he was retained for just that first marketing push. Mr. Bo36 said they monitor the ridership, which is shown on a weekly basis by daily average ridership. He said they have found that when the weather is load, ridership is strong. He commented that on the internal circulator, the pattern is the opposite, with ridership going down when the weather is bad. He said they have had comments from people asking them to change the routes, which is both a problem and an opportunity. They have ,changed some of the routes in response to suggestions, and they ask the drivers for their input. Mr. Boyles pointed out that contracting will be very different for Shakopee than it was for them, with Medicine Lake Lines already o erating in the area. He suggested Some criteria for selecting a provider; 1� familiarity with the area; 2) ability to work with the drivers, who are very important, and 3) commitment of the company. Shakopee Energy & Transportation April 19, 1984 Page 2 Mr. Boyles stated that as far as administration of the system, the implementa- tion and marketing plan takes most of the time, with a lot of phone calls from people and a lot of mailings. There is also some time involved on a month to month basis with keeping records, reports to City Council and the advisory com- mittee. He said they received excellent cooperation with MnDOT. The City Planner asked about a joint logo between the City and the provider, as Plymouth did. Mr. Olson, of MnDOT, suggested that since there is no authorized operating authority in Shakopee, it would be wise to keep the logo separate, as there may be different providers in the future. Mr. Boyles said their biggest problem was vehicles, as their ridership exceeded the number of vehicles they had. He pointed out that MnDOT was very flexible in allowing them to revise their contract. Cncl. Colligan arrived at 8;38 p.m. Mr. Boyles stated that if they had to eliminate any of the services, the internal circulator could be eliminated because it doesn't affect people in the same way as the commuter service which takes them to work. On the other hand, the inter- nal circulator has the opportunity of providing the means for the community to develop its own identity. Mr. Boyles said he felt the most important factor to succeeding is commitment -- the commitment of the riders, the company operating the system, the advisory committee and the drivers. He said he spends on the average of 10-25 hours per week on this system. He then explained how the transfer system works with MTC. He feels the reverse ridership is a gold mine waiting to be tapped. He said he didn't get any response from companies to which he send mailings. The City Admr. suggested getting inside the company and meeting with interested individuals. He added that he didn't believe there was any ideal transit system that will adapt perfectly to Shakopee. Rather, the system is like a piece of clay that has to be worked with and molded to fit the needs and desires of Shakopee. Mr. Boyles said Plymouth paid $1,490,000 to MTC, and now the system costs about $350,000. Mr. Ray Olson, Project Manager for MnDOT, said Shakopee received its official letter of approval for the Opt Out program on Tuesday. He said Shakopee will set up an 18 month demonstration program, as recommended by Met Council. He also recommends that the commuter program and Dial -A-Ride be separate, so that if one fails, both aren't lost. Mr. Olson said the Implementation and Management Plan are the next steps. He thought he and the City Planner could work on those details, because most of the figures that are needed are contained in the Opt Out application. He pointed out that the City's tax levy will remain the same, but this budget will be de- ducted from the MTC share. The City Planner said Mr. Olson recommends a contract time of June 6, 1984 to December 31, 1984 for the initial contract. In the next month, they would like to put together the marketing plan, contract, management plan and budget to be presented to this committee and then approved by City Council at the June 5, 1984 meeting. Therefore, she is recommending moving the May 17 meeting to May 31, 1984. Consensus was favorable for the May 31st meeting. Shakopee Energy & Transportation April 19, 1984 Page 3 Mr. Olson said he would also prepare the bid specs for that meeting to be approved by City Council. He recommends a start-up date of September 15. He said Ply- mouth spent about 3 months working on the system prior to start up. He said the first contract will be from June 6, 1984 to December 31, 1984, and then an additional calendar year contract for 1985. Then there would be another 22 month contract. He said the June to December operations would not be considered in the evaluation, so that eliminates all the start-up costs. The calendar year 1985 would be the period that would be considered for a determination of whether or not the system would be continued. He recommended getting the vehicles 1 to 1 -1 - months prior to start up. He said MnDOT would write the bid specs and contract with the provider, making the contract contingent upon funds being available from MnDOT and the City. He suggested contacting Van Fool Services for a proposal. He asked about volunteer drivers. He was answered that according to the survey, getting drivers shouldn't be any problem. He said he has a little concern with the provision of back-up vehicles. The City Admr. discussed the possibility of having a separate contract with a nearby bus company for emergency back-up services. Member Schwingler asked about maintaining flexibility to join with Chaska and/or Chanhassen and/or Eden Prairie if Opt Out is approved for those cities. Mr. Olson said he would recommend Shakopee go ahead on its own at this point, because it is so much farther along in the process than the other cities. However, he emphasized there would be flexibility, and he would encourage togetherness if it is feasible in the future. He said MnDOT and Met Council are receptive to meet- ing with the other communities about their plans. Mr. Olson said he is very comfortable with Shakopee's survey, projections and application. He praised the staff and advisory committee for the work they have done. The City Planner suggested the Committee members come back with some ideas for a logo and name. She thought there could be a name contest, working with the bus riders, paper and school children. She also suggested starting a list of names of bus riders and commitment of volunteer drivers. Schwingler/Weeks moved to approve the minutes of March 15, 1984 as kept. Motion carried unanimously. Schwingler/Weeks moved to adjourn. Motion carried unanimously. Meeting adjourned at 9:40 p.m. Judi Simac City Planner Diane S. Beuch Recording Secretary. 36) CITY ADMINISTRATOR'S ANNUAL EVALUATION Part I KNOWLEDGE, SKILL & UNDERSTANDING EVALUATION The purpose of this evaluation is to allow Councilmembers the opportunity to constructively criticize the level of knowledge, skill and understanding that I have exhibited as City Administrator during the past year. Please indicate with a 1-5 what you perceive my knowledge or skill level to be. New Councilmembers can use N/A if they don't know yet. The rating procedure uses a range from 5 very good to 1 unsatisfactory, with 3 the mid point, being an ade- quate rating. INTERGOVERNMENTAL 1. An understanding of the types of metropolitan, state and federal policies impacting upon the City. 2. Skill in developing cooperative relationships with other jurisdications. 3. An understanding of the responsibilities and conse- quences of participation in interlocal relations. ECONOMIC DEVELOPMENT 4. An understanding of the issues involved in the management of growth (i.e. planning, zoning and subdivision regulations). 5. An understanding of the programs available for economic development. 6. Skill in cooperating with the private sector to foster a partnership for public/private ventures. GOAL AND POLICY SETTING 7. An understanding of the techniques used to assess community needs. 8. An understanding of the political issues in identifying and setting goals to solve City problems. 9. Skill in defining goals and policies in a form that they can be accomplished. 10. Skill in tying specific goals and policies to the budgeting process. PROGRAM CONTROL/EVALUATION 11. Skill in evaluating prior programs to aid in the development of new ones. RATING j t, 12. An understanding of the consequences of alternative methods of program implementation (e.g. direct delivery, contracting, tax incentives, etc.). 13. Skill in anticipating the impact of a program on citizens before it is implemented. 14. Skill in establishing controls in order to monitor programs once implemented. BASIC SERVICES 15. An understanding of the delivery of basic services (e.g. police, fire, public works, planning, etc.). 16. An awareness of new trends in the provision of basic local government services. 17. An understanding of how to improve departmental operating methods. 18. An understanding of how to improve coordination between departments/programs (identifying and analyzing duplicative efforts). 19. An understanding of how to measure productivity improvements in departmental operations. EMPLOYEE AND LABOR RELATIONS 20. An understanding of the processes of recruitment, selection, promotion and dismissal of personnel. 21. An understanding of wage, salary, and fringe benefit administration. 22. An understanding of the law and governmental policy in labor management relations. 23. Skill in handling of negotiations and contract administration. 24. Skill in the handling of grievances. 25. Skill in developing mechanisms to insure feedback from department heads/employees. 26. An understanding of the impact of labor negotiations and state legislation on the budgetary and policy making authority of the City. 27. Skil l in usinc e ;oloyee perfo=. ance evaluation miethods . DECISION MAKING 28. Skill in analyzing situations (i.e. "sizing up" the political, organizational and staff elements needed to deal with a problem). 29. Ability to make decisions when conflict exists and cope with the stress from resulting criticism. 30. An ability to identify information from both sides of an issue that is needed to improve the decision making. BUDGETING 31. An understanding of financial management. 32. Skill in identification and generation of revenues. 33. Understanding of the impact of state and federal cuts, etc. on the City. 34. Skill in preparing and presenting the annual City budget to Council in a manner that is useful and understandable. 35. Skill in long range financial planning. COMMUNICATIONS 36. Skills in effective verbal, written, and visual communication. 37. Skill in the development of effective presentation techniques. 38. Skill in utilizing communications techniques (cable T.V., radio, newspaper, etc.) to convey governmental issues to the community. 39. Skill in establishing meaningful two-way communication with the public and civic groups to involve them in the decision-making process. COUNCIL ADMINISTRATOR RELATIONS 40. An understanding of the responsibilities a pro- fessional administrator has to the Council and the citizens. 41. Skill in presenting all sides of an issue or problem to Council to improve the Council's decision-making process. 42. Ability to anticipate the action/information needed to keep the Council administrator relationship strong. 43. Ability to follow through on Council action to insure its implementation. WORK HABITS 44. Ability to manage time (planning and prioritizing of time) . 45. Effectiveness of work completed. 46. Appropriateness of example set for other employees. OTHER 47. 48. 49. 50. Part II ROLE EVALUATION In addition to the evaluation you have just completed, I would also like you to evaluate my performance in the role of City Administrator. Each of you has expectations that are applie�to evaluate the person occupying the City Administrator's position. In other words, you have a set of expectations about how John K. Anderson ought to behave in the role of City Administrator of the City of Shakopee. Please read the list once indicating with an (x) whether you agree or disagree with the levels of policy participation for a Shakopee City Administrator. Then, read the list a second time and indicate with an (x) whether you feel I have performed at the level you expect. Role Evaluation Role Expectation Role Which You See For Shakopee C.A. John Anderson Filling Fills Doesn't Fill Agree Disagree Role Role 1. Carry out policy ( ) ( ) ( ) ( ) 2. Supply information to Council ( ) ( ) ( ) ( ) 3. Anticipate and research problems ( ) ( ) ( ) ( ) 4. Propose policies or solutions ( ) ( ) ( ) ( ) 5. Management style - professional City Administrator ( ) ( ) ( ) ( ) 6. Be a policy innovator ( ) ( ) ( ) ( ) 7. Be a policy neutral on issues dividing the community ( ) ( ) ( ) ( ) 8. Be a policy advocate - support City policies vocally ( ) ( ) ( ) ( ) 9. Be a political leader -work thru community leaders to achieve policy goals ( ) ( ) ( ) ( ) 10. Be a political recruiter for Boards and Commissions ( ) ( ) ( ) ( ) 11. Be a political recruiter for Council positions ( ) ( ) ( ) ( ) 12. Be a political neutral ( ) ( ) ( ) ( ) 13. Be a "Community Leader" ( ) ( ) ( ) ( ) 5 6 Role Expectation Role Which You See For Shakopee C.A. John Anderson Filling Fills Doesn't Fill Agree Disagree Role Role 14. Be a budget consultant-i.e. consult with Council before drafting C.A.'s budget ( ) ( ) ( ) ( } 15. Be a Council meeting facili- tator, i.e. help move meetings along ( ) ( ) ( } ( } In an effort to summarize your responses above, please check (x) only one of the four policy orientations below in the column headed Shakopee City Admin. to indicate what you want for Shakopee, and one check in the column headed J.K.A. for how you see me. Shakopee City Admin. J.K.A. 1. ( ) ( ) Political Leader: Acts as an advocate of policy and as a political leader, takes visible positions as an idea man, agent of change with an emphasis on programs. 2. ( ) ( ) Political Executive: More pragmatic and less of a political leader but is involved in political issues, innovator, leader, problem solver but lets Council lead on major policies. 3. ( ) ( ) Administrative Director: Reluctant to be a policy innovator and open leader, stress the constraints rather than the problems. 4. ( ) ( ) Administrative Technicians: The policy role is defined narrowly to a classic policy - administrative split. M O }4 N (n .4 00 Ul N Q� —4 N N Q1 }� u � Q1 H-1 Q) �4 P4 �G v o ,-a U • N r I 00 O 4a- r. N C] m �7 OD •1-4 U it m E Q1 c*J o a, a Z•'-4 Q) Baa o�•u H roaD �4 o r-+ •r- G a r-+ 0 RI Q1 m M Q u o P4 a �CO Ui as � u .. v m t� , wH E aJ i G m • �+U. >, O- U CL u ova @)Q) �::v ,--40 ro G x E� -d v bD cn O Q)0 Q) 00.. to >, a V) -4 -4 m� u �o�,Go o a. u o u o o � ., -4-H i x O .n a� Z3 O 3Ao U U 'd • a O O;�.. UdUUt� dQP-4 .� 00 ul rl --4 N E Q! Q)y.4 o Qacr 0 t-! Q1 v7 Q1 O a .-1 O O LZ > M 1 O cti "U .. (�00U U Qr` M O t� rl �4 N G7 61 Liaison Reports TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA JUNE 5, 1984 Mayor Reinke presiding CITY COUNCIL OF INTERESTED 11 Roll Call at 7:00 p.m. 81 21 Recess for Board of Equalization and HRA Meetings Business - (All items 31 Convene as the Board of Equalization: a] Summary Presentation of 1984 Assessed Valuations by Robert Schmidt of Scott County Assessor's Office b] Questions by Board of Equalization Members motion. There will be no c] Review appeals of petitioner's assessed value/market value and equalization unless a Councilmember so d] Adjourn Board of Equalization to . . . 41 H.R.A. Meeting will be removed from the consent 51 Reconvene 61 Liaison Reports from Councilmembers 71 RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 81 Approval of Consent Business - (All items listed with an asterick are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda.) *91 Approval of the Minutes of May 15 and May 22, 1984 101 Communications: a] Minnesota Department of Health re: Plumbing Plan Review b] Gene Brown re: Extension of Fifth Avenue 111 Public Hearings: 9:15 p.m. - Valley Park Drive and 12th Avenue Roadway Improvements (Res. No. 2271 - Ordering Improvement) - Bring Feasibility Report 121 Boards and Commissions: Planning Commission f -al Shoreland Management Amendments fib] Stop Sign at Red Owl Shopping Center Open Space and Required Yards - informational _---d] Evaluation of City Streets ---el Volunteers for New City Hall Site Selection Committee Energy and Transportation f] Approve Contract with MnDot for Opt Out (Res. No. 2269) Cable Commission g] Cable Service to Minnesota Valley I•iall h] Leased Access on Public Access Channel Downtown Commission _] Evaluation of City Streets Industrial Commercial Commission —�] Evaluation of City Streets 13) Reports from Staff: t a] Liquor License Violation b] Concept Plan for Land Bounded by Spencer St., 4th Avenue, Dakota Street and 7th Avenue .� c] Racetrack Development Agreement re: Financing of Off -Site Improvements t d] Racetrack Development Agreement re: Update on Public Financing - to be provided Tuesday 4e] 84/85 Liquor and Beer License Renewals +f) Renewal of 84/85 Set -Up Licenses f g] Mr. Chard's Request Regarding Developer's Deposit h] Evaluation of City Streets - memo on table John Nelson VIP Assessments '-*-jl Probation Termination mak] Office Copier -.1] Bid Opening - Sewer Machine —�tn] Joint Use of City Bulk Gasoline by School District --�n] Easements for JEJ Drainage Improvement .-o] Approve Bills in the Amount of $37,749.23 p] Procedures for Handling Damage Claims/Sewer Backups + q] Handicapped Ramps r] Staffing the Cable Communications Advisory Commission s] Secretarial Staffing for City Hall 141 Resolutions and Ordinances: --fa] Res. No. 2272, Terminating All the City of Shakopee's Rights Under and Pursuant to a Certain Temporary Construction Easement +--"b] Ord. No. 147, Regulating and Licensing Taxicabs J Res. No. 2270, Amending Fee Schedule for Individuals or Firms Engaged in the Taxicab Business 151 Other Business: a] Joe Topic's Request to Purchase City Property Adjacent to Library b] c) 161 Adjourn to Tuesday, ?ur,e 12th at 7:00 p.m. John K. Anderson City Administrator Deputy: LEROY ARNOLDI DON D. MARTIN SCOTT COUNTY ASSESSOR COURT HOUSE 112 SHAKOPEE, MN. 55379 (612)-445-7750, Ext. 115 June 4, 1984 To: The Shakopee City Council meeting as the 1984 Shakopee Board of Equalization Summation of the 1984 Assessment for the City of Shakopee The 1984 assessment of Shakopee involved mainly the appraisal of residential properties. This involved the properties which were improved with new construc- tion or construction which was begun in previous years and completed during 1983. There were approximately 300 building permits issued during 1983 for Shakopee. Partial completions from the 1983 assessment numbered 75 parcels and the 25% reappraisal totaled roughly 500 parcels. The total number of parcels reassessed for the 1984 assessment was just over 900 out of a total count for Shakopee of 4085. The 25% reassessment involved the plats of Leremondis Addition, Valley View, Wermerskirchen's 2nd, Capesius, Link's, Southview, Cletus Link, Scenic Heights lst and 3rd, Hesse's lst and 2nd, Eagle Bluff and Eagle Bluff 2nd, Patricia's lst, Zoschke's and the Replat of Zoschke's, Minnesota Valley lst and 2nd, Valley Park 1st, 2nd, 3rd and 6th, Montecito Heights 2nd, Cretex Industrial Park 1st, Halo Addition, Clay's lst, Koskovich's Valley Park 1st, Hillside Estates 1st, DCCO lst, Furrie's 2nd, West View 6th, Eastview 1st, Nor -Dean lst and 2nd. These plats were last checked for the 1980 assessment. There were new rates applied to the properties in Shakopee which reflect the net change after the 15% State ordered increase was applied for the 1983 assessment. Lot values were checked in the city proper to assure uniformity in values for similar lets in similar neighborhoods. Adjustments were made for the depth of residential lots and for the front footage. The only significant change in rates used was due to the State increase. This resulted in higher rates being used for both residential and agricultural properties. The rates for both types or property reflect this "across the board" increase. An Equal Opportunity Employer mid Deputy: LEROY ARNOLDI DON D. MARTIN SCOTT COUNTY ASSESSOR COURT HOUSE 112 SHAKOPEE, MN. 55379 (612)-445-7750, Ext. 115 In addition to the above, a few alterations were made in assessments of properties which were found to be unfairly assessed, (either too high or too low), when compared to similar properties in the City of Shakopee and County wide. Field work was begun on September 21, 1983 and completed on February 8, 1984. F 1�- �-� M. - LL� R bert N. Schmitt Scott County Assessor's Office d �a An Equal Opportunity Employer 113 REALTOR' m7a 119 SOUTH LEWIS STREET President EUGENE A. BROWN Gene Brown Agency, Inc. City of Shakopee 129 E. is t Avenue Shakopee, Minnesota Gentlemen: SHAKOPEE, MINNESOTA 55379 55379 May 8, 1984 TELEPHONE: 445-5560 Vice President ROBERT J. BROWN RE: Parcel 27-032-006-0 Description: Lot 1, Block 19 Macey Plat Apt. y6 I purchased this condonimum on November 1, 1982 for $20,000.00. This unit does not have a garage. There are units with garages in this complex that may be purchased for $22,000.00. The market value for the units without garage should not exceed $20,000.00. Sincerely, Eijfene A. Brown MAY 9 1984 0r= 0 H, Ai UPEE ,,'4,o i.� F, OF CHANGE IN THE VALUE 'JF YOUR PROPERTY IN SCOTT COUNTY AND OF EQUALIZATION MEETINGS FOR REVIEWING VALUES DATE MAY x #u.{7 3Eccp,IPvtoN: CLASSjj.t\} ESTIMATED MARKET VALUE $ `c� i_o' -A:`, GREEN ACRES VALUE $ RENTAL VALUE $ __ .,.__...�..i�...�..a�a�a.sus►,..r-L�-'Z_..cu....._.�,:.i.3..'�.,.`�_______._.__...._-....._ Market Value means the amount your property could at 'east be sold for on the market today. tour assessor must make sure that the amount he or she estimates for your property's market vanue ..., Che same as Gtr:ac property that is similat to youth. Pzorperty Class means a class that your property must be put into by the assessor according to what it is being used for. There are many classes of property, such as residential home- stead, residential non -Homestead, farm homestead, farm non -homestead, commercial, etc. After the assessor estimates the market value and determines the class, he or she must multiply the market value by the figure assigned to the class your property is in. The result is the assessed value of your property. State law assigns lower figures which the assessor must use to multiply the market value of certain classes of property. Example: residential homestead would have a lower Assessed value than residential non -homestead for property with the same market value. if you disagree with the estimated market value on your property, or its classification, you :can appeal to the local board of review. You cannot appeal to the State Board of Equalization or to the small Claims Division of the tax court unless you have obtained a hearing from your local board and your county board of equalization. information on the Minnesota Tax Court or its small claims division is available from the office of the Clerk of Court in your county. 'iOu cars make your appeal by going in person or by sending a letter or a representative to meeting of your city or town board of review held at Shakopee Cit v Hall DM z`ur the district of Shakopee City on June 5, 1984 at 7:00 � disagree with their decision, next you can appeal by going in person or by sending tver or repz-eberit:a i.ve to the meeting of your 'County Ekoard of Fqual.ization held in the s z t';:ouse is Shakopee on _ Lull rf yox. iis.;ree with their decision, next you can appeal to the Minnesota Tax Court, or as x0(:` s you receive this letter you may make an appeal to the regular division of the Tax 4; They procedure for appealing to either is available from the Clerk of Court Office. cut here r_t:t.r:: `o: SCOTT COUNTY ASSESSOR'S OFFICE, Courthouse, Shakopee, MN 55379 to appear before the Board of Review relative to my assessment of the 1984 assessment year. PARCEL # - - SIGNED PHONE # _ ADDRESS CITY/ZIP MEMO To: 1951 Board of Review FROM: Scott County Assessor's Office SUB.IEC-1: gel rder Property L)A7Z; June 5, 1954 - PID #27 001 540 0 bir. Relander owns property described as Nj of lots 6 & 7 block 167, City of Shakopee. PID No. 27 001 540 0. Property address 206 S. Main Street. Mr. Relander was concerned about a $1000 increase he received for the 1984 Assessment. Mr. Relander was under the impression that this was the increase due to the State ordered 15% raise in the market values of Shakopee properties for the 1983 assessment. I informed Mr. Relander by mail that the $1000 increase which was placed on -his property for the 184 assessment was an increase in the value of his lot only, .lhich measures 71' x 1201. The lot is now valued at $13500 with the buildings valued at $34,300 for a total EM`V for the 1984 assess— ment of $477800. The lot value is in line with similar sized lots in the same part of town. 129 Fist First Avenue, Shakopee. Minnesota 15379 MEMO To: 1951 Board of Review FROM: Scott County Assessor's Office SUB.IEC-1: gel rder Property L)A7Z; June 5, 1954 - PID #27 001 540 0 bir. Relander owns property described as Nj of lots 6 & 7 block 167, City of Shakopee. PID No. 27 001 540 0. Property address 206 S. Main Street. Mr. Relander was concerned about a $1000 increase he received for the 1984 Assessment. Mr. Relander was under the impression that this was the increase due to the State ordered 15% raise in the market values of Shakopee properties for the 1983 assessment. I informed Mr. Relander by mail that the $1000 increase which was placed on -his property for the 184 assessment was an increase in the value of his lot only, .lhich measures 71' x 1201. The lot is now valued at $13500 with the buildings valued at $34,300 for a total EM`V for the 1984 assess— ment of $477800. The lot value is in line with similar sized lots in the same part of town. �1 DWELLING year built ?AACEL NO. X sq. it. story height no. rooms no. baths no. bedrooms basement percent basement fin. fireplace walkout deck central air brick trim porch Lot Size GARAGE X attached yes no OBSERVED CONDITION: exc. good fair poor DA I L bULU GRADE 4.j jt A. J. *-.oO i a./ .►.v � r +.r ate' � +.� Al� , yj 129 east First Avenue, Shakopee. Minnesota `5379 MEMO Tp; Shakopee Board of Review FROM. Scott County Assessor's Office SL'3IECT: Ronald Nelson Property DAA. June 5, 1984 PID # 27 010 021 0 _ Mr. Nelson owns property located at 535 E. 6th Avenue. The legal description of this property is the East 10' of Lot 3 & all of Lot 49 Block 300, Wermerskirchen's 2nd Addition. The property consists of a duplex of 1440 square feet which was built in 1959. The lot measures 80' x "1 . The 1984 estimated market value is $16,200 for the lot and $53,100 for the building for a total market value of $69,300. The property is nonhomestead. I feel this property is very much in—line with what other properties of this type are assessed at and would recommend no reduction in value for the 19$4 assessment. DWELLING year built X sq. ft. story height no. rooms no. baths no. bedrooms basement percent basement fin. fireplace walkout deck central air brick trim porch Lot Size n GARAGE X attached yes n4 OBSERVED CONDITION: exc. good fair poor PARCEL NO. I 1. / q- 010O�.i-fl GRADE / C`�` ,f`•�! '�.% �'' � i �'/ �. a.� �� i � .fir V v l� �J East First Avenue, Shakopee, Minnesota M79 tS MEMO TO: 1984 Shakopee Board of Review g FROM: Scott County Assessor's Office .\ � SUBJECT: Gre�ory Nastrom Property June 59 1984` PID # 27 049 003 0 _ Mr. Nastrom's property is described as Lot 3 Block 1 Zoschke's Addition. The property is located at 1970 Hilldale Drive. The 1984 estimated market value of this property is $21,200 on the land which consists of 5.50 acres, and $62,300 for the buildings for a total market value of $869500. The buildings are a 14 story home of 1184 square feet (ground floor) built in 1978. An attached garage of 528 square feet, a 25% finished basement, 1 3/4 baths, and an open porch of 80 square feet. Mr. and Mrs. Nastrom purchased the property in October of 1983 for $95,000. The main complaint of the Nastroms is that the land which they purchased along with the.home has been flooded by the Prior Lake runoff. They feel that this should justify a reduction in the value of the property. I checked the property on May 17th of this year and found that approximately 2.5 acres may be under water and unusable. However, this problem existed in previous years and I feel that the majority of the land under water would con— stitute a residual purchase with the main land value being placed on the build— ing site. The current level of assessment on this property is 91% which is very close to the average level of assessment in the City of Shakopee (90I) • For this reason along with the fact that the buyer should have been aware of the past water pro— blems of this property, I would recommend no. reduction in the 1984 EKV. DWELLING year built ^ "'r PARCEL NO. X sq. ft. story height no. rooms no. baths il� no. bedrooms basement percent basement fin. fireplace walkout deck central air brick trim porch Lot Size X GARAGE W ,a X attached yes no OBSERVED CONDITION exc. good fair poor JZ3 -� ;.:t.,� �. •- -.rte...._. ._arrwY�._� '�27-0ygo03-0 im �`%`:; .a�''• 129 Fiat First Avenue, Shakopee, Minnesota 55379 M E M O TO: 1984 hako ee Board ofReview. FROM: Scott County Assessor's Office SU3JECi': Jerome Ince Property DAIM June 5, 19$ PID #27 0$3 015 0 y is described as Lot 6 Block 2 Praire View 3rd Addition Mr. Ince's propert and is located at 600 Menke Avenue. The property consists of a lot which measures $5' x 145 and a home built in 19$3 and not completed as of January 21 19$4 ( the assessment date). The value on the property for the 19$4 assessment is $17,100 for the lot and $7400 for the home, which was assessed as 10lo complete on 1/2/$4•• Mr. Ince does not agree with our estimate of completion percentage on this date and feels the value should be reduced for this reason. At the time the property was inspected (1/13/$4) Terry Morgenson of the assessor's office asked one of the builders how much construction had been done on 1/2/$4• He was told that the foundation was ing the home was framed, roof was on but not shingledl and the garage was built. According to the partial complettion checklist which our office uses, this would constitute a completion of roughly 17%. We generally are conservative with the estimates on partial completions of this percentage and reduced the completion percentage to 10%. Unless additional information is supplied to by the owner showing an error in the amount of work completed on January 2nd of this years I would recommend no reduction in the 19$4 estimated market value on this property. A. -L %.J l a.i lj +J %-- j. is ," 129 East First Avenue, Shakopee, Wnnesota =79 Tp: l 99L Shakes as Roarrl of Review FROM: _Scott County Assessor's Office SUBjgL-7: Raymond Friedges Property MEMO V IN \\\ DAT'c: June `Z, 198L PID #27 092 036 o Mr. Friedges owns property located at 820 Prairie Street and described as Lot 7' Block 4 Eastview lst Addition. The property consists of a lot of approximately 14769 square feet and a home of 1380 square feet which was constructed in 1982. The home is a split -entry type, with stucco exterior, 2 full baths, 2 fireplaces, a garage of 1066 square feet, a finished basement with 1200 square feet finished, dentral air, some brick trim on the e4terior of the home, a 9' x 9' open porch, partially completed 3 - season porch with 192 square feet.- _ The home is classified as above average and the property has a 1984 estimated market value "of $17,800 on the land and $87,600 on the buildings for a total value of $105,400 on the property. I recheckelthis properjay on May 9th of this year and found our information to ba correct except for the percentage of completion on the 3 -season porch. The concern which Mr. Friedges had at that time was the effect of the twin -homes in this addition on the value of his home. He.has a twinhome across the street and another down the block from his house. I checked with the County Recorder's office and found no protective covenants are filed for this plat. I am sure that the market value of this home would be reduced due to the location of the home from what the potential market value would be in a more suitable plat or site. However, I do pot feel that the estimated market value which we have the property assessed for is excessive. ' DWELLING year built j a X sq. ft., story height no. rooms no. baths no. bedrooms basement percent basement fin. fireplace i walkout deck central air brick trim porch 3 - - • �� Lot Size -X - GARAGE -� L. x attached yes Zno_ OBSERVED CONDITION: exc. good fair poor PARCEL NO. 017-09,20340.0 GRADE N C V. 1.1_ 1 Ur :3rinits, QrCJ jt�j 129 East Fuzz Avenue, Shakopee. Minnesota 55379 MEMO TO: 1984 Shakopee Board of Review FROM: Scott County Assessor's Office SUBJECT: Eugene Brown Property DATE: June 5. 1984 Mr. Brown's property is located at 438 Dakota Street and is described as Apartment 6 & 1`11 interest in Lot 1 Block 1 Macey Plat. PID #27 032 006 0. Gene had some concern on the value which had been placed on the lot.described above. The lot value had been increased from $2100 to $4600 for the 1984 Assessment. After talking to Gene about the rental values and sale prices for these units I reworked the value for the total eleven units involved and arrived at a 1984 market value of $270,000. By -reducing the lot values on each parcel to $2600 I would have a total market value of $276,000. I informed Gene by letter dated May 17th of my intentions to reduce the lot values to $2600 and asked him to contact me if he had any questions or problems with this. Since I have not heard from Gene I assume that the adjusted value is satisfactory and would recommend to the Board of Review that they approve the values as currently listed for this plat. Lot: 21' x 271 Bldg.: 211 x 271 = 567 sq. ft. no basement Living room, dining area, kitchen 1 bedroom, 1 full bath. No garage Built 1970 DON D. MARTIN SCOTT COUNTY ASSESSOR COURT HOUSE 112 Id SHAKOPEE, MN. 55379 (612)-445-7750, Ext. 115 Deputy: LEROY ARNOLDI May 17, 1984 Mr. Gene Brown 119 S. Lewis Street Shakopee, MN. 55379 #27 032 006 0 Dear Gene, Thanks for the information this morning on the rents,(it gave me some ilea anyway) for Macey Plat in Shakopee. After working the total value for the eleven units involved using the rents worked on a Gross Rent Multiplier, I arrived at a figure of $270,100. If I reduced the land value for each lot to $2600 I would have a total value on the eleven parcels of $276,000. I am satisfied with this figure and have decided to use it for the 1984 assess— ment. The market value on your particular parcel for 1984 will be placed at $2600 for the land + $21,400 for the structures for a total value of $249000. If you have any problems with this or any other questions please call and we'll talk about it. Sincerely, R ert N. -Schmitt Scott County Assessor's Office An Equal Opportunity Employer REALTOR' Nis 119 SOUTH LEWIS STREET President EUGENE A. BROWN Gene Brown Agency, Inc. SHAKOPEE, MINNESOTA 55379 TELEPHONE: 445-5560 Vice President ROBERT J. BROWN B'.ay 8, 1934 City of Shakopee 129 1,.;. is t Avenue Shakopee, r•7innesota 55379 RE,: Parcel 27-032-006-0 Lescription: Lot 1, Block 1, i•.acey Plat AQt. CO Gentlemen: I purchased this condoni,rurn o:: :rove ;:ber 1, 1y32 for ;20,000.00. This unit does not have a gara--e. There are units with garages in this complex that :nay be purchased for :x22,000.00. -The market value for the units without garaze should not exceed X20,000.00. Sincerely, 3 � o � ^•� • `�..�.�,,.