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Home My WebLink About01/22/1985 MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Non-Agenda Informational Items DATE: January 16 , 1985 1 . The City has been notified by the Chicago-Northwestern Railroad that they are approving the easement with the City finalizing approval of the grade crossing for Shenendoah Drive connecting the Racetrack to Highway 101 . They should be getting us the agreement for Council action shortly. 2 . I was notified by LeRoy Arnoldi from the Scott County Assessor ' s Office that the Assessor and the representatives of Minnesota Racetrack Inc . have reached agreement on the value of the partially completed work at the Racetrack. The value will be 40% completion. 3 . The City has received payment from Scott County of $352 for the highway right-of-way easement for the reconstruction of County Road 83 . This was in accordance with our prior agreement. The City also received a check for $3 , 500 . 00 from the Scott County Soil and Water Conservation Board representing its share of the cost of the Horizon Heights erosion control project. 4 . Attached are the notices _of application for charitable gambling licenses for the American Legion and the V.F.W. 5 . Attached is the City' s proposed administrative policy for handling requests for the giving of flowers , etc . for hospital stays , funerals and the like . The department heads have reviewed the policy. If Councilmembers have no problem with the policy we will put it in our administrative book. Please contact me if you have problems with the policy. 6 . Attached is the agenda for the January 17 , 1985 Energy and Transportation Committee meeting. 7 . Attached are the minutes of the December 8 , 1984 meeting of the City Hall Siting Committee. 8 . Attached are the minutes of the December 3 , 1984 meeting of the Shakopee Public Utilities Commission . 9 . Attached are the minutes of the December 20 , 1984 meeting of the Energy and Transportation Committee meeting . 10. -Attached are the minutes of the January 10, 1985 meeting of the Shakopee Coalition . 11 . Attached is the Revenue and Expenditure Report as of December 31 , 1984 . 12 . Attached is the 4th quarter Program Costs by Department . 13 . Attached is a memo from Gregg Voxland re : Annual Financial Report. 14 . Attached is a memo from Gregg Voxland re : Employee Group Health and Life Insurance. 15 . Attached is a memo from Judy Cox re: Referencing Reports adopted by Council Motion . 16 . Attached is the January 24 , 1985 Planning Commission agenda . 17 . Attached is a summary of Rod Krass ' bills for the 4th quarter. 18 . Note : I have learned that our Cable TV picture and the sound are bad for our Council meetings. Barry is working with the company and access corp . because much of it may be due to the long wide angle view used when there is no operator . For sound we should all try to speak more clearly into the mikes . JKA1jms y > s CHARITABLE GAMBLING CONTROL BOARD 900-904 SUMMIT STATE BANK BUILDING 310 FOURTH AVENUE SOUTH MINNEAPOLIS. MINNESOTA 55415 (612) 341-7676 Dear Applicant, January 10, 1985 The "Acknowledgement of Notice" below is a required part of the application process. Because the forms are not yet available, this form is provided separately. Please provide all the information requested; copy this form and take it to your local governing body to date and sign; mail one copy of the completed form to the address on the letterhead. Be certain the form is signed and dated by the local governing body by January 28, 1985. This step must be completed to meet the provision of the law which allows local governing bodies 30 days two notify the Board that the application is disapproved. No license will be issued until the 30 day period expires. �I If you have questions, please call . Roger rankle Execut've Secretary ACKNOWLEDGEMENT OF NOTICE BY LOCAL GOVERNING BODY I hereby acknowledge receipt of this notice. By acknowledging receipt, I admit having been served with notice that an application from the organization identified below will be reviewed by the Charitable Gambling Control Board and if approved by the Board will become effective 30 days from the date of receipt (noted below) , unless a resolution of the local governing body is passed which specifically disallows such activity and a copy of that resolution is received by the Charitable Gambling Control Board within 30 days of the below noted date. LOCAL GOVERNING BODY ORGANIZATION Name of Local Governing Body Applicant Organization: �/�W 6SiCity of SHakopee Legal Name: 1j14 //— Signature nature of Person, Recei vi n Aa&tj)on Business Mailing Address• /_?�7 Ad-knowledgement S� ,l c o.eE Da e Received Phone: 1/14/85 Proposed Gamblin Site: NOTE: This is not a formal application. 4,A rooms D " Before acting on this notice, the govern-i ng body may want to contact the appl i cant City or Town: S,r to verify that an application has been Count filed with the Board. y- `�� T� Class of License: B C (circle one) Nam and Title of Representative: AN EQUAL OPPORTUNITY EMPLOYER O CHARITABLE GAMBLING CONTROL BOARD 900-904 SUMMIT STATE BANK BUILDING 310 FOURTH AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55415 (612) 341-7676 Dear Applicant, January 10, 1985 The "Acknowledgement of Notice" below is a required part of the application process. Because the forms are not yet available, this form is provided separately. Please provide all the information requested; copy this form and take it to your local governing body to date and sign; mail one copy of the completed form to the address on the letterhead. Be certain the form is signed and dated by the local governing body by January 28, 1985. This step must be completed to meet the provision of the law which allows local governing bodies 30 days to notify the Board that the application is disapproved. No license will be issued until the 30 day period expires If you have questions, please call . Roger ran xecut've Secretary ACKNOWLEDGEMENT OF NOTICE BY LOCAL GOVERNING BODY hereby acknowledge receipt of this notice. By acknowledging receipt, I admit having been served with notice that an application from the organization identified below will be -eviewed by the Charitable Gambling Control Board and if approved by the Board will become effective 30 days from the date of receipt (noted below) , unless a resolution of the local governing body is passed which specifically disallows such activity and a copy of that -esoiution is received by the Charitable Gambling Control Board within 30 days of the below -ioted date. LOCAL GOVERNING BODY ORGANIZATION ame of Local Governinq Body Applicant Organization: Am erir�r TA�inn `'ITY OF SHAKOPEE mal Name: Americar Legion 'OnQt N ionature of Persocr� Receiving !3Jmiiw,�wt Business Mailing Address: r- , r , goy AcmVIl dgemenhakopee , M�nneso-a 55379 1�C�I� ante Received Phone: ( 6, 2) 445-5253 Jan. , gph Proposed Gambling Site: 1266 East First - � Ave . JTE: This is not a formal application. Shakopee , P^inn. 55379 afore acting on this notice, the govern- Ig body may want to contact the applicant City or Town : na�r�n o0 verify that an application has been County: led with the Board. Class of License: A B C (circle one) Name and Title of Representative: Arnola Stage , Oommanter AN EQUAL OPPORTUNITY EMPLOYER MEMO TO: All Department Heads FROM: John K. Anderson , City Administrator RE: Council ' s Request for an Internal Policy on Giving Flowers , etc . DATE : January 3 , 1985 Introduction Recently Virgil Mears , Chairman and long time member of the Police Civil Service Commission , entered the hospital for by-pass surgery . Council asked if the City should send flowers as we do for Councilmembers and employees. We had no policy and they asked us to draft one. Suggested Administrative Policy # Judy Cox and I have discussed our past practices and suggest the following policy : 1 . The City will pay for and send flowers to Councilmembers , employees and their immediate families as defined in the Personnel Policy for hospitalization or death in the family. 