� • � -#ere A. 3 ro gym. 4310 X 11 , _A3`'i't o 40410 `64(01)9L10 `f (Oct ad X L, • L4 Z.RM Tb(q 0 a oRa10 00 s•. ., `i� ivv mw at �lVo-Vyev� At -CF; 1A q Ali 4 Gary Eastlund Executive Vice President S I TLAND INS. June 5 , 1984 Mr. Mayor and Members of the City Council of Shakopee Re : Notice of Change in Value of Property Mr. Brooks Hauser, Scottland Inc . and Valley Industrial Develop- ment Company, has a number of questions concerning valuation of the following parcel numbers : 27-905001-0 27-910003-1 27-904013-0 27-909012-0 27-909014-0 27-909012-1 27-909013-0 27-055010-0 27-909004-0 27-055011-0 27-908071-0 27-907015-0 27-909011-0 27-908001-0 27-909009-0 27-908002-01 27-909008-0 27-907011-0 27-042001-0 27-089002-0 27-910008-0 27-055004-0 27-911003-0 27-089003-0 27-915006-0 27-077002-0 27-914016-0 27-081001-0 27-910001-0 27-081010-0 27-910003-0 We have scheduled a meeting at 1 : 30 p.m. on Thursday, June 7 , 1984, with the assessor ' s office to discuss our questions . We understand the City Council will be continuing this meeting until June 12 , 1984 and request that the above parcel numbers be dis- cussed at that time , if there is a need to. Thank you for this consideration. SiAhcerely E r s� :z ,. /—Jl / Gary Eastlund GE/ap 5244 Valley Industrial Boulevard South, Shakopee, Minnesota 55379/612-445-3242 r Gary Eastlund Executive Vice President SOOTTLAND INQ June 5, 1984 Mr. Mayor and Members of the City Council of Shakopee .Re: Notice of Change in Value of Property Mr. Brooks Hauser, Scottland Inc . and Valley Industrial Developp ment Company, has a number of questions concerning valuation of the following parcel numbers : 27-905001-0 27-910003-1 27-904013-0 27-909012-0 27-909014-0 27-909012-1 27-909013-0 27-055010-0 27-909004-0 27-055011-0 27-908071-0 27-907015-0 27-909011-0 27-908001-0 27-909009-0 27-908002-01 27-909008-0 27-907011-0 27-042001-0 27-089002-0 27-910008-0 27-055004-0 27-911003-0 27-089003-0 27-915006-0 27-077002-0 27-914016-0 27-081001-0 27-910001-0 27-081010-0 27-910003-0 We have scheduled a meeting at 1 : 30 p.m. on Thursday, June 7, 1984, with the assessor ' s office to discuss our questions . We understand the City Council will be continuing this meeting until June 125 1984 and request that the above parcel numbers be dis- cussed at that time , if there is a need to. Thank you for this consideration. 4avy erely,,� / Fia(stlund GE/ap 5244 Valley Industrial Boulevard South, Shakopee, Minnesota 55379/612-445-3242 REAL ESTATE TAX INFORMATION YEAR MARKET VALUE ASSESSED VALUE TAXES 1962 26 ,850 2 , 685 501 . 98 1963 26 ,850 2 ,685 403 .06 1964 26 ,850 2 ,685 430.03 1965 26 ,850 2 ,685 497. 15 1966 26 ,850 2 ,685 517.00 1967 2.6 ,850 3 ,024 U09 .44 1968 30,240 3 ,024 547 . 20 1969 34,734 3 ,326 675 . 60 1970 35 ,346 3 ,394 752 . 16 1971 48 ,450 4 , 850 1349 .98 1972 48 ,450 4,850 1377 . 66 1973 48 ,582 14, 594 1086 . 96 1974 51 ,012 15 ,404 1083 .40 1975 53 , 562 16 ,254 1322 . 84 1976 79 ,568 18 ,421 1535 . 14 1977 93 , 948 22 ,077 1900.36 1978 93 ,948 22 ,408 1967. 56 1979 125 ,300 2.4,680 2061 .96 1980 125 ,300 24, 208 1791 . 64 111 202 17 1982 105 , 50 17 ,317 1879 ,10 1983 110,800 G.A. 18,352 2113 . 24 120, 600 1984 121 ,300 G.A. 20 ,047 2071 .44 134,300 1985 124,100 G.A. 135 ,400 June 4, 1984 In response to the notice that I received that property which I own consisting of 60 acres - Parcel #27-921001 - 0 Description 21 115 22: would be increased in value from $137,200 to $144,400 which amounts to 9.4% or $7,200. 1 am going to give the reasons I have that I think makes the increase unjust, unfair and uncalled for. 1 ) The latter part of 1982, all of 1983 and it appears it will also be 1984 or longer that I have lost at least ten acres of the best cultivated land that I own due to draining of property by Hauenstein and Olson onto my property. In order to see if I can get relief from the problem, I have had to get legal counsel . 2) Attached you will find report from Minnesota Agriculture Statistics Service showing farmland is decreasing in value and not increasing. 3) Buildings: Home - The main part of this house is probably 100 years old. It was remodeled and an addition put on In 1972 and 1973 at a cost of around $15,000. This home does not have a full basement. Barn No. I - Built about 1926, size 36 x 60. Needs roof, windows and doors. Not in good condition. Pole Building, size 40 x 60 - Built in 1961 ; cost $2,810.68 Wooden corn crib, size 24 x 40 - Build in 1956; cost $2,257.87. Roof needs repair. Garage, size 26 x 28. Built in 1957; cost $2,059.59. Needs new roof, paint and new service door. Quonset building, size 40 x 90, Built in 1965, cost $6,095. Needs paint, roof repair. 3,500 bushel steel bin - Purchased used from A.S.C. for $275. Storemore 5,500 bushel steel bin - Built 1979, cost $5,500. In good condition. These are the reasons I feel an increase in value is not justified. June 4, 1984 Subject 30 acres - Parcel 27-916013 - 0 16 115 22 Increase in value from $29, 100 to $47,700 - 6. 1% Zones agriculture. Used for farming purposes. Farmland is decreasing in value not increasing. See Statistician's Report. Subject 2 acres - Parcel 27-916013 - I 16 115 22 Increase in value from $92,800 to $102,900. Increase 9%. Buildings erected 1956 - 1957. These buildings need paint, some new windows, One needs new roof. Others have been reroofed. Increase in value unjustified. � . ~ . 10 rois, in turn, caused a 'vStaineU decline in the level of returns in the 1980's, o level which is not expected to increase measurably in the near future. Farmers also have experienced o reduc- tion of potential returns from tax xhelterim because of a slnwinq in t"e rate of inflation. Under ANY of the above circumstances, accoroin9 to USDA economists, one would expect o decline in farmland values. Consequently, winnpsuta )and valves ornuoeu 10� in both 1981-82 and in 19x2-�3. This hos placed many Minnesota farmers in financial peril. Because of the increased investment in farmland, levels of debt are hinlier and much of this debt was incurred at influte� asset ,aIues. [ash flows to service this dehl, "ave become a serious � problem. Additiunallv` t"e slump in farmland values has eroded farmers' borrowing pnwer. The loss of potential capital ooins is another factor. In 1983, Minnesota's total farm real estate debt totaled $8.232 billion, more than double what it 1,,,inneso1a land values durinv 1050-71 increased was in ly//, at an average annual rate of 5�' Beginning with 1972, ' however, the farm real estate market Minnesota farmland values show wide variation changed dramatically in the U.S, and Minnesota across the stote. The escalation and subsequent for several reasons: decline in values by districts are shown in the chart below' l' In 1971, foreipn e«ohamyp rates were realigned, putting U.S. farm ex" in a much AVERAGE VALUE PER ACRE stronger competitive position. oFMINNESOTA FARMLAND, aY FARM DISTRICTS 2. At the same time, poor worldwide harvests o'mm D�LLARS PER ACRE and shifts in food import policies by several major countries resulted in unprecedented Southwest demand for farm products overseas, These developments had far-reaching effects on $/'ym agriculture and they likely were most Southeast pronounced on the farm real estate market. During the early 1970's export sales were at historical highs' Prices were up and costs $1,000 were rising slowly, ensuring profits to farmers at near-record levels' Surplus stocks Northwest of grain disappeared' Agriculture expected this trend to continue and $ am so invested heavily in the land market. New East Central entrants and expansion by many existing farmers | caused land prices to he bid vn' This raised ' the level of debt carried by farmerx, In response to the lucrative export market U S » ^ U.S. n,, mn ,m^ n,, /o* nn mm m/o /980 198` /982 1983 fanners increased cropland cultivated about 20% during 1970-8,)' Data Source: Agricultural ute°,or. Service, University mMinnesota, P. w. m=. By tne miUsevpnties^ farmland had become a ^nrovtx stock", with its value being determined mostly by expected future grm^1n in returns. /he export market, which caused land values to skyrocket from 1972-30, also were the pr«,ar" reason that land values have dropped since 1980. The recession, the steady appreciation of the U.S. dollar in international markets, better crops worldwide, and U.S. price supports that work against exports have seriously eroded the denond for U.S. +arm products overseas. The result was o massive buildup of orain supplies and lower form prices. — TO: Tax Review Board, Shakopee, MN June 5, 1984 FROM: Gregory Nastrom, 1970 Hilldale Dr, Shakopee, MN The valuation placed on my property is scheduled to increase by about 72 % (about $6500) for next year, and according to a letter from the assessor this is based on the price I paid for the property last year. I object, and think the valuation should be lowered, not raised, because a large part of my property has been flooded and so is useless to me. The drainage ditch from Prior Lake runs a little west of my land, and spillage from the ditch runs across my field, up to the level where my barn floor is always muddy and unfit to keep animals in. We have about 22 - 3 acres of land with corn stubble on it, but which has been under water all spring (ducks are nesting about 75 feet from my barn! ) . According to the newspaper, rainfall in May this year was below normal , so I 'm sure this wetness is not the usual situation. Before buying the property, and again last month and again today, I called Mr. Don Benson of the local watershed district in Prior Lake. He assured me that they plan to improve the ditches, and plan to let bids for work on the drainage system. He said they planned to do this already a year ago but it's been "too wet" . They wanted to do it last fall but it was too wet. Now they plan to do it this summer - if it's not "too wet" . In the meantime, my field and barn are useless. The assessor wrote that our flooded land is not important for tax purposes and is a "residual value" of the property. I disagree because we could raise crops or run animals or use it in some other constructive way if it weren't flooded. The prospect of doing something with the land (after learning of Mr. Benson's plans to fix the ditch and stop the flooding) had a big influence on the price I was willing to pay for the property. Since the land is now worthless - it is even a detriment because mosquitos breed there and bother us near the house - I think the valuation of our property should be reduced. From the paper, 5 acre lots in our area go for around $20-25000 or even more. Since 3 acres of my lot are flooded I think our valuation should be reduced by $10-15000, for next year and each year after that until the government fixes the ditches. _L11 su i::< i y, i_ so_.ec la '::o� :.� 1`'. ore land and the lake �rt�?s drained) his land' s v life ,-ould fn.11. I rou�,ht hobby—farm la d 0.nd th t'ze fmlrn� was flooded. G�� CITY OF SHAKOPEE ` a�rte. 129 East First Avenue, Shakopee. Minnesota 55379 . MEMO TO: _ FR01yL Scott County Assessor's Office SUBJECT. Valle Industrial Development Property v DATE. Tune 12 198 On June 7, 1981+ I met with Mr. 'Gary Eastland and Mr. Bruce Malkerson who were representing Valley Industrial Development. We discussed the values for the 1984 assessment of thirty—one parcels and came to an agreement on all of the parcels involved. Adjustments were made for the properties located outside of the MUSA Line and the allowed use of those properties. Enclosed is a listing of the values which were agreed upon for the 1984 assess— eage contained on each parcel. ment and along with the parcel numbers and the acr VALLEY INDUSTRIAL DEVELOPMENT 6/8/84 Agreed upon values for the 1984 Assessment PARCEL NO. AREA CLASSIFICATION 1984 FINAL VALUE 1. 27 904 013 0 40.00 Acres Agr. $106,000 2• 27 905 001 0 118.86 Acres Agr. $317,300 3. 27 907 011 0 .50 Acres Agr. $ 800 4. 27 907 015 0 39.00 Acres Agr. $ 96,400 5. 27 908 001 0 56.85 Acres Agr. $ 769300 6. 27 908 002 1 .76 Acres Agr. $ 900 7• 27 908 071 0 71.45 Acres Agr. $ 98,200 8. 27 909 004 0 38.00 Acres Agr. $ 29,200 9• 27 909 008 0 40.00 Acres Agr. $ 56,000 10. 27 909 009 0 40.00 Acres Agr. $ 56,000 11. 27 909 011 0 39.00 Acres Agr. $ 75,200 12. 27 909 012 0 82.87 Acres Agr. $1319300 13. 27 909 012 1 2.68 Acres Agr. $ 11600 14. 27 909 013 0 119.08 Acres Agr. $230,600 15• 27 909 014 0 40.00 Acres Agr. $ 56,000 16. 27 910 001 0 25.62 Acres Agr. $ 15,400 17. 27 910 003 0 125.03 Acres Agr. $287,600 18. 27 910 003 1 71.80 Acres Agr. $ 439100 19. 27 910 008 0 215.00 Acres Agr. $129,000 20. 27 91-1 003 0 118.00 Acres Agr. $ 70,800 21. 27 914 016 0 2.10 Acres Agr. $ 1,300 22. 27 915 006 0 1.35 Acres Agr. $ 800 23. 27 042 001 0 39.75 Acres Agr. $ 56,900 24. 27 055 004 0 32.36 Acres 4-B $605,200 25• 27 055 010 0 2.87 Acres Ind. $ 469000 26. 27 055 011 0 .09 Acres Ind. $ 19500 27• 27 077 002 0 5.95 Acres 4-B $ 95,200 28. 27 081 001 0 5.99 Acres 4-B $ 95,800 29• 27 081 010 0 2.61 Acres 4-B $ 419800 30, 27 089 002 0 7.65 Acres 4-B $143,100 31. 27 089 003 0 4.57 Acres 4-B $ 85,500 TOTAL 1389.79 Acres 90501 00 These values were discussed and agreed upon on June 7, 1984. Bruce Malkerson and Gary Eastland attended for Valley Industrial Development and Robert Schmitt for Scott County. CITY OF SHAKOPEE }�• 129 Fast First Avenue, Shakopee. Minnesota 58379 MEMO TO . 1984 Shakopee Board of Review FRODri: Scott County Assessor's Office SUBJECT George Flander's Property_ Y DATF;: June 12, 1984 — PID -#27 001 600 0 Mr. Flanders owns property located at 330 East 6th Avenue. The legal description for this property is Lot 7 Block 79 City of Shakopee. The lot area is 60' x 142' and the value on the lot is $12,700. The house was built in the 1940's and is a one story home with 1094 square feet. The house. has an $0/ finished basement, 1 3/4 baths, 10 x 14 deck and a 10' x 14' patio. The garage is 14' x 22' built in 1948. The home was at one time a barracks located at the present site'of Murphy's Landing in Shakopee. The original 1984 value for'the land and buildings was $53,500. After rechecking have adjusted the va.luef age and general condition this parcel on June 67 19$4 I to $501300. Mr. Flanders has agreed to this value for the 1984 assessment. 41`trtr.�f CITY 0 - s1 6kiAl�- V rl� -6 129 East First Avenue; Shakopee. Minnesota 55379 . MEMO • O: 198L. Sh k o-OPP Rnnrr] of RPview — Scott Count Assessor's Office FROD& v SUBJECT: Weinandt Acres lst Addition. f DA•1'I:: Jtne 12 19$ I met witq Mr. and Mrs. Weinandt on June 8th to discuss the values on the lots in thier plat and the value of their farm house and outbuildings. After rechecking the buildings and lots in questions adjustments were made on the values of the following parcels: x#27 095 013 0 Adjusted Value Lot 1 Block 2 $4500 x#27 098, 014 0 Lot 2 Block 2 $4500 x#27 095 015 0 Lot 3 Block 2 $5200 — - #27 095 016. 0 00 Outlot A $122,700 Mr. Weinandt has agreed to these values and they will be used for the 1954 •' assessment if approved by this board. V�tOf Lrlw�` CITY 129 Fsst First Avenue Shakopee. Minnesota 55379 MEMO TO: 198L Sha,_ogP n.,�rwi of RPCrIPW FROM: Scott Count Assessor's Office NBJECT.Harold Schneider Property , DATE: June 12. 1984 , PID #27. 916 013 0 & #27 916 0.13 l #27 921 001 0 I met with Mr. Schneider on June 8th to discuss the values on his land and buildings which are located in sections sixteen and twenty—one within the City of Shakopee. We discussed the ages and sizes of the buildings and the condition of both the buildings and land. Mr..Schneider has a water problem on the land which is the result of the drainage of adjacent farmer's fields. This drainage has created a water accumulation on Harold's land which has flooded about ten acres and mane this portion of the farm unusable- at the present time. Agreements were reached on'the building valuation and the adjustments which were made for the water problems on the acreage were also approved by Mr. Schneider. The final valuation for the 1984 assessment on these parcels is. #27 916 013 1 & #27 916 013 0 Land $53600 Buildings $91800 Total $ 145,400 #27 921 001 0 Land $58200 Buildings $70100 Total $ 1289300 ! Its trrr:A f G i `l, X V r y 129 East First AverluG Shakopee. Minnesota 55379 . MEMO 1984 Shakopee n,,. yxi n f 'Revi pw FROM: Scott olinty Assessorts Office SUgjgCT: Sundance Medical Clinic 1 ' DASA June 121 198 PID #27 004 139 0 The Sundance Medical Clinic was reassessed for the 1984 Assessment in order to achieve equalization in values used on other medical buildings thoughout Scott County. The original assessment placed the 1984 value at $255,700. After discussing this value with Gloria Vierlingj from Sundance Clinic and Harold Smithq a tax consultant hired by the clinic, a fair value was arrived at for the 1984 assessment year. The value which has been agreed upon for the 1984 assessment is $2329800. The reduction-on the original value is due to correct ages for the buildings being used and consequently the depreciation rates for the buildings were changed to correspond to those ages. Mr. Smith notified me that it was his intention to advise Sundance Clinic to accept this revised value of $2327800. 129 East First Avenue; Shakopee. Minnesota 55379 1V M E M 0 TO: 1984 Shakopee Board of _I.evipw FROM: Scott County Assessorts Office SUBJECT: Plats of Horizon Heights lst, 2nd & 3rd DATE., June 12, 1984 Plat-Nos. 062 — Horizon Heights lst Plat No. 064 - Horizon Heights 2nd Plat No. 069 - Horizon Heights 3rd After meeting with Walt Muhlenhardt today and discussing the vacant lots which he still owns in the above plats, I would recommend to the Board of Review to make the following adjustments: Horizon Heights lst Addition Lots 7, 9, 12, and 13 Block 3 Reduce 1984 EMV to $9000 Lots 4, 51 6, 79 8, and 9 Blk. 2 • Reduce 1984 EMV to $9000 _ Horizon Heights 2nd Addition No Change Horizon Heights 3rd Addition Lot 3 Block 4 Reduce 1984 EMV to $9000 These reduction are due to the lack of trees, shape of the lots, (narrow and long). The original EMV for 1984 was $9700 on each of the above lots. Parcel 77 Marie Muhlenhardt et. al. This parcel contains 151.61 acres and is the original farm of the Muhlenhardt f amily. After rechecking the land portion of this parcel and finding that there are approximately 2 acres of pasture land which cannot be used because County Road #16 intQrsects the land at this point. I recommend to the council acting as the Board of Review, that these 2 acres be classified as wasteland and the value on these 2 acres be reduced from $1200 to $200. The total value for the 1984 assessment be reduced from $1871200 to $186,200. TENTATIVE AGENDA Housing Authority in and for the City of Shakopee, Minnesota City Hall Council Chambers Regular Session June 5, 1984 Chairman Colligan presiding 1. Roll Call at 7 : 00 P.M. 2 . Approval of the Minutes of February 28 , and April 3, 1984 . 3 . Purchase of Downtown Property in Block 29, Original Shakopee Plat. 4 . Other Business a) Management at 200 Levee Drive b) 5 . Adjourn Jeanne Andre Executive Director PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY SPECIAL SESSION SHAKOPEE, MINNESOTA FEBRUARY 28, 1984 Chrm. Colligan called the meeting to order at 9;05 with Comm. Wampach, Leroux, and Vierling present. Comm. Lebens was absent. Also present were John K. Anderson, City Admr. ; Jeanne Andre, :iRA Director; H. R. Spurrier, City Engineer; Julius A. Coller, II, City Attorney; Rod Krass, Ass't City Attorney and Mayor Reinke. Wampach/Vierling moved to approve the minutes of February 14, 1984 as kept. Motion carried unanimously. Jim Casserly, of O'Connor and Hannon, went over the numbers involved in the Assessment Agreement with the developers of the Shakopee Racetrack. He said the agreement shows a 10 year level amortization with 10o interest, and no balloon. He pointed out the original bond in 1984 would be for $7,250,000, with $6 million as the tax increment amount. He said there could be another $3 million bond in 1986, which would be without capitalized interest, if the City desired. This bond sale would be based on anticipated revenues from the payments of the payments on the $3 million loan to the developer. He pointed out the back-up protections the City has, especially the provision that converts property taxes to personal judgment against the developers. Cncl. Wampach asked about using the bonding in 1986 for downtown redevelopment. Mr. Casserly said the available $3 millioim could be used for any legitimate cost in the whole project area. He recommended not bonding for more than what you would reasonably need in a 12 month period, which could mean just $1 or $2 million in several years. Mr. Casserly said a summary of the agreement is the City is providing 1) on-site assistance via $3 million land write-down and $3 million loan, and 2) off-site assistance in an amount not to exceed $2.9 million. The developer is paying a $3 million loan over 10 years at 10/ interest, and signing an assessment agreement with various guarantees, including paying a certain amount of taxes. When the project is complete and the bond issue is paid off, the City will have a $45 to $60 million facility on the tax rolls. Mr. Casserly explained that everybody in the negotiations has the understanding that in the event the franchise is awarded to Shakopee and there is some kind of litigation that delays the development getting started, the City would be will- ing to re-negotiate the time frame. There are distinct time periods contained in this agreement which could be shifted down a few years. Bruce Malkerson, representative for the developers, indicated his agreement. Mr. Casserly pointed out the changes contained in Article 7. Considerable dis- cussion ensued regarding the provision contained on page 7-3, ii regarding de- ferred payments of interesto Mr. Casserly said this was strictly a policy issue. He said that w or more of the racetrack property is in the hands of a number of other parties. He said the improvements have to go in uniformly, and to subject other property owners to assessments when they aren't ready to develop their property would be easier if the assessments are deferred until such time as the Property develops. The City Admr. clarified that it is three road segments that are new construction which are addressed here, two of which are under the con- trol of the developer, but not adjacent to the race track site. The third segment is outside the developer's control and we don't know when that property is going to be developed. The City Engineer compared it to portions of the VIP Interceptor that are not drawing interest, stating he didn't feel this policy is inconsistent. Shakopee HRA r- February 28, 1984 Page 2 The City Admr. explained that this assessment agreement does not cover how the City will recoup monies for overlays and street widenings for other properties in the industrial park. This does not talk about assessing any improvements that are existing. The assessment pay-back agreement only refers to road seg- ments that do not exist today. Consensus was to agree with the policy as stated. Jim Casserly said another change that was made was in the purchase price, from $4,550,000 to $4,708,000 and the City's contribution is changed from $7 million to $6 million. Mr. Casserly said the final substantive change is that the market value shall not be less than $17,100,000. He said the actual taxes paid will be set by the assessor and that does not need to be included now, as long as there is a minimum. The Ass't City Attorney said this is the same type of provision that was entered into with Kmart. Leroux/Vierling offered Resolution No. 84-3, A Resolution Approving a Contract for Private Development with Minnesota Racetrack, Inc. , and the Sale of Certain Land by the Authority Pursuant Thereto, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Vierling/Wampach offered Resolution No. 84-4, A Resolution Extending the Period During Which The City Council of the City of Shakopee May Hold the Proposed Tax Increment Financing Plan for Tax Increment District No. 4- for Review, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. The HRA Director explained a request by Dean Brunkow, a purchaser of a home in the Fourth & Minnesota project, to have a determination of his loan balance for a re-financing of his mortgage. Discussion followed. Wampach/Leroux moved to direct appropriate HRA officials to 1) provide Mr. Dean Brunkow a written confirmation of his loan balance as of February 28, 1984 at $5013.20; 2) if necessary, execute a new promissory note for the revised loan amount, and 3) execute an agreement to subordinate the HRA Promissory Note to the new mortgage. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Vierling moved to adjourn. Motion carried unanimously. Meeting adjourned at 10:24 p.m. Jeanne Andre HRA Director Diane S. Beuch Recording Secretary PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY REGULAR SESSION SHAKOPEE, MINNESOTA APRIL 3, 1984 Chrm. Colligan called the meeting to order at 7;06 p.m. with Comm. Wampach, Leroux, Lebens and Vierling present. Also present were Mayor Reinke, Julius A. Coller, II, City Attorney; John K. Anderson, City Admr. ; Judi Simac, Deputy H.R.A. Director and Judith S. Cox, City Clerk. There was no business to be discussed. Leroux/Vierling moved to adjourn. Motion carried unanimously. Meeting adjourned at 7;07 p.m. Judi Simac Deputy II.R.A. Director Diane S. Beuch Recording Secretary TO: Shakopee Housing and Redevelopment Authority (HRA) FROM: Jeanne Andre, Executive Director RE: Purchase of Downtown Property in Block 29, Original Shakopee Plat DATE: June 1, 1984 Introduction: The City of Shakopee previously owned the southerly portions of Lots 4 and 5 , Block 29 , Original Shakopee Plat, and recently acquired the abandoned railroad right-of-way to the north. At issue now is whether the City or HRA desire to acquire the add- itional triangular portion of these lots to the north of the railroad right-of-way which is now owned by Northwestern Bell Telephone. A related issue is whether the City desires to sell to Joe Topic a triangular piece of Lots 9 and 10 in the same block which the City acquired in its purchase of abandoned rail right- of-way, and which would square off lots he already owns . Background: Recently the City was working with the Minnesota Jaycees regarding the possibility of constructing their state headquarters on Lot 4 and 5 , Block 29 , Original Shakopee Plat . At that time it came to light that the City did not own a triangular portion of these lots to the north of the rail right-of-way, which is owned by Northwestern Bell Telephone and is used as parking. At that time an inquiry was made to the telphone company to determine if they would be willing to sell that property, giving the City two complete lots . By the time the telephone company responded, the Jaycee project was no longer viable. However staff feel that the City may wish to acquire this property to fill out the lots and be ready for possible future development. Attached are portions of an appraisal commissioned by the telephone company which establish a purchase price of $17 , 500 for the parcel in question, or $4 . 68 per square foot for 3 , 740 square feet. It is possible for the City to acquire the parcel from the telephone company to join with the rest of lots 4 and 5 that it already owns . However since the HRA has the role of holding and marketing land for redevelopment, Staff feels that it may be more appropriate for the HRA to purchase the land, if the City is willing to sell its interest in the rest of these lots to the HRA, so that one entity will control the entire parcel. If this approach is taken, a sale price must be established for the City- owned parcel . Alternative prices could be as follows : TO: Shakopee Housing and Redevelopment Authority (HRA) FROM: Jeanne Andre, Executive Director RE: Management at 200 Levee Drive DATE: June 1, 1984 Introduction: Concerns about the welfare of residents at 200 Levee Drive have recently resurfaced and Marge Henderson, Chairman of the Scott County HRA, plans to attend the next HRA meeting to discuss this issue and see if the Shakopee HRA is in a position to address any of these concerns . Background: 200 Levee Drive as a Section 8, subsidized apartment building owned by John Bergstad. In developing this project Mr. Bergstad received tax increment assistance from the City in the form of a land write-down and construction of water line facilities to the site. He also received mortgage funding from the Minnesota Housing Finance Agency (MHFA) and receives monthly rental assistance on behalf of the residents from the federal government. To secure its financial status MHFA over- sees the management of the building to assure reasonable, cost- effective operations . I 'm sure the federal government also has many regulations for section 8 assisted facilities . The initial management plan called for a part-time caretaker to deal with maintenance and the physical plant and a part-time manager to handle rent-up, rent receipts and complaints . The latter was to have regular hours Monday through Friday. In addition a peer support group was set up with a volunteer coordinator. Each apartment has two emergency pull cords , one in the bath and one in the bedroom, which when pulled light a fixture in the hall outside the apartment to alert other residents of the problem. In addition, Margaret Haas (the resident coordin- ator ) does a daily door check. Each resident is to hang out a notice to indicate they are well by a specified time. She checks the doors and anyone without a sign displayed will receive a knock on the door to see if they' re okay. She has a pass key to obtain entrance if there ' s a problem. I understand that Mr. Bergstad recently decided to change his staff and went through a period where he was handling the management himself, although not keeping regular daily hours. He planned, to hire a new manager, and may have already done so. Many residents and their relatives are concerned that the facility is not staffed 24 hours per day, or at least more than the approximately 20 hours per week scheduled in the past. Since this is a private facility which is in no way under City or HRA supervision it is questionable whether the City is in a position to address those concerns . However the HRA may wish to assist in brainstorming to see if some positive suggestions could be directed to Mr. Bergstad. Ms . Henderson indicated that she would contact Mr. Bergstad to see if the management services available through the Scott County HRA would be useful to him, providing low-cost local man- agement or back-up services . If Mr. Bergstad hasn' t already put together a new management team, he may find a positive alternative through the County HRA. ��TT y�r�MhJT� SCOTT COUNTY ANy��J ��y|��HUMAN- ' ~~_. ` , ..~^~^ IdG99COUNTY ROAD 83 SHAK[)PEE. MN. 55379-1892 (612)445-7751 PEG GUB8Y'Assistant County Administrator Human Services May 29 ^ 1984 Shakopee City Council City of Shakopee Shakopee, MN 551,79 Dear City Council Members : I am writing this letter as an advocate and concerned person for the safety and well -being of senior citizens livnU in the Ili-Rise at 200 LeVee Drive . Z personally have been called regarding fires , party- line phones being left off the hook while one party was on a trip , and concerns by residents that there is not a live-in manager or caretaker to assume responsi- bility for this type of incident . Iwould lihe to clarify that Z think the Hi-Rise is a wonderful facility and has certainly helped to make the lives of many senior citizens fuller , happier , and more contented ; I do believe that while the building is under private ownership, the entire community, the City Council , and anyone who works or advocates for seniors would be looked upon as negligent if anything truly tragic happened there. Especially in view of the fact that public funds were used to construct the buildinA. I hope this letter will be viewed as constructive and that the Council will use it's influence to remedy the existing situation. I understand there has been less than part-time management or supervision since the last manager left. 3innerely , (];-D Assistant Countr� &dmiuiatrator-Humao Services Betty Pink Senior Program Supervisor Scott County Human Services 98: 8R :bor cc : Mary Jo Verochoy ^ Program Manager 9 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA MAY 15, 1984 Mayor Reinke called the meeting to order at 7:00 p.m. with Cncl. Colligan, Leroux, Vierling and Wampach present. Cncl. Lebens was absent. Also present were John K. Anderson, City Admr. ; Judith S. Cox, City Clerk and H. R. Spurrier, City Engineer. Julius A. Coller, City Attorney, arrived later. Liaison reports were given by Councilmembers. Mayor Reinke asked if there was anyone present in the audience who wished to address the Council on any item not on the agenda. Bill Chard asked if the Council would consider exercising its option in the Developers Agreement of October 1979 for Ea stview First Addition, to release some of the money in the escrow account for which the City is paying 5/ per annum. He said this would help him with cash flow, and he will be closing on some lots in about 60 days. He has hopes of selling all the lots this summer. Leroux/Wampach moved to refer this request to City staff to research and present appropriate information to Council. Motion carried unanimously. Rod Krass said he would like to address the proposed ordinance change regarding noise regulations relative to the racetrack construction. He said he and other neighbors he and his wife talked to didn't realize the scope of what was pro- posed for construction scheduled for 20-21 hours a day. He said he understands the difficulty of the time-table for the racetrack and he is just wondering if there is some way to work out some scheduling so folks can get some sleep at night. He realizes there will be inconveniences for the year of construction, He said he has to believe the developer can meet the deadline and still not run scrapers, etc. all night, He said he had not seen the proposed ordinance change, and he was not sure what it means about waiving the PCA noise levels. He would, therefore, request another meeting with the developer to try to work out some scheduling that folks can live with. Mayor Reinke re sponded that he lives in the same neighborhood, and talked to many of the people, who he felt didn't have a problem with the proposal. Marilyn Krass said that at this point no one could tell her how noisy it will be, and whether or not you can sleep through the construction noise. She thinks it will be hard to change anything after it has started. She is asking for alter- natives, such as two 8-hour shifts or 7 days a week or some other compromise. Bruce Malkerson, representing the racetrack, said they are willing to get together with anyone at any time to discuss this further. He suggests the Council can still amend the ordinance tonight, which just allows them to waive the noise ordinance for cause. He said they could try their schedule on an experimental basis, and if it doesn't work out it could be revoked on a day's notice. He suggested they could sign a permit that said they would waive their rights to contest such a revocation. He said they are here to work with the neighbors. Cncl. Leroux said he wouldn't see any problem with passing the ordinance tonight, because that just allows the Council to issue a special permit. Any application for a special permit will have to be made separately and acted upon after another meeting. Discussion continued. Consensus was for Mr. Malkerson to talk further with Mr. and Mrs. Krass to deter- mine a date for a meeting, set it up and send notices to other affected neighbors, have staff attend, and bring back information at the next meeting. Leroux/Vierling offered Ordinance No. 145, Fourth Series, An Ordinance of the City of Shakopee Amending Shakopee City Code Chapter 10, entitled "Public Protec- tion, Crime and Offenses" by adding a new Provision to Section 10.60 Subd. 3D as herein setout and by Adopting by Reference Shakopee City Code Chapter 11 and Sec- tion 10.99 which among other things contain Penalty Provisions, and moved its adoption. The City Admr, summarized the ordinance. Roll Call: Ayes; Unanimous Noes; None Motion carried. Shakopee City Council May 15, 1984 Page 2 The City Admr. said he has received a letter from Chuck Bernhagen, who said he is not interested in dedicating easement to the City for a public right-of-way to serve his property. He indicated there would be public right-of-way near him for the proposed by-pass, and his road will not be an appropriate line-up for that road, and therefore he would lose more of his property. The City Admr. said Eugene Mielke and his neighbors have decided to dedicate the necessary right-of-way. He also said Mr. Breeggemann would like to dedicate the right-of- way, but the other property owners near him do m t want to dedicate it. Cncl. Wampach related that Mr. Breeggemann said the City has not touched his road for maintenance in 15 years. The City Admr. said the Public Works staff goes out once a year and blades the road. Discussion followed. Mr. Tom Phillips asked for a clarification of the ownership of various roads. He said he always thought the road was public. He said he first found out last fall that it is not a public road. The City Admr. said the question is whether the residents want a public or private road. If they want a public road, it will have to conform to minimum design standards for the City. Mayor Reinke said apparently the road had been public at one time, but the docu- ment was never recorded and various owners sold off the roadway dedication with the property. The City Engineer said that maintenance can only be provided on public right-of- way. Then, even though the road is sub-standard, minimum maintenance will be provided as long as the present property owners or their heirs, but not assigns, own it, in satisfaction of the agreement made with Eagle Creek township. Dis- cussion followed regarding whether or not 50 feet is necessary for these roads. The City Admr. said it was his impression that Council wanted to force a choice between a proper dedicated street or a private road. Mr. Mielke has agreed to a dedication of 50 feet and a turn-around. He added the City needs to know the maintenance levels of all streets, which is possible with minimum City standards. The City Engineer added that the amount previously dedicated to the township was 66 feet of right-of-way. The City Admr. asked if the agreement the City made 10 years ago to perform maintenance on these roads prevail, or does State law that prohiti is the City from performing maintenance on private roads prevail. The City Attorney said if the agreement was made contrary to State law, it was illegal. The City cannot perform public work on private property. Colligan/Vierling moved to direct staff to meet with the property owners involved in the Eagle Creek driveways and Breeggemann road and inform them of the City Attorney's opinion and report back to City Council. Motion carried unanimously. Mr. Petch said he doesn't know how the City can get out of performing maintenance on his road. He said it is a 2 rod read and is a public right-of-way. He said the City took over the road and didn't do anything to maintain it. He said last fall the City put on two loads of rock, which probably cost $40, which is the only cost for 40 years. He says every 2-3 years it might get graded. The City Engineer said the City doesn't have a standard for the level of service for the Petch road. He suggested if the City was going to maintain it, it should be added into the rehabilitation policy, where costs get assessed back to the property owner for rehabilitation. This road does not meet the City's standards and at some point may have to be completely re-done. Discussion followed regard- ing the difference between rehabilitation and maintenance. Leroux/Wampach moved to direct staff to meet with Mr. Petch and explain the City's policy of maintenance and rehabilitation, and bring the results back to Council. Motion carried unanimously. Leroux1Colligan moved to open the public hearing regarding the vacation of Shumway Street south of First Avenue. Motion carried unanimously. The City Clerk said the City Engineer has requested that any gate not be wider than 36 feet, because the curb cuts are 40 feet. She said the applicant is agreeable to that. Mayor Reinke asked if there was anyone present in the audience who wished to comment on this hearing, and there was no response. Shakopee City Council May 151 1984 Page 3 Colligan/Vierling moved to close the public hearing. Motion (carried unanimously. Leroux/Wampach offered Resolution No. 2256, A Resolution Vacating that Part of Shumway Street Herein Described, and moved its adoption. The City Admr. summar- ized the resolution. Roll Call; Ayes; Unanimous Noes; None Motion carried. Wampach/Leroux moved to direct that no building permit be issued within the vacated right-of-way of 'Shumway south of First Avenue for a gate wider than 36 feet. Motion carried unanimously. Colligan/Vierling moved to open the public hearing the vacation of alley south of 10th Avenue between Apgar and Shumway. Motion carried unanimously. Mayor Reinke asked if there was anyone in the audience who wished to comment on this hearing, and there was no response. Colligan/Vierling moved to close the public hearing. Motion carried unanimously. Colligan/Leroux offered Resolution No. 2257, A Resolution Vacating the Public Alley in Block 1, According to the Plat of Terrence Addition, Scott County, Minnesota, and moved its adoption. The City Admr. summarized the resolution. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Wampach moved to direct proper City officials to execute the Indirect Source Permit Application for the Shakopee Racetrack to be submitted by the City of Shakopee and Minnesota Racetrack, Inc. , to the Minnesota Pollution Control Agency. Motion carried unanimously. Leroux/Wampach moved to accept the notification of the Class A license issued to Minnesota Racetrack and to approve it on behalf of the City. Cncl. Colligan asked about the intended use of the community room at the race- track. He said he is concerned about the stipulation in the license that it not create a competitive situation. He asked if it will be available to the public or if liquor will be available. Mr. Malkerson replied that there would not be liquor available without a special request and approval by the Council. He en- visions special meetings of thoroughbred racing groups and other things directly related to racing. It is not intended to be a public community room. He further explained that this license is to allow them to commence construction, from the point of view of the State. Motion carried unanimously. The City Admr. summarized the resolution regarding the eminent domain proceedings _ to acquire the right-of-way necessary for the north/south collector street at the westerly boundary of the racetrack. The City Engineer clarified the location of the road, which he says has an 80 foot right-of-way, which is standard for collector streets that have no parking on them. He said the City would be assess- ing the first 60 feet of it. Leroux/Vierling offered Resolution No. 2262, A Resolution Initiating Eminent Domain Proceedings for Acquisition of the Right-of-Way Required for the North South Collector Street, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Colligan moved for a five minute recess at 9:00 p.m. Motion carried unanimously. Vierling/Leroux moved to re-convene at 9:11 p.m. Motion carried unanimously. Colligan/Leroux moved to approve the minutes of April 17, 1984, April 24, 1984 and May 1, 1984 as kept. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Colligan moved to place on file the letter dated May 8, 1984 from the Assoc. of Metropolitan Cities regarding the nominating committee. Motion carried unanimously. Colligan/Vierling moved to place on file the letter dated May 8, 1984 from the Assoc. of Metropolitan Municipalities regarding the 10th annual meeting. Mayor Reinke and Cncl. Vierling and Colligan indicated they would be attending. Motion carried unanimously. Shakopee City Council May 15, 1984 Page 4 The City Admr. asked for nominees for openings on State boards and commissions. The City Admr. informed Council about the names that had been suggested for support for the Regional Transit Board. Colligan/Vierling moved to direct the Planning Commission to hold all the public meetings regarding the Racetrack Area Plan with members of Council, ICC and other interested parties notified of their time, place and agenda. Motion carried unanimously. Vierling/Wampach moved to terminate Terry Klinger from membership on the Downtown Committee, due to his lack of attendance at the meetings. Motion carried unanimously. Vierli ng/Leroux moved to accept the schedule for the presentation of the Down- town Development Plan by the Downtown Committee. Motion carried unanimously. Leroux/Wampach moved to direct the City Attorney to prepare the proper ordinance amending the City Code regulating taxicabs. Discussion followed regarding some sort of reciprocity agreement with other com- munities. Consensus was another cab company could pick-up and drop off customers in Shakopee, but not solicit business here. Motion carried unanimously. Colligan/Vierling offered Resolution No. 2261, A Resolution Ordering the Prepara- tion of a Report on an Improvement on the Rehabilitation of Roadways in Eagle- wood Addition, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Colligan moved to accept the proposal from Braun Engineering Testing for soil work for street reconstruction in Eaglewood Add'n, in an amount not to ex- ceed $6,255.00. Roll Call: Ayes; Unanimous Noes; None Motion carried. Cncl. Colligan initiated a discussion regarding the advisability of requiring a utility company to install street lights and electrical services to the lots in Weinandt Acres lst Add'n. He objects because of the cost involved and. the length of time it will take before the utility realizes a revenue. The City Admr. res- ponded that SPUC did not seem to think it was unreasonable to install these im- provements now . He added there are two building permits about to be issued for the development. Colligan/Leroux moved to authroize the appropriate City staff to take the neces- sary procedures to install the street lights and electrical service in Weinandt Acres lst Addition by 429 prol2ect procedures because of the City' s commitment in its August 20, 1980 Developers Agreement and adopted the following resolutions: 1) Res. 2258, Declaring the adequary of a petition and ordering the prepara- tion of a report, 2) Res. 2259, Receiving a report (and ordering; an improvement, 3) Res. 2260, Authorizing construction by the Shakopee Public utilities- Boll Call: Ayes; Unanimous Noes; None Motion Carried Discussion ensued regarding the complaint about the garage placement at 503 West 4th Avenue. Cncl. Vierling said the Planning Commission spent a considerable amount of time discussing this issue, and their consensus was that it should be a staff decision, and if a mistake was made, to just live with it. Leroux/Vierling moved to affirm the zoning administrator's determination that a front-yard setback of 15.5 feet for the garage built on Lot 5, Block 44, OSP, as an accessory structure to 503 W. 4th Ave. , is in accord with the City Code. Motion carried unanimously. Colligan/Leroux moved to authorize the appropriate personnel to execute the Mutual Aid Pact for Law Enforcement Services between Scott County, the City of Prior Lake, the City of Belle Plaine, the City of Jordan, the City of New Prague, the City of Savage and the City of Shakopee. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Colligan moved to remove from the table the issue of JEJ Project Funding. Motion carried unanimously. Shakopee City Council May �5, 1984 Page 5 Leroux/Wampach moved that the JEJ drainage project be paid out of the Capital Improvement Fund. Mayor Reinke suggested replenishing the Capital Improvement Fund by including funds in the 1985 budget. Discussion ensued regarding replenishing it with debt service fund from a public improvement fund balances as they are closed out. The City Admr. suggested adopting a policy that would identify sources of income if a minimum is desired to be maintained in the Capital Improvement Fund. He suggested bringing it back at budget time. Motion carried unanimously. Vierling/Leroux moved to direct staff to come back with some kind of narrative that can be put in place at budget time for the Capital Improvement Fund. Motion carried unanimously. Leroux/Vierling moved to remove from the table discussion of sewer service fund for Jerry Wampach. Motion carried unanimously. The City Admr. explained that the policy is that a person who makes a claim for a refund has to make that claim before he makes a payment, to eliminate claims for years ago. The extenuating circumstance in this case is that Mr. Wampach was apparently given incorrect direction at SPL'C about making a claim for a refund. He added the utility manager also questions some of the policy for refunds. Cncl. Wampach said he brought the questioned bill to the attention of SPUC right away, and he was told nothing could be done about it for 12 months, and then a comparison would be run and at that time a refund could be considered. Leroux/Vierling moved to approve the refund of $100.70 to Mr. Jerry Wampach as a credit against future sewer bills. Roll Call: Ayes; Reinke, Leroux, Vierling, Colligan Noes; None Abstain: Wampach Motion carried. Colligan/Leroux moved that bills in the amount of $219,489.20 be allowed and ordered paid. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Leroux moved to authorize the Public Works Dept. to write specifications for the sewer inductor, and advertise and open sealed bids on May 31, 1984. Roll Call: Ayes; Unanimous Noes; None Motion carried. Discussion ensued regarding the need for storage space for the park department, and whether or not a pole shed should be allowed. Colligan/Wampach moved to direct staff to re-evaluate space needs for the parks department. Motion carried unanimously. Discussion ensued regarding the need for a new City Hall, timing for planning for it and possible placement concerns. The City Attorney said if the City decides it is necessary to take property for a public purpose such as a City Hall, it can hold the property until the right time for construction. Leroux/Colligan moved to appoint a committee to be made up of three members of Council and 2 members of Planning Commission to select a site for a new City Hall. Anyone else interested would be welcome and minutes should be kept. The commit- tee would set up a procedure, outline its process and time line involved. Colligan/Wampach moved to amend the motion to appoint Cncl. Lebens, Leroux and Vierling as the members from Council. Leroux/Colli gan moved to table the motion. Motion carried unanimously. Leroux/Wampach moved to suspend the rules regarding appointments to commissions and committees. Motion carried unanimously. Leroux/Colligan moved to remove the appointment to a City Hall committee from the table. Motion carried unanimously. Motion to amend carried unanimously. Main motion as amended carried unanimously. Consensus was to further discuss the Pavement Preservation and Rehabilitation and Storm Water Drainage Utility at the meeting on May 22, 1984. • j Shakopee City Council May 15, 1984 Page 6 The City Engineer went over the items on which there is consensus approval in the Pavement Preservation and Rehabilitation Policy. The City Admr. said the ICC recommended that commercial/industrial property be treated the same as residential regarding zone assessments. The City Engineer said the biggest policy decision to be made is whether or not streets that have additional width not required by functional class should be made narrower to conform with the City's standards. The City Admr. will solicit opinions from Cncl. Lebens if she will not be able to attend the meeting. Mayor Reinke wants additional discussion about definitions of reconstruction and new construction, especially as it relates to streets that were never con- structed to City standards in the first place. The City Engineer said the question on stormwater drainage is whether you want to do for storm sewer what was done for water system, which is to cost out the trunk facility and apply the cost on an area basis. Colligan/Leroux offered Resolution No. 2254, A Resolution Amending Resolution No. 21.90, Setting Fees for City Licenses, Permits, Services and Documents, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Vierling/Colligan offered Resolution No. 2255, A Resolution Amending the City of Shakopee Personnel Policy Adopted by Resolution No. 1571, and moved its adoption. Motion carried unanimously. The City Admr. informed Councilmembers that Hwy. 4.1 south of Chaska will be detoured shortly through Shakopee by means of Hwy. 169 and Hwy. 212. He will provide further details when available. The City Admr. said Bahr Malting has filed an assessment appeal directly to Tax Court, based on the idea that attached machinery is not taxable for property and that their entire operation is attached machinery. Cncl. Leroux asked the City Admr. to check on the conditions placed on the Con- ditional Use Permit issued by Shakopee to the AID house, to make sure they are in compliance, especially regarding staff. The City Attorney reported that the Racetrack made a request to climb the water tower to take construction pictures, and he would recommend against it. Council members concurred. Leroux/Wampach moved to adjourn to May 22, 1984 at 7:00 p.m. Motion carried unanimously. Meeting adjourned at 11:00 p.m. Judith S. Cox City Clerk Diane S. Be uch Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA MAY 22, 1984 Mayor Reinke called the meeting to order at 7:07 p.m. with Cncl. Leroux, Colligan, Wampach and Vierling present. Cncl. Lebens arrived later. The following members of the Cable Communications Advisory Commission were pre- sent for a joint meeting: Chrm. Bill Anderson, Comm. Harrison, Abeln, Davis, Harrison and Williams. Also present were Judith S. Cox, City Clerk; John K. Anderson, City Admr. ; and Julius A. Coller, II, City Attorney. Chrm. Anderson gave a presentation making a request to City Council for a change in status from the present status of advisory commission to a decision-making advisory commission, for the following reasons: 1. The experience of the commissioners; 2. Change in the cable system from construction to operational, with many items being more routine in nature; 3. Some frustration by commissioners of having responsibility and spending time and effort, with no authority; 4. Duplication of effort for Cable Commission and City Council. He said the commissioners suggest an arrangement similar to the Planning Com- mission's authority, where many items are dealt with finally and only certain types of items are referred routinely for Council action. He stated the advantages to City Council would be the improved usefulness of the Cable Commission, with subsequent time ard energy savings for Councilpersons; clarification of responsibilities of each group and a standard procedure for referral of any citizen complaints or comments. This would allow the Cable Commission to make final decisions, while still allowing City Council to over- rule verrule any actions. A citizen's appeal would come directly to the Council from the Cable Commission and in other actions an appeal could be made by Council from the Cable minutes. Chrm. Anderson presented the Cable Commission's suggestions for decision-making authority in the following areas: 1. Variance requests from the ordinance. 2. Channel changes. 3. Viewing center/computer center problems. 4. ZU's monthly report. 5. Penalty and franchise complaints. 6. Subscriber complaints. 7. Access Corp. reports. 8. Additional items not designated for recommendation only. The Cable Commission recommended the following areas remain status quo, with the Cable Commission making a recommendation only to City Council: 1. Amendments to the ordinance. 2. Rate changes. 3. System evaluation. 4. Franchise renewal or sale. Chrm. Anderson therefore recommended language to change Resolution No. 2101 to reflect these changes in authority. Discussion followed regarding the advisability of having the Cable Commission making decisions on penalties against the cable company. The City Attorney said City Council cannot delegate its authority to levy a penalty for a fine. Dis- cussion followed. Chrm. Anderson explained that the Cable Commission is in the process of adopting a standard complaint form and procedure for handling citizen complaints. He said there have not been many citizen complaints so far. He said the commission is working on becoming more visible to the residents as an alternative for problems and a liaison with the cable company. Mayor Reinke and Cncl. Wampach mentioned complaints about workmanship during construction and cables that are not buried. The commission members took note and stated they would ask ZU about those items at their meeting later this evening. Shakopee City Council May 22, 1984 Page 2 The City Admr. suggested looking at each area listed for decision-making by the Cable Commission to see if it needs some procedure listed, such as a time limit for appeals. Discussion ensued regarding the installation of equipment at the schools for the institutional network. Cncl. Leroux said the schools are frustrated be- cause they can't get answers from ZU, and have asked for a joint meeting be- tween City Council and the Cable Commission. Chrm. Anderson explained the Cable Commission has been trying to set up an institutional workshop for the various groups to explain what is available and how it all works. Mayor Reinke said the school system is willing to spend some money to get the necessary equip- ment to have a system in operation before next year. Cncl. Lebens arrived and took her seat at 7:50 p.m. Leroux/vierling moved to direct staff to work with the Cable Communications Advisory Commission to put together the appropriate language to amend the resolution as discussed tonight. Motion carried with Cncl. Lebens abstaining because of her absence. Mayor Reinke asked if there was anyone present in the audience who wished to address the Council on any item not on the agenda, and there was no response. The City Engineer said the City has already completed the engineering work for the sewer project for the new Women's Correctional Facility. Cncl. Lebens asked if the residents along 5th Avenue are going to be assessed for utilities. The City Engineer replied that the Sewer Fund will be paying the cost, as there is no way to prove the benefit. Leroux/Lebens moved to authorize the appropriate City officials to execute an Agreement between the City of Shakopee, Shakopee Public Utitli ties and the State of Minnesota for the construction of sewer and water lines for the new Women's Correctional Facility in Shakopee. Roll Call: Ayes; Unanimous. Noes; None Motion carried. Mayor Reinke said he felt the City should be consistent in its dealings with liquor license violations. Discussion followed. Leroux/Wampach moved to direct the liquor license holder, Jackson C. Chilquist, to appear before the City Council for the purpose of receiving a warning that his beer license is in jeopardy and shall be suspended or revoked in the event of any future violations. Motion carried unanimously. Colligan/Wampach offered Resolution No. 2267, A Resolution to Receive From the State of Minnesota, Department of Public Safety, an Intoxilyzer 5000 Breath Test Instrument and Breath Alcohol Simulator on a Loan Basis, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Vierling/Wampach moved to authorize Shenehon & Associates to proceed, pending negotiation of appraisal fees, with the North South Collector Street appraisal which will serve the new Racetrack from Highway 101 to the Racetrack property south of 4th Avenue. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Colligan offered Resolution No. 2266, A Resolution Making Final Environ- mental Impact Statement Adequacy Determination For the Shakopee Racetrack Site Development Proposal. The City Admr. summarized the resolution. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Wampach moved to reconsider Resolution No. 2261. Motion carried unani- mously. Leroux/Wampach offered Resolution No. 2261, A Resolution Ordering the Prepara- tion of a Report on an Improvement on the Rehabilitation of Roadways in Eagle- wood Addition, and moved its adoption. Resolution No. 2261 failed with all opposed. Leroux/Wampach offered Resolution No. 2265, A Resolution Declaring Adequacy of Petition and Ordering Preparation of Report on the Rehabilitation of Roadways in Eaglewood Addition, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Shakopee City Council May 22, 1984 Pa ge 3 The City Admr. made some informational comments regarding progress with Minnesota Racetrack, Inc. Colligan/Wampach offered Resolution No. 2264, A Resolution Recwiving a Report and Calling a Hearing on Improvement of Valley Park Drive from TH101 to 12th Avenue and 12th Avenue from Valley Park Drive to CR83 by Roadway, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Wampach offered Ordinance No. 146 , An Ordinance Amending Section 5.07 of the Shakopee City Code, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Cncl. Leroux said that most of the Councilmembers will be at the League of Minnesota Cities convention in Duluth on June 13, 1984, which is the date of the public meeting regarding the Correctional Facility. The representative from the League of Women Voters said she would attempt to change the date, maybe to the following Wednesday. Consensus was if it couldn't be changed, to leave it as it is. The City Admr. asked Councilmembers to seriously consider possible candidates for a new chair of the MWCC, and to call him with any possible names. Considerable discussion ensued regarding the recommended policy change of not allowing any streets wider than 36 feet, unless collectors. Cncl. Lebens said she cannot see changing the width of existing streets and assessing the property owners. She said she would rather pay the difference in cost of having the wider street. If the street dept. thinks it should only plow each street 3 times, that is fine. She said many residences don't Have garages and have to park on the street. She feels that one of the reasons Shakopee is good looking is because of the wider streets. She added that if the streets are proposed to be changed in width, there should be a public hearing. She also mentioned the location of the Scott County garage, which tears up the street. She thinks they should either move the garage or pay for the street. The City Engineer responded that the City has communicated to the County that it doesn't like the garage in the middle of our residential area, and they should run a County road by it and take care of it, or move it. He added he didn't have any intention of initiating this street policy without a city-wide hearing. He just wanted a consensus of Council before setting a hearing. Before he would undertake a project such as this, he would have to know that the citizenry is behind us all and there is a large support for this proposal. The City Admr. emphasized the savings in dollars that would amount even in just reconstruction of a 36 foot vs. a 44 foot street. He pointed out that the pro- perty owner would not be assessed any more or less based on the width of the street. The savings is for the city over-all on ad valorum taxes. This needs to be presented to the people for their reaction. Discussion continued. Consensus was to not narrow existing streets. The City Engineer asked for a determination of who pays for additional width not required by functional class. Discussion followed. Leroux/Lebens moved that the City streets stay the width they are in the urban area of Shakopee, and that in the event of rehabilitation or reconstruction, the adjacent property owner would pay the normal percentage of assessment, regardless of width. The City Engineer asked if the Council would consider a narrow street if the property owners requested it. Consensus was not to 81low narrower streets be- cause of the lack of consistency it could create on one street. Motion carried unanimously. Leroux/Vierling moved to direct staff to bring back the Pavement Preservation Policy and Rehavilitation Policy as previously agreed upon by City Council, in resolution form. Motion carried unanimously. Leroux/Wampach moved for a five minute recess at 9;08 p.m. Motion carried unanimously. Lebens/Wampach moved to re-convene at 9:15 p.m. Motion carried unanimously. Shakopee City Council May 22, 1984 Page 4 r r The City Engineer said he is looking for some possible ways to make drainage work possible, especially for major drainageways, in terms of funding them. He explained the policy in Burnsville and Roseville. Discussion followed regarding relative rates of run-off, proving benefit and the pros and cons of assessing per average lot size or per square feet. Mayor Reinke said that 2/3 of the community has paid an assessment under a policy, and he didn't think we should change the policy to penalize those 2/3. The City Admr. suggested looking at the assessment pattern and get it down to an amount per lot, based on square feet, with the same policy to be applied to new development. Cncl. Leroux said it should be 100/ assessed for laterals and 50% for trunk. The City Engineer said the property should be responsible for what it is discharging, and anything over and above that another person's responsibility. Discussion continued regarding a monthly service charge instead of an assessment. The City Admr. said he picked up on 4-5 major concepts to work on and bring hack for further discussion. Cncl. Leroux asked if Shiely has expanded its mining activities. The City Attorney will research whether it can expand its mine face without a permit. Cncl. Leroux said he is concerned with reconstruction requirements, if a new permit is con- sidered. Colligan/Leroux moved to adjourn to May 24, 1984 at 6:30 P.M. Motion carried unanimously. Meeting adjourned at 10:00 p.m. Judith S. Cox City Clerk Diane S. Be uc h Recording Secm tary M E M O R A N D U M TO: John K. Anderson, City Administrator FROM: H. R. Spurrier, City Engineer RE: Improvement of 12th Avenue and Valley Park Drive DATE: June 1 , 1984 Introduction: City Council has previously received the report on the above captioned matter and called for a hearing to be held June 5 , 1984 at 9 : 15 p.m. , to determine whether the property is to be improved as proposed. Background: City Council should hold a hearing as specified in Resolution No. 2264 then presuming there is no reason why the improvement should not be made as proposed, Council should adopt Resolution No. 2271 , a Resolution Ordering the Improvement of Valley Park Drive from Trunk Highway 101 to 12th Avenue and 12th Avenue from Valley Park Drive to County Road 83 by Roadway . Action Requested: Adopt Resolution No. 2271 , A Resolution Ordering the Improvement of Valley Park Drive from Trunk Highway 101 to 12th Avenue and 12th Avenue from Valley Park Drive to County Road 83 by Roadway. HRS : cah Attachment RESOLUTION NO. 2271 A RESOLUTION ORDERING THE IMPROVMENT OF VALLEY PARK DRIVE FROM TRUNK HIGHWAY 101 TO 12TH AVENUE AND 12TH AVENUE FROM VALLEY PARK DRIVE TO COUNTY ROAD 83 BY ROADWAY WHEREAS , Resolution No. 2264 of the City Council adopted May 22 , 1984 , fixed a date for a Council hearing on the pro- posed improvement of Valley Park Drive from Trunk Highway 101 to 12th Avenue and 12th Avenue from Valley Park Drive to County Road 83 by Roadway; and WHEREAS , ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held thereon the 5th day of June , 1984 , at which all persons desiring to be heard were given an opportunity to be heard thereon; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . Such improvement is hereby ordered as proposed in Council Resolution No. 2264 adopted May 22 , 1984. 2 . Steven D. Harvey, Valley Engineering Co. , Inc. , is hereby designated as the engineer for the improvement . He shall prepare plans and specifications for making such improve- ment . 3 . The work on this project is hereby designated as part of the 1984-5 Public Improvements . Adopted in of the City Council of the City of Shakopee , Minnesota, held this day of 1984. Mn17rnr n t n ( i f-{7 The following subdivisions are new language which must be incorporated into the ordinance. They include: Subd. 7 . Roads and Parking Areas - regulates location in order to retard runoff of surface water. Subd. 8 . Elevation of Lowest Floor - regulates elevation of lowest floor (including basements ) to be placed at least 3 feet above the highest known water level . Subd. 9 . Sewage Treatment - Explicit standards for sewage treatment methods in accordance with MPCA regulations . Subd. 10 . Shoreland Alterations - Guidelines for the removal of natural vegetation, grading and filling and excavations . Subd. 11. Subdivisions - Review standards for platting in the Shoreland District. Recommendation: It is recommended that Sections 11. 02 , 11 . 21 and 11. 35 of the City Code be amended to include the provisions of a revised Shore- land Ordinance. The penalty for not revising the Shoreland ordin- ance to comply with the State law is that the DNR will assume the responsibility and all costs will be charged to the City. Action Requested: Motion to direct staff to prepare an ordinance to amend Sections 11. 02, 11. 21 and 11 . 35 of the City Code to include the recommended Shoreland management regulations . MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac, City Planner RE: Amendments to City Code to provide for Shoreland Management DATE: May 31, 1984 Introduction: At their May 10, 1984 meeting the Planning Commission approved a motion to recommend to City Council that Sections 11. 02 , 11. 21 and 11. 35 of the City Code be amended to include the provisions of a revised Shoreland Ordinance. (See Attachment ) Background: In March the City received notification from the Department of Natural Resources that the existing zoning controls regarding Shoreland Management were not in compliance with the State Municipal Shoreland Act. In order to comply, three sections of the zoning chapter must be amended: I . Section 11. 02 Definitions A. Boathouse E. Subdivision B. Hardship F. Shoreland Substandard Use C. Protected Waters G. Shoreland D. Shoreland Setback II . Section 11. 21 Designation of the following protected waters on the Zoning Map. A. Rice Lake E. Minnesota River B. Fischer Lake F. Eagle Creek C. Blue Lake G. Shakopee Mill Pond Creek D. Unnamed ( ID#70-80 ) (Rice & Dean Lakes already designated) III . Section 11. 