2 . All board and commission members will receive a get-well card or the equivalent paid for by the City . No cards will be sent to board and commission members ' spouses or family members . 3 . People can do things on their own , if they wish . Summary Please review the suggestions above and try to think of circumstances that might arise. If department heads agree with the suggested policy we will make it an info item to Council and then adopt it administratively. JKA/jms TENTATIVE AGENDA Energy and Transportation Committee Shakopee, Minnesota January 17, 1985 Chrm. Dunwell presiding: 1. Roll Call at 7 : 30 P.M. 2 . Approval of Minutes - December 20, 1984 . 3 . Action: Selection of Recycling Target Areas. 4 . Action: Recycling Survey 5 . Informational Items A. Energy and Transportation Committee Annual Report (draft) B. Dial-A-Ride Vehicles and School Transportation. C. Transit Monthly Reports D. Recycling Bags and Bins (Verbal) E. Recycling Brochure (Verbal) F. Recycling Logo (Verbal ) 6 . Other Business A. B. 7 . Adjournment Barry A. Stock Admin. Intern CITY OF SHAKOPEE CITY HALL SITING COMMITTEE SITING TOUR SHAKOPEE, MINNESOTA DECEMBER 8 , 1984 The siting tour started promptly at 12: 00 noon on December 8 , 1984 . Members present were John Leroux , Gloria Vierling , Dolores Lebens, Dave Czaja and Dave Rockne . John Anderson , City Adminis- trator, was present and there were no other citizens or staff present . The minutes of the November 12 and November 27 , 1984 meetings were accepted as mailed . The Committee reviewed their tour packets and information in route to the first city hall to be viewed which was the City of Eagan . Discussed were parking requirements , Police Department requirements and Community Service requirements. It was noted that the Committee agreed with the Chief of Police that the Department should not be located on the north side of the railroad tracks in Shakopee . The Committee commented on the Eagan City Hall , the Inver Grove Heights City Hall , the West St . Paul City Hall , the Plymouth City Hall , the Minnetonka City Hall and the Chanhassen City Hall. General consensus was that most of the communities surveyed did not have a traditional downtown and it was obvious that many of the communities had located on large acre tracts with a wide open area around the city hall . Only the West St. Paul City Hall seemed situated relatively close to a downtown or retail shopping area. The Committee finished viewing the Chanhassen City Hall at about 3 : 10 p.m. and after a break returned to Shakopee. John K. Anderson MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on December 3, 1984 at 4:30 P.M. in the Utilities meeting room. Commissioner Kirchmeier offered a prayer for divine guidance in the deliberations of the Commission. MEMBERS PRESENT: Commissioners Kirchmeier, Cook and Gorman. Also Manager Van Hout, Superintendent Leaveck, Liaison Wampach and Secretary Menden. Motion by Cook, seconded by Gorman that the minutes of the November 5, 1984 regular meeting be approved as kept. Motion carried. Gary Brown, City Administrator of Hastings and Bill Maher, a representative from the Governor's Office were present to discuss the status on Lock and Dam #2. The City of Hastings has asked us to remain from intervention on their acquisition of the Lock and Dam. - BILLS READ: City of Shakopee 20,032.00 A T & T Information Systems 69.69 A T & T Information Systems 17.83 Berens Market 208.45 Burmeister Electric Co. 77.41 Burroughs Corporation 3,079.44 Cable Index Co. 14,04.52 City of Shakopee 764.18 Clay's Printing 509.75 Feed-Rite Controls _ 844.96 H & C Electric 257.50 Hagen Systems 1,143.90 Harmons Hardware 2.90 Hennens ICO 1.50 Hoffman Electric 100.00 Layne Minnesota 13.29 Leef Bros. , Inc. 18.00 M/A Associates, Inc. 103.50 Renee Mamer 56.50 Ben Meadows Co. , Inc. 13.15 Motor Parts Service 8.74 Northland Electric Supply 149.12 Northern States Power Co. 232,800.01 Northern States Power Co. 1,175.39 Pheoll Manufacturing of Minn. 55.32 Scott County Sheriffs Office 350.60 Serco 96.00 Shakopee Floral 27.50 f Shakopee Public Utilities 205.39 Shakopee Services 18.00 Shakopee Valley News 82.84 Dean Smith Trenching 1,912.50 Starks Cleaning Service 17.20 Total Tool Supply Co. 355.01 Trinity Chemical Co. 2,544.74 Uniforms Unlimited 263.90 Valley Industrial Propane 10.88 Lou Van Hout 102.95 Van-O-Lite 139.55 Voss Electric 99.84 Wesco 234.89 Widmer Brothers 5,752.44 Motion by Gorman, seconded by Cook that the bills be allowed and ordered paid. Motion carried. Liaison Wampach reported on a 20 unit Senior Citizen complex to be constructed in the near future. A communication from Rod Krass, City Attorney regarding the Minnesota Valley Cooperative Condemnation bill dated November 15, 1984 was acknowledged. Motion by Cook, seconded by Gorman that the Shakopee Public Utilities Commission agree to pay the Minnesota Valley Cooperative the sum of $19,000.00 to reimburse them for their legal costs incurred during the condemnation hearing contingent that they submit all records to the Shakopee Public Utilities Commission to verify the amount spent. Motion carried. Manager Van Hout gave a short rundown on the status of all wells. Manager Van Hout reported that estimates on our costs connected with the downtown revitalization are needed by February. He stated that the need to go underground should be considered as each block gets developed. Figures will be developed by the February deadline, and engineering of the whole area will be addressed at a latter date. There were no new plats for November, 1984. Superintendent. Leaveck reported 4 fire calls for a total of 5� man hours for November, 1984. There were no lost time accidents for November, 1984. The Commission discussed the wage and be requests from the employees for the year 1985. Motion by Gorman, seconded by Cook that the meeting be adjourned. Motion carried. The next regular meeting will be held on January 7, 1985 at 4:30 P.M. Barbara menden, Secretary 7. -17 7M 7' T S-S S -.7 5-7, T,7Tr"iT,-7--,,7 7 '.,'1 1-, -L 4el '7 U - r me-:les 3 tta :end "i c E: n-e s e-n4Fr"7r S t'c - I7 ran F: U Coord'i-nr-ltor was also present . .l'eel:c/Spiotta moved to F--)rrore the I -, --of ": l' UC x'04_-^r �" 1 L,)Z;- 1S)9)4 , ':ee.tin Due. to the lack of business , the Energy Trans-)ort'-'-+Vion Cor n.-rii-ttee di,", not nt- on 1'. otion carried =--nimoucl,7" . Direct-or o-f -'U-he Governor' s Com-muni' Ener ro,-ran, 7, 11,,r. john Grostovich, tiaras a snecial f,7uest at the nieeting. He discussed T, several ever'r projects -,-'hich he tho-t.-,,-,ht --U be of interest 1 to the C-om-mit-"Uee . The--, included: *S -all Busine-cs Fr_er.--7 Cc.-ise-I'Vatio-n -.