35 Shoreland Zoning District This section will maintain the previously designated permitted, conditional and permitted accessory uses for the Shoreland District. The nine protected waters are categorized into one of the following classifications : Natural environment, recreational development and general development. The Lot area, height, lot width and yard requirements will correspond to the three classifications . The Addition- al requirements for this section are 1) the maximum lot area covered by imprevious surface M and 2 ) Sewage System setback from ordinary high water mark. MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac, City Planner RE: Recommendation for warrant of a stop sign DATE: May 30, 1984 Background: At their April 5, 1984 meeting the Planning Commission approved Conditional Use Permit No. 361 which allows Shakopee OK Hardware to construct a fence with attached roof for secure storage. One of the conditions of the approval was that the applicant install a stop sign at the exit of the Shopping Center leading to Minnesota Street to recognize the safety hazard. Following the Planning Commission action, the City Engineer advised me that according to the Manual on Uniform Traffic Control Devices, only City Council can warrant a stop sign providing one of the following conditions exist: 1 ) Intersection of a less important road with a main road where application of the normal right-of-way rule is unduly hazardous . 2 ) Street entering a through highway or street. 3 ) Unsignalized intersection in a signalized area. 4 ) Other intersections where a combination of high speed, restricted view, and serious accident record indicate a need for control by the stop sign. Further, a survey of area planners indicated that it is the responsibility of the City Engineer to recommend requiring a stop sign on either private or public property. Recommendation: On April 26 , 1984 the Planning Commission removed the subject condition from the Conditional Use Permit, however the Planning Commission approved a motion to recommend to the City Council that a study be undertaken to determine whether a stop sign is warranted at Minnesota Street and the Red Owl Shopping Center. MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac, City Planner RE: Planning Commission Policy on Required Yards & Open Space DATE: May 30, 1984 Background: At their May 10 , 1984 meeting the Planning Commission discussed the following code provisions found in Section 11 . 03 , Subd. 7 . E. Lots which abut on more than one street shall provide the required front yards along every street except for lots platted prior to April 1, 1978 , which shall provide a minimum of 30 feet from any street surface when the lot size does not make it practicable to provide more. F. Where adjoining structures existing on the effective date of this Chapter have a different setback from that required, the front setback of a new structure shall conform to the average prevailing setback in the immediate vicinity. The City Administrator shall determine the necessary front yard setback in such cases . Staff had sought a recommendation from the Planning Commission to interpret the provision to mean that first the applicant should try to meet the existing setback requirements in a zoning district and if that can' t be done, then the 30 feet minimum and average pre- vailing setback language would apply. Recommendation: The Planning Commission has recommended that the staff look at each permit application seperately to determine the most adequate setbacks . In reference to past cases where staff had made errors in determining the average prevailing setback, the Planning Commission expressed empathy for occasional mistakes and reinforced a loose interpretation of Section 11. 03 , Subd. 7 , E and F. l� MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac, City Planner RE: Evaluation of Shakopee City Street System DATE: May 29, 1984 Background: At the May 24, 1984 meeting of the Planning Commission, Mr. Ken Anderson of Westwood Planning and Engineering Company made a presentationon the City Street Traffic Evaluation. Following discussion of the evaluation the Planning Commission approved two recommendations to the City Council . Recommendations: 1. The Planning Commission concurs with the proposed recommendations of the evaluation. 2 . The Comprehensive Plan (Transportation Section ) should be amended to reflect the revisions as recommended in the City Street evaluation. MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac, City Planner RE: New City Hall Site Selection Committee DATE: May 29 , 1984 On May 15 , 1984 the Council approved appointment of a site selection committee for a new city hall . The committee will consist of three Council members and two Planning Commission members . At the May 24 , 1984 meeting of the Planning Commission, Dave Rockne and Dave Czaja volunteered to serve on the committee. MEMO TO: John K. Anderson, City Administrator FROM: Barry Stock, Adm. Aide/Transit Coordinator RE: MnDOT Service Contract for "Opt-Out" DATE: June 1, 1984 Introduction: The opt-out application has now been approved by MnDOT and the Metropolitan Council. The next step in the process is to enter into a service contract with MnDOT that provides for the distribution of funds to Shakopee. At its May 31, 1984 meeting, the Energy and Transportation Committee reviewed the attached service contract and has recommended that City Council take the necessary action to enter into the aforemen- tioned contract. Background: In accordance with state guidelines governing the Metro- politan Transit Service Transit Demonstration Program (Opt-Out) , the City of Shakopee must enter into a service contract with MnDOT in order to receive funding for Shakopee ' s transit system. The intent of the contract is to give MnDOT the authority to review Shakopee ' s implementation of its ' transit system and to provide financing to Shakopee as needed to supply transit service. Briefly, the service contract with MnDOT sets up the means of operation for the provision of transit service in Shakopee. An integral part of the service contract is the Management Plan. The Management Plan specifically addresses the operational com- ponents of the proposed system, including cost assumptions as portrayed in the accompanying budget. The City' s responsibilities in administering and implementing the opt-out project are also addressed in the Management Plan. Request for funding forms and regulatory references and documents appear as exhibits to the service contract. MnDOT officials, City Staff and the Energy and Transportation Committee have reviewed the attached service contract and believe everything is in order for its final approval. Resolution No. 2269 authorizes the City of Shakopee to enter into a service contract with MnDOT for the provision of transit service in Shakopee. Alternatives: 1. Approve service contract as submitted. 2. Make any necessary amendments to the service contract and recommend approval. r 3 . Direct staff to make major revisions to the service contract and resubmit the contract to Council at a later date. 4 . Take no-action. Recommendation: Staff recommends alternative No. 1 . Action Requested: Move to adopt Resolution No. 2259 authorizing the appropriate officials to enter into a service contract with MnDOT for the pro- vision of transit service in Shakopee. RESOLUTION NO. 2269 A RESOLUTION AUTHORIZING THE CITY OF SHAKOPEE TO ENTER INTO A SERVICE CONTRACT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION TO PROVIDE PUBLIC TRANSPORTATION SERVICE IN SHAKOPEE Resolved that the City of Shakopee, MN enter into Contract #62212 with the State of Minnesota, Department of Transportation, to provide a public transportation service in Shakopee. Further resolved that the City of Shakopee, MN agrees to provide -0- percent of the total deficit of the transit project from local funds. Further resolved that authorization to execute the afore- mentioned Contract and any amendments thereto is hereby given to the City Administrator, City Clerk and the Mayor. Further resolved that the City Administrator or the Mayor is hereby authorized to execute request for reimbursement from the Minnesota Department of Transportation. Adopted in session of the City Council of the ,City of Shakopee, Minnesota held this day of 1984 . Mayor of the City of Shakopee ATTEST: City' Clerk Apnroved as to form this 1 CONTRACT NUMBER 62212 fi PUBLIC TRANSIT ASSISTANCE, CONTRACT This Contract is made by and between the State of Minnesota, acting by and through the State Department of Transportation (hereinafter referred to as "Mn/DOT") and City of Shakopee (hereinafter referred to as "Recipient") . _ WITNESSETH THAT: WHEREAS, Minnesota Stat. Chap. 174 created a public transit assistance and transportation management program to provide financial assistance to supplement local effort in financing public transit systems in order to preserve and develop public transit and a balanced transportation system in the state; and WHEREAS, the Recipient is eligible to receive public transit assistance funds ; NOW, THEREFORE, in consideration of the mutual covenants and agreements as hereinafter set forth, the parties to this Contract mutually agree as follows: I. Financial Participation A. Payment by Mn/DOT Mn/DOT agrees to pay the Recipient the sum of $ 89 , 938 . 00 or 100% percent of the total operating deficit , whichever is less. Total operating deficit is defined as the amount by which the total approved operating expenses incurred in the operation of the public transit system exceed the amount of revenues derived therefrom. In addition, Mn/DOT agrees to pay the Recipient the sum of $ -0- or -0- _ percent of the cost of eligible capital equipment, whichever is less. Financial participation in the operating deficit of the public transit system will be no more than the following dollar amounts or percentages of the total operating deficit, whichever is less. 10/82 U " C State (Mn/DOT) Amount $ 89, 938 . 00 Percent 100% Financial participation in the cost of capital equipment will be no more than the following dollar amounts or percentages of the cost of eligible capital equipment , whichever is less : State (Mn/DOT) Amount $ -0 Percent -0- B. Responsibility of Recipient The Recipient agrees to provide, from other sources, all additional funds necessary for full payment of the total operating deficit and capital equipment. C. Disbursements 1. Payment of the state operating portion, $ (� , will be made as follows : 50% in the first month of operation after the commencement of the term of this contract, 40% in the seventh month of operation; and 9% in the twelfth month of operation and 1% withheld subject to the final audit, which will determine an approved operating deficit for the period of this contract. Payments are subject to the availability of funds. 2. Payment of state and federal participation funds for the purchase of capital equipment will be made based on Recipients submission of invoice from vendor. -2- 10/82 U 3. If 100% percent of the final approved operating deficit is determined by Mn/DOT to be less than $ 89, 938 . 00 , Mn/DOT will reduce the final payment to comply with the provisions of this contract. If it is determined that Mn/DOT has overpaid the Recipient, the Recipient will refund to Mn/DOT that amount sufficient to comply with the provision of this contract. 4. If it is determined, as a result of final audit , that Mn/DOT has overpaid Recipient on any previous contract, Mn/DOT may reduce payments under this contract by that amount overpaid, upon notification of Recipient. II. Management of Transit Service A. Management Plan The Recipient agrees to fully carry out the provisions of the current Management Plan as approved by the Office of Transit. This Management Plan is made a part of this contract and attached as Exhibit 2. The Recipient agrees to oversee and operate the project in accordance with the Management Plan and any revisions thereof. The parties agree that the Management Plan, including the budget thereof, can be amended only with the written approval of the Mn/DOT Grant Administrator. Any modification of the Management Plan by the Recipient without prior 1ti/DOT approval shall be grounds for termination by Mn/DOT of continued funding;. B. Subcontracting; by Recipient Mn/DOT shall review and approve all contracts between the Recipient and third parties prior to the execution of any such contract for services to be performed or goods to be provided pursuant to the current approved Management Plan and retains the right to disapprove any such third party contracts. All third party contracts, when approved by Mn/DOT, will become an element of the -3- 10/82 U current approved Manag;emcnt Plan and subject to the pro%isions of Section II. A. of this contract. C. Independent Contractor Under the terms of this contract, Recipient is an independent contractor and has and retains full control and supervision of the services and full control over the employment and direct compensation and discharge of all persons assisting in the performance of its services hereunder. Recipient agrees to be solely responsible for all matters relating to payment of employees, including compliance with social security, all payroll taxes and withholdings, unemployment compensation, and all other regulations governing such matters. Recipient agrees to be responsible for its own acts and those of its subordinates, employees and any and all subcontractors during the life of this contract. III. Records and Documentation A. Records Recipient agrees to maintain all accounting and operating records required by Mn/DOT relative to this contract and its Management Plan. Recipient also agrees to require any and n11 subcontractors z:s a writ-teii condition of said Recipient 's contract with such subcontractors to likewise maintain the same accounting and operating records required of Recipient, and to make said records available to Mn/DOT upon reasonable notice during the term of this contract and for five years thereafter. Said records will serve to determine the total deficit and Mn/DOT participation as specified in I. 'A. B. Aud its As required by Mi.nn. Stat. 16.095 the records, books, documents and accounting procedures and practices of the Recipient and of any subcontractor relating, to this prog;r,:m and to this contract shall be subject to audit and ex,imination by Mn/DOT and the legislative auditor or state auditor 1t any time during working hour. 10/62 U �. Reports The Recipient agrees to provide tin/DOT with a report at the end of each month of operation summarizing its activities during the period. Said report shall be submitted no later than 20 days after the end of the preceding month , on forma attached as Exhibit I . D. Allowability of all expenses charged to Mn/DOT, relating to this contract, shall be in accordance with the Code of Federal Regulations 41 CFR Part 1-15 for all Recipients who are not Private Non-Profit Organizations. Private Non-Profit Recipients 1,,ill comply with the Federal Office of Management and Budget Circular A-122. E. Surveys Surveys may be required by tin/DOT for the purpose of project evaluation; if so, the Recipient agrees to survey the patrons of the transit project at the times specified by Mn/DOT. The survey format to be used shall be administered by the Recipient in a manner acceptable to tin/DOT and the results of the surveys required under this contract shall be provided to tin/DOT. IV. Contract Period A. Effective Period The contract shall be in effect from July 1, 1984 through Dec. 31 , 1984 B. Termination of this Contract ?iii MTF i:my witlifiold I)LymenL or terminate this contract at any tine if the Recipient does, not comply with the provisions of this contract or if the purpose. of Minn. Slut. (sham. 174 is not being accomp3ished thereunder. If Mn/1)0'r termAnnt:e, this contract [L re,ervos the. right to take such .action as it deems necesr:ary and appropriate Lo protect the interests of the state. Such action nay include rcfu,in; co ri.ike any additional disbursement of funds and rt,.quiring Lhc return of all or hart- of any funds that have already been dishursed to the extent that the Mn/DOT share of the final approved operating; deficit is not exceeded. Pin/DOT may terminate this contract or reduce the amount of financial participation shown in Section I herein if funding; becomes unavailable. C. Disposition of Capital Equipment As long as any value remains Mn/DOT shall retain control over the disposition of any capital assets whose cost it participated in under the terms of this or any previous contract. Recipient agrees to comply with the following; ?in/DOT requirements if any such asset is disposed of at any time hereafter: (1) Transfer title of capital equipment purchased totally or in part with Mn/DOT transit grant funds to such other parties as P1n/DOT may designate, according; to the terms set forth below; or (2) Sell said capital equipment on public sealed bids, according to the terms set forth below; or (3) Purchase Q/DOT's interest in said capital equipment, according to the terms set forth below. If said capital equipment is required to be transferred to another party, Recipient will receive from Mn/DOT at least that percentage of the present depreciated sale value of the equipment said Recipient contributed to the original cost of the equipment when :it was purchased. Depreciation shall be calculated on the basis of a schedule acceptable to ?.n/DOT. If said equipmonL is sold on bids, the parties agree that Recipient may retain the same percentage of the net peice realized from the sale as said Recipient: contributed to the orig;i"al cost of the equi.pbwut c;hon it was purchnscd. The remainder of the price rua l ivied will he paid over to Mn/DCT. Pin/DOT reserves the right Lo request additional bids on capital equipment should it feel this: action is necessary to establish the value of the equipment or to reject all such hidw if it W l:: all. bids 4ubm.itted arc unaccaptahly lower than the fair r irhw r w 10/32 U price of the equipment. If Recipient purchases Mn/DOT's interest in said equipment Recipient agrees to pay to tin/DOT the same percentage of the present depreciated sale value of the equipment as Mn/DOT, through the grant funds, contributed to the original cost of the equipment when it was purchased. Depreciation shall be calculated on the basis of a schedule acceptable to Mn/DOT. V. General Provisions A. Recipient agrees that Paragraphs B, C, D, E, I, J and K of this section, below,, shall be included in their entirety in any subcontracts executed between itself and any third parties for goods and services provided for in this contract requiring that such contractors make the same undertaking as therein required of Recipients. B. Equal Employment Opportunity In connection with the execution of this contract, the Recipient agrees that it shall not discriminate against any employee or applicant for employment because of race, color, sex, or national origin. Recipient will take affirmative actions to insure that applicants are employed, and that employ,,.es are treated during; employment, without regard to race, color, sex, or national. origin. Such actions shall include, but not be .limited to, the following: employment , upgradin , demotion or transfer. ; recruitment or recruitment advertising; layoff or termination ; rates of pay or other forms of compensation; and selections for trainiufi, including; apprenticeship. C. Service, Services perforn,e(i by t!ie Recipient, under this contract shall be performed in a diligeoL and coc^pcC(!nt manner and their porformance shall be subject to review "Incl inspoct.iun by Mi/DOT lhroug;h its dusignated agents at all reasonrihlc times. 7_ 10/82 U Dti, Insurance The Recipient , and its subcontractor agree to Provide liability insurance in the amounts of at least $600,000.00 per claim for injury, death or property damage by wrongful act or omission, and $600,000.00 for any number of claims arising out of a single occurrence. Insurance coverage shall. be provided to protect the Recipient and din/DOT from any loss arising out of the furnishing of the service. Recipient agrees to furnish all appropriate certificates of insurance, and to carry higher limits of insurance if required by Mn/DOT- E. Indemnity Recipient agrees to indenuiify and hold harmless Mn/DOT from and against all claims or demands of every nature on account of injury to or death of persons or damage to or loss of property, caused by or resulting in any manner from any acts or omissions of the Recipient, its subcontractors or its agents or employees, in performing or failing to perform any of the service, duties or operations to be performed by the Recipient and its subcontractor under this contract . It is hereby understood and agreed that any and all employees of the Recipient and all othcc persons employed by the Recipient in the performance of any of the services required or provided for under this contract shall not be consideree employees of Lhe State and that any and all cl.aicas that may arise under the Worker 's Compensation Act of the State of Minnesota on behalf of said empinyens while so engaged and "uy and all claims by any third parties as a consequoncc of any clot or omission on the part of said Recipient 's employees Vile so engaged in any of the :services to he rendered under this contract by the Recipient shall in no ung be the obligation or responsibility of the state. F. Limitations The Recipient shall not bu required to furnish the service required under this contract or any portion lhereof in the event of its inability to do so •.R— 9+o Rra e^e•• by virtue of a concerted refusal of its employees to work or any strike of any kind or character of its or other employees, including a so-called wild-cat strike or slowdown or stoppage any riot, civil strife or disturbance, closing of streets, roads or bridges, inclement weather, destruction by any means or methods of any of its property necessary for the performance thereof, flood, fire, act of God or any other cause beyond its control. G. Public Utilities Commission Under circumstances and conditions where regulations apply, the furnishin; of all service and the charges to be made to passengers in connection therewith are expressly subject to the approval, certification and licensing of the Public Utilities Commission or its successor and any other governmental body or authority having legal jurisdiction over any of such matters. 11. Minority Business Enterprise The Recipient, in connection with the execution of this contract, agrees to abide by the statem^nts and conditions of Exhibit 3 attached hereto and hereby incorporated into this contract. I. Title VI-Civil Rights Act of 1964 The Recipient, in connection with the execution of this contract, assures compliance with the statements and conditions of Exhibit- 4 attached hereto and hereby incorporated into this contract. J. Charter O per;.tors Protection Clause The Recipient in connection vALh tha execution of this contract, assures compliance with the statements and Conditions of Exhibit 5 attached hereto and Hereby incorpornicd into this contract. K. Non•-l?ci i ver The failure of. 1In/DOT cit any t :ime to insist upon a strict perfolmince of any oC the terms, conditions and covenants herein shall not be deemed a waiver of ,any ;ubr;equent brench or do [aul.t in the terir.., conditions and covenants her(An contained• -9- 10/82 U STATE OF MINNESOTA RECIPIENT DEPARTMENT OF TRANSPORTATION For By By Title Title Date By APPROVED Title COMMISSIONER OF ADMINISTRATION Date By Date APPROVED AS TO FOR1,1 AND EXECUTION Special Assistant Attorney General Date ENCUMBERED CO2MISSIONER OF FINANCE Ey Date APPROVED BY : U.S. DEPARTPfENT OF TRANSPORTATION By Title P n/OOT IP•70210.02(1/80) ' OFFICE OF TRANSIT AEMINISTRATION TR INSIT AID PROGR,*1 RF4.JEST FOR FLUS cF Grant Recipient: Agency Address Phone Contract Number Type of Request: 0 Regular For the Month of 0 Special 0 Final OPERATING GAP ITAL Expenses Expenses Revenues Revenues Balance (Deficit) Balance (Deficit) Signature of Authorized Recipient Official Date Grantee not to complete items below (7or Eepartment use only) Mn/DOT Share: Capital Operating Total This request is approved in the amount of Signature of Grant Administrator 1 EMIBIT No. 1 TOTAL TO DATE CURRENT FOR REVS(UE.S MONTFI THIS CONTRACT Passen er Fares 14!+�� 9 Contract Revenues L1472 School s Revenues 1 74 Charter Revenues 1476 auxilis Revenues 14Y8 )ther Financial Assistance s eci y 149U 14 'ederal Operating Grants (specifyp 14911 TOTAL REVEENUES 15U5 ;'APITAL E;XPENI SES 1 1 Vehicle a 16�it I.ift, Ramp, etc. Radi o E(nliwent Fare Box luUo Other Capital Expenses specify 1010 1 TCTA.L C.APPM. F-V�21SES ,evenue for Capital Equipment y Fed eral Ca ital Grants (specify) ^ 1.617 Other Financial Assistance s ecify Y )PEiZAi3TA-77STTS ,otal. I�tanber of Passen ers 1830 )i t i.s Totai , :,ow L'Ilany t assengers Were: 777717--i u7U , Handica oed 1860 4 Children 1870 . Free Rides 1-880 ' Dial-A-Fide b 1 890 a.l! 'Jot-d c le !-:,)Urs �+ 1 5 enu�� Vehicle Flours �?hO 77=77 . ent7e 7171,77 aClITITIU0 `?chicle (`files i tow .3 ,'i-.nw-r ox iai-A L e Vehicle rips 1 3U l ';I LI, vr of Times I.i f t or Ramp Was iiscd bintenance Sul nary Vehicle Number 1 a 7 0 liles Driven s uel Used gal. ) s� )i1 Used t t. 'arts Cost ' ,abor Cost Use the back of this page to give the specifics of items . listed as "Other Charges" and for other c,)mmenl:s. Exhibit No. 1 Cont. MN-rill, OPERATIONS REPORT , 'ROJECT MONTH DERATING EXPENSES TOTAL TO DATE rsonnelServices CURRENT FOR`IONTH THIS CONTRA( ministrative. Manaloement and Supervisory Salaries 1010 �- 2rators ' adages 4 1020 — intenance and Repair Ganes t 1030 her Wages Direct Labor) 5 31035 .her Gages (Indirect Labor Charges) 1045 inge Benefits 1055 TOTAL ministrative Charges nagement Fees _ 1085 riffs and Traffic Expenses 1088 vertising, Marketine and Promotional 11090 al and Auditing & Other Prof. Fees 1100 curity Costs 1105 fice Supplies - 1110 ases and Rentals (admin. -cilities) (;pec i;: 1120 ilities 1130 _ her Direct Administrative Charoe.s (specify) 11135 ier Indirect admin. Charces 1140 TO TA 1. licle Charges .l and Lubricants _ 11170 intenance and Repair :Material (Vehicles) 1180 _ ntract Service ,Maintenance Labor -1183 res _ $ 1190 .ier Vehicle Charges (snecify) 11195 — TOTA1. { gyrations Charges chase of Service 11230 reciation _ 11238 ! -eage Reimbursement (for Passenger_Service Only) 1240 air and 'Maintenance of Other ProDeerty _ 1243 ses and Rentals (Garares , Vehicles, otc. ) (specify) 11246 ier Operations Charges (specify) #1248 TOTAL urance Chare,es )lic Liability and Property• Damace on Vehicles ; 1280 :lic Liabilitv & Property Damage_-Other "Chan V3 hic.les 1310 TOTAL _ — — ---— -- xes and Fees icles Registration and Permit Fees _ _ 1350 eral Fuel and Lubricant Taxes _ 1360 to Fuel and Lubricant Taxes —11370 _ ier Taxes and Fees (specifv) _ 1380 TOTAL C TOTAL OPER�ITING EXPENSES1426 Rxhibit No. 1 Cont. Contract No . 62212 AGSM NT TUR I . The organizational structure of the City of Shakopee is typical of that of most Minnesota Municipalities . The elected Mayor and City Council appoints a City Administrator to administer municipal affairs and the City Administrator appoints suitable personnel to operate City functions and facilities . Specifically , the City Planner has been appointed to oversee transit system operations . Since the program is of a "package" contractual nature , day-to-day management of detail will be a function of the sub-contractor/contractors . In December 1983 , the City of Shakopee submitted an application to the Minnesota Department of Transportation (Mn/DOT ) requesting funding under the Metropolitan Transit Service Demonstration Program. This program, more commonly known as "Opt-Out" , was established by the 1981 legislature under Minn . , Stat: 174 .265. It provides financial assistance for projects designed to test the efficiency and the effectiveness of alternative methods of providing public transit service for communities that are within the Metropolitan transit taxing district but are not adequately served by existing regular route transit . Exhibit No. 2 to Contract No . 62212 2 The Metropolitan Council and Commissioner of Transportation have approved the City of Shakopee ' s "Opt-Out" application providing the following conditions be met , prior to implementation of the demonstration : a . Preparation of an evaluation program. b . Revision of operational and cost assumptions to reflect an eighteen month demonstration period rather than the initial twelve months applied for . QRGANTZATTOP�� STRUCTURE MAYOR/QITY COUELL ------ENERGY AND TRANS- P 0 R T A T I 0 N COMMISSION TTY ADhiIIJTSTRATQ.B �1;Y_.P1t8.��II S,�iB-CONTRACTOR/CONTRACTORS The City of Shakopee has authorized the Mayor and the City Admin- istrator to execute the Contract , Amendments and Requests for Reimbursement from Mn/DOT . The contract between the City of Shakopee and Mn/DOT will be on a calendar year basis . The contract between the City and the sub-contractor/contractors will be for approximately a nineteen month period for the purpose of reimbursing for assistance in Exhibit No . 2 to Contract No . 62212 3 additional planning , marketing and etc . , prior to the startup date of operations which will be September 17 , 1984 . Reimbursement to the sub-contractor/contractors by the City of Shakopee will be contingent on the availability of funds from Mn/DOT . The Demonstration Program Application which reflects revisions of operational and cost assumptions is attached as Attachment No . 1 , and hereby becomes part of this Management Plan which is Exhibit No . 2 of Contract No . 62212 between the City of Shakopee and Mn/DOT. It is understood by all parties that where applicable , actual timesheets will be kept for administrative expenses either on the Mn/DOT form, or on a form submitted to and approved by Mn/DOT. All statistics related to the Dial-A-Ride and the Van-Pool will be segregated for the purpose of evaluation . Tice c„ou,hiy reports will be submitted to the City of Shakopee on separate Mn/DOT Request for Funds Forms , Exhibit No . 1 to Contract No . 62212 . II . �ala of Pro iect Included in the Demonstration Program Application . III . Lgycls of Service Included in the Demonstration Program Application . Exhibit No . 2 to Contract No . 62212 4 IV. Fares Included in the Demonstration Program Application. V. coordination with Exi Lina Tran,it and Para-Transit Operations Included in the Demonstration Program Application . VI . Expense contracts The vehicles specified in the Demonstration Application will be leased . These will be closed end leases ( lease payments will not be credited to purchase) , copies of which will be submitted to the City of Shakopee and Mn/DOT for approval prior to execution . The financial obligation of the City of Shakopee and of Mn/DOT will be contingent on the "Opt-Out" existence and/or continuation and the availability of ongoing funding designated for stated purpose . If the City of Shakopee and Mn/DOT determine that the utilization of the vehicle/ vehicles is to infrequent to justify the expenditure , funding may be discontinued for this portion of the system. The Dial-A-Ride Service will be bid which may include vehicles. The Van-Pool Service may be negotiated or bid whichever is determined by the City and Mn/DOT to be the most efficient and cost effective . Exhibit No . 2 to Contract No. 62212 5 Nevenue ons ar _cts NIA at this time . IM1)cavemen Included in Demonstration Program Application . prix r Se Included in Demonstration Program Application . Liab ' 1�-`_t_y_ Insurance The City of Shakopee will be required to furnish proof to Mn/DOT that liability insurance in the amount of at least $600 , 000 .00 per claim for injury , death or property damage by wrongful act or omission , and at least $600 ,000 .00 for any number of claims arising out of single occurrence . bArkc t.1 n-& Included in Demonstration Program Application . j�oni torinu The project will be monitored by local and state reprsentatives on an ongoing basis . The actual data including but not limited to total cost , revenue , deficit , passengers , miles , hours and on time performance will be compared to actual projections . Exhibit No. 2 to Contract No . 62212 6 The Dial-A-Ride and the Van-Pool Services will be monitored separately . evaluation• The period through December 31 , 1984 will be considered start-up expenditures . This period will be monitored in accordance with XIl of this plan . This will allow a period for "fine tuning" if necessary . The period January 1 , 1985 through December 31 , 1985 , will be used for the purpose of evaluation . All data through December 31 , 1985 must be submitted to Mn/DOT no later than January 20 , 1986 . The Mn/DOT evaluation section should be able to complete their report by February 20 , 1986 . The Dial-A- Ride and the Van-Pool services will be evaluated separately . The Performance Evaluation Process requires the following basic data : a . Total operating costs b . Total operating revenue C . Total government subsidy (Federal , State , Local ) d . Total vehicle miles e . Total vehicle hours f. Total passengers g. Total system vehicles (operating plus any additional) Exhibit No . 2 to Contract No . 62212 7 h. Total system employees ( full time equivalents) i . Service area population This data is assigned to the following performance measures : CQ31 fficiencv a . Vehicle hours per employee ( labor efficiency) b . Vehicle miles per vehicle ( vehicle efficiency) C . Operating costs per mile ( service unit cost in terms of output ) . Service Ef ss d . Passengers per mile ( utilization of service ) e . Vehicle hours per capita ( social effectiveness ) f. Revenue to subsidy ( amount of public assistance received to service ) V . Dia - -Ride In the Demonstration Application it is anticipated , by dedicating a sufficient sum of money to education and marketing efforts that ridership on the new system will be approximately 25 ,816 for a twelve month period . All parties do hereby agree that a minimum of 90� of the projected ridership must be accomplished for the period January 1 , 1985 through December 31 , 1985 . Total costs , deficit and etc . , to reflect accordingly . The Performance Evaluation Process using actual versus projected data in accordance with XIII of this plan , will be the primary determining factor Exhibit No . 2 to Contract No . 62212 8 as a whether or not the Dial-A-Ride Demonstration should be funded beyond March of 1986 . : . Van-Pohl Co m ter In the Demonstration Application the projected ridership is 26 ,822 for a twelve month period . The Van-Pool must attain a minimum of 90% of this projection for the calendar year 1985 . Total costs , deficit , and etc . , to reflect accordingly . The Performance Evaluation Process using actual versus projected data in accordance with XIII this plan , will be the primary determining factor as to whether or not the Van-Pool Service should be funded beyond March of 1986 . Exhibit No. 2 to Contract No. 62212 Contract No. 62.212 Contract Period: July 1, 1984 to December 31 , 1984 BUDGET Anticipated Statistics OPERATING EXPENSES for New Contract Period Dial-a-Ride Van Pool Total PERSONNEL SERVTCF.S V 1010 Administrative, Management & Supervisory Services $ 3,000 $ 1,500 __ $ 4,500 1020 Operator 's Wages - _ - - 1030 Maintenance & Repair Wages - - - 1035 Other Wages (Direct Labor) $ - - - 1040 Other Wages (Indirect labor Charges) - - - 1050 Fringe Benefits 600 300 900 TOTAL $ 3,600 $ 1,800 $ 5,400 ADMINISTRATIVE CHARGES 1085 Management Fees $ 5,000 $ - $ 5,000 1088 Tariffs & Traffic Expenses 750 - 750 1090 Advertising, Marketing & - Promotional Charges 4,000 _ 1,500 5,500 1100 Legal, Auditing & Other Professional Fees 2,500 1,.500 4,000 17.05 Security Costs - _ _ 1110 Office Supplies 500 250 750 1120 Leases & Rentals (Administrative Facilities) 500 1,000 1,500 1130 Utilities - _ _ 1135 Other Direct Administrative Charges 40Q 300 700 1140 Other Indirect Administrative Charges _ 300 2,000 2,300 TOTAL $13,950 $ 6,550 $ 20,500 VEHICLE CHARGES 1170 Fuel & Lubricants - $ 3,500 $ 3,500 1180 Maintenance & Repair Material (Vehicles) - 550 550 1185 Contract Service Maintenance Labor - 1,100 1,100 1190 Tires - 400 400 1195 Other Vehicle Charges - - - TOTAL - $ 5,550 $ 5,550 _OPERATIONS CHARGES $60,000 $ - $ 60,000 1230 Purchase of Service 1238 Depreciation 1240 Mileage Reimbursement for Passenger - - - Service 1243 Repair & Maintenance of Other Property - 1246 Leases & Rentals (garages, vehicles, etc.) - _ 13�000 13,000 1248 Other Operations Charges - _ - - TOTAI. $60,000 $13,000 $ 73,000 BUDGET--continued Anticipated Statistics INSURANCE. CHARGES for New Contract Period 1280 Public Liability & Property Damage Dial-a-Ride Van Pool Total on Vehicles $ - S 4,500 $ 4,500 1310 Public Liability & Property Damage - Other than on Vehicles - 500 500 TOTAL - $ 5,000 $ 5,000 TAXES AND FEES $ - $ 600 $ 600 1 350 Vehicle Registration & Permit Fees _ 1360 Federal Fuel & Lubricant Taxes - 600 600 1370 State Fuel & Lubricant Taxes - 100-0— 1,000 1380 Other Taxes & Fees - _ - TOTAL - $ 2,200 $ 2,200 1426 TOTAL OPERATING EXPENSES $ 77,550 $ 34,100 $111,650 OPERATING REVENUES 1440 Passenger Fares 10.391 $ 11.3 — $ 21,712 1472 Contract Revenues 1474 School Bus Revenues 1476 Charter Revenues 1478 Auxiliary Revenues _ 1490 Other Financial Assistance - - - 1492 Federal Operating Grants - - - 1505 TOTAL REVENUES $ 10,391 $ 11,321 $ 21,712 CAPITAL EXPENSES 1600 Vehicle $ - $ - $ - 1602 Lift, Ramp, etc. - - - 1604 Radio Equipment - 1606 Farebox - _ - - 1610 Other Capital Expenses - - - 1585 TOTAL CAPITAL EXPENSES $ - $ - $ - 1617 FEDERAL CAPITAL GRANTS $ - $ - $ - 1619 OTHER FINANCIAL ASSISTANCE $ - $ - $ - OPERATING STATISTICS The purpose of this form is to describe the anticipated operational characteristics of the participating transit system. Anticipated Statistics PASSENGERS for New Contract Period 1830 TOTAL NUMBER OF PASSENGERS Dial-a-Ride Van Pool Total of this total, how many passengers will be: 9,036 9.388 18,424 1 850 Elderly - - - .1860 Handicapped - - - 1870 Children _ 1 880 Free Ride - 1890 Dial-A-Ride _ �36 $� 18,424 HOURS 1955 TOTAL VEHICLE HOURS 2,239 1,778 4,017 1960 TOTAL, REVENUE HOURS - of this total, how many hours will be: 2,134 11778 3,912 Regular Route - - - Demand Responsive - - - Route Deviation - _ -Subscription - - - Charter - - - Contract - - - Shared Ride Taxi - Van Pool Volunteer Drivers - MILES 1995 TOTAL VEHICLE MILES 31,625 34,734 66,359 2000 TOTAL REVENUE MILES of this total , how many miles will be: 31j625 32,004 63,629 Regular Route Demand Responsive 31,625_ - 31,62` Route Deviation - - Subscription _ - - Charter Contract - Shared Ride Taxi - _ - Van Pool _. 32,IlQQ_ 32,004 Volunteer Drivers - - BUDGET SUMMARY SHCET Dial-a-Ride Van Pool Total I. Capital Expense TOTAL (From Line 1585) $ - $ - $ - II. Operational Expense and Deficit A. Operational Expense (Line No. 1426) $ 77,550 — $ 34,100 $111,650 from Operating Expense Sheet B. Less Anticipated Revenue (Line No. 1505) $ 10,391 $ 11,321 $ 21,712 from Operating Revenue Sheet TOTAL OPERATIONAL DEFICIT $ 67,159 $ 22,779 $ 89,938 rt (To be completed by Mn/DOT) III. Funding Provided by Applicant A. Y of. Capital (must be in cash) B. Y of Total Operating Cost (cash) TOTAL P r IV. Funding from Section 18 Federal Grant A. % of Capital B. % of Operational Deficit TOTAL V. Funding from Mn/DOT A. % of Capital B. $ Total Operating Cost Less Fixed Local* Share Amotult '& Federal Operating $'s TOTAL Exhibit Number 3 Participation Dy :Minority Business Enterprise (1) "Policy. It is the Policy of the Dep"-rtment of Transpor- tation that minority business enterprises as defined in 49 CFR Part 23 shall have tl:e ►n Ximum opportunity to participate in the performance of centrads financed in whole or in part with Federal funds under this agreement. Consequently the MBI; requirements of 49 UR fart 23 apply to this agreemant." (2) "'AU Obligation. The recipient or its contractor agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds provided under this agreement. In this regard all. recipients or contractors shall to}.e all. necessary and reasonable steps in accordance with 49 CF Fart 23 to ensure that minority business enter- prises have Lhe nazir..um opportunity to co;n7m cte for and perform, contracts. Recipicl:ts and their contractors shall not discriminate en the basis of race, color, national origin, or sex in t"Ic award and performance of DOT-assisted contracts." Exhibit Number 4 Compliance With Title VI Of The Civil Lights Act Of 1964 The Recipient HFREBy AGRI:L•S TEAT it will cc:-ply with Title VI of the Civil 11i `,hts ;ACL of 1964 (P.L. 08-332) and all requirements imposed by the U.S. Department of Transpor- tation, to Lhe end thit, in accordance with Title VI of the Act, no person in the Uuitcd States shall, on tha ground of race, color, sem or naticnal origin, be e:ccluded from par- ticipation in, be denied the benefits of, or be othen.ise subjected Lo discrimination under any prograch or activity for which the Recipient receives Federal financial assistance from the Depart:rent under Federal urban mass transportation programs; and I L"L'B1 GIV'i,S ASSURA;.CF. THAT it will immediately take any n--asures necessary to effectuate this agreement. If any real property of structure thereon is provided or improved with the aid of Yederal financial assistance ex- tended to the Recipient by the Department under Federal urban mass Lrinsportation programs, this assuranca shall obligate Lhe t�eclpieIht, or in the case of any transfer of such property, and transferee, for the period during which the real property or structure is used for a purpose for Which Lhe Federal financial assistaucu is extended or for rnoth�_,r purpose involving the provision of airilar services or benefits. if any perfonal property is so provided this assthcance shall obli;,ate the Recipient for the period during which it retains ow-iierchip or possession of the property. In all culler cases, this :assurance shall obligate the Recip- ient for thu period during which the Federal financial assistance is extended to it by the Dapartment under Federal urb.ai mass transportation programs. THIS ASSUI,%';CL' is given in consideration of and for the pur- posC: of obt :nisi:, any and all fedcr..l t;rLrits, loans, contracts, property, discou:;tu or otlier 'Feder;,,]. financial assistance eXtc:nded i1ftS.r the date hOreof to the Rc:cinient by the Depart- mont ui:(tUI' lc:< ;r:1 V7'1)an i' .iss tr.-i(is-)ort^tien pregrams. The }1�C111C11C rC„ C� .'.l '_., i]nd ,;r('Cs Lll,*.!. such .`'i:dcral financial. 6�.si:t..:,c•_ ,,i?1 i)- ox!-L-ucled in reliance on tae representations and a^rcc`I.cnt i ad(c in Lhi.:; assurnncr., and that the United Str_t�s si)i:ll ti:^_ ri ilL to seek judicial enforccr.ent of this ascus ante. 1'Ihi:i i::;:iurance is binding; ou the Recipient its, sCLCC: is?Cr ;, %:ri'atitC?h'C`C i, and assignees. Exhibit Number 5 TITLE 1+9-PI`;F"R-C,'f-rN''T OF TRANSPORTATIO'N' CHAPT!:R_ Pu1SS 'i,1TI0\ A!).NN1STi+'�T10' T f�(I,,-(;HARTER BUS 011rRATI0;;S C011li'ICATTON OF 'R1.'0117-RZM-LNTS The following excerpt from legislation is for the purpose of explaining that recipients or grant assistance cannot compete unfairly with private operators by reason of receiving grant assistance. This serves as a reminder that a recipient cannot operate any charter service which is not subject to Public Utilities Commission regulation and also that charges for providing charter service must be equal to or greater than those charged by authorized charter carriers. CHARM AND SCHOOL BUS OPE_RATIO;;S t.0+nTEil OPI: ��,TGRS PROTECTIOi� CL USE "The proposed regulations required public operators in constructing, their charter rates to take into account tl,c actual costs (both direct and indirect) of operating charter service, without regard to capital or operating assistance received under either the Federal-Aid Highway Act or the UI•fr Act, and compelled Public oper;itors to generate revenues from their charter bus operatic,ns that wLre equal to or greater than the cost of providing; the. service." t r JULIUS A-GOLLER, II JULIUS A.COL.LER ATTURNP:Y AT L.nA' ISS9-1940 612-445-1244 2 1 1 WEST FIRST A V E N U E SHAKOPEE, 553ZO May 30, 1984 RECEIVED MAY 31 1984 Mr. Barry Stock, Administrative Assistant COZY 0 F S►"iAKC?E T Shakopee City Hall 129 East First Avenue Shakopee, Minnesota 55379 Dear Mr. Stock: This is in reply to your memo of Friday, May 25, 1984, advising me that the City would like me to review a contract which is hereto attached prior to May 31st and requested my comments. There is nothing illegal about the contract and it is one that the City could lawfully enter into. As far as altering the terms are concerned, I do not think this is possible, at least not to any great extent. If the City wants the financing, the City will have to enter into a contract which does impose considerable administrative duties on the City and provides for termination by MnDot on the grounds set forth in Section IV. Briefly, the contract /does up means of operation, finances, reports, etc. and is designed primarily to protect Mn-Dot. Lf you have any specific questions please contact me further. In the meantime I am returning the contract herewith. Very truly ye rsP Ju ius A,,--Co e"II City At orney JAC/nh Enc. I Memo To: Shakopee Cable Communications Commission From: Judy S . Cox, City Clerk Re : Cable Service to Minnesota Valley Mall Date : May 16 , 1984 Introduction: On March 26th, the Commission tabled discussion of cable service to the mall to enable Mr. Capone to review the cable ordinance, work out cost and try and determine who would share in the cost . Rather than leaving the matter unresolved , I wonder if the Commission might wish to take some action based upon the City Attorney ' s letter of April 25, 1984 Background : ZU representatives , On April 24, 1984 a meeting took place involving/mall representatives along with Mr . Capone and myself . As a result of the meeting Mr . Abbott agreed to absorb any costs for installation over $700 plus he will absorb costs for time and materials over which he has control ( $700.00 is for work he can' t perform) . Mr. Capone agreed to contact other parties interested in Cable T.V. to see if they would share in the installation costs . If enough businesses agree to share in the installation charge , then ZU will pursue acquiring any necessary easements . I Mr. Abbott also stated that the $700. 00 could be paid over a year' s time . ii At the time of this writing, neither Mr. . Abbott nor I have heard from Mr. Capone and the progress he has made . On March 19th, 1984, Council took action to impose a fine on Zylstra United for not providing service to both the Mall and West 3rd Avenue , if service is not installed by the time the restoration work is to be completed . Based on Mr . Coller' s letter of April 25th , 1984, it is clear that Mr. Abbott is within his right to charge for the unusual installation. I believe that it would be appropriate for the Commission to make a recommendation to the Council to reconsider their action of Larch 19th. I; Recommended Action: �! f' Recommend that the City Council rescind their action of March 19 , 1984 imposing a fine on Zylstra-United for not providing service to the I' Mall if service is not installed by the time the restoration work is to be completed. May 22 , 1984 Cable Commission Recommendation: Recommended that the City Council rescind their action of Mardi 19, 1984 imposing a fine on Zylstra-United for not providing service to the is Mall if service is not installed by the time the restoration work is to be completed. 1. i;Z JULIUs A.GOLLER, TI JULIUS A.COLLER AZ-ronNEY AT LAW 1859-1940 e1z-aas-lzaa 2 1 1 WEST F I R s T A V E N U C SnnxoYrr, Mi��rscrrn daazc� To: Judith S. Cox From: Julius A. Coller, II, City Attorney In re: Justification'of extra costs of cable TV connection Date: April 25, 1984 Capone's in the Mall has requested Cable TV service and the company has advised that there would be an extra charge covering unusual installation service costs and in the letter to Ms. Cox under date of March 22, 1984, Zylstra United outlined cause for the unusual installation of service to Capone's. Assuming that the facts outlined in Zylstra United's letter to Ms. Cox of March 22, 1984, are correct, Cable TV would then be within their rights to make the basis charge of $20.00 plus time and materials for anything above the standard installation service as provided for in the proposal made to the City and incorporated into the City Cable Ordinance. i APF'. 2 h 1984 i! i !I PIECEIM chsk®0 cable 1 television3 1984 a lyIstra•United System Y �r SH�hU�f March 22, 1984 Ms. Judy Cox, City Clerk City of Shakopee 129 E. 1st Street Shakopee, MN 55379 Dear Judy: Within the last 60 days I have been contacted by Mr . Capone of i Capone 's Bar relative to receipt •of cable service. Mr Capone indi- cated that Tony Gauer, our Chief Engineer , had told him that the bar could be served fairly easily. As this was not my understanding I asked Mr. Capone ' s indulgence for a short period so that Tony could review the situation again. Tony has been here the past two weeks and has reviewed the situation. I have also reviewed the ordin- ance and proposal 'to determine what our responsibilities are with regard to customer hook-up. As I suspected, the problem is not that we cannot serve the mall lli area but rather that the expense involved is substantial . There are several ways to serve Capone ' s but all involve either boring under the asphalt or cutting the asphalt to place the drop. At the very least we would have to bury cable under at least 65 feet of asphalt, that is from the edge of the parking ,lot to K-Mart, and then run a drop along the roof approximately 400 feet to Capone ' s, We would then have to drill through the roof of the mall . Both Mr . Gauer and I have reviewed the situation and can find no alternative which would avoid these problems. Part L. 1 b of 3 of the proposal provided the initial service I rates and also states that "unusual or difficult connections of service are charged a basic connect fee of $20. 00 plus time and materials for anything above the standard installation service. The same rates apply to drops over 200 feet. " The basic problem in this instance is that the asphalt driveway makes this connection unusual and difficult. The cost to bore underground is approxi- mately $3 .50 per foot. The cost of cutting asphalt is approximately $7 . 00 per foot. Unfortunately, it is impossible to tell whether or not a bore will be successful until the process is begun. In many cases ground conditions are such that cutting and patching the asphalt 'is necessary. The only other costs would be labor for drilling through the exterior of the mall building and any materials associated therewith. P.O. Box 146 123 West 3rd. St., Chaska, Nlinnesota 55318 (612) 448.3831 Ms, Judy Cox Page -2- I. i I While we are not pleased to have to charge an installation I fee, we feel we have no choice in a case such as this one. Further, the proposal clearly indicates that unusual circumstances such as this one were considered . If you have any questions, please feel free to contact me. Very tri_ily yours , j r, Jim Abbott =` for Zylstra-United cc: Gary Capone Minnesota Valley Mall i Shakopee, MN 55379 i I j i i i i POW. L"1 }' Page lb of 3 INITIAL SERVICE AREA RATES Proposed Rates Service Installatian Monthly Universal $35.00 -- Tier 1 20.00 $4 . 95 Additional outlets 10. 00 3.95 Tier II 20. 00 7, 95 Additional Outlets 10. 00 6. 00 For Service: . With Cable `- 2. 50 Without Cable :0. 00 3. 50 Relocation 10.00 -- Reconnection 10. 00 -- Commercial Per Project Multiple Units Pyr Project Service Calls: Institutional Time & Material: Residential No Charge Drops over 2001 : Aerial $20.00 & Time & Material Underground $20.00 & Time & Materia �I Unusual or difficult connections of service are charcred a basic connect fee of $20.00 plus time and materials fox anything above the standard installation service. The same rates apply to drops over 2001 . NOTE: The line extension incremental capital outlays are amortized over a fifteen year period rather than charging a flat fee capon installat' of service. t i MEMO TO: Shakopee Cable Communications p b e Co ations Commission FROM: Judith S . Cox, City Clerk RE: Leased Access on Public Access Channel . DATE: March 21 , 1984 INTRODUCTION: Zylstra-United recently permitted KSMM to broadcast regional sport events on the public access channel as well as sell adver- tising. See attached letters to and from Mr . Abbott . BACKGROUND: Upon checking with Chris Donaldson of the Minnesota Cable Communication Board, I learned that state law regarding the use of the public access channel is a silent area , except that the channel must be used for public access first . Since the Shakopee system has both a public access channel and a leased access channel , it would seem appropriate that leased access programming be on the leased access channel . Although it is true that all the access channels are new to Shakopee residents and that so far they are only receiving programming on the public access channel , I believe careful consideration should be given before any leased access is permitted on the public access channel . In discussing this matter, you may wish to consider : 11 Does Shakopee wish to permit leased access on the public access channel at all? 2 ] If yes , should it be by some exception only and thus parameters should be established. a] Only if the nature of the program has broad community support . b] Put a limit on amount of time used in a day and/or week. c ] It is understood that public access has first choice of time . 31 If yes by exception, should the monthly report include what exception was cablecast when? 41 Permit only on a temporary and limited basis , retaining the right require all leased access to be placed on the leased access channel at a later date to be determined. Leased Access on Public Access Channel . Page 2 March 21 , 1984 RECOMMENDATION: I recommend that the issue be discussed and that some action be recommended to Council . You certainly don' t have to make a decision Monday night , but could table it until the April meeting giving you more time to think about it . JSC/bn March 26, 1984 Cable Commission Recommendation., Harrison/Abeln moved to request ZU to bring to this commission requests for broadcasts of this type on the public access channel , on a case-by-case basis for discussion and prior approval . Consensus was that if time was an element, a consensus of opinion could be given by telephone before the next scheduled meeting. Motion carried unanimously Recommended Action - Council : Concur with the Cable Commission and request Zylstra United to bring any requests for broadcasts on the public access channel:, on a case-by-case basis, to the Cable Commission for discussion and prior approval . PROCEEDINGS OF THE CABLE COMMUNICATIONS ADVISORY COMMISSION I REGULAR MEETING SHAKOPEE, MINNESOTA MARCH 26, 1984 Chrm. Anderson called the meeting to order at 7;45 p.m. with Comm. Harrison, Davis and Abeln present. Comm. Williams was absent. Also present were Judith S. Cox, City Clerk; Jim Abbott, ZU Manager and Tony Gauer, 'LU Engineer. Harri son/Abeln moved that all attempts be made to end the meeting by 9;30 p.m. Motion carried with Davis opposed. DavisHarrison moved to approve the minutes of February 27, 1984 and March 5, 1984 as kept. Chrm. Anderson pointed out that in the ininutes of March 5, 1984, Ed Gossett should be Ed Dressen. Motion to approve the minutes with this cor- rection carried unanimously. Mr. Abbott apologized for not informing the Commission of the use of the public access channel by KSMM to broadcast a regional sports event, with advertising. He said he just didn't even think of it. He said he received no feedback on it. He said he charged KSMM about half of the leased access fee, to ,just cover costs, and no profit was made on it by ZU. KSMM did riot thunk it could afford to broad- cast without sponsors, and didn't think it could afford to pay for the advertis- ing campaign that would be necessary to get people to tune in to the leased access channel for the event. Discussion ensued regarding rules of operation for the leased access and public access channels, and whether or not this was appropriate u.,-,e of the public access channel. Mr. Abbott said he later discovered ZU's own rules prohibiting advertising on the public access channel. Further research found that the State Cable Board does not prohibit advertising on that channel, but the former manager thought it did, { and that is why it was prohibited in their rules. He said he doesn't intend to continue this practice now that he discovered the rule. But he thought he might request a change in their rules to delete this prohibition, and he would bring that request to this commission. Consensus seemed to be to consider these requests on a case-by-case basis, for a ruling by this commission. Discussion was held regarding the difference be- tween advertising for a specific product and giving credit for donations for a certain program. Mr. Abbott said he thinks the determination should rest with the wording "of general interest". Comm. Harrison requested a definition of leased access pro- gramming. Harrison/Abeln moved to request ZU to bring to this commission requests fcn broad- casts of this type on the public access channel, on a case-by-case basis for discussion and prior approval. Consensus was that if time was an element, a consensus of opinion could be given by telephone before the next scheduled meet- ing. Motion carried unanimously. I t 1�- CITY OF SHAKOPEE • INt OMPORATRO 1870 129 E. First Ave. . Shakopee, Minnesota 55379-1376 (612) 445-3650 March 14, 1984 ' Mr. Jim Abbott Zylstra United P.O. Box 146 Chaska , MN 55318 Re : Public Access Channel . Dear Jim: I have recently discovered that KSMM is broadcasting regional sport events on the public access channel as well .as selling advertising. Since there is a leased access channel in our system, I am wondering why the public access channel is being used. I believe that it is reasonable to assume that the public access channel would not be used for leased access , but rather the leased access channel would be . Jim, I believe that you should have communicated with the City, prior to broadcasting on the public access channel . I believe that this deviation should be discussed by the Cable Communications Committee . Please advise why you chose to use the public access channel and not the leased access channel . Since the purpose of the public access channel is for community programming, the City needs to be informed of deviations so that they can protect the public interest . Quite frankly, Jim, I am disappointed that you didn' t keep the communication channels open and advise of your intentions up front . Sincerely, G{l 4Jaih S.�Gbx . . City Clerk JSC/bn cc : Bill Anderson, Chairman, Shakopee Cable Communications Committee John K. Anderson, City Administrator The Hear ! o % Progress L� �i / Jeri An Equal APp4rtunity t mDlaver r0 chaska ia cable television REGEIVFF) a Zylstra-United System MM 19 1984 CITY OF SHAt"; 0E;: March 15,1984 Judy:Cax City Clerk City of Shakopee 129 E. First Ave. Shakopee, Mn. 55379 Dear Judy: Thank you for your letter of March 14,1984. You are right, I should have communicated with you or the Cable Commission on this matter and I apologize for my failure to do so. Frankly, I did not think about the situation as I should have. John Villeta talked with Bill Leply and myself regarding the lease channel and the mechanics of setting this process up. We figured out the mechanics and got back to him indicating that we were physically able to broadcast the games. At that point, he indicated that he did not feel he could broadcast on leased access because it was his belief, that no one would see the games on the leased channel . I then agreed to allow use of the public access channel. I should have given the matter more careful consideration. Perhaps we could discuss this at the next cable board meeting. Sincerely, �,ayyU J. W. Abbott For Zylstra—United Cable Y.O. Box 146 9 123 West 3rd. St., Chaska, Minnesota 55318 9 (612) 448-3831 MEMO TO: John K. Anderson, City Administrator FROM: Downtown Ad Hoc Committee RE: Transportation Plan DATE: June 1, 1984 An excerpt from the Downtown Ad Hoc Committee meeting of May 30, 1984 . "Link/Stillman made a motion to approve the support of the Shakopee City Street System as presented by Westwood Planning and Engineering Co. " Motion carried . ja MEMO TO: Mayor, Council Members FROM: Tom Brownell , Chief of Police RE: Liquor License Violation DATE: May 16 , 1984 Introduction: On October 24 , 1983 , Licensee Jackson C . Chilquist - Jacks By The Tracks was charged with Selling Intoxicating Liquor Without a License , a gross misdemeanor. Master Chilquist is licensed to sell 3 . 2 beer and setups . Background : On May 2 , 1984 , Mister Chilquist pled guilty as charged and was placed on two years probation . Alternatives : 1 . Warn Licensee that any further violations could result in the suspension or revocation of existing licenses . 2 . Do not renew the existing licenses when the present licenses expire June 30 , 1984. 3 . Suspend the licenses - current licenses to sell 3 . 2 beer and setups for ten calendar days to commence June 6 , 1984. Recommendation: Warn Licensee that any further violations shall result in the suspension or revocation of existing licenses . TB : cah M CITY OF SHAKOPEE INCORPORATED 1870 129 E. First Ave. - Shakopee, Minnesota 55379-1376 (612) 445-3650 May 29 , 1984 Mr. Jackson E. Chilquist 220 2nd Avenue West Shakopee , MN 55379 Re : Liquor License Violation. Dear Mr. Chilquist : Please plan to attend the June 5th Council meeting at which time the Shakopee City Council will be discussing what action to take with regards to your 3 . 2 beer license as a result of your being charged with selling intoxicating liquor without a license . Sincerely, Ju it S . Cox, Cit Clerk JSC/bn Tb c !1• ci7 r or 17 ress t' ci An Equal Opportunity Employer • : "„ R. KATHLEEN MORRIS _ SCOTT COUNTY ATTORNEY l3 COURT HOUSE 206 y 1yy SHAKOPEE, MN. 55379 (612)•445.7750, Ext.240 Assistants: MIRIAM JEANNE WOLF PAMELA ANN McCABE RICHARD S.VIRNIG R.GEHLTUCKER PATRICIA M.BUSS KEVIN W.DALY Law Clerk: NANCY PLATTO May 9, 1984 Chief Thomas Brownell Shakopee Police Department' 476 Gorman Street Shakopee, MN 55379 RE: State of *linnesota -vs- Jackson E. Chilquist Dear Tom: On May 2, 1984, the above Defendant appeared before Judge Fitzgerald and pled guilty to a Gross Misdemeanor, Selling Intoxicating Liquor Without a License, as a result of an incident occurring in Shakopee. on October 24, .1983. The Court stayed imposition of sentence and placed Defendant on probation to Court Services for two years on the conditions that the Defendant : 1 . Follow all rules of probation; and 2. Remain law-abiding. The liquor seized by the police in the bar area is to remain confiscated and be destroyed. The Court allowed the remaining liquor seized from the upstairs residence to be returned to Defendant upon approval of the Shakopee Police . if you have any questions , please call . Sincerely, R. KATHLEEN MOR S SCOTT COt TY A ORNEY R. a h1e n Morris An Equal Opportunity Employer - i3h MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac, City Planner RE: Concept Plan for Land Bounded by Spencer St. , 4th Avenue, Dakota Street, and 7th Avenue DATE: May 31, 1984 Introduction: City Council has previously directed staff to review and prepare a Concept Plan for alternative development schemes for land bounded by Spencer Street, 4th Ave. , Dakota St . and 7th Ave. Background: In recent months several owners of property that lie within the area designated by the Concept Plan have inquired about platting and future development. Items that need to be considered include streets, sanitary sewer, water and storm drainage. Staff has done a preliminary study of the area and have these considerations : 1. Because each area has unique circumstances, the study area should be divided into two portions (see attach- ment ) . Area I would be bounded by Spencer, 4th, Market and 7th and Area II would be bounded by market, 4th, Dakota and 7th. 2 . Before continuing with further study, it should be determined how active the City wants to become in planning for this area. For example, in the State of Wisconsin, cities are permitted to plat parcels of land and then the land owner develops according to the plan. The question that needs to be answered is how active does the City want to become in recom- mending certain development patterns . If the City chooses to play an active role it is important to have the co-operation of each land owner affected and eventually stick with the plan as development may occur. 3 . At one time, a feasibility report was ordered for the land in Area I, but it was later dropped . To do a complete study of the area to cover grade dif- ferences, storm sewer location, etc. a feasibility report is needed, therefore involving further staff time commitment. Recommendation: It appears that a plan for the area could be developed which would include new road configurations . However staff feels that a feasibility report is necessary for accurate planning. Staff recommends : 1. Divide the study area into two portions : Area I and Area II 2 . Prepare a feasibility report for each area. 3 . Develop a concept plan for each area. Action Requested: Motion to direct staff to prepare a feasibility report for Area I and Area II in the Market St . study area in order to proceed in the development of a Concept Plan. N 13, sopd am No am Ono � a, ® r' 6 � 1 400 3 d r X Q CL �C cl w OL �O 1 . 5 � 10 5 ' - A 5 • C,/ h ` �6 M E M O R A N D U M TO: John K. Anderson, City Administra r FROM: H. R. Spurrier, City Engineer RE: Status of the Municipal State Ai c for the City of Shakopee DATE: June 1 , 1984 Introduction: Pursuant to our discussion regarding funding for the offsite roadway improvements required for the Shakopee Racetrack, I identified Municipal State Aid as a potential funding source for work on Fourth Avenue . Background: Fourth Avenue is on the City' s State Aid System, which means that any part of our Municipal State Aid can be used and is intended to be used for improvements to that State Aid Route . At the present time the City has available $1 ,520,000.00 for construction on the Municipal State Aid System and certain other roads which are a part of the County State Aid Highway System. The second matter that should be considered in the decision to use Municipal State Aid, is the fact that the City will lose $26,700 .00 unless a Municipal State Aid project is undertaken in 1984. Fourth Avenue could be that project . The penalty for not undertaking State Aid work doubles each year work is not undertaken. For example , in 1985 the City would lcse $26 , 700.00, then in the next two years the City would lose $61 ,446 .00 and $107 ,290. 00 respectively. Given the fact that the first rehabilitation work will probably be undertaken in 1985 the City should have some project that will draw down the Municipal State Aid Fund below the point where the City would lose money. The construction of Fourth Avenue is one project that could accomplish that . Ultimately, the decision rests with City Council and whether City Council is willing to use Municipal State Aid for this roadway required for the Shakopee Racetrack. Some reasons that Municipal State Aid is appropriate is the fact that Fourth Avenue is in a poor condition than earlier estimated primarily because of the truck traffic from industrial facilities along Fourth Avenue, and the amount of work required on Fourth Avenue is different than earlier estimated by the Environmental Impact Statement Should you have any other questions regarding the Municipal State Aid Account and this work, please contact me HRS : cah - ` - Minnesota Racetrack, Inc. SH"OPEE, MINNESOTA June 1 , 1984 Mayor and City Council City of Shakopee 129 E. 1st Avenue Shakopee, MN 55379 Re: Off-Site Roadway Improvements Dear Mayor and City Council : Subsequent to the granting of the licenses to Minnesota Racetrack , Inc. , representatives of Minnesota Racetrack, Inc. and City staff have met weekly to review the status of the off-site improvements , their design, costs , construction dates , etc. The consulting engineers for the City have updated their estimates and the estimate for construction of all improvements previously agreed upon is $3, 560,000 which is $660,000 in excess of the original estimate of approximately $2.9 million. The City staff, engineers and Minnesota Racetrack , Inc. have analyzed these costs to make sure that they represent the most reasonable estimates available. We ask that the City Council consider and approve the following method of financing the additional cost of $660, 000: a) Valley Industrial Park will pay $239 ,000 by means of immediate (not deferred) special assessment on its proposed 7th addition now being platted . b) Minnesota Racetrack, Inc. will pay $88,000 cash or by means of an immediate (not deferred ) special assessment on the racetrack site . c) Minnesota Department of Transportation has stated that they intend to install railroad crossing signals on Valley Park Drive without regard to the racetrack ' s being built and, therefore, may contribute $108,000 . MINNESOTA RACETRACK, INC.,A MINNESOTA CORPORATION DEDICATED TO THE MINNESOTA HORSE RACING INDUSTRY. 5248 Valley Industrial Boulevard South/Shakopee, Minnesota 55379/(612) 445-3644 1 June 1 , 1984 Page 2 d) The section of the street between County Road 83 and Certainteed is already in need of reconstruction according to the City engineer and test borings done by Braun Engineering. The estimated cost of reconstruction is $225,000 which we ask that the City finance through use of M.S.A. funds which are used normally for similar reconstruction projects . We understand that this matter will be on the council agenda for June 5 , 1984. We need a decision on this proposed financing so that we can finalize the loan agreements with Twin City Federal Savings and Loan by June 8 , 1984 for a deadline of June 15, 1984 submission to the Minnesota Racing Commission. If you have any questions, please call . Very truly yours , Bruce D. Malkerson BDM/jf cc: Mr . John Anderson Mr . Bo Spurrier Mr . John Mullan, Barton-Aschman Mr . Gary Eastlund, Scottland, Inc . 4514] Barton-Aschman Associates, Inc. 1610 South Sixth Street Minneapolis, Minnesota 55454 612-332-0421 MEMORANDUM TO: Bruce Malkerson Bo Spurrier John Gockel John Anderson Dave Warzala FROM: John Mullan DATE: June 1, 1984 SUBJECT: OFF-SITE ROADWAY IMPROVEMENTS After last Tuesday's coordination meeting, a meeting was held concerning total cost of off-site roadway improvements. The attached table indicates the estimated cost without any reduction in design standards, etc. In addition, the original estimate is shown along with the suggested method of payment. Keeping in mind that the deferred special assessments and tax increment cannot exceed $2.9 million per contract with the city, agreement was made that the following changes would be implemented: - The oversized drainage system necessary for the seventh addition will be assessed immediately at a cost of $149,000. - The north-south extension will end at the north boundary of the site. This will cut back the last 1320 feet of this urban roadway at a savings of approximately $250,000. - Fourth Avenue will not be constructed between the north-south collector and the east entrance except for turn lanes as necessary. In addition, some minor modifications may be made between the east entrance and County Road 83. Savings should be realized of approximately $150,000. - The entire north-south connector cross section will be changed from an urban section with curb and gutter to a rural section at a cost savings of approximately $100,000. - Based on information from Mike Niemeyer, it appears th2t the Kraus-Anderson estimate was closer to $85,000 - $90,000 for one quarter of a mile of the north- south extension. Consequently, rather than the $38,000 shown on Table 1, that total savings will, in fact, be $88,000 for a savings of an additional $50,000. - Fourth Avenue will be constructed by using MSA funds for a savings of $225,000. - The Valley Park Drive extension from the end of existing to the end of the seventh addition will have a partial immediate assessment of $909000. � / 3 c~ Barton-Awchman Associates, Inc. - Savings on Twelfth Avenue, due to the shortening of the curve, should approximate $6,000. As a result of the above, it appears that we are now in o position that all accounts will balance. Aobids start coming in, we will have to continually monitor our total dollars and cost estimates to be sure that we stay within the $2.9 million allotment by agreement between Minnesota Racetrack, lnc., and the City of Shakopee. 