--17cra-.sho-o --,�hich is a comnrehensive t-freehour --p---or.'L':shoi� des-i ,--n,.--! to heInsm--.11 business o-,-.-ners -ailld reduce their enerM-?- COSI.--. *FinancinrOT)'u--; ons Or 1-ine r.M7r Projects incluainrr utvi-lj 7, U, :E'undin-, Co=- -,u.ni-'Ullr Deve! B'-, oc'-,, (Grant reso-'arces,, tpnd A—nnesota '--.Tous-J."-, Finance Agenc- loans, hborhood 'narg7?- 7ic '-shon -ber of co.-,:-r,-,un4t� es -s used in a -,Ycn. to encourage reel dents to install energ.1,7-savinz measures in Meir homes. *CO?nnf ran i-'L.':r yner^v U r7�e I`,--r o i e ',T!h e r e b v 'U h e i r c o n u t e r 4.ill calculate ener,,-. ,r use and e.7:�aenses -for the residential, COr:�erCial�indi'Stri 1, local -overn-.e-nt and transportation sectors and -.nrovif_e esti,-�-'U-es o-F t"ie cost savi-n-s that can be exsectedvarious conservation strate.7ies and alternative I T sources. *Ce'.-L e r o i u n-*L'�U-7 -j7---n-e --o -iect Selection su.�--esti---- a T-� ide. variety O-f e 11' r 7s ch h-v- -been success-ful in o th e project ljl-;run e s o to cities, that has been -c 7-Ji e-I�r Jra Gostovich noted hi s Sty a 7it � es for t� n U-- nce roe l h `7 i-.,in e c-o Ju-: c �� i`u- c o-n s -,/-' =-hrL-; cal as��!isua 4-n o v--,r ten e r s t h e :areas o f ;1a--, _)in a'e v e 11 o-o 2-i e I--t , and financ o-z-,l enerm, -Lo.r ^y Becau.se Sha-,---onee h�-s been -M.S. E-ner.c-7 'iDuancil Grant to Lm--)l e e i It'U a -r o,7ram U for -' hire o-f sol: d "'--��ste --:�,batemie---U al-IC" rec7, clJng act- -es I U-11 �_- urn-ed tha+ an o.-.-roinr- -,-)a-rtnershi-,) nei,ghborhoo(Is Gostc)vich ;.wD V be esta:---blizhed. . bet-Jeen his Coil-ncil an,7 the C c,--,r,i i t-,U--e e r.T;. 'os-Ucvi-;, a7 so ver7,- interested' in Shahonee ' S t):-ail :it s c t e m Chrri,. D-,ur.-Jell e.--T-)l' 2;L:-LI'LeU G__ h1 histor;;, of tl.-Ie s-,7's-'Ue m s ),,-� ch to -refer an- cituies develo-or,e-L-I-t Gost, - - -L-- S'-I IU-r-Z tu s s-tu-e t c a'- ee u o exa--r-1:1 ne the succes.s-;f7'ul has been e ctabl JL sh-e d, • C' C 4 --- U U VAIN, ''COI CLICY AT 4- C' n c e a-"u o n S t --r'f e t -F h e e th= . u U ' a I u in ccn-1-1�ct-7on, T_�Jt s late cju-a,--ts zn-". ear'---- . loll otter/; cae= s t=eau van --,031 oli C7- 17 be a1e11_L'e,,' to i4nclur_-,'e -he In the eve-ritu of. --:either the van -000l driver ma U �-,-' rm4ne &' his mi/her o� diocretion �72-ietiaer startin- - later in the rn-i -__t .1e b - - _r-�' the v-n ' pool drIver should 7ursue o�-)tion he /she would be responsible _--or contacting; the y:embers of his/her var. pool 17rou'r). Converse!— a van pool driver r, a-r at his/her discretion deterziin-e ,-.,hether or not it be --pro7,riate --U I- c-. :. . . to >e 'u-12le return. trip to S)ha1-_oT)ee -orior to -u'--','Ie norrially scheduled ti tee . I--'L" 1U1jis OptiOnjS 7.-,ursuea, the van pool ''%,ould once a=_J__ be res,--onsJble -for con�ac-'-i.'Lar- t-l"ie tD - U U n,.e-_:iber_- c-f his/her van cool '-rou-o. :Notion carriec,i unanimousl-, . o 1 i da-TT s S"tualc'-f ncte,17 that in November we almost ex-,erie-riced U I a situation in .-,-hich no re,u,.'1F'r van pool Oriver'z or bac.k'_U*7j dri-,,,ers were av-zilabic- to -orovi-,,e tr--n-_o_rtU--,t_LJon on a ren-l-r17, schedialedof oeration. This j o ' b t) p- -- ecwu-e sev=rc,--�.! o_r-Ficial van -pool holida,,,rs 1--.11 on a, Tuesda7,.?" or Thursday, and many people tahe- or .7 U U U the -oroce-dinn, or --ollowing da7r of-_7 as a vacation day or holiday. V -oc"-, i s a c0"-�mum- Cat ons ,,o=. S-piotta poi nu d out that 1,'."r. t he cont-,:=ae to point or th-a 'Uransit re!, _mS ted hau o;�r o --he ce-ills received and incorporatue this as-oect 0 ,- 1-re e a A- into -D . co. h-41 S w o r'_1 n.'.o is fob description. fee l':S/Sriot-ta movc�-,_ that van -Dool o 1 ;113 be a- -1 ,enec, to icl-ade nthe f"ollo-,-.-in7: In -'U-he e'ven' 'h-::-,t no van ---,00l dri-v-cr or bz�ch U v vin 001 a-_4 v L- Vers are '�wail_--zble t10 --)rovi'7e 'u-1-ans-nortation I I lu -ers J n nee.'_ o a ._1 or t_'ae van rool prom' '1Ihose oasser� r4 woul-d have :-'Go car -7,00l. Cc.r pool drJ vers be re- ,mb-=scd in aCcorr_!-.__ce r.-ituh van pool poli_-'77 15. V-_-:_m pool JLrivers axv] bac2:-u, dri,,.;,ers should coo-z-1-i-nate the * - U , _L� -,che-7ules be,7ore the hol1anc,'� ri-�,.e the '2-ran--it s U__ Coordinator r,-ord-inat"or t.,-,-o -;-Jee.Zs notice -i-f-7 no dr. _`�,rer. be avc-�._-*Llable. 7 ._- Otion ca-orie uman in,ou s 1,,7* u Ve-2-11c,11 e ha,7 recen-'-!�;- -,Deen b' 7r several partu-Je-s, a nee, o -i:,se a 15 passe_.1e rv e c 1 e CO nt�� c t e 'Van _'001 to t2ans-�ort peo-ole to speCial event s �Ia_' I - ;�P E)e r-"r ice,_-, SI') � 9 Inc . C,--I 7-e ,i cln U r v z 11,i 0 1 2 E, 7! :�. -I"I , E,1-_.-rim rol 7nn -_e " U U CC' Et��I ,C,`,_L 2.12 r v,:-,,m b C.. c D 7 1-ne 0 0 �7- r - I ;� ._1-L e S 0 U, :t_..!j-n--1 - - - -�--1" I I.; J_ r.q _;_ea!- ._, - D E, e C. U 0 ill _,2- j c C nt e r 1::i e • The e I e z r r.0 n b I i.Le -U c_ Ii b h r e -��vent Of an �Lcc-!;.dent . Th�-, dl-_Jcr have the to the veh` cle . -c-j on carri od U_ T I-r. Stocl- stated -'u--'!.-t to heln increase dial-a-ri?e rLl_rshir to U "-rojecte.,' levels , it be a-.)-Pro-pri_-::' t te to restruc -_.Le the U U t,r -' are schedule . In discUssin, fare schedules she Coi:.mission --onderei' stul`ents Cw_qnot_be bussed to school but they can :bedriver,. else. "4-"-r"f 4L-ected to research 0 1- U this issue . a U S-,)-Lot-ta/t -el--s --mre to ado--,t t2ae "Cl-_ lot7� re U _1 27 eZr, n S r'12 C LI1�7 is c o=t -u o S e n I o r -LU i Z e_n s -n,.'.- ch_J I d�_,-e n under six *'111e`'-:.1- so red ucinr, `51,1e -n-lon'ber of reservation c,_:.ter-ories : seniors and S e)--t 7, under 6 12 or rore notice .75 . 5-0 Les7 th.-..;.-n _12 hr. -,ao-LU-Lce* - 50 :`1 .75 hr. -notice carried un-a-nimousi-r. -DIrrITCI:`-i!TTCjq T7, - _T Op,�,.j7D 7: HAIII :1 D E.I�T C 17D TELSIT !-P I,IV m it, Lj-- -ri e -=,ncJ` The C,h,,-:,�sI a Chanhassen Eden I U _ U Lenart -of Trans- has been or-f11�'UndintZ bl-r/ U ,Dort-at-ion Em.nd the T.-7S sjil -r" 7-,Then 'To -n o 4-a 7 S-ULOC,-. U- U t 1-1,e 18 month bu, ,Zet .-Tas bein,,7 -15-his study vvc_-,.s antici*r)at-ed, and theref""ore w7,503 bu,-`,--t,_d --'or mana�ren_c,_,It cons,_71ti-rr.-I _ees. Co=. S.Liotta as]:ed t was going to be studied. Mr. rec- t1-11-at thc-rr -,.-!ou co-_=2_,-�er a rc,,:72_or,z,,_ Z�. U o C -1 on 0 e f. s,7 7*s t e ia -'rofessionals -.,--�ou-, d evaluate of, transit Ij - U V � _U s 7.,s t e r- ml-1 d be m o s t a 7 7)r o',r I; L--:,tu e and -�7!oul(� also evalu_�-Ite c7�hal-o-,oee ' s el�:istinl;rlr transit system. as ell as the im-�,act o-," the U race trach- or-, 'he area's 4-r-_,IE� T �-`oc` noted -',__.,'.t he 1'U _U U _L 7- o— Jh , C 0 :� V_u V_.L_ U r e d been Jnvolve -;n ,'J scus, -i --rI-,olveyIq in the Chr::-. noteCL tUh .-I.- the- may dcvelon a mrF1,te-7, -h-,' be even -r.-ore t-h-In tz.-_o ret a e r I. -L7r,'77, U also I-,-Ien'U-_"�7'1T are_S:I.s not clor-1--L-Itul, -7 _v_ f b e n C U r u -L-ri VTT fir7 c ..--aa 3"1-1-7_r J- 4 t :_f7 C) T 4 U_- 7— "o -,ic • -V h t C, �ncre- -e a u 1 Co" C111- cir 1;:71 e C" 4- Ct lr le i Pc"e" ''e r e s,e nt- :7 2) n,,, i:r e r,; 19`5 based .__LU__ozia , On cu,-1,-_('e n U e IV c c o s JL I i 0 n • ,7 de-feli-tii-vre curivi-n- course -- ree C. 'j -1--r Of ------olec is o�_, o f ch '.rj-,e to _�".l re,n,-_,l,--r --nd bacl----,j-n van -000l c1irivers, as as he ai_�-,,1-a-ri de river-- -tha=,-, 1 the c omn.,-,,,_nJ_t7r e u c atu_J :-Dn -,ro-rain u , -J u 0 C. sa id. The CO o:m--, i s .on e r s a-r c ed -__:.t t-ho course Choul d -L .roviOe valuable -L n r',-a on and t or our c r s. tri I Yj 7 -1.