0 ;o T 3 W CD > m — - "I < n > X- 0 �7 C:) 0 00 m (D CD a a) CD n 0- 0 3 C CD < CD 0 n 3 CD n cD 0 0 , -3 <a) C/) P. (D 0 Wen U). m CD = :D U) 0 C) 10 5. `O = rri rr I Lo 0 LC) -0 0 W < Cj) 1 77 RL (D m 0< CD \Z m co m CN Fl F o 3 m `Oz 0 M C) 0 C:) M 0 0 CD 0 CD 0 C:) 0 M 0 0 CD C CO C:) Ln C M o co N N CD m cn �j 1.0 -oj Nz .2. �o F F 5"\ 'F �A N 3 S CD C=) C) C) 0 C) C:) a) ZI 0 0 CD 0 0 C CD f-r 0 CD CD 0 M 0 M CD CD ti > CN C cn CD -+cn CD F CD n cr, C:) C) O 0 m y CD CD 0 C) M aC:) 0 -r-- r-- cc 0 W —1 W NI M"I --i X 0 M C) C) CD CD CD (D CD 0 C:) 0 CD CD CD C) 0 CZ) C:) CD CD C-- > S- Ln CD 0 ,FN > a) CD CDC: CD cn (n C:) CD CD CD 0 1 CD CD CD CD CD CD / / 2 ƒ 22 / 3 » O @ r wQ an � c < S / ® 0 � � / k / m 7 / \ ( ° w c ` CD � 2 S � \ q S ƒ 3 0 @ e0 / a § 2 k ] / 7 § E@ \ / CD� / p © -/ / @ \ f E / ® - O / * » « \ 2 � u / / % c c » « e e \ j / m Z q / / / R / R / E @ o c o c c c c c c 9 G 3 3 » & w e « o e w w w CD c / z ° 5 - < c 0 c c c c c & j & o c c c c o c 6 - G CD c c c o c c c J w 2 e w @ /-03 a w # e = e c c 3 G G CD 7 / / k | % \A cc � \ ® F c � e / / / / / / / ? / = c c o c c K £ \ 4 � 0 (r \ £ / S c ® » R § 2 co \ § ] � \ e c a ° c § 3 \ / G / ( ? | / / / } - , g a c i \ TABLE 4.1 ESTIMATED CONSTRUCTION COST FOR EXTERNAL ROADWAY IMPROVEMENTS Improvement Type Total Estimated Construction Cost 1. Signalization and intersection upgrading at Valley Park Drive and TH 101 $ 220,000 2. Signalization and intersection upgrading at TH 101 and CR 83 $ 180,000 3. Signalization and intersection upgrading at north-south collector street and TH 101 $ 215,000 4. Construct previously planned four lane, 9-ton, urban design (excluding storm sewer) Valley Industrial Park east-west roadway (1� between Valley Park Drive and CR 83 $ 375,000 5. Construct previously planned four lane, 9-ton, urban design north-south collector (2) street from TH 101 south to 4th Avenue _ $ 255,000 6. Widen CR 83 to a four lane, urban design roadway from TH 101 to north entrance to racetrack $ 185,000 7. Wider and overlay Valley Park Drive to a four lane, 9-ton, urban/rural roadway from TH 101 to proposed east-west roadway intersection (including 1,000-foot urban extension) $ 345,000 (3) 8. Widen and overlay Fourth Avenue to a two lane, 9-ton, rural design roadway from CR 83 to the proposed north-south collector street including right-turn lanes and gravel shoulders $ 274,000 9. intersection improvements and signal revisions $ 90,000 at TH 101 and CR 18 Total Construction Cost $2,339,000 Engineering, Legal and Contingency Costs $ 390,000 Additional Right-of-way Cost $ 150,000 GRAND TOTAL $2,979,000 (1) City to be reimbursed 73 percent or $420,000 of construction cost from benefiting properties. (2) City to be reimbursed 72 percent or $184,000 of construction cost from benefiting properties. (3) City to be reimbursed 38 percent or $130,000 of construction cost from benefiting properties. 21a /314 Ton Free Minnesota(800)862-6002 I Toll t=ree Other states(800)328-6122 I i Miler & Schroeder Municipals, Inc. Northwestern Financial Center,7900 Xerxes Avenue South,Minneapolis,Minnesota 55431 •(612)831-1500 MEMORANDUM TO: City Administrator, Mayor and Council Members City of Shakopee FROM: Miller & Schroeder: James R. Casserly, Richard R. Graves RE: Race Track Agreement - Update on Public Financing DATE: June 1, 1984 This memo is unreasonably short because while numerous options are being analyzed, only one is described in this memo. The developers have run into some unexpected problems with the guaranty in the development agreement. The guaranties, for all practical purposes, prevent a successful syndication of the project and require the publicly held partners to show contingent liability approaching $20,000,000. The City and the developer do have common goals. It would be technically and politically advantageous for the City to have a minimal reliance on general obligation debt. If the City issues a revenue bond for its improvements, it is prohibited by statue (Minnesota Statues Ch. 273.77 (c)) from paying those bonds from its general funds or using its taxing powers. With a revenue bond, the City does not have to be as concerned with security because it has nothing at risk - only the bond holders have the exposure. If the City can minimize or eliminate its risk and if the developer can increase its syndication opportunities and reduce its contingent liabilities, then a program which facilitates this option should be pursued. It is possible to accomplish most, if not all, of the above by having the developer secure an insurance company to insure the bonds, thus making them a rated, marketable revenue bond. The insurance premium can be paid out of the bond proceeds if they are available; if not, then the developer would have to pay the additional. cost. The financial constraints are obvious: debt service obligations are a function of the amount of available tax increments. One final problem should be mentioned, bond rates have risen substantially since our original analysis. This condition is going to require all parties to be as flexable and innovative as possible in arranging the financings. Headquarters.%nneaporrs.Minnesota Branch Ottices:Downtown Minneapolis•Solana Beach,Calirornla•Northbrook.Illinois•St Paul.Minnesota•Naples.Florida•Carson City.Nevada cen�v� MEMO TO: John K. Anderson, City Administrator /3 FROM: Judith S. Cox, City Clerk / RE: 84/85 Liquor and Beer License Renewals DATE: June 1, 1984 Introduction Many applications are not in order for nenewal of beer and liquor licenses. Some applications that are complete provide only 10 day notice of cancella- tion of the insurance policy. Since the ordinance recently adopted, changing the cancellation notice from 30 days to 10 days, has not yet been published, technically all 10 day notices are not in compliance with existing code. Please table the applications for renewal of beer and liquor licenses. Action Requested Move to table applications for 1984-1985 On and Off Sale 3.2 Beer Licenses; Off Sale, and Club Intoxicating Liquor Licenses; and Wine Licenses. JSC/jms of MEMO TO: John K. Anderson , City Administrator FROM: Judith S. Cox , City Clerk RE: Renewal of 1984-85 License to Only Allow Consumption and Display of Intoxicating Liquor ( Set-ups) DATE: May 31 , 1984 INTRODUCTION The following applicants have applied for a 1984-85 Set-up License. At the time of this writing applications were not in order . There will be an updated memo on the table Tuesday night. ACTION REQUESTED Approve the applications and grant a 1984-85 License to Only Allow Consumption and Display of Intoxicating Liquor to : Approve/ able AgDlicant Jackson E . Chiiquist 220 West 2nd Avenue Jim & Lucy ' s Inc. 220 West 2nd Avenue Shakopee Council 1685 Home Assn . 1760 East 4th Avenue JSC/jms _ J3�► Memo To: John K. Anderson, City Administrator From: Gregg Voxland, Finance Director Re: Mr. Chard's Request Regarding Developer's Deposit Date: May 25, 1984 Mr. Chard requested Council on 5/ 15/84 to use the escrow balance from the developer's deposit for Eastview to pay off delinquent special assessments. This is one of the central points of the litigation in process and should be handled through the litigation. Mr. Chard and his attorney have already requested our attorney to use that money for that purpose and our attorney has refused that request. Also, the deposit is to ensure the payment of assessments against all lots and the future payments plus the delinquencies are much more than the current balance of the deposit. The purpose of the deposit would be defeated if we paid the delinquencies at this point. There is about $52, 000 in delinquencies and about $72, 000 in future installments plus another $19,000 for payable 1984. Our attorney has directed us not to draw on the developer' s deposit until the lawsuit is settled. GV:mmr Cell � EASTVIEW FIR7ADDITION i3 V W r �`� CITY OF SHAKOPFE �" fw-y, E W AC'COU/�"T AS OF 5-1-84 DAYS DATE LOT-BLOCK PAYMENT INTEREST - ry 1247. ✓ 11 -28-80 3-3 $ 3 , 033 . 51 - $ 518 . 21 - 1yr3 �? 1240 12-04-80 12-5 1 , 383 . 51 235 . 02 1129 3-26-81 4-5 3 ,033 . 51 , 469 .17 /0 Ni 14 77 )/31 . loo 1079 6-15-81 1 -1 3 , 033 . 5A ` 448 . 39 1 01 9 ? <(7-3 , NS 1057 7-i,5-81 3-1 3 , 033 . 51 - 439 . 24 qvy ��z. �, 968 9-04-81 2-4 3, 033 . 57 402 . 26 938r 10-04-81 3-4 3 , 033 . 57- 389 . 80 ?-SZ 32s, 7o 911 11-30-81 5-5 2 ,696 . 51 336 . 52 Cask �_I,/� , 0110 657 7-12-82 7-4 2 , 696 . 51 - 242 . 69 57� yr31 So 577 9-30-82 5-2 2 , 696 . 51 213 . 14 sl o3. s-) 550 10-27-82 4-2 2 ,696 . 51 - 03 . 17 53!o 1 2 iq , 71 c/o 3 o 535 11-12-82 7-5 1 , 390 . 78 101 .93 rtl ,y'7 , t0z 534 11-12-82 4-4 2 , 696 . 51✓ 197 . 26 488 12-29-82 2-2 2 , 359 . 44 157 . 72 - 433 2-22-83 1-3 2 , 359 , 44 . 139 . 95 - 412 3-15-83 1-2 2 , 359 . 44 - 133 . 16= 412 3-15-83 3-2 2 , 359 . 44 - 133 . 16 - 367 4-29-83 2-3 2 , 359 . 44 - 118 . 61 -- 356 5-10-83 6-3 2 , 359 .44 115 . 06-- 284 7-21-83 7-3 2 , 359 . 44 ,- 91 . 79..- 2738 7-27-83 10-2 2 ,359 . 44 89 . 85-- 21 Z �N 9- 30-83 5-4 2 ,359 . 44' 68 . 52 212 9-30-83 6-4 2 , 359 . 44 ' 68 . 52 213 9 -30-83 12-3 2 , 359 . 44 - 68 . 84 " 18� 10-25 -83 5-3 29359 . 44 60 . 76 f 122 12-30-83 9-1 2 , 359 . 44 ✓ 39 .43 g, .3/ 30 3-30-84 8-1 2 ,022 . 38 9 ..-70 24 4-06-84 6-5 t4$ r 2 1022 . 38 -0- 4-30-84 7-1 ? 2 , 022 . 38 -0- $71 , 198 . 00 $59498 . 52 TOTAL $76 -71 ! 03? . 13 t � , 696 . 52 '+ � 1 .}' _'`s'p��`� sem' �C' s �Y "- T r ��:�.T _'. _`:`,'j%'�• '.��+�� c'. 77-3 r a.. y .�:..r• �'�i,4 "T^,�ti--- r ,,. .s t i7*t•�y „��fY f'S r-,y .+y u . Yr r } �`(. t . --3::, 'M - ?' •s ti ti�:. lY��.-� � .1 v p.aY . 1 Fes. -i '+ .'• (C) Initial Payment and Lev of S ectal _Assessment_s and ..:t�Re uiru�d �'_a�m�e_n_tT_hereo T e cost sFia�l�e pa�c�-may veloper in accordance with one of the two methods as set forth hereunder, the Developer having the option thereof.- Payment Method 1 : The cost shall be paid by the devel- open to o--tom ,CTty as special assessments levied against the benefitted land in equal installments not to exceed five such equal annual installments of principal together With the interest on the unpaid installments at the rate of 8% per annum. -- In the event that the City shall issue Shakopee Improvement Bonds, or warrants for said remain— ing portion 'fora term not less than ten years, said annual installments shall' be scheduled together with the maturities on said bond or warrants so that the last annual installment shall be collected in the same year as the last remaining bonds or warrants mature. On or before the transfer of any lot,-piece or parcel of land agaiazst which assessments have been levied, and on or before a bui.iaing_permit .will he granted for any of ma_d lots,- the Developer hereby agrees to pay to the City a sum of money equal to- 1501 of the remaining principal ba-lance, plus any unpaid interest and penalties , of all assessments against said lot, said amount to be determined as of the date on which either the lot is transferred or the building permit is granted. The amount so paid in - excess of the remaining principal balance plus any unpaid interest and penalties against the lot transferred or the lot on which the building permit is granted shall be retained by the City as a deposit for, payment of assess- ments against the remaining lots or parcels, and the amount so deposited shall bear interest at the rate of 51 per annum until all assessments levied against the benefitted property shall have been paid in full and at such time said deposits plus a accru i�ixa est sba3 -" be returned to the developer' If, however, the developer aiTB�o pay any of the assessments, interest, or penalty' as the same coins due; the City may draw on said deposit' for any such amounts not paid. s further agreed and t ----thz--is&ymenfs required hereunder to either • transfer the jpt or obtain a building permit hereunder shall in no way limit or be used to offset the Developer' s j obligation to pay the assessments as they come due for those lots which have not been transferred or for which _"building permits have not been obtained, which obligation shall continue until such time as all assessments authorized herein have bean paid in full. Upon the pay- ment of the assessment on any lot, the City shall .issue 1 ,- = a release in recordable form so as to remove the recording -4- •`of this agreement as against the particular lot, piece or parcel .which such payment has been made. �.`.;� ' �'"=�Pa meat 'Hethod 2;�_�The~ Developer shall pay to the City in cas a:' pos t n the sum and amount of 101 of the City gngineer '�►' e :. stimated totel assessment for all such Pharr B _Im�prvve mts�`sn�d amount to be paid upon execution of Sco,�c: One _ h� ` �a'%�, ��, � � - 3 ?�?•� )3� Denote UTILITY AN, 6 SNOWI 100, 00 M �e / ° "� /0 fe •91e 55 / n,/ /oh ,(b/ / 300 ind�coted, L=/00.5/ Ld 2160 ti /O 0 q r\ L e25B. p _ L 7843) 69 1/ 57Ed� 2Z3Cw � es34�I s9 L=233.77 R- 5 00 -.9 0 2 { ` ` 60j co�� oS5E Aa°p e 00, Pu of �� •� �� (b 3°�,`°�/ /�''° _�/ // / b° b�� "� �a 7 ioq R4db'E N 70 5 ----1 X00 ��'�' �N a I A1 I M t9 0 9 � ,tia� `9 e� l 2 ti 0� /1_ o hl I� vo /�\� CL / 05pa�65 i oo i a N69•2655"E FYe h �6� 2 �- b _60 QDt 7� ^ + — 142.02- o f ° .j� /� i - — — -- W �N89°3/02"WJ /ro ( jai172.34— —1 m , N _ 88.56 b5W p h ' 20 �i� 3ti� Q 10 co o 10 /42.00 N89*31'02 W ° " 0 N 69�o 4 /N 81_2750 — 179 00 — �v _ _ _ �� X71.81 �� (b N88°49:33'w cb lb 25.96J= (� 10.00 N85_2�'43rE_`� `� o Q-`3°33'5 5 a I �-- —— 085.39 00 W m h Op ` 60 o _ V L- --OO --� �o 00 NB5•!l'S2 E I-80.00 r 05 /j w �o j /35 cry L _ `�! 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DATE: June 4, 1984 INTRODUCTION Two month' s ago Council received the Engineering Report from Ken Anderson of Westwood Planning and Engineering regard- ing the evaluation of the City' s Streets . Council directed that the report go the Planning Commission, Downtown Committee , and the Industrial Commercial Commission for their recommenda- tions . On the June S , 1984 Agenda City Council has the recommen- dation from these three advisory bodies . COMMITTEE RECOMMENDATIONS The Planning Commission and the Downtown Committee have strongly recommended Council approval of the evaluation of the City Street System prepared by Ken Anderson of Westwood Plann- ing and Engineering without change . Several Councilmembers were in attendance at the Planning Commission when this report was discussed and they can attest to the strong positive reaction Planning Commission members had to the report . The Industrial Commercial Commission reviewed the report without taking a position for or against the report . The Commission took this stance because they felt that they did not have a direct advisory role in the subject matter, as did the Downtown Committee and the Planning Commission. This report is a key element in the City' s ability to put together final Downtown Committee recommendations , the street preservation recommendations , and a program to systematically sign our Streets according to function over the next few years . Council ' s action on this report will provide the City with a crucial decision-making tool as it enters into the three acti- vities listed above plus planning for the Urban Development that will occur during the next ten plus years . ALTERNATIVES 1 ] Accept the evaluation of City Street ' s report as presented. This would be in keeping with the recommendations of the Downtown Commission and the Planning Commission. Acceptance of the report is at a policy level and it- wi11 be used as a planning tool by the Downtown Committee , the Planning Commission and the City Council . Accordingly, when action is taken on specific recommendations within the report detail discussion will follow whether its a Street vacation, realignment , or reconstruction for the purposes of serving as a City Collector Street . Without this Evaluation of City Streets . Page 2 June 4, 1984 type of policy plan for the City ' s overall Street System the City will be continually mired in discussions that seem to have no beginning and end, because so many ele- ments are intertwined and need to be answered before a decision can be made . 21 Accept the evaluation of City Streets report with any modifications Council feels are necessary after Tuesday nights discussion. The reasons for Council pursuing this alternative are the same as those listed under Alternative #1 above . 31 Take no position on the report and send it back to the Consultant for major changes as recommended by Council after its discussion Tuesday night . This alternative would keep us on track so that we can ultimately have the Policy in place that will help us make tough Street decisions even though it may be some months in coming. 41 Reject the evaluation of City Streets report without any follow-up. This alternative would enable Council to avoid making any tough long term decisions that will undoubtedly affect various property owners at this time . It will , however , leave the Downtown Committee without any guidance in how it might implement its Downtown Plans and leave City Staff without any guidance on how to best present its pavement preservation program and future years . RECOMMENDATION City Staff, like the Planning Commission and the Downtown Committee , recommend approval of Alternative #1 for the reasons listed above . ACTION REQUESTED Pass a motion accepting the report from Ken Anderson, Engineer, for Westwood Planning and Engineering, entitled Evaluation of City Streets as the City' s Policy on future Street improvements between lst Avenue and the By-pass and County Rd. 17 and the Western Corporate Limits . JKA/bn MEMO TO: John K. Anderson, City Admin. 13 FROM: Judi_rh S . Cox, City Clerk Q I RE: John Nelson VIP Assessments . DATE: May 21 , 1984 INTRODUCTION: Mr . Nelson has paid his portion of the lateral expenses for the VIP interceptor and the recorded agreement requiring payment should be released. BACKGROUND: The property owned by Mr . Nelson benefited from the VIP interceptor , but the assessments for a lateral were not levied because it was not feasible for him to hook up to the VIP inter- ceptor using it as a lateral . Instead he signed an agreement agreeing to make payment when his property was hooked up. Mr. Nelson has connected to the sewer and has paid his share of lateral assessments and has , therefore , fulfilled the intent of the agreement recorded against his property. RECOMMENDATION: Staff recommends that the proper City Officials be authorized to sign the attached release of the Nelson property from financial obligations . RECOMMENDED ACTION: Authorize the proper City Officials to sign a release of the John Nelson property from financial obligations pursuant to Docu- ment No . 191046 on file in the office of the Scott County Recorder . JSC/bn JULIUS N.GOLLFR, II JJLIU5 A.COLLER ATTORNEY AT LAW 612-445-1244 1859-1940 2 1 1 WEST F IRS T AV EN U E SHAKOPEE, ' 11N\7:`()TA 553T9 May 16, 1984 MRS. Judith S. Cox, City Clerk Shakopee City Hall 129 East First Avenue Shakopee, Minnesota 55379 Dear Mrs. Cox: In Re: Release of the Nelson property from financial obligations Enclosed herewith is original and copy of the City's Releaseof the charges against the Nelson property which has been paid. After the signature of this has been authorized by the Council, please have all parties sign it and then the original should be sent to the Court House to be recorded, one copy delivered to the Nelsons and the original one will be filed when it is returned. If there are any questions please call me. Very truly yours, Julius A. Coller, II City Attorney JAC/nh Enc. WHEREAS, under date of January 31, 1983, an Agreement was made and entered into in writing between John R. Nelson and wife Melba E. Nelson as fee owners and the City of Shakopee, a municipal corporation, County of Scott and State of Minnesota, as the municipality wherein the following described tract of lard is located, to-wit: A tract of land lying in the Northwest Quarter of Section 8, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the intersection of the East line of said Northwest Quarter and the Southerly boundary of County Road No. 16, distant 1354.4 feet South of the northeast corner thereof; thence South 20`03'20" West a distance 219.9 feet; thence South 39°06' West a distance of 138.2 feet; thence South 60°31' West a distance of 112.48 feet to the point of beginning; thence continuing South 60°31' West, a distance of 112.48 feet; thence South 17°13'40" East a distance of 267.75 feet; thence South 89"51' East a distance of 41.28 feet; thence North 62'11' East a distance of 11.52 feet to the intersection with a line that bears South 17°13'40" East from the point of beginning; thence North 17013'40" West, a distance of 289.25 feet to the point of beginning; excepting therefrom the Southerly 25 feet, containing 0.7 acres more or less, and WHEREAS, said Document was filed for record in the Office of the Scott County A Recorder on-the 9th day of February, 1983 as Document No. 191046, and WHEREAS, the said Document _created certaiii financialresponsibilites and charges on the above described property, and WHEREAS, the said fee owners have discharged and paid in full all of charges placed on the above described land by the above described Document or referred to therein. NOW, THEREFORE, in consideration of the payments above referred to, the receipt and sufficiency which is hereby acknowledged, the City of Shakopee does hereby release and discharge the above described tract from any and all obligations, responsibilities 1 and further requirements under and pursuant to said agreement and does discharge the same of: record. f IN TESTIMONY WHEREOF, this instrument was executed by the City of Shakopee, a municipal corporation, by its Mayor, its City Clerk and its City Administrator pursuant to authority granted by the Shakopee City Council and the City seal affixed hereto all as of this day of , 1984. THE CITY OF SHAKOPEE, AMUNICIPAL CORPORATION By _ In the presence of Mayor By City Clerk By- ---- City Administrator STATE OF MINNESOTA) ) ss COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this __—day of 1984, by Eldon A. Reinke- Mayor, Judith S. Cox-City Clerk, and John K. Anderson- City Administrator, for the City of Shakopee, a municipal corporation in the State of Minnesota, on behalf of said corporation. Notary Public, This instrument was drafted by: Julius A. Coller, II City Attorney for the City of Shakopee 211 West First Avenue Shakopee, Minnesota 55379 _ �3J Memo To: John K. Anderson, City Administrator From: Jeanne Andre, Community Development Director Re: Probation Termination Date: : May 28, 1984 Introduction & Background Judith Simac, City Planner, has completed the required six month' s probation period. I recommend that her probationary status be terminated effective May 28, 1984. Alternatives 1 . Continue Probation 2 . Terminate Employee 3. Terminate Probation Recommendation Alternative No. 3 Action Required Move to terminate the probationary status of Judith Simac effective May 28, 1984. JA:mmr _J_ Memo To: John K. Anderson, City Administrator From: Gregg Voxland, Finance Director /31k Re: Office Copier Date: May 31, 1984 Information & Background City Hall has had it's present Savin Copier for 4 1/2 years. It has been a good machine but is worn out and breaks down too often. Anticipated life of this machine was 3-4 years. There has been a new copier in the 5-Year Equipment List for several years that was scheduled for purchase in 1985 with $35,000 earmarked for it. I consulted the Equipment Committee in mid-May about the situation and told them I thought the City could buy a copier with more features to better meet our needs than the present copier for less than $15,000 and that we needed a new copier this summer rather than waiting for 1985 as previously planned. Accordingly, I requested quotations from several (10) vendors for a machine with a dry process, 20 bin sorter, automatic document feed, uses plain paper and has reduction. I also asked for another quotation for a machine with those features plus automatic two-sided copying. Nine vendors responded and the proposals sorted down to three groups. The first group had the features requested at copy speed of about 28-30 copies per minute, similar to our present machine. The second group had the features requested at a copy speed of 40-50 copies per minute. The third group had the features requested at copy speeds of 35-46 copies per minute but also offered automatic two-sided copying. Prices after trade-in ranged from $4,645 to $6,810 for group I, $8,995 to $10,375 for group II, and $8,100 to $11,100 for group III. Our current copier sold for $13,000 when new. Alternatives 1. Keep present copier until 1985. 2. Direct staff to do further research into a copier in one of the groups for purchase this summer. Recommendation Staff recommendation is to do further research into group III. It appears at this time a Ricoh 6600 from Metro Sales would be the best machine for City Hall. Although it is the most expensive at $11,100, it is well within the amount anticipated and offers faster copying (46 cpm), automatic 2-siding, dry process and handles originals only once per copying process. This machine as well as a Savin machine would not be available until July. The advantage for two sided copying are neater documents, less cost (less paper) , smaller packets and less filing space. Action Requested Move to direct staff to continue research into a copier offering automatic two copying and bring back a recommendation for purchase by August. GV:mmr � .�. JL �J' �.' �5 X'1 �► Jam. � �' .� .� 129 East First Avenue, Shakopee, Minnesota 55379 MEMO TO: .JOHN ANDERSON/CITY COUNCIL FROM: Jim KARKANEN -, PU$LI C WORKS SUBJECT: B I D 'OPENING-SEWER MACHINE DATE: MAY E ., 1984 INTRODUCTION : AT 11: 00 A. M. , THURSDAY, MAY 31, 1984, THE CITY OF SHAKOPEE RECEIVED AND PUBLICLY OPENED BIDS FOR AN ADVERTISED TRAILER MOUNTED VACUUM SEWER INDUCTOR MACHINE . BACKGROUND : AT THIS MAY 31ST LETTING FOR THE VACUUM SEWER INDUCTOR MACHINE, WE RECEIVED ONE BONA-FIDE BIDDER IN RESPONSE TO OUR ADVERTISEMENT AND SPECIFICATIONS . THE SINGLE BIDDER WAS FLEXIBLE PIPE TOOL CO . , OF MPLS WHO SUBMITTED A BID OF $ 23,495 . 00. THIS COMPANY IS THE MINNESOTA DISTRIBUTOR FOR I . M. E, CO , MODEL Tl'110-OD-;'8L►5-HGil-SIS , THIS BID MET OR EXCEEDED ALL REQUESTED SPECIFICATION SUBMITTED BY OUR DEPARTMENT . A SECOND BID WAS EXPECTED FROM MACQUEEN EQUIP . CN OF ST . PAUL, BUT THEY APPARENTLY DECIDED NOT TO SUBMIT A BID FOR THIS MACHINE . THE I . M. E . MODEL TM 10 WAS DEMONSTRATED ON EAST 11TH AVE . AND LEGION ST . , AND WE WERE IMPRESSED WITH ITS ' PERFORMANCE . THIS DEMONSTRATION WAS VIDEO TAPED AND PR(=SENTED TO THE EQUIPMENT COMMITTEE FOR THEIR REVIEWAL AND COMMENTS, AS EXPLAINED IN MY MEMO DATED MAY 2, 1984 . THIS MACHINE IS EXPECTED TO SAVE A LOT OF LABOR WHEN CLEANING SEWERS WITH THE JET MACHINE, BY ENABLING US TO REMOVE SLUDGE, SILT AND DEBRIS BY MECHANICAL METHODS INSTEAD OF OUR CURRENT ROPE AND BUCKET METHOD WHICH TAKES A LOT OF MANHOURS TO ACCOMPLISH THIS TASK, WE HAVE BEEN REVIEWING AND DEMONSTRATING VACUUM MACHINES FOR THE PAST 2 1/2 YEARS, AND WE FEEL THAT THIS PARTICULAR MACHINE IS MORE SUITED TO OUR NEEDS, THAN ANY OTHER MACHINE THAT WE HAVE REVIEWED. WE HAD BUDGETED 25,000 IN OUR 1983 SEWER FUND BUDGET, BUT WE WERE UNABLE TO FIND A MACHINE THAT WOULD MEET OUR SPECIFICATIONS UNTIL I . M. E. CO. INTRODUCED THIS MODEL IN 1984 . %WER MACHINE R . 2 r3 � ALTERNATIVES : 1, ACCEPT THE BID OFFERED BY FLEXIBLE PIPE TOOL CO. IN THE AMOUNT OF $ 23,495 , 00 FOR THE VACUUM INDUCTOR MACHINE , 2 . REJECT THE BID OFFERED FOR THE MACHINE . 3. READVERTISE OUR SPECIFICATIONS AND SET ANOTHER BID OPENING DATE . RECOMMENDATION : ALTERNATIVE # 1. ACCEPT THE BID OFFERED BY FLEXIBLE 'PIPE TOOL CO. FOR $ 23,495. 00 ACTION REQUESTED: 1, ACCEPT THE BID OFFERED BY FLEXIBLE 'PIPE TOOL CO. FOR A TRAILER MOUNTED SEWER VACUUM INDUCTOR MACHINE IN THE AMOUNT OF $ 23, 495. 00 AS SPECIFIED. THE PURCHASE OF THIS MACHINE WILL COME FROM THE SEWER FUND AS BUDGETED IN 1983 FOR CAPITAL EQUIPMENT,. AS BUDGETED. CHECK THESE FEATURES Heavy duty reinforced trailer frame features reservoir conserves space. Dual moisture traps Hydraulic dump offers highest angle available. hydraulic surge brakes as standard equipment. for double Vacuum Pump protection. 60 degrees for complete operator ease in Electric brakes available as an option. unloading solid material from unit. Industrial duty vacuum pump breather Brawny Onan 2 cylinder, 25.0 bhp engine separates lubricating oil from pump exhaust Heavy duty rear mounted jack stand stabilizes offers reserved power and lower operating prevents unsightly oil spots. unit when unloading while unhooked from speed for long life, towing vehicle. All controls conveniently located for operator Efficient belt drive system dampens vibration- ease during unit operation. Boom lift control Unit features single, boom mounted load / ensures long vacuum pump life. located on load valve for fast uncluttered discharge hose. Solid materials settle to the operation of hydraulic boom. Dual backup bottom of tank - water is discharged back American manufactured 240 CFM Vacuum boom lift controls are standard equipment to manhole. Simple low maintenance system Pump, air cooled with pressure olled heavy preventing untimely break downs. is reliable and eliminates operator handling duty ball bearings for low maintenance - of multiple hoses. long pump life. American Manufactured Combination fender / tube storage racks are Insures - dependable parts supply and factory designed for easy accessability. Clean efficient boom design Is hydraulically service readily available should parts ever be raised for reliable operation - eases operator necessary. Swing away full opening rear door virtually manipulation of heavy hoses during loading eliminates unloading problems. process. Boom rotates full 360 degrees for Combination breather / moisture trap / oil easy accessability in those hard to reach places. I.M. E. SYSTEM 11 VACUUM INDUCTORS x xC ,• F'`r :; vi � ��: .+�rM.��. ,pT�'$�'j`�a #'`i {a' k. ,; . l t tw TM 10 - OD - PB 240 HGH - SH TRAILER MOUNT - 1000 GALLON - PB 240 VACUUM PUMP HYDRAULIC BOOM - GASOLINE ENGINE DRIVE HYDRAULIC BRAKES - SINGLE HOIST OPEN DOOR INDUSTRIAL & MUNICIPAL ENGINEERING ,= FLEXIBLE PIPE TOOL COMPANY SEWER CLEANING EQUIPMENT *Y . `.. BOX 164 SAUK CENTRE, MN 56378 (612) 352-3676 3 �- I.M.E. OFFERS A COMPLETE LINE OF VACUUM INDUCTORS DESIGNED AROUND THE NEEDS AND REQUIREMENTS OF LONG TIME INDUCTOR OWNERS / OPERATORS. LOWER COST—Trailer mounted units eliminate the need for expensive truck chassis. For most applications a heavy duty 3/4 ton pickup truck is all that is needed to transport the unit. ®SPS■rte. '" T' ("' ^T COMPACT SIZE—Compact design allows units to be easily maneuvered inside factories. These units can be used in most aisles and moved with a forktruck or towmotor to easily handle on-the-spot cleaning requirements. _ a � t� •-j+-�..• I,M.E. SYSTEM 11 TRAILERS—Clean those areas not readily accessible 7 ; to a large truck mounted unit. They eliminate the need for long runs of �tRr "`' ""! • loading hoses. s�t,.. •4,.,.� t �:.,is SPECIAL DESIGN—The I.M.E. System inductor line is designed especially for cleaning Catch Basins Manholes Grease Traps Car Washes . , • � d r They can be used in conjunction with a high pressure water jet for removing the debris jetted from the sewer lines. The System 11 is a highly reliable system to be used in conjunction with our Oela III or IV portable skimming equipment. The System 11 units can be used on an requiringtruck- mount Y y job re uirin a standard truck- mount vacuum unit. ,.. nr., „� t•..;... .-,.._,.._, HOSE HANDLING BOOM—The 4" loading hose can easily be TM - 10S- PB 240 HGH NH manipulated by a single operator. By using the hydraulically operated boom lift with the rigid loading tubes,the operator can efficiently clean catch basins or manholes. The hydraulic lift eliminates straining to move a heavy loading hose. SOLID MATERIAL SEPARATION SYSTEM—The I.M.E. System II units allow solid material to settle from the liquids so the liquids can be ..E flushed back to the drain. This allows a high percentage of solid ; f material per load. FULL OPENING REAR DOOR/HYDRAULIC HOIST-60 degree ° 1 dump angle available to make unloading of large amounts of solid material a simple fast operation. Material is dumped where you want it. IRc:.t b WATER NOZZLE SYSTEM—I.M.E, offers a system operated from an fi y auxiliary high pressure system on the non-dump System 11 trailer models. (To assist the operator wash-out solid materials) 1 TRUCK MOUNTED—Any System II unit can be mounted on a suitable truck chassis. The tank size can then be increased to fit your require- ments. The System II offers a completely independent cleaning unit, and expensive PTO requirements are eliminated when switching from chassis to chassis. TM- 10 - OD - PB 800 - NDH - NH SYSTEM II OPTIONAL EQUIPMENT PB-400 CFM or PB -800 CFM American manufactured vacuum pumps. Diesel power available for any size pump. Two (2) compartment tanks available. Units available without hose handling boom. I.M.E. CAN CUSTOMIZE A SYSTEM II PACKAGE TO FIT YOUR SPECIFIC NEEDS INDUSTRIAL & MUNICIPAL ENGINEERING Route 34 Fast, P. 0, Box N Galva, Illinois 61434 Phone 309-932-2036 Toll free in III.: 800-322-5661 Toll free all other states: 800-447-5684 MEMO TO: Mayor and Council �3m FROM: John K. Anderson, City Admin. RE : Joint Use of City Bulk Gasoline By School District . DATE : May 22 , 1984 INTRODUCTION The City and School District successfully completed a joint use of the City' s bulk gasoline facilities for the School District ' s Driver ' s Education Program during the summer of 1983 . The School District has asked to repeat the program for the summer of 1984 ( letter from Dale Montgomery attached) . BACKGROUND I have reviewed the program with Dale Montgomery and Jim Karkanen and both feel that the program was successful in 1983 . Jim has no problems in renewing the program for 1984. The program would be administered as it was in 1983 . A copy of the letter of agreement between the City and the School District for the 1983 program is attached. The 1984 program would be based on the same letter of agreement . ALTERNATIVES 11 Enter into a joint use agreement with the School District for use of the City' s bulk gasoline facilities . This program will save Shakopee Citizens who pay school taxes some money and provide a convenience for the School Driver' s Ed Program for the summer. This program worked well in 1983 ; therefore , we do not expect problems with the program in 1984. 21 Do not enter into a joint use program with the School District for use of the City' s bulk gasoline facilities in 1984. There is no particular reason to select this alternative , unless Councilmembers are aware of some problem this caused the City which made the City' s operation less effective or efficient. RECOMMENDATION Jim Karkanen and I recommend that Council select Alternative ##1 for the reasons listed above . Joint Use of City Bulk Gasoline By City School District . Page 2 May 22 , 1984 ACTION REQUESTED Direct the City Administrator to send School District #720 a letter outlining the procedures underwhich the City will permit the School District to use the City' s bulk gasoline facilities for the 1984 summer Driver' s Education Program, said letter to be acknowledged by the School District and filed by the City. JKA/bn Enc . ";m—A '-qw3.rr,..,. W pfl,.etly(1H}4 J qy+..r J!e" N, Niglio Nr, u: i SHAKOPEE SENIOR HIGH SCHOOL INDEPENDENT SCHOOL DISTRICT NO. 720 SCOTT COUNTY TENTH AND LEWIS SHAKOPEE, MINNESOTA 55379 JAMES A.FORD MICHAEL 1 WALSH TEL.445.4884 Assistant Principal Principal i May 21, 1984 RECEIVED MAY 2 21984 John Anderson City Administrator r •_ �' City of Shakopee � YOr, Shakopee, MN 55379 Dear Mr. Anderson: On behalf of School District No. 720, I would like the Shakopee City Council to give the school district permission to enter into an agreement to use the city's bulk gasoline facilities for the summer driver's education program. This agreement would be the same as the summer of 1983. Thank you for your consideration in this matter. Sin erely, Dale B. Montgomery Driver Ed. Coordinator District No. 720 AN EQUAL OPPORTUNITY EMPLOYER r CITY OF S AKOPEE INCORPORATED 1870 129 E. First Ave. - Shakopee, Minnesota 55379-1376 (612) 445 3650 .t June 30 , 19833. Dr. Robert Mayer Superintendent School District 720 505 Holmes Shakopee , MN 55379 Re : Joint Use of City Bulk Gasoline Facilities by District 720 Dear Dr. Mayer: The Shakopee City Council , at its June 29 , 1983 meeting, authorized the City staff to enter into an agreement with District 720 that would enable the District to use the City' s bulk gasoline facilities . There were a number of conditions involved in the motion approved by City Council which I have included in this letter. The City will issue six separate key locks on one individual meter for our unleaded gasoline pump at the City garage. The keys will be issued to Dale Montgomery , who will be responsible for instructing other drivers education teachers in the use of the City ' s key lock system. The Public Works Department will read the School ' s meter once a week and send the statistics to City Hall . The Finance Director will send a bill to District 720 once a month in our normal billing cycle . Dale Montgomery should contact Gregg Voxland and tell him how much unleaded gasoline the drivers education program anticipates using this summer so Gregg can make the necessary purchase . The School will be charged $7 .00 for each of the six key locks purchased to implement the program. The key lock number will be LK6734, and all keys will be turned in by Dale Montgomery at the end of the summer drivers education program. To implement this program the City and School District I discussed potential insurance requirements with the Capesius Agency. As a result of those discussions , the City has been named as an additional insured on the School ' s insurance policy for the use of self service gas pumps at the Public Works I building on Gorman Street . Finally, should there be any prob- lem with gasoline shortages which result in a reduction in N the amount of gasoline allocated to the City of Shakopee the I City reserves the right to end the joint use program upon ten days written notice to the School District . The IIea rt of Progress Va Hell An Equal Opportunity Employer Dr. . Robert Mayer Page Two June 36, 1983 / 3 Please sign this letter on the line below as an acknowledge- ment of the School District ' s acceptance of the above listed conditions for this joint use program. Sincerely, John K. Anderson i City Administrator JKA/jms cc : Jim Karkanen Dale Montgomery Dr. Robert Mayer Date NIENO TO: ;ayor and City Council FROM: John K. Anderson, City Administrator / 3 � RE: Joint Use of City Bulk Gasoline by School District DATE: June 23 , 1983 Introduction City Council , at its June 21 , 1983 meeting, considered allowing the School District access to one of our key locks for bulk gasoline . The School District would use this during the summer for their driver' s education program to determine if there is a significant saving in gasoline price for the District. City Council directed staff to put together the details of a coopera- tive use of our bulk gasoline facilities with the School District . Cooperative Procedures The City will issue six separate key locks on one individual meter for our unleaded gasoline pump at the City garage . The keys will be issued to Dale Montgomery, who is in charge of driver ' s education and he will be instructed in the use of the key lock and the fuel pump. He will be responsible for training the other driver ' s educa- `ion instructors . The City Public Works Department will read the school ' s meter once a week along with the other City meters and turn in the statistics to City Hall once a month as is the current practice . The Finance Department will then bill the School District at the same time that it breaks out the internal billings for the various City Departments . We expect that our purchases of unleaded fuel will. increase con- siderably because fewer City vehicles are using unleaded gasoline and ata lessor rate than the driver ' s education program. The school will be issued the six keys and will be charged the $7 .00 price for each key. The key lock number will be LK6734. A-t the end of the summer driver' s education program the City and the School District will evaluate the cooperative effort and report to the School Board and City Council our findings . Alternatives 1 . Drop the idea of a cooperative use of the City' s bulk gasoline facilities with the School District . 2 . Set up a cooperative procedure allowing the school the use Lhe City ' s bulk gasoline facilities for the 1983 summer driver ' s education program. Recommendations I recommend Alternai:ive No. 2 . Council should also be aware that the Public Works Director, who is willing to help set up the cooperative trial period, did express concerns about_ lon; i_erm Joint Use of City Bulk Gasoline by School District Page Two June 23 , 1933 problems that might be created if there. are gasoline shortages and the City is put on an allocation program as has happened in the past . I have also spoken briefly with the City Attorney and our insurance agent and we agreed that we should require the school to have the ,City named as an additional insured on the school ' s insurance policy for use of self service gas pumps at the Public Works Building on Gorman Street . Our insurance agent also handles the School District ' s insurance and has already initiated action to implement this requirement . Action Requested Direct the City Administrator to send School District No. 720 a letter outlining the procedures under which the City will permit the School District to use the City' s bulk gasoline facilities for the 1983 summer driver' s education program, said letter to be acknowledged by the School District and filed by the City. JKA/jms MEMO T0: John K. Anderson, City Admin. 13 FROM: Judith S . Cox, City Clerk'. , RE: Easements For JEJ Drainage Improvement . DATE: May 17 , 1984 INTRODUCTION: Easements necessary to permit the JEJ drainage improvement have been obtained by the Engineering Department . After execu- tion by proper City Officials , they will be properly recorded . BACKGROUND: It is necessary that the three easements , see example attached, be executed by the City because the City is agreeing to install underground pipes and to keep all drain pipes in working order . Although the Council has already ordered the improvement , it is still appropriate that City Officials be authorized and directed to sign the easements agreeing to the construction. RECOMMENDED ACTION: Authorize proper City Officials to enter into an easement agreement for the JEJ drainage improvements with Jeffrey and Mary Jasper, Darwin and Arliss Gilbertson, Farmington-Shakopee Associa- tion, Inc . , Thomas and Elizabeth England, William and Elizabeth Baker, Everill and Corlyce Hene , Jerome and Annella Manden, and John and Delores Clay. JSC/bn EASEMENT AGREEMENT WHEREAS, under date of May 27, 1975 the City of Shakopee and the Chicago, Milwaukee, St. Paul and Pacific Railroad Company entered in a written agreement whereby the railroad granted to the City permission to canter upon its right-of-way in the Northwest Quarter of the Northwest Quarter of Section 8, Township 115, Range 22 West, Scott County, Minnesota in order to correct certain drainage problems. In consideration for the granting of this permission by the railroad the City agreed to construct and maintain a drainage ditch and two storm sewer outlets and surge basins and to secure and maintain an outlet from the right-of-way of s,1i_d railroad Lo County Road 16 northerly of the railroad right-of.-way, and WHEREAS, since the execution of said agreement the railroad has abandoned operation over the tracks and right-of-way and has disposed of it.s .interest in said right-of-way, and WHEREAS, the drainage problem thatled to Lhr "liking, to said previous agre'eme'nt still prevails and it is the desire and intention of all parties hereto to enter into this new agreement ; NOW THEREFORE, in consideration of the premises and of the covenants herein contained, this agreement is made and entered into the day and year hereinafter written by and between the City of Shakopee hereinafter referred to as the"City" and the following named parties hereinafter referred to as the"owner_s" all of whom are the owners of certain property hereinafter described, to-wit: Thomas R. England and wife Elizabeth H. England, William H. Baker and wife Elizabeth L. Baker, EtYerill Hene and wife Corlyce Hene Jerome R. Menden and wife Annella R. Mend John H. Clay and wife Delores E. Clay all being owners of the real property described in A which is attached hereto and made a part hereof. NOW THEREFORE, in consideration of the premises and of the covenants herein contained, it is agreed by and between the said owners and the said City as follows; , 1. The owners hereby grant to the city the right, license and privilege to i enter upon the- land described in Easement A hereto attached for the purpose of regrad- ing said property and installing such necessary improvements that, in the sole discretion of the city, will properly drain the area and the owners hereby warrant that said property is clear from any mortgage or other interests herein,and if not, the mortgagee or other party of interest has joined in the execution hereof together with the owner. 2. The owners hereby release the city from any and all obligations under and pursuant to the agreement of May 27, 1975. 3. The city agrees with the owners to install underground pipe from the existing terminus of the present 2 storm sewer outlets to a point north of the former right-of- � way land of Taid railroad described in said Easement A and further agrees to install underground drains north of Lots 13 and 14, Block .5, JEJ Addition, Scott County, Minnesota, and where necessary to secure additional drainage easement . 4. The city agrees that it will endeavor at all times to keep all drain pipes open and in working order and free from clogging or evidence of disrepair and that all work done hereunder will be done in a good and workmanlike manner and the surface will be restored as near as maybe. 5. It is mutually agreed by and between the parties hereto that this agreement shall be binding upon them, their heirs, assigns and successors. 1N TESTIMONY WHEREOF the parties have hereunto executed this agreement as of this day of , 1984. THE CITY OF SIIAKOPEE, A MUNICIPAL CORPORATION Administrator City Clerk STATE OF MINNESOTA) )ss The foll wing own s: COUNTY OF ` ) The foregoing instrument was _ `Phomas R. -n and acknowled ed befpre me this day of 'tA-C , 1984, by lbeth ,if:�, gland Thomas R. England and Elizabeth N'. .�, J ,2 England. •-�> Will.lain ll. Baker Not ry Public, �y 1---- — flizab h L. Baker State of Minnesota) )sspej, County of-Sro+t ) -Eyere-+i Hene The foregoing instrument was acknowledged before me this_S day of "'q re4 _, 1984, by Corlycel Ilene William H. Baker and Elizabeth L. Baker. erome R. Menden Not ry Public STATE OF MINNESOTA) Annella K. Menden )s s /J COUNTY OF 6e-&TY' The foregoing instrument was John ii/ Clay acknowled•$ed .b fore me this day of MSW 19845 by Everell Ilene and Corlyce Hene. Delores E. ClayPA, No ary Public STATE OF MINNESOTA) )ss COUNTY OF --,C4W The foregoing instrument was _ y � ,,o. �,wYt acknowledged be ore me this �s ' ? f ;'y day of I�uv� 1984, Jerome R. Menden and Annella R. Menden. $}. r" i`p I�lt �!",IrV Nota r Public f STATE OF MINNESOTA) )ss COUNTY OF SCOTT ) The foregoing instrument was el acknowledged bZfore me this _Z"` a o �t�+�-�c 1984 b on .- av-zrzrd- 1 o res I�. J „, k C �C� c CGS- tv w 00 0000 0 0 0 V o 00 co 00 00 00 00 0 00 0 0 0 w N P, P. 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(D W (D (� w c) o z (� = O G _ _ _ _ _ = W (D rt (n rn • _ _ _ _ _ _ c - - 0 c o � H• c� Cl) (D cr)W - - - - - =ov O n o z u 0 z Li Ln" v In In W In N L� N r 4- In %D �D In In In O l` H N 00 O a\ O 00 w rn p v o 0 In Ln lrn Ln In 7C Ln In In In Ln 00 i-n zo 1310 MEMO TO: Mayor and Council FROM: John K. Anderson, City Admin. RE: Procedures for Handling Damage Claims/Sewer Back-ups . DATE: May 17 , 1984 INTRODUCTION Recently two citizens appeared before the Shakopee City Council regarding damage their homes sustained because of a sewer back-up in a City sewer main. The result of the dis- cussion between City Council and the property owners , Mr . Miller and Mr. Luebke , was a compromise in which the City paid the clean-up bill presented to the homeowners by Charles Fonder Co. because the City street employee at the site of the back-up suggested that the property owners contact Mr . Fonder and send the bill to the City. The matter of paying for additional damages to the property was left to the Court System in accordance with current City Policy No . 50 regard- ing their damage claims . City Council was not totally satisfied with this alternative and asked City Staff to prepare a report outlining the pros and cons of various policies the City might apply in damage claim cases . PROBLEM The key to the problem is for Council to clearly determine the role it wishes to play when it is confronted by a citizen with a damage claim. Presently, the homeowner finds that his own insurance will not cover water damage . This means that if the City policy is to pay only when the City ' s Insurance Co . finds negligence , the homeowner must pay in all other circum- stances . City Council has asked the question of itself , "Are we in some way responsible for helping the homeowner with the cost of clean-up when the City is not negligent"? Clearly, this question requires that City Council define the role it wants to play when confronted by citizens who have experienced unusual expense where some involvement of City facilities is apparent . There seem to be some clearly defined role alternatives : 11 Council can take the role of insurer of last resort . In this case , the Council would respond by always paying damage claims not covered by insurance . 21 The Council can take the posture of paying only when negligence is proved. This role is the current role played by City Council and the City ' s Insurance Agency which hires a Professional Adjuster to make the negligence determination. � 3 � Procedures for Handling Damage Claims/Sewer Back-ups . Page 2 May 17 , 1984 31 Council can take the role described in No . 2 above but act as its own Insurance Adjuster or appoint a committee to act as the Insurance Adjuster. In reviewing the actions Council might take to fill the roles as defined above , certain questions immediately come to mind. 1 ] Does the City, or any City, have a legal obligation to pay for damage claims where the issue of negligence has not been resolved in the citizen' s favor? The attached letter from Peter Tritz of March 1 , 1984 from the League of Minnesota Cities clearly indicates that the City has no legal obligation to pay in cases where it is not found to be negligent . 21 Does the City, or any City, have a moral obligation to the property owner making the damage claim? The letter from Peter Tritz indicates that the League of Cities , representing about 140 Cities through the League ' s Property/Casualty Insurance Program, feels there is no compelling moral obligation to pay damage claims when a City is not found to be negligent . I have discussed this issue with Duane Shuck, the City of Bloomington' s Risk Manager . His letter of March 2 , 1984, clearly in- dicates that Bloomington does not make payments . Pay- ments in Bloomington are only made by the Insurance Co . when the Co . determines that the City has been negligent . I also spoke to Lou VanHout , Shakopee Public Utilitie ' s ( SPUC ) Manager, regarding this matter . He stated that their policy was the same as Bloomingtons , i . e . , to make pay- ments when the Utility is negligent in its water or electrical operations , but to offer no assistance in those unfortunate situations where damage has been sustained by a property owner because of a SPUC facility when SPUC has not been negligent . The City operates its sewer fund as an enterprise fund much like SPUC operates its water and electrical utilities . 3 ] Can the City make payments for property owner damage when there is no finding of negligence if the City Council chooses to do so? We have not sought a specific answer to this question; however , I believe that the last sentence in the letter from Peter Tritz properly characterizes such a payment as a gift . I don' t believe the City cur- rently makes gift payments in any other areas of its operation. Peter Tritz said such "gifts" are illegal ! Procedures for Handling Damage Claims/Sewer Back-ups . Page 3 May 17 , 1984 41 How would the City finance a self-insurance program to make payments not covered by the City' s or property owners Insurance Co . ? The City would establish a self- insurance fund in the form of a reserve account within the ewer und . By Council action Council would decide when to expend the funds or could establish some policy that would allow Staff to expend the funds in the bulk -of the cases . 51 How would the City Council , or an appointed committee , go about making decisions on payment of City self- insurance funds to property owners making damage claims? This is a practical question, and a tough one . Either the committee (or the Council ) would have two clear-cut extremes .The committee could always say yes and make the payment or the committee could always say no and thus by default leave it to the City' s Insurance Co . to determine negligence . If the committee were to make decisions on cases falling between these two extremes , it would have to establish some criteria on which to base damage claim payments . This is where the problem becomes difficult . Would the criteria be based on minimum or maximum payments , on circumstances regarding the damage incident that indi- cated lack of attention by the City Staff operating the facility causing the problem, or would the decision be based on the hardship suffered by property owners with a limited means to pay for the damages? Frankly, I see no clear answers for Council here , only a quagmire for either Council or an appointed committee . REVIEW OF CURRENT POLICY After wrestling with the alternatives and questions listed above , I think it is useful to call Council ' s attention to our current policy. Policy No. 50 is attached and is dated September 14, 1981 . Department Heads had a discussion about the handling of such claims on September 2 , 1981 . After that discussion, this policy was drafted and was reviewed and accepted by Department Heads at their September 16 , 1981 meeting. City Council received a copy of the policy at its October 6 , 1981 meeting in the infor- mational packet . Councilmembers were asked to hang on to the policy to use it when responding to property owners that might call because of damages they had experienced due to City facilities . This policy was discussed with the Capesius Agency , Inc . before it was typed and adopted . In addition, I reviewed the policy with Jim Richards of Trans America. 1 Procedures for Handling Damage Claims/Sewer Back-ups Page 4 May 17 , 1984 Mr . Richards explained that there are numerous potentials for damage to homeowner ' s insurance policies . Water damage is the one we have discussed, but in addition there is no insurance for mud slides , freeze thaw problems, boulevard tree damage or earthquakes . In part , insurance companies have stayed away from any coverage which would amount to maintenance insurance . A comprehensive auto insurance policy does not cover the automobile owner when the engine blows up. While this is unfortunate and expensive , insurance companies simply do not cover this type of damage . In these cases , the maker of the automobile , or the property owner ' s repair shop, might be drawn into the issue much like the City is drawn into a sewer back-up problem. Again, an auto manufacturer or auto repair service is not going to auto- matically say yes we ' ll pay. In fact , normally they do not pay unless the owner can prove that they were negligent in some fashion. City Staff members and Councilmembers find Administrative Policy No. 50 difficult to live with , and that is a natural reaction. When someone you know experiences a $5 ,000. 00 damage problem that they had no control over our sympathetic reaction is to find money from a source which is more capable of paying the loss without being financially hurt . The problem is , how will Council react if the damage claim is $100. 00 and how should Council act if the damage claim is $50, 000. 00? Clearly a pro- cedure or policy should be established that would be applied to all three cases . Court case law, the League of Cities , the City of Bloomington, and the experience of insurance companies that have handled thousands of such cases all lead back to a policy similar to our Policy No. 50 . ALTERNATIVES 11 Maintain the present City Administrative Policy No . 50 as the City' s procedure for handling damage claims . This policy is workable , legal and practical but some- times uncomfortable to enforce when property owners suffer damages because of unfortunate circumstances . The circumstances may be clearly beyond the City' s control , like a pamper caught in a brand new sewer that backs up sewage in several homes , or it may be unclear whether the City was in some way culpable for the damage which occurred . In the latter case , when the City is found to be negligent by a Professional Claims Adjuster, the property owner will get relief from the Insurance Co . , not the City. Likewise , if the property owner can have the Insurance Adjuster ' s decision over-ruled in Conciliation Court , the City' s Insurance Co. again will pay. The cost of filing a claim in Conciliation Court is $10.00 plus the homeowner ' s time . No Attorneys are required. Procedures for Handling Damage Claims/Sewer Back-ups Page 5 May 17 , 1984 21 Modify or change Administrative Policy No . 50 and provide a procedure by which City Council and/or an appointed committee would sit in judgement on damage claims brought before it by City property owners . If this alternative is selected , Council will have to establish criteria for decision-making, a fund to fund claims paid by the City , and a policy requiring City employees to inform all property owners damaged that they have the right to take their claim before the Council or the committee . Without the last step, a step not discussed earlier in this memo , there is a high potential for uneven administration of this policy. Clearly, the City can probably afford this policy if it sets aside a self-insurance fund . But , the City would be unable to find an insurance company to provide catastrophic insurance for claims payed by the City in which the City was not negligent . Thus some exposure might exist if the City establishes a pattern of making claim payments on smaller claims . This policy will clearly enable Council to assist unfortunate property owners in cleaning up and fixing up damage in situations where the property owner feels that as a utility payer and tax payer the City should provide no-fault insurance for damages that result from the connection of the owner ' s property to public facili- ties . Would this policy be extended to cover wheel alignment repairs when a citizen hits a partially bad pothole in one of our streets? Would it cover a boulevard tree falling on and damaging a citizen' s uninsured car? RECOMMENDATION I recommend Alternative #1 because it is the policy supported by the Court , the League of Cities and large Metropolitan Cities like Bloomington. The policy works and does not require that City Council sit in judgement of its own actions in the management of City-owned facilities . There are 140 Cities insured by the League Policy that have allowed the League to administer damage claims as outlined in Administrative Policy No. 50 . The vast majority of these cities and small communities in which , like Shakopee , City Staff and Councilmembers know personally the un- fortunate property owner when a claim is made . ACTION REQUESTED Pass a motion reaffirming Administrative Policy No . 50 establishing procedures for handling damaged claims and prepare a letter for City employees to hand to citizens that outlines City policy and thus avoids the situation in which the City can incur liability by the statements of an employee who is responding to an unfortunate situation in which some homeowner has experienced property damage . JKA/bn N CITY OF SHAKOPEE INCORPORATED 1870 129 E. First Ave. - Shakopee, Minnesota 55379-1376 (612) 445-3650 TO: City Sewer Customers FROM: John K. Anderson, City Admin. RE: Sewer Damage Due to Sewer Back-ups . DATE: May 29 , 1984 The City of Shakopee has insurance coverage to reimburse residents for property damage and clean-up costs arising from a sewer back-up due to defective equipment or inadequate maintenance procedures . Such reimbursement will be made only if our insurance investigator determines the City to be negligent and thus liable for the back-up . Otherwise , the resident or his/ her insurance will be responsible for any damage or clean-up costs . Losses due to vandalism or tampering with City facilities are not subject to reimbersement by the City ' s insurance company, Questions regarding liability claims should be directed to the Capesius Agency Office' at 445-1922 or to John Anderson, City Administrator at 445-3650. If professional clean-up assistance is desired , the resident should call a cleaning service . The following businesses are those known to provide 24-hour clean-up services to the Shakopee area and can be found in the Yellow Pages of the Telephone Directory: C-Fonder Cleaning Systems 1167 Madison St . Shakopee , MN 55379 (445-4056 ) Service Master of Shakopee 333 E. 6th Ave . Shakopee , MN 55379 (445-5233 ) George ' s Cleaning and Carpet Service 2500 Strunk' s Rd. Jackson Township (445-4986 ) The H c c2 rt O t P r O g r e s s V� Q l l 0 1/ JKA/bn An Equal Opportunity Employer M E M O R A N D U M TO: John K. Anderson, City Adminis*t6' FROM: H.R. Spurrier, City Engineere RE: 1984 Curb & Gutter, Sidewalk & Apron Replacement Program DATE: June 1 , 1984 Introduction: The issue of handicapped ramp installation was raised in 1983 , but no clear policy evolved from the discussion. Background: Some curb and sidewalk replacement is at corners where handicapped facilities do not exist . Ordinarily the curb or the sidewalk is bad. Usually both facilities do not fail together . If handicapped ramps are systematically installed throughout the City, and they should be , it is difficult to coordinate that replacement because the curb and walk do not fail simul- taneously. One or the other must be replaced even though it has not failed. Therefore , some policy needs to be established covering the funding of such replacement so that handicap ramps may systematically be installed throughout the City. Several cities were surveyed to determine what policy might exist for replacement . Some had a Citywide program concentrating effort on major streets , while others included it in the rehabilitation program. There are three alternative ways to address installation of handicapped ramps . 1 . Do not install or require the installation of ramps unless both the curb and sidewalk are replaced simultaneously. 2 . Require the installation of ramps whenever sidewalk adjacent to the corner is removed and replaced. Such cost being paid by the property owner. 3 . Require the installation of a handicapped ramp, but the additional cost of ramp construction would be paid by the City. Alternate one would mean that handicapped ramps would not be installed in the City because the curb and sidewalk do not fail simultaneously, and such ramps would only be installed at the time of major rehabilitation work. �3$ r 1984 Curb & Gutter Page -2z-- Alternate 2.Alternate two would result in the elimination of sidewalk replace- ment near intersections because the property owners would be reluctant to pay the additional $135 . 00 required to install handicap ramps . The last alternative, which specifies that the City pay the additional cost of ramp installation, will result in the systematic replacement of curbs with handicapped ramps . It would mean that the City would pay approximately $135 .00 of the cost of ramp construction. In 1983 there were six corners where handicap ramps would have been installed if the City had clear policy regarding the in- stallation. In my view the handicap ramp installation is an excellent program and I would recommend that the City adopt a policy of paying the additional cost of ramp installation where sidewalk is removed in a corner. Action Requested: Direct staff to draw up an administrative policy providing for City payment of the additional cost of handicap ramp installation where sidewalk is replaced in a corner radius . The cost of this construction would be paid out of the Street Maintenance Budget . HRS :cah lar MEMO TO : Mayor and City Council FROM: John K. Anderson , City Administrator RE: Staffing the Cable Communications Advisory Commission DATE: June 1 , 1984 Introduction Staff is asking that City Council consider hiring an additional employee , one-half time , to monitor the Company ' s compliance with the franchise ordinance and staffing the Cable Communications Advisory Commission . Background Recently , Jeanne , Judy and I began thinking about the desirability of hiring an individual to take on the responsibility of monitoring the Cable Company ' s compliance with the franchise ordinance . Because Chaska has a cable franchise with the same company as Shakopee , the City Administrator in Chaska was contacted and it was learned that they too are exploring the desirability of hiring an individual . Chaska , however , was looking for someone to promote the use of CATV access for programming . Now with the resignation of Chaska ' s City Administrator , they too may be interested in hiring someone like Shakopee since the City Administrator handled it all before. For this reason I will be talking to the Cable Commission June 11th ( letter attached ) . Staff felt that it would be more desirable to have someone working one-half time in each community with the same job responsibilities rather than two separate individuals working in each community each becoming familiar with federal , state and local laws and keeping up with changes in the law and keeping abreast of the cable industry . To do justice to the monitoring of the Shakopee Cable Franchise Ordinance , Jeanne , Judy and I believe that more staff time is needed than what current staff can provide . Therefore , we are asking at this time to move up the schedule for hiring someone to perform this job. The cable budget prepared for the FCC franchise fee waiver for year three , 1985 , provides for hiring a person 3/4 time . If someone is hired six months early at one-half time and remains one-half time in 1985 rather than 3/4 time , it will be a wash . As an alternative , if the individual should go to 3/4 time before the end of 1985 , it would just be a little longer before the cable budget would be in the black. Our 1984 expenses are in the red until the 1984 franchise fee is received from the company in January of 1985 . If the budgeted expenses and estimated franchise fee are accurate , the cable fund will have + $17 ,035 .27 to start the new year of 1985 . Expendiutures Revenues Balance 1983 $ 7 ,423 (actual) $ 5 ,873 .48 (actual ) - $ 3 ,837 .73 recd . Jan . 1984 ( includes negative balance carried over from previous years ) 1984 $10,677 (City $31 ,550 .00 ( projected ) + $17 ,035 .27 Council in porforma budget) due Jan . 1985 1985 $42 ,000 (FCC $42 ,400 .00 + $17 ,035.27 budget) due Jan . 1986 It is proposed that each community fund $7 ,000 towards the salary for a temporary employee which would be $12 ,500 + FICA and PERA , for the first year . After one year we would evaluate how things are working out and whether or not to continue with the same arrange- ment , and Chaska wishes to evaluate whether or not to continue the position at all . We would advertise that the position is temporary and will be evaluated after one year. The Chaska Cable Commission and Council will be meeting June 11th and we can report on their discussion at the Shakopee Council meeting on June 12th . If Chaska doesn ' t want to jointly hire someone we recommend hiring someone half time anyway because of our local needs . Alternatives 1 . Status quo - with the understanding that current staffing is less than desirable . This would allow us to "get by" at the expense of the person now staffing the Cable Commission . 2 . Share hiring with Chaska - one-half time in each community - it will be 1986 before cable expenses will match income . This alternative would only accelerate current staffing plans by six months and would allow us to get someone who would really be able to focus on the job . 3 . Hire a full time person for Shakopee to devote one-half' their time to cable and one-half their time elsewhere - no money budgeted elsewhere . This would likely be an admin- istrative assistant or administrative intern , who would take on other assigned general administration jobs. Recommendation Staff recommends alternative number two whether or not Chaska is willing to share a cable person with Shakopee ( proposed job description attached ) . Action Requested Authorize and direct staff to work with the City of Chaska in recruiting an individual to work full time for Chaska and Shakopee , one-half time in each community , on the cable needs of each community or one-half time in Shakopee . JKA/jms CITY OF SHAKOPEE INCORPORATED 1870 129 E. First Ave. - Shakopee, Minnesota 55379-1376 (612) 445.3650 �! May 30 , 1.984 xr t Mr. Bill Radio Chaska City Hall 205 East 4th St . P.O. Box 116 Chaska , MN. 55318 Re : Future Staffing Plans For Cable Advisory Committee . Dear Bill : As we discussed today , the City of Shakopee ' s staffing needs are changing and the City needs to consider seriously finding someone to staff and/or administer our Advisory Cable Commission. We have been on a six-month trial basis with our City Clerk staffing the Cable Commission , and she has indi- cated that she would like to end the trial period by having someone else staff the Commission. The City Council will be reviewing the results of our six-month trial period and a request from Staff to use cable revenues to hire some sort of Administrator on a part-time basis to take over the functions the City Clerk has been responsible for. She will be involved in establishing a brand new automated election system this Summer and Fall in cooperation with Scott County. We would like to have someone on board by that time . I understand from our conversation that the Chaska Cable Commission was initially looking for a person to promote cable programming, and that they tabled any decision regarding that position until this Fall . It occurred to me that because you will be leaving as City Administrator, and because you have been staffing the Chaska Cable Commission , that the Commission might consider a new alternative that would provide the City with a Cable Administrator similar to the one Shakopee will be seeking. I realize that the time table Chaska has established does not coincide with the time table Shakopee has in mind; however , I would like to appear before your Cable Commission at your regular June 11th meeting to discuss this new alternative . I have attached an example position description and Newspaper Ad to provide you and the Commission with some idea of the type of person we will be seeking. If this person could be hired to The H e a r t of h r o Q Y e s s Vi' a 1 / i' l/ An Equal Opportunity Employer - I � 2 Future Staffing Plans For Cable Advisory Committee . Page 2 May 30, 1984 work half-time in Shakopee and Chaska in administering and regulating the Cable Ordinances the two communities have with Zylstra-United, I believe it could work to the advantage of both communities and Zylstra-United . Please contact me so that I can set aside a specific time for your June 11th Cable Commission meeting. Sincerely , John K . Anderson , / City Administrator JKA/bn Att . cc : Judith S . Cox, City Clerk . P0SITION_---RE-SCRIPT-10 Position Title F.xF;CU'rlvE DIFZF.C•roR NORTHWrST SU13URBS CAi3I,F: CO;;t•tUNICATIOIJS COMMISSION Position Objective To coordinate the activities of the Northwest Suburbs Cable Com- munications Commission ; to act as liasion between the Commission , cable company, and the public; and to coordinate activities of the Community Access Corhora,tion . Duties and Responsibilities ` -- Provides community contact for the Commission . -- Oversees construction and operation of the cable system to see that it conforms to the franchise ordinance. Handles citizen complaints about service and construction'. Promotes the use of community access , talks to various civic a groups about cable t . v. -- Works with the State Cable Board, Commission Attorney, and area legislators on cable t.v. legislation for the commission . -- Hires staff, prepares budgets. -- Oversees the preparation of agenda , minutes and other business for the Cable Commission and Community Access Corporation . -- Attends all board and commission meetings . -- Works to obtain grants and funding for the Community Access Corporation (C.A.C. ) . -- Assists in the preparation, writing and production of program material for the Public Access Channels for the Community Access Corporation (C .A.C. ) ik i n - 1 tJ APPROVED DATE SUPERSEDES ISSUE DATED r i ADMINISTRATOR Southwest Suburban Cable Commission Immediate opening for individual to serve as Administrator for Cable TV franchise. Responsible for organizing and coordinating the activities of cable commission , acting as focus and contact for cable-related concerns of the public, complete administrative functions , including budgeting, grants , and various reporting documents , public speaking, i project and program planning and mediation of cable-related conflicts . Desire Master ' s Degree in Public Administration, Business Administration, Mass Communications or closely related field and relevant job experience . Send resume and salary requirements to Personnel , City of Richfield, 6700 Portland Avenue South, Richfield, MN 55423 . For additional information, call 869-7521 (X210/211) . Closing date is Friday, August 6 , 1982 . AN EQUAL OPPORTUNITY EMPLOYER Mpls . Sunday Tribune , 7/25/82 �� U 135 MEMO TO: Mayor and Council FROM: John K. Anderson, City Admin. RE : Secretarial Staffing For City Hall . DATE: May 31 , 1984 INTRODUCTION Last Fall we rearranged Secretarial assignments and relo- cated one Secretary . We entered into this new arrangement on a trial period basis and have been evaluating it over the past six months . The trial period evaluation has been complicated because one Secretary has left , one Secretary took an extended pregnancy leave , and the third Secretary took a previously planned extended vacation. We have been working with the three Secretaries who would be the permanent Secretaries now for more than a month and some of the problems we experience because of the reassignment of staffing duties have not gone away. The problems have not gone away even though City Hall employees have worked hard to make the new assignments and locational changes work. Employees have done this because they generally prefer the new arrangement . PROBLEM During the trial period Department Heads met periodically to address problems and gliches in the new arrangement . Nearly all of the problems have been resolved with the exception of the work overload on the Secretary shared by the Building Official and the City Engineer. On May 30th , the Department Heads in City Hall met again to react to the concerns expressed in the Building Official and City Engineer ' s letter of May 25 , 1984 (attached) . Everyone was in agreement that the overall change has been successful , that the Secretarial duties as now assigned were working with the one exception of the work overload on the shared Building and Engineering Secretary . The overload is most dramatically illustrated when one reviews the Secretary' s time- sheets and finds that the Engineering Department is receiving from one-fourth to one-third of her time . Clearly this is inade- quate . ALTERNATIVES City Hall Department Heads have discussed numerous Secretarial configurations that could be considered as alternatives . These included sharing Secretarial duties differently so that one Secretary would not be working for Building and Engineering. The alternatives discussed also covered numerous combinations of full and part-time Secretarial staffing and locational placement within the City Hall Building. Constraints dealt with included the need to have someone handling telephones with a back-up, someone handling walk-in traffic with a back-up, flexibility so Secretaries can leave their desk for copying, filing and use of word processing equipment . These problems were all compounded by the physical constraints of the current City Hall Building. X35 Secretarial Staffing For City Hall . Page 2 May 31 , 1984 One of the key considerations in determining staffing was the status of current staffing. In 1983 , the City had three full-time Secretarial positions budgeted . In 1984, the City budgeted 2-3/4 Secretaries to accommodate Jeannette Shaner ' s pregnancy leave and help financially with the budget . With the economic upswing in housing and the Racetrack the City has been operating with 3-3/5 Secretaries since Jeannette Shaner returned from pregnancy leave . This increase is not permanently fixed because we are only obligated to 2-3/4 Secretarial_ time in terms of permanent employees . The additional employees are from Holly ' s Temporary Service and shared use of the Chamber Secretary for 8 hours per week. All of the City Hall Department Heads agreed that the three permanent Secretaries (one scheduled at 3/4 time ) are excellent and we do not want to lose any of them. Therefore , only two alternatives were given serious consideration by Department Heads involved. 11 Hire one full-time Secretary by replacing the temporary Secretaries which would bring our Secretarial commitments to 3-3/4 Secretaries . This alternative was rejected by Department Heads because it lacked the physical flexi- bility needed to cover all of the unusual constraints listed above . 21 Hire another permanent part-time Secretary . If this person were brought in at 3/5th time , the toal permanent commitment to Secretarial Staffing would be equivalent to 3-1/5th Secretary. This alternative provided us with the flexibility of placing one Secretary in Engi- neering and one in Building. The Engineering Secretary would be permanent part-time and the Secretary in Building would be out front carrying on all of the duties listed in the second to the last paragraph of Page 2 of the attached memo dated May 25th. Of those duties listed finance receipting, central files , alpha-files and walk-in traffic provide services to all Department Heads in City Hall . RECOMMENDATION As we stated when we increased our staffing to 3-3/5ths time when Jeannette Shaner returned, the City will receive roughly $250,000.00 in Building Permit income in 1984. This clearly pro- vides us with the revenue to increase staffing during 1984 which may well be a peak year because of the Racetrack. Staff recommends alternative #2 with the addition that the present full-time Tem- porary Service Secretary be maintained through the month of August . This is essential because it will allow the permanent part-time f3S Secretarial Staffing For City Hall . Page 3 May 31 , 1984 Secretary hired for Engineering to spend all of her time learning the Engineering tasks without numerous other distracting respon- sibilities . In August we can evaluate staffing needs and dis- continue the temporary help or continue it for one or two addi- tional months if the Racetrack demands warrant it . In either case , we will have the revenues to cover this staffing level . The attached job description lists the functions of the Secretary that would serve the Engineering Department . ACTION REQUESTED Authorize the appropriate City Officials to advertise for one permanent part-time Secretary within the Pay range established for Secretaries in the 1984 Secretarial Pay Plan. The Secretary being hired will be assigned to the Engineering Department and will work 3/5ths time or 24 hours per week. JKA/bn Att . - ' 3S M E M O R A N D U M TO: John K. Anderson, City Administrator FROM: LeRoy Houser, Building Official H.R. Spurrier , City Engineer RE: Secretarial Help DATE: May 25 , 1984 Introduction: It isn' t working. Background: A few months ago in the spirit of cooperation, we agreed to em- bark upon an experiment in sharing secretarial help in the interest of cost cutting. Before entering into this experiment , you assured us you would review the situation periodically to see if it was a viable solution to the money problem shortfall we were experiencing. Twice I have told you it is not working. Bo, the last time , apparently did not agree with me and decided to try to go the extra mile for the City' s sake and tough it out a little longer , hoping it may eventually work out . Now, Bo is also convinced it cannot work and it does not work. Listed below are the reasons why it won' t and doesn' t work. 1 . My radio doesn' t get answered half the time because Cora is working upstairs . 2 . Both of our messages are in error quite often when Cora doesn' t get them. 3 . The workload is too great for Cora to handle both of us , especially during our construction season. 4. Priority items for both of us are a problem. I need things done at the same time Bo needs things done . 5 . Walk-in traffic is a problem. They are not being serviced in the timely manner they should be when Cora is not at the desk. 6 . Inspection messages are being left on my desk when Cora is upstairs and I am out on inspections . I should be contacted regarding them on the radio. 7 . Engineering files are not current because Cora is spread too thin. 8 . Insufficient time for Cora to learn Engineering procedures resulting in delays to legal notices . 9 . Engineering Dept . workload being subordinate to Building Dept . priorities and vice versa as we each see it. 10 . Building Inspector and City Engineer have to undertake secretarial tasks because secretary was unavailable to perform tasks due to being tied up with Inspector or Engineer . 3 5 My busy season is about a week away. I need Cora at the desk to schedule inspections , issue permits , channel walk-ins to the right departments and to generally coordinate the operation of the Building Dept . Bo is entering into his busy season and faces these same problems . We are about to receive more permit money than any other year on record. It is not an appropriate time to weaken either one of our departments . We both want to make it clear, the reason it is not working is not because Cora is not competent , willing or trying, it is because the demand is too great and no matter how we rearrange , cross train or backup, it won' t work. We gave it our best shot , let ' s solve it , forget it and move on to other problems to solve . Both Bo and I are in agreement Cora should return to regular duties , i .e . , building, finance receipting, permits , central file, alpha file , CRV' s , walk-in traffic , monthly reports , etc . Walk-in traffic requires more than talking to people and shipping them down the hall . She has to answer many questions , run off maps , find legals and sometimes calm angry people when none of the dept . heads are here to listen to complaints . �/9/� POSITION DESCRIPTION c POSITION : Engineering Secretary DEPARTMENT : Engineering .��" RESPONSIBLE TO : City Engineer Primary Objective of Work : This position is responsible for performing the Secretarial and Clerical tasks required by the City Engineer a-m - 4ty-4%n Ter. Examples of Work: Manages the routine elements of Minnesota Statutes Chapter 429 Special Improvement Districts by preparing schedules, notices, documents, mailings and then monitors the progress of the individuals districts. Maintains the ledger of Engineering Department accounts receivable and other accounts. Monitors all purchases, verifying that proper purchasing procedure is used. Maintains all Engineering Department letter files, project files and special files. Types text, numeric tables, legal descriptions and other documents from copy, general instruction or machine dictation. Knowledge, Skills and Abilities: Have an ability to maintain accurate alphameric, numeric and statistical records. Have an ability to prepare standard documents and correspondence from general instructions. Have clerical skills necessary to take machine dictation and type 55 words per minute. Have the skills required to operate ordinary adding machine. Desired Experience and Traininct : High School graduate with two years of Clerical and Secretarial experience. Vocational or business school training is desirable. M E M O R A N D U M TO: John K. Anderson, City Administr or FROM: H.R. Spurrier, City Engineer RE: Release of VIP Construction Ease e DATE: June 1 , 1984 Introduction: A temporary construction easement for the Shakopee Racetrack site used for the VIP sewer should be released . Background: Resolution No. 2272 releases the construction easement since construction is complete . Action Requested: Adopt Resolution No. 2272 , A Resolution Formally Terminating all the City of Shakopee ' s Rights Under and Pursuant to a Certain Temporary Construction Easement . HRS : cah Attachment RESOLUTION # A RESOLUTION FORMALLY TERMINATING ALL THE CITY OF SHAKOPEE'S RIGHTS: UNDER AND PURSUANT TO A CERTAIN TEMPORARY CONSTRUCTION EASEMENT. WHEREAS, The City of Shakopee has previously lawfully acquired a temporary construction easement over, under and across That part of the Southwest Quarter of Southeast Quarter of Section 5, Township 115, Range 22, Scott County, Minnesota described as follows: The South 625.00 feet of the East 20.00 feet of the West 50.00 feet of said Southwest Quarter, together with the East 50.00 feet of the West 80.00 feet of said Southwest Quarter lying north of the South 625.00 feet of said Southwest Quarter; and WHEREAS, The instrument creating said temporary construction easement neglected to establish a termination date for said temporary construction easement; and WHEREAS, The Shakopee City Engineer Henry Spurrier has advised the Council that aIL construction work on the project and in the area has been completed and that there is no further need for said temporary construction easement; NOW, THEREFORE, BE IT RESOLVED BY THE SHAKOPEE CITY COUNCIL, That the City of Shakopee does hereby release and surrender all of its interest and rights in and to the above described tract thatit received as as a result of and by virgue of the temporary construction easement above described. Passed in session of the Shakopee City Council held this day of 1984. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this lst day of June; 1984. ty Attorney MEMO TO: John K. Anderson FROM: Judith S. Cox, City Clerk RE: Regulating and Licensing Taxicabs DATE: June 1, 1984 Introduction: Pursuant to Council direction, the City Attorney has prepared Ordinance No. 147 regulating and licensing taxicabs . Action Requested: 1 ) Offer Ord. No. 147 , An Ordinance of the City of Shakopee Amending Shakopee City Code Chapter 6 entitled "Other Business Regulation And Licensing" by Repealing Section 6 . 22 entitled "Taxicabs and Drivers" and replacing it with a new Section 6 . 22 entitled "Shakopee Taxicabs and Drivers" as hereinafter setforth and by adopting by Reference Shakopee City Code Chapter 1 and Section 6 . 99 which Among other Things contain Penalty Provisions , and move its adoption. 2 ) Lift the 60 day moratorium on issuing taxicab licenses effective the date of publication of Ordiance No. 147 . JSC/tw i ORDINANCE NO.��j�� Fourth Series An Ordinance of the City of Shakopee Amending Shakopee City Code Chapter 6 entitled "Other Business Regulation. And Licensing" by Repealing Section 6.22 entitled "Taxicabs and Drivers" and replacing it with a new Section 6.22 entitled "Shakopee Taxicabs and Drivers" as hereinafter setforth and by adopting by Reference Shakopee City Cod,- Chapt.pr 1 <,red Section 6.99 which Among other Things contain Penalty "—(.-- i.s;ions lb'E CITY COUNCIL OF THE CITY OF SRAKO LL, 07-1 S. SECTION I REPEAL Shakopee City Code 6.22 is hereby bly --2 :;c, its entirety. _ECT100 II ShAKOtLE CITE' CGDE "TAXicABS AN1) DRIVERS`. A. Definitions The following words and terms, when used in this Sectic.n, st.<.il have the following meanings, unless the context c�eesrly ind:,-ates ot. rw.L--: PERSON - includes an individual, c, s ,: .z ati.ou ci utl ct legai u partnership, and any unincorporated zi,-;sociation. RATE CARD - a card issued by the City for display in each taxicab which contains the rates of fare then in force. TAXICAB - a motor vehicle regularly engaged in the business of carrying passengers for hire, having a seating capacity of no siore than seven paseengers and not operated on a fixed route. Also, It ria; include the carrying of small parcels and packages. TAXA" T_ER -a meter instrument or device attached tv a taxicab which irteasures mechanically the distance driven and the waiti.np time upon which the fare is based. B. TAXICAB LICENSE KEt2tiIKEi} 1. No person shall operate or permit a taxicab owned or controlled by him to be operated as a vehicle for hire upon the streets cf the City without having first obtained a license from the City, except as otherwise permitted under this section. 2. Any taxicab license to operate: in another political. subdivi.sio,. of this state may carry passengers to any place or point within the City; but neither the owner nor operator of such vehicle shall be permitted to solicit or pick up business within the City except.: (1) where a return trip to the political subdivision in w`tich t11c-t taxicab is 'licensed has been previously arranged, or (2 , s,..,>>n a taxicab is called Intu ;;hakopee by a fare that wishes to be taken to a political. subdivision in which thr taxicab is licensed. The Minne pu-1. s-St. Paul 11ILernational Afrpi rt -- Wold Chamberlain Field -- shall be deemed a political subdivision for the purposes of this Section. 3., There shall be apresumption that the owner or operator of any taxicab not licensed in the City who carries or piers up passengers within the City is operating in violation of this Section , at-,d t'he 1,tirdop :iliall t)e upun the owner or operator of such taxicab to prove that. 1'ii = ac.t:ivitics are per�iitte.d under the exceptions provided it ,u`)section (2) of this Soctiov. C. t PPLICATION FOR TAXICAB LICENSE Application shall be filed with the City Clerk upon forms provided, and said application shall furnish the following: 1. The name, date of birth, and address of the tpnlica.n+ . 2. The financial statutes of the a! pl..tcant , lir.ly.<1if all unpaid judgments against the applicant duel thO, cI ,=;,• a ,�{ rt" t<.t,i-�7ti or acts giving rise to said judg.men . 3. The experience of the applicant in the transportation of passengers. 4. Any facts which the applicant believes tend to Prove that public convenience and necessity require the granting; of e l.j.cense. 5. The number of vehicles to be operated or controlled by the applicant, the location of proposed depots and terminals, the owner of s-tial vehicles, and the license number of each vehicle. 6.. The color scheme or insignia to be used to designate the vehicle or vehicles of the applicant. 7. A statement signed by the applicant indicating his understanding that falsi- fication of any item on the application is sufficient reason upon which to base a denial of said license or termination thereof. 8. Such further information as the Council may requl i e. D. PUBLIC HEARING Upon the filing of an application, the City Clerk shall set a time and place for a public hearing before the City Council . Notice of such hearing shall be given to the applicant and to all licensees. Due notice shall be given in the legal newspaper at least ten days prior to such hearing. E. ISSUANCE OF TAXICAB LICE14SES 1. If the City Council finds that further taxicab service in the City is desirable for the public convenience and necessity and that the applicant is fit, willing, and able to perform such public transportation and to conform to the provisions of this section, the City Council shall grant a license stating the name and address of the applicant and the number of vehicles authorized under said license; otherwise, the application shall be denied. 2. In making the above findings, the City Council shol, L take into consider- atien the number of taxicabs already in operation. 3. The Cicy shall issue a numbered identification tag; which shall be displayed upon the rear exterior of each licensed vehicle at all times during_ the license period. F. BOND OR INSURANCE 1. No license shali be issued cr c ,ntinued in operatj.;n un Less there is in full force and effect a liability insurance policy for each vehicle authorized in the amount of $100,000.00 for bodily injury to any one person, in the amount of $300,000.00 for injuries to more than one person which are sustained in the same accident, and $50,000.00 for property damage resulting from any one accident. Said insurance shall inure to the benefit of any person who shall, be injured or who shall sustain damage to property proximately caused by the negligence of a holder, his servant, or agents. A certificate of insurance conveying the aforementioned insurance shall be issued in favor of the City of Shakopee and shall be filed with the Cit'• Cterk. This certificate shall contain a ten—day notice of cancellatlon. 2. The Council may in its discretion allow the holder to file in lieu of an insurance policy a bond or bends issued by a surety c_omnany authorized to do business in the State of ?Minnesota. 3. If the applicant for a license under this Section hcd qualified as a self—insurer under MSA -A-170. 5? as amended and hers Filed with the r ity Clerk a certified copy or a duplicate original of his self—insurancr_> certificate issued by the, '�ti:te Commissioner .--i` I i�?itaays, then no poi.,cy of insurance or surety bond shall be required to be filed with th,.. City. G. TAXICAB LICENSE FEES No 'license shall be issued or continued in operation unless the holder thereof has paid Lie annual license fee as prescr-bed , re clution. K. ToRANSFERABILITY 1.No license may be transferred, 2.Any sale, assignment or mortgage of a taxicab shall be repar.-tc,,d to the City Clerk. 1. SUSPENSION AND REVOCATION OF TAXICAB LICENSE A license issued under the provisions of this Section may be revoked or suspended by the City Council in accordance with the procedures outlined if the holder thereof has violated any of the provisions of this Section; discontinued operations for more than 60 days, or has violated any ordinances of the City or any law of the United States or State of Minnesota, which violation reflects unfavorable on the fitness of the holder to offer public transportatlen. J. TAXICAB DRIVER'S LICENSE No person shall operate a taxicab for hire upon the streets of the City and no person who owns or controls a taxicab shall permit it to be so driven unless the driver of said taxicab has a current and valid taxicab driver's license issued under the provisions of the Section. K. APPLICATION FORDRIVER'S LICENSE 1. Application for a taxicab driver's license shall be file: {witx the City Clerk on forms provided which shall contain the followinc,: a. The names and addresses of two residents of the State of Minnesota who have known the applicant for a period of not less than two. years and who will vouch for the sobriety, honesty, and general good character of the applicant. b.The experience of the applicant in the transportation of passengers and a listing of all previous employment in transportinn persons, if any. c.The educational background of the applicant. d.A history of employment for the past ten years. e. Age and date and place of birth. f. Home address. 2. Each application shall inciude a certificate from a physician licensed by the State of. Minnesota that, in his opeinion, the applicant is not afflicted with any disease or infirmity which might make him an unsafe or unsatisfactory driver. 3. At the time of the application, the applicant shall pay the City the sum prescribed by resolution. L. STATE DRIVER LICENSE REQUIRY0 The applicant must have a valid State of Minnesota driver Iicr_isc. In no event shall a license be issued to a person under 13 ,years of age. Th :;tate driver license shall reflect the applicant's current :dome address. M. INVESTIGATION OF APPLICANT The Police Department shale conduct an investigation of each applicant, and a report of such investigation and a copy of the traffic and police record of the applicant, if any, shall be attached to the application for the consideration of the City Clerk. N. ISSUANCE OF DRIVER'S LICENSE The Issuing Authority upon consideration of the Application and the reports attached thereto shall approve or reject the application. 1. If the application is resected, the applicant may request a personal appearance before the Council to offer evidence why his application should be reconsidered. 2. If the application is approved, the Issuing Authority shall issue a license to the applicant which shall bear the name, address, age, signature, and photograph of the applicant. 3. Such license shall be in effect for the remanider of the calendar year. A license for every calendar year thereafter shall be. icssued upon. payment of .$25.00 unless the license for the preceding year has been revoked. 0. GROUNDS FOR DENIAL OF DRIVER'S LICENSE 1. The Issuing Authority shall not issue a taxicab driver's license to anyone who has had his or her driving privileges suspended, revoked, or cancelled within one year of the date of application. 2. The Issuing Authority, and the City Council upon appeal, may take the applicant's driving; record into account in approving the license; and if it is found that the person is an habitually reckless or negligent driver or an habitual violator of the traffic laws, the Issuing; Authority or City Council may deny issuance of the license or renewal. 3. Falsification of an application for a taxicab driver license constitutes grounds for denial of the license or renewal. ±. No license shall be iG:u.,1ci to an applicant who has been convicted of any crime or crimes directly relating to the occupation of taxicab driver, as defined by MSA *364.03, Subd 2, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the occupation of taxicab driver, as defined by MSA *364.03, Subd 3. P. DISPLAY OF DRIVER'S LICENSE. Every driver licensed under 1L. 11s Section shall koip the City-issued license in full view of all passengers t,,ralle such driver 1= (-.)orating, a tanic.at:. E r il;il'�.,�STn:.i ATI) RE�'OCATT iOTv OF �),,?D3•:?: s LICENSE Tile City Council may suspend illy driver's license �_inder this Section in accordance with the procedures outlined in this Gode for the licensee's failure or refusal to comply with the provisions of this Chapter or other applicable state or Federal Law. R. RESERVED S. VEHICLES INSPECTION Prior to use and operation of any vehicle under the provisions of this Section said vehicle shall be thoroughly examined and inspected by an inspection service authorized by the Police Department. Subsequent inspections will be required not less than once every 180 days. The intent of such inspection is to insure compliance with all applicable safety requirements of the State of Minnesota and any rules established by this Code or the Police Department. T. TAXIMETER REQUIRED All taxicabs shall be equipped with taximeters which are visible to passengers at all times, After sundown, the face of the taximeter shall be illuminated. It shall be operated mechanically by a mechanism of standard design and construction, driven either from the transmission or from one of the front wheels by a flexible and permanently attached driving mechanism. It shall be sealed at all points and connections hwere manipulation would affect correct reading and recording. Each taximeter shall have thereon a flag to denote when t the vehicle is employed or not Employed. It shall. be the duty of the driver to throw the flag into a nonrecording position at the termination of each trip. Any inspector or other officer of the Police Department is hereby authorized to inspect any meter with or without complaint of any person. Upon discovery of any inaccuracy therein, the person operating said taxicab shall be notified to cease operation; and said taxicab shall be kept off the highways until the taximeter is repaired and in therequired working condition. U. RATE SCHEDULE A.�M CARDS 1. Prior to issuance of :-i t. ixicab license, the appl (cant shall Submit his rate schedule to the City Council. These rates shall be uniform to all passengers. Any increases in the rates shall be subject of approval by the City Council. 2. Every taxicab operated under this Section shall. have a rate card setting forth the aat.horized reat:es of fare which shall be displayed in such a place as to be in view of all passengers, V. RECEIPTS The driver of any taxicab shall upon demand by the passenger render a receipt for the amount charged on which shall be the name of the owner, the license or motor number, the amount of the meter reading or charges, and the date of the transaction. W. REFUSAL TO PAY LEGA-1 FARE It shall be unlawful for siry person to refuse to pay the legal fare of any of the vehicles mentioned in the .section after having hired the dine, ,and it shall be unlawful for any pe-,-:ion to hire any vehicle herein defined with intent to defraud the pirsoa `.'C;rt w:ioin it is hired of the value of such service. Violation nunislle,i ;i_; a misdemeanor. X. RECEIPT AND DISCHARGE OF FAS ENC " i Drivers of taxicabs shall not receive or discharge passengers In the roadway, but shall pull ur to the right-hand sidewalk as nearly as pcssib?e or, in the absence of a sidewalk to the --xt.reme right-hand side cf the road and there receive or discharge passengers. On one-way streets, passengers n7ay be received or discharged at either_ tae right or left-hand s de:w-aik or Oki the side of the rcdClway in the absence of a sidewalk. In addition, ne~scnv may be received or discharged on 7ivnte. property. Y. NUMBER OF PASSEbGERS No more than two persons in addition to the driver shall be carried in the front seat of any taxicab; and no more than a total number of seven passengers, excluding the driver, shall be carried in any taxicab. Z. REFUSAL TO CARRY PASSENGERS No driver shall refuse or neglect to convey any orderly person or persons upon request, unless previously engaged or unable or forbidden by the provisions of this Section to do so. AZ. MANIFESTS Every drive shall maintain adaily manifest upon which are recorded all trips made each day showing the time and place of origin, the destination of each trip, and the amount of fare. All completed manifests shall be returned to the owner by the driver at the conclusion of his tour of duty. All manifests shall be available to the City Clerk and the Police Department. Every holder of a - license shall retain and preserve all drivers' manifests in a safe place for at least the calendar year next preceding the current calendar year. SECTION III PENALTIES Shakopee City Code, Chapter 1 entitled "General Provisions and definitions applicable to the entire City Code including* penalty Proviuns and Section 6.99 entitled "Violation a petty misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. SECTION IV When in Force and Effect After the adoption, signing and attestation of this Ordinance it shall be published once in the official newspaper of the City of Shakopee and shall then be in full force and effect. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1984. ATTEST: Mayor of the City of Shakopee Judith S. Cox, City Clerk Prepared and approved as to form this 21st day of May, 1984. City Corney of the City Std opee _ 1 l7G MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Amend Fee Schedule for Licensing Taxicabs DATE: June 1 , 1984 INTRODUCTION: In conjunction with redrafting the City Code with regards to licensing and regulating taxicabs , Staff recommended increasing the fees . Rather then including them in the Ordinance , it is recommended that they be adopted by Resolution and be included in the City ' s fee Resolution. ACTION REQUESTED: Offer Resolution No. 2270 , A Resolution Repealing Part of Fee Schedule Adopted by Resolution 2190 and Enacting a New Fee Schedule For Individuals or Firms Engaging in the Taxicab Business or Taxi- cab Drivers and for Vehicles used as Taxicabs and move its adoption. JSC/bn P�Q_ RESOLUTION NO. 2270 A RESOLUTION REPEALING PART OF FEE SCHEDULE ADOPTED BY RESOLUTION 2190 AND ENACTING A NEW FEE SCHEDULE FOR INDIVIDUALS OR FIRMS ENGAGING IN THE TAXICAB BUSINESS OR TAXICAB DRIVE'2S AVs k°uR VEHICLES USED AS TAXICABS BE IT RESOLVED, by the Shakopee City Council that all fees adopted by Resolution 2190 on December 20, 1983 pertaining to Taxicabs and Drivers is hereby rescinded and repealed. BE IT FURTHER RESOLVED, that the following fee schecule is hereby adopted for individuals or companies engaged in the taxicab business or drivers and for vehicles used as taxicabs: Annual fee for individuals or companies engaged in taxicab business $250.00 Annual taxicab driver's license fee 25.00 Annual fee for each vehicle used in tine taxicab busi..ess 15.00 Adopted in. session of the Shakupee ("Ity Council held this day of ~-Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this 31st day of May, 1984. Y'ry'Attorney _� �.