- 11eo n,,,-Tr,i Ss?c n rS a o r e v i-a--e A 7-0 r 1 -r V--n p__,ol n A e-c rt-. I' toC': n o It c -'U-h--,-ee cor,.-laintus 71ere poo-le ro, nl-.:7' -le!_ s th �--,1 no 7 a,77 -et to V u' h CIarm D-=.,ell, no tu' e c7,- ths_ t- -,�e o7le the van -.�ool are z'i o ha-- u D7 tuh.,-.-'U thic-,,- hc,ve to -,a7-, .-:1-len the-- �7 no-' ri 1� __ i V ?" -.1 - 11. u rid,1; Discussion I r. S tu 0 c 2�: i n 0..J_c a tu e d -'U-h�-.tv t,2, D73,'_M scnooi had La)7,roached _L' ' - M u.,^L s year. lhey him� loo_1_-_in7 -I.o.- a creative ral-Ir 77ere vex7,7 intie-1--sted in t'_e cHal-a-ricte -.�ror-ra,-_-. Th-c— this -pro n---am hac? devell- c-n.--nient -00te--atfal "nd so be u u 0 eve I onin,-a mic r .c I V-nf- -cro-r.-m -po" _L U this -Free e e!�,u c _J n 2,1 e Tj e e-,,i c e e e s J 0 tu a M�o v e C VO a 0,tj o,,-.-.r n 'u-h e 1-ne e t Pt 10:1 7 0 t i or. _V 7 C,-�-r -i 's c, un.a In 0 u,-z;: The -,,2e.--'u :mectin 011 be hn-lC", on L U-nary 17, 1535- 3arry SdtoC17 JU d7- 71 j le U -7r XL�Jde/T-r,:�, L- o oc r Recordi"__ C SHAKOPEE COALITION January 10, 1985 Present: George Muenchow Shakopee Community Services Jim Streefland Lions Club Joan Salter Food Shelf Sr Jo Lambert St Francis Reg Med Ctr Barbara Colhapp Area Learning Center Pat Ploumen Deloris Gorman Community Servcies Phil Kanning Roman Schneider Senior Citizens Ruth Schneider Senior Citizens John Neely Valley news Kathy Lewis Community Services Jackie Kes Scott—Carver Economic Council Meeting was called to order by the new chairperson Jim Streefland at 7:00 a.m. Joan Salter reported about the Food Sheld, and related projects: in December the Food Shelf served 93 families (308 individuals). Public Assistance eligibility guidelines are being raised in 1985 which is expected to result in increased need for the Food Shelf services. The Holiday Project provided food and gifts for the following numbers of people: Shakopee-75 families with 132 children; Savage-16 families with 30 children; Prior Lake-45 families with 116 children; New Prague-24 families with 26 children; Jordan-59 families with 128 children; New Market-8 families with 34 children; Belle Plaine-24 families with 45 children. Many community donations were received. The Food Shelf total expenditures for- the Holiday Project were $4,127 ($1,206—toys and gifts; $2,892—food; $29—mist. ). The Thanksgiving Project provided food baskets for 72 families. Minnesota Food Share will be run during the month of March. Notices will be sent out within a week to churches, organizations, and will include requests for volunteer help (persons, equipment, supplies, collection-points). The Pledge A Pin fundraiser for Scott—Carver Economic Council is scheduled Saturday, January 12, at Harvest Valley. If 80 people bowl, bowling is free. If less than 80 persons, it will cost 50¢ a line for 3 games. Members were encouraged to bowl and/or make a pledge. Chairperson Streefland and George Muenchow briefly commented on the very recent devel— opments concerning a new bridge in Shakopee. MnDOT recently discovered that Federal funding at the rate of 80% is available and possibilities of a new bridge in the near future sound positive. The Honorable Phillip Kanning, County Judge, gave a most informative presentation about the structure and function of the Judiciary System. Traditionally, there has been a three-tiered court system: County, District and Supreme. That is now expanded to a four—tier .system with the addition of the intermediate Appellate Court System. The purpose of the Appellate system is to allow more time for the Supreme Court to deal with larger and constitutional issues. Appellate Court consists of twelve judges who travel around the State to hear cases in each Judicial District. They are turning out 30-40 opinions per week. With 1978 enabling legislation, the First Judicial District adopted the regulation that .any judge can hear any matter. This makes more efficient use of district personnel and staff. Judges may travel throughout the district, de— pending on the number of cases to be heard in each jurisdiction. There are two court rooms in Carver County and four in Scott. All Trial Court judges receive the same salary, recently increased to $65,500 annually. Judge Kanning discussed the matter of "drunk drivers" which has received much attention recently. The maximum criminal sanction that may be imposed is $700 and/or 90 days in jail. There are no sentencing guidelines, thus sentences vary considerably. On the administrative side, a person may be acquitted and still lose the driver' s license for a period of time. Law enforcement personnel may not stop a driver for "no reason" but the stated reason for stopping people has been expanded "given the totality of the circumstances." This expansion is based on the determined need for some intrusion into our privacy for the general protection of the whole of us. Judge Kanning explained the possibilities of what may happen when a person is stopped for suspected DWI. (Details omitted here in the interest of time and space) In Hennepin County first offenders automatically receive a two—day jail sentence. Judge Kanning usually imposes some jail time for first time offenders, usually with a stay of part or all given compliance with other conditions (ie,alcohol assessment and following recommendations of the alcohol counselor) . Second offender DWI laws are far more stringent than the first time: $3,000 and/or one year in jail. Judge Kanning tends to be "treatment" oriented but considers all circumstances of each case. He further commented on the differences in handling "hard Criminal" actions (ie, homicide) and the DWI situation. It is difficult to determine the effects of the increased enactment and enforcement of DWI laws, but that along with greatly increased public awareness has shown a significant decrease in alcohol related accidents. Jackie Kes reminded everyone that tickets are available for the January 17 dance at the Shenandoah featuring the White Sidewalls $5.00 advance, $6.00 at the door. George Muenchow introduced discussion re group representation at Coalition meetings. All present agreed that the designated organizational representative should be responsi— ble for having an alternate at the meetings which the representative is unable to attend. Generally, a concerted effort needs be made for group representation at the meetings. Minutes will be mailed closer to meeting time to provide a meeting reminder. Steve Johnson, Court Services Director, will speak at the January 24 meeting to be held at Citizens Bank, 6:30 coffee, 7:30 meeting. Meeting adjourned at 8: 15. Respectfully submitted, Pat Ploumen, Secretary +! .�OL V P N r W f • t `�,r W N L W+C V P V • N L P N r W N+�,N r W N-+L • IV f7 O r ' Cl;7 A'U C' y D r 7 V'y 2 T) r V)I•I N L rzZO A PrnD m n x y C L L O "'I y O ti 0-(O J I'1 _H-I r m m m r COO�'•-+I-I I'I ry D D �y rn Z .^. rr 2• ..r r C:1.1 m f7 ZM r y'ti i-D G..y 3 u n m i r r) O r N y r y i .a7!'11'I.T,w .0 yl•I(7 m Vl f)1 rll r'L�1 C (-�1 �'''�1'ri arr :AGI LCr IVI ;)• \ K !)G)f`i rn ti K O O Q K 47 rn N '•1�1.�+ ) •O-•U n. 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Anderson, City Administrator From: Gregg Voxland, Finance Director Re: Annual Financial Report (Informational) Date: January 17, 1985 The Comprehensive Annual Financial Report of the City of Shakopee for 1983 was submitted to the Governmental Finance Officer' s Association of the United States and Canada for review under the Certificate of Conformance program. This was the first time our report was submitted and we did not qualify for a certificate. However, this was the expected and normal result of an initial submission. This Certificate of Conformance program reviews in depth a financial report and awards a certificate to those reports that are considered outstanding. The review and certificate are for one year at a time. There are currently about 25 units of government in Minnesota that have a certificate and of those two are about the size of Shakopee and one is smaller. 1983 was the first time we have made a submission. It is unusual for a unit to receive a certificate on the first go around. Reviewers tend to be more critical of a first submission. We received 22 comments on our report, which I feel is pretty good. John Lilja of Delloite Haskins & Sells is the coordinator for the State for this program and probably the most knowledgable person in the state in this area. His opinion of our review was that if we wanted to protest some of the comments, we probably would have a 50/50 chance of getting the certificate the first time. However, it is a long process. We are already working on the 1984 report and will address the 1983 comments for 1984 and resubmit. GV:mmr TO: John K. Anderson, City Administrator � FROM: Gregg Voxland, Finance Director RE: Employee Group Health and Life Insurance ( Informational ) DATE: January 17, 1985 The City received notice 1/16/84 that effective 3/15/85, Bankers Life is changing the group policy under which we are covered. The changes are: old new Deductible per individual $200 $200 Out of pocket max/family/year 1, 000 1, 500 Accidental death coverage 25, 000 20` 000 Hospice care (new- max $4, 000) 0 60/day Other benefit changes; no deductable for 30 listed outpatient surgeries for same day procedures, paid on the 80/20 basis, previously the deductable applied ; accidental injury benefit will now pay first $500 per individual per accident with no deductible on an out-patient basis, previously this was covered with $200 deductible; room and board charges for Friday and Saturday admissions will no longer be considered a covered charge except for emergency admission or scheduled next day surgeries. The premium is going up only about two dollars because of the changes in coverage above. It is anticipated that the change in out of pocket costs will be poorly received by the employees. SPUC is on the plan the City used to have. The deductable is $100 with out of pocket total of $1, 000. There is $1, 000 accident benefit and $200 lab and x-ray. The outpatient surgeries and hopsice care are the same as above. The agent is contacting Bankers Life to see if the City can switch back to the old plan and what the costs would be. The other option is to rebid the insurance. I believe it was bid two years ago and the bidding requirement is four years or a premium increase of fifty percent. The request for proposals for an insurance consultant does ask for information on bidding the group health and life insurance. I believe at this time that there is enough money budgeted with SPUC participation in the property/liability and workcomp areas to cover bidding health and life insurance for the City. Rebidding will pursued when we see what the costs involved are. / 5 MFMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE: Referencing Reports Adopted by Council Motion DATE : January 17 , 1985 Beginning with a new year, I would like to implement identifying/ referencing reports and memos adopted by Council motion in the minutes . On ,January 8th, four motions were adopted accepting or approving a committee recommendation, a staff memo, a caucus policy and a League prepared policy. Each of these will be filed in the City Clerk' s Document Book, as has been the policy. I would like to begin inserting the document numbers in the minutes . This will advise future readers of the minutes that the docu- ment is in a central location as well as make it easier to locate . (Most such items are on record in various departments , but I believe it is important that there be a central location also where such papers can easily be found because they are actually a part of the minutes . ) I propose to number the papers after Council meetings , rather than before because it will be less cumbersome for all concerned. City Clerk Document 00 will be shortened to (CC - Doc . 00) . JSC/jms 4/r TENTATIVE AGENDA PLANNING COMMISSION Regular Session Shakopee, MN January 24, 1985 Chairman Stoltzman Presiding: 1 ) Roll Call at 7 : 30 P.M. 2 ) 7:30 PM CONTINUATION OF PUBLIC HEARING: Request for Preliminary Plat approval of Delia ' s 1st Addition lying in the NW 1/4 of Section 8 , East of 11th and Shakopee Avenue intersection, legal description on file. Applicant: Cecil P. Clay, 2135 Park Ridge Dr, Shakopee Action: Recommendation to City Council 3 ) 7:45 PM CONTINUATION OF PUBLIC HEARING: Request for a conditional use permit to enlarge a mining extraction facility upon property located at SE 1/4 of Section 3 , East Hwy 101, legal description on file. Applicant: J. L. Shiely Co. , 1101 North Snelling, St . Paul, MN 55108 Action: Conditional Use Permit #375 and Mining Permit 4 ) Discussion: Update on Development Proposals 5 ) Informational Items: a ) Vietnam Veterans Home b) 6 ) Other Business 7 ) Adjournment Judi Simac City Planner CITY OF SHAKOPEE 17 KRASS, MEYER AND WALSTEN CHARTERED -^ * Marschall Read Business Center 327 South Marschall Road Shakopee, Mn 55379 **445-5080** City of Shakopee BILLING DATE 10-30-84 129 East 1st Avenue Sslakopee, Mn 55379 S U M M A R Y Account Number Client Name Balance RE Line SHA11373002-1 City of Shakopee $473. 65 General SHA11373137-1 City of Shakopee $0. 00 Downtown Redevelopment SHA11373143-1 City of Shakopee $0. 00 Halo 1st Letr of Credit SHA11373152-1 City of Shakopee $0. 00 Parrott Suit SHA11373161-1 City of Shakopee $0. 00 Shakopee Recreation TIF SHA11373162-1 City of Shakopee $0. 00 Pavement Preservation Policy SHA11373163-1 City of Shakopee $0. 00 Planning District for Race Track SHA11373164-1 City of Shakopee $0. 00 101 Frontage Acquisition SHA11373165-1 City of Shakopee $0. 00 Horizon Heights Dike SHA11373166-1 City of Shakopee $0. 00 Muhlenhardt Suit SHA11373169-1 City of Shakopee $280. 00 Rahr Malting Tax Appeal SHA1373157A-1 City of Shakopee $1, 332. 50 Racetrack. Tax Increment-Condemnat icy ***If you are considering the purchase of real estate, have your attorney review the property abstract to assure that the seller PAGE 2 City of Shakopee BILLING DATE 10-30-84 129 East 1st Avenue Shakopee, Mr, 55379 S U M M A R Y Account Number Client Name Balance RE Line SHA41373156-1 City of Shakopee $0. 00 Foster Suit (Against Police Dept ) SHA51373002-1 City of Shakopee $70. 00 General SHA51373011-1 City of Shakopee $1, 246. 75 Prosecutions SHA51373118-1 City of Shakopee $726. 17 Wangerin (Bill to K Mart TID) SHA51373134-1 City of Shakopee $418. 00 Fire Truck Problem SHA51373144-1 City of Shakopee $60. 50 Chard SHA51373153-1 City of Shakopee $0. 00 Hardrives Suit TOTA $4, 627. 57 17 KRASS, MEYER AND WALSTEN CHARTERED A914 Marschall Road Business Center 327 South Marschall Road Shakopee, Mn 55379 **445-5080** City of Shakopee BILLING DATE 11-30-84 129 East 1st Avenue Shakopee, Mn 55379 S U M M A R Y Account Number Client Name Balance RE Line y/SHA11373002-1 City of Shakopee $306. 05 General SHA11373165-1 City of Shakopee $14. 00 Horizon Heights Dike SHAII373169-1 City of Shakopee $0. 00 Rahr Malting Tax Appeal SHA1373157A-1 City of Shakopee $150. 00 Racetrack Tax Increment-Condemnatio SHA51373002-1 City of Shakopee $0. 00 General SHA51373011-1 City of Shakopee $1, 074. 00 Prosecutions SHA51373118-1 City of Shakopee $0. 00 Wangerin (Bill to K Mart TID) SHA513731 34-1 City of Shakopee $0. 00 Fire Truck Problem SHA51373144-1 City of Shakopee $70. 00 Chard TOTAL $1, 614. 05 ***If you are considering the purchase of real estate, have your attorney review the property abstract to assure that the seller KRASS, MEYER AND WALSTEN CHARTERED Marschall Road Business Center 327 South Marschall Road Shakopee, Mn 55379 **445-5080** City of Shakopee 129 East ist Avenue BILLING DATE 01-18-85 Shakopee, Mn 55379 S U M M A R Y Account Number Client Name RE Line Balance SHAII373002-1 City of Shakopee General $196. 00 SHAII373157-1 City of Shakopee-Dev Racetrack Tax Increment District X1, 804. 50 `IHA11373168-1 City of Shakopee Shakopee 84 Partnership Bonds X450. 00 SHA11373172-1 City of Shakopee Housing Alliance Project $98. 00 SHA1373157A-i City of Shakopee Racetrack Tax Increment-Condemnatio $56. 00 SHA51373011-1 City of Shakopee Prosecutions $1, 040. 00 SHA51373144-1 City of Shakopee Chard $651. 00 TOTAL $4, 295. 50 * *If you are considering the purchase of real estate, have your attorney review the property abstract to assure that the seller has ❑ood t i t ) o 4, 4-4, __._ TENTATIVE AGENDA ADJ .SPECIAL SESSION SHAKOPEE, MINNESOTA JANUARY 22 , 1985 Mayor Reinke presiding 11 Roll Call at 7:00 P.M. 21 Liaison Reports from Councilmembers 3] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 4] Approval of Consent Business - (All items listed with an asterick are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) *5] Approval of the Minutes of January 8, 1985 6] Communications: a] Roger and Joan Salter re : 1985 graduation party b] Russell Heltne re : grant for Huber Park Trail Restroom c] Peggy Sand re : center for community development U of M d] Bill Berens re : angle parking on Fuller Street 7] Public Hearings : None 8] Boards and Commissions: Planning Commission: a] Request for Rezoning of Lots 6 & 7, Blk 56 (SW corner of 4th Ave . and Lewis St. ) from R-2 to B-3 by J . Lynch, J . McNearney and M. Spagnolo 9] Reports from Staff: a] Ashland Chemical update - verbal report by Mr. Joe Ries & Mr.Frechette *b] Application for Raffle License by Shakopee League of Women Voters c] Engineering Department Remodeling d] Horizon Heights Drainage Project e] Purchase of Typewriters f] Traffic Engineering Services for Intersection -No. 169/101 Improvements g] 1985 Municipal Caucus Legislative Policies h] Small Cities Development Grant (Res. No . 2365 and Res. No. 2366) i] Park Dedication Fees on Platted Land j ] Needs Assessment on Supervisory Management Skills k] Authorize payment of bills in amount of $227, 181 . 37 *11 Cancer Insurance Plan *m] Interfund Transfers *n] Appointments to Boards and Commissions *o] Nominations to Shakopee Community Access Corporation Board of Directors p] Lease with Shak-O-Valley Amateur Hockey, Inc . *q] Special Municipal Parking Lot Permits TENTATIVE AGENDA January 22 , 1985 Page -2- 10] Resolutions and Ordinances : *a] Res. No . 2364, Appreciation to Gary Eastlund *b] Ord. No. 158 , Adopting Performance Standards ( site design) 11] Other Business : a] Joint Meeting with SPUC tentatively scheduled for 7 :00 P .M. on February 4th at their office . What items would you like on the agenda? b] Goals and Objectives Sessions - confirm dates cu- kt, r /Yo / 9b' r, - � d] 12] Adjourn John K. Anderson City Administrator OFFICIAL PROCEEDINGS OF THE CITY COUNCIL SPECIAL SESSION SHAKOPEE, MINNESOTA JANUARY 8, 1985 Vice-Mayor Leroux called the meeting to order at 7:00 p.m. with Cncl. Wampach, Lebens, Colligan and Vierling present. Mayor Reinke arrived later. Also present were John K. Anderson, City Admr. ; Jeanne Andre, Community Develop. Dir. ; Judith S. Cox, City Clerk and Julius A. Coller, II, City Attorney. Colligan/Lebens moved to accept the special call of the Mayor. Motion car- ried unanimously. Wampach/Vierling moved to recess for an HRA meeting. Motion carried unanimously. Lebens/Wampach moved to re-convene at 7:08 p.m. Motion carried unanimously. Liaison reports were given by Councilmembers. Colligan/Vierling moved to approve the minutes of December 11, 1984 and December 18, 1984 as kept. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Wampach moved to approve the minutes of December 27, 1984 as kept. Motion carried with Cncl. Vierling and Lebens abstaining. The Admin. Intern explained the background of the request by the Energy and Transportation Committee to participate in a Feasibility Study with Chaska, Chanhassen and Eden Prairie. Discussion followed. Vierling/Lebens moved to accept the Energy and Transportaion Committee's recommendation for the City of Shakopee's participation in the Chaska, Chan- hassen, Eden Prairie feasibility study at a cost not to exceed $7,500.00. Roll Call: Ayes; Unanimous Noes; None Motion carried. Vierling/Colligan moved to accept the Transit Policy and amendments submitted by the Energy and Transportation Committee as formal Shakopee Area Transit Policy effective January 9, 1985. (CC - Doc. 82) Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Vierling moved to direct staff and Shakopee Police Civil Service Commission to commence the hiring process for one police patrol officer. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Lebens moved to authorize the purchase of computer equipment from Office Products in the amount of $3,100.00 to be charged to Community Develop. Capital Equipment. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Vierling moved to authorize the Police Dept. to purchase two used vehicles at a cost of $6,500.00 as budgeted for 1985. Roll Call: Ayes; Unanimous Noes; None Motion carried. Shakopee City Council January 8, 1985 Page 2 Colligan/Wampach moved to accept the quotation from Long Lake Ford for a Model 1910 Ford tractor for $9,646.00, including trade-in of Intl-Harv. tractor. Roll Call: Ayes; Unanimous Noes; None Motion �arried Wampach/Vierling moved to accept the low quotation of $5150 from Kappers Constr. Co. for a 1967 Heil pup trailer for the Public Works Dept. Roll Call: Ayes; Unanimous Noes; None Motion carried. Wampach/Lebens moved to accept the low quotation from MacQueen Equip. Co. for a V-plow for $3830. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Wampach moved to authorize the appropriate City officials to execute an amended agreement with the Jaycees to provide for a total contribution of $58,225. for Tahpah water and sewer and final payment of $13,225 be due 12/15/85. Roll Call: Ayes; Unanimous Noes; None Motion carried. Vierling/Lebens moved to direct staff that the balance of any costs on the Tahpah Park sewer and water project be paid for by the Park Reserve Fund. Motion carried unanimously. Vierling/Wampach moved to authorize staff to seek proposals for the services of an insurance consultant for various 1985 insurance policies. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Vierling moved to authorize the City Admr. to execute an agreement with Dor and Assoc. for an employee assistance program for 1985 in the amount of $879.75. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Lebens moved that bills in the amount of $1,150,231.75 be allowed and ordered paid. Roll Call: Ayes; Unanimous Noes; None Motion carried. Discussion ensued regarding utility work and charges for same on the Valley Park Drive and 12th Avenue improvement project. The City Admr, suggested a meeting between City Council and SPUC regarding various items to try to formu- late a policy that is agreeable to both bodies. Colligan/Vierling moved to approve Change Order No. 4 for Valley Park Drive and 12th Avenue Public Improvement 1984-5 in the amount of $354.75. Roll Call: Ayes; Leroux, Vierling, Colligan Noes; Wampach, Lebens Motion carried. Vierling/Wampach moved to direct staff to confer with SPUC to establish a work session between City Council and SPUC. Wampach/Lebens moved to amend the motion to include the memo by the City Engi- neer dated January 4,1985 regarding Valley Park Drive/12th Avenue in the dis- cussion to take place as soon as possible. Motion to amend carried unanimously. Main motion as amended carried unanimously. Shakopee City Council January 8, 1985 Page 4 Cncl. Lebens reported that Mel Lebens recently checked with the attorney general's office which stated that once these provisions are made, they can't be changed. If the City did acquire the property, it would have to go back and pay those who had been assessed for the parking lots. The attorney general's office stated it has not been finally decided and if a citizen wanted to challenge the City's right to take the parking lots for another purpose, it would probably have to go all the way to the Supreme Court for a final decision. Discussion continued regarding providing "like and kind" parking spaces if the parking lots were acquired. Mayor Reinke asked if there were any comments from the audience, and there was no response. Colligan/Wampach moved to close the public hearing. Motion carried unanimously. Leroux/Vierling moved to determine that a grant application should be submitted for a Small Cities Development Grant, based upon the recommended activities in the memo dated January 4, 1985 from the Comm. Develop. Dir. , including a con- tract arrangement with Scott County HRA and the acquisition of parcels in Block 2, OSP and the railroad depot. Motion carried unanimously. (CC - Doc. 83) Leroux/Colligan moved to have the City propose to the League of Minnesota Cities that it support a change in State statutes regarding comparable worth, to reverse the law that requires and mandates cities to establish comparable worth. Motion carried unanimously. Lebens/Leroux moved to request the League of Minnesota Cities, in its 1985 Proposed City Policies and Priorities, LUEET-9, make a change by deleting "additional funds or" and adding, after "levy" "on a local level". Motion carried unanimously. Leroux/Wamach moved to make a change in the League of Minnesota Cities Pro- posed Policies and Priorities by inserting the Caucus Policy drafted by the City Admr, with respect to Industrial Development Revenue Bonds in place of policy DS-1 on page 34. Motion carried unanimously. (CC - Doc. 84) Discussion followed regarding the Combined Sewage Overflow proposal, as far as how it will affect Shakopee and taxpayers in general. Leroux/Vierling moved to approve the League of Minnesota Cities 1985 Proposed City Policies and Priorities, as amended tonight. Motion carried unanimously. (CC - Doc. 85) Colligan/Vierling moved to authorize proper City officials to execute and record an agreement with property owners of Lots 2, 3, 4 of Block 1, Furrie's 2nd Addition, which precludes access onto Marschall Road upon payment of special assessments and park dedication, and to authorize the release of the developers agreement against said lots to be properly recorded with the Scott County Recorder simultaneously with the filing of the hearing and appeal waiver for sidewalk improvements to said lots. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Vierling moved to authorize proper City officials to execute a con- tract with Roy Baker for electrical inspection services for the City of Shako- pee for 1985. Roll Call: Ayes; Unanimous Noes; None Motion carried. Shakopee City Council z.,-w—iry 8, 1985 "gV 3 Mayor Reinke arrived and took his seat at 8:02 p.m., and took over the gavel. Colligan/Vierling moved for a five minute recess. Motioncarried unanimously. Leroux/Wampach moved to re-convene at 8:08 p.m. Motion carried unanimously. Leroux/Lebens moved to reconsider the earlier motion for the approval of the purchase of a pup trailer, in light of additional information supplied by Mayor Reinke. Motion carried unanimously. Leroux/Vierling moved to table the purchase of a pup trailer for two weeks to allow an additional bid on the item. Motion carried unanimously. Leroux/Colligan moved to accept the Certificate of Completion for JEJ Drainage of former Chicago, Milwaukee, St. Paul and Pacific Railroad ROW contract no. 1984-3. Roll Call: Ayes; Reinke, Leroux, Wampach, Colligan, Vierling Noes; Lebens Motion carried. Colligan/Vierling moved to open the public hearing regarding the Small Cities Development Grant Proposal. Motion carried unanimously. The Community Develop. Dir. informed Council of the latest meeting with Mn/DOT in which they were informed that the Hwy. 169 bridge was a good candidate for bridge replacement, which makes it eligible for Federal funding in the amount of 80% of the estimated 8 million dollar cost for its replacement. She stated this opened up the possibility of another location for the bridge and therefore could affect the Block Grant application. The Comm. Develop. Dir. informed Councilmembers of the attendance at the two public hearings seeking comments for the application and the concerns expressed by Mr. Thibodeaux and Mel Lebens. She went over the various activities which are possible to be included in the grant application. Cncl. Lebens suggested acquisition of the railroad depot by the City for use as a Chamber office, which also could be used for a Farmer's Market and for sales and bazaars by various groups. The Comm. Develop. Dir. replied that she believed someone was pursuing privately the purchase of the depot, but she would check into it further. The City Attorney was asked for an opinion regarding the conversion of the two parking lots north of First Avenue for street purposes. The City Attorney res- ponded that when the parking lots were established and assessed, it was stated that they could not be used for any other purpose than parking lots. He asked the attorney general's office if the City could acquire the parking lots for highway purposes, but that office declined to offer an opinion. The League thought the City could convert the parking lot to another use as long as the City provided parking to replace that which would be absorbed into the highway. The City Attorney's opinion is that the provision in the statutue against using the parking lots for other purposes was made with the intention of prohibiting carnivals and exhibitions in the lots. Shakopee City Council January 8, 1985 r,e 5 Leroux/Wampach moved to approve the application and grant a bingo license and a gambling license for January 1, 1985 through February 28, 1985 to the American Legion, East First Avenue. Motion carried unanimously. Leroux/Wampach moved to approve the application and grant a bingo license and a gambling license for January 1, 1985 through February 28, 1985 to the V.F.W. , 132 East First Avenue. Motion carried unanimously. Wampach/Lebens moved to approve the application and grant an off-sale 3.2 beer license to Tom Thumb Food Markets, Inc. , 590 So. Marschall Road, effective January 9, 1985. Motion carried unanimously. Colligan/Vierling moved to designate the Shakopee Valley News as the official newspaper for the City of Shakopee for the year 1985. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Vierling moved to authorize the City Clerk to issue cigarette licenses for 1985. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Vierling moved to nominate Dave Dunwell and Bob Ziegler and nominate Don McNeil and Eugene Allen to the Energy and Transportation Committee. Motion carried unanimously. Colligan/Vierling moved to nominate Lee Davis to the Cable Communications Advisory Commission. Motion carried unanimously. Lebens/Wampach moved to nominate John Schmitt to Planning Commission. Motion carried unanimously. Leroux/Lebens moved to nominate Paul Wermerskirchen to the Industrial Com- mercial Commission, and. to nominate Tim Keane to the Industrial Commercial Commission. Motion carried unanimously. Wampach/Leroux moved to nominate Bob Ziegler to Community Services. Motion carried unanimously. Veirling/Leroux moved to nominate Virgil Mears to the Police Civil Service Commission. Motion carried unanimously. Lebens/Leroux moved to nominate Cncl. Vierling to be Acting Mayor in 1985. Motion carried unanimously. Leroux/Wampach moved to eliminate the City Council liaison position to the Energy and Transportation Committee. Motion carried unanimously. Leroux/Lebens moved to nominate Cncl. Colligan to serve on Shakopee Community Services Board. Motion carried unanimously. °Colligan/Vierling moved to reappoint Cncl. Wampach as liaison to SPUC. Motion carried unanimously. Vierling/Leroux moved to appoint Cncl. Lebens to serve as liaison to Planning Commission for the first six months of 1985. Motion carried unanimously. Shakopee City Council January 8, 1985 - Page 6 Leroux/Vierling moved that for a one year period the City Council does not have a liaison person on the Hazardous Waste and Sewer Services Board. Motion carried unanimously. Cncl. Leroux inquired about hazardous waste being stored at Ashland Chemical, for which that company has not provided an inventory. He expressed the con- cern of the Police Dept. and Fire Dept.of the safety factors that are involved. The City Admr. stated he will investigate the matter further and bring infor- mation back. Vierling/Colligan moved to appoint Cncl. Leroux to the Purchasing Committee. Motion carried unanimously. Leroux/Colligan moved to appoint Cncl. Vierling to the Purchasing Committee. Motion carried unanimously. Discussion ensued regarding various requirements that should be incorporated into the new liquor license ordinance, with Cncl. Leroux suggesting some ad- ditional requirements regarding code violations and appropriate possession of a location of a business before a license is issued. The City Attorney added some concern for provision of the retention of a license after a disaster occurs which destroys a business, so long as good faith efforts are made to rebuild. The City Attorney was instructed to research appropriate suspension/ revocation provisions for the violation of the occupancy load limits, with a consensus that it be handled by City Council rather than the Courts. Cncl. Leroux initiated a discussion of supporting efforts by Legislators to prohibit "happy hour" promotions at liquor establishments in an effort to have less drunk driving. Leroux/Wampach moved to approve the listed inspection, maintenance and permit requirements in the memo dated 12/84 from the Building Inspector, to be incor- porated into the new liquor license ordinance, along with the following re- quirements: 1. A liquor license will not be renewed if the building does not meet the code compliance terms at renewal time. 2. No liquor license shall be issued if a suitable location is not part of the application, and there must be a certificate of occupancy in effect before a liquor license is issued. Motion carried unanimously. Leroux/Vierling moved to direct staff to-draft a letter to our Legislators supporting legislation which would require bar owners to charge for every drink served, thereby eliminating the so-called "happy hour two-for-one" price sales. Motion carried unanimously. Colligan/Vierling moved to authorize the appropriate City officials to execute an amendment to the waste collection contract with Waste Management, Inc. to reflect a collection fee of $3.82 for seniors and $5.67 per month for regular pick-up. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Vierling offered Resolution No. 2363, A Resoltuion Amending Resolu- tion No. 2354 by Increasing Garbage Fees by 12 cents, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Shakopee City Council acuary 8, 1985 rage 7 Colligan/Vierling offered Resolution No. 2352, A Resolution Designating Of- ficial Depositories of City Funds for 1985, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Vierling offered Resolution No. 2360, A Resolution Adopting Assess- ments for the Weinandt Acres lst Addition Underground Electric 84-3, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Vierling offered Resolution No. 2361, A Resolution Accepting Work on the Weinandt Acres lst Addition Underground Electric 84-3, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Lebens offered Resolution No. 2362, A Resolution Amending Resolution No. 1571 Adopting the Personnel Policy, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Wampach moved to approve the Council Meeting Procedures for 1985 as outlined in the memo dated 12/29/83. Motion carried unanimously. Leroux/Wampach moved to reconsider the motion of December 18, 1984 approving the application and granting an off-sale intoxicating liquor license to Valley Liquor Inc. , Minnesota Valley Mall, upon surrender of the existing license of Dennis P. Breusehoff and Thomas J. Cox, a partnership, no later than Jan. 4, 1985, conditioned upon exclusive financing with Richfield Bank and Trust, Richfield, Minnesota. Motion carried unanimously. Leroux/Wampach moved to amend the motion to be conditioned upon the surrender of the existing license no later than January 11, 1985. Motion to amend carried unanimously. Main motion as amended carried unanimously. The City Admr. went over a few informational items. Leroux/Colligan moved that when Council adjourns, it adjourn to January 22, 1985 at 7:00 p.m. , and it also adjourns to an Executive Session following this meeting tonight to review 1985 labor negotiations. Motion carried unanimously. Leroux/Wampach moved to adjourn. Motion carried unanimously. Meeting adjourned r at 10:30 p.m. Judith S. Cox City Clerk Diane S. Beuch Recording Secretary / o*ECE, " 7~ ��KJ1 " ��8� �x"`" ^ � ��"� January 109 1985 CITY QF SHAKO�� ` ` Shakopee City Council Shakopee, Mn. 55379 Dear Council Members, The Senior Graduation Party Committee, is asking for your support and cooperation in our attempt to provide a safe, fun filled night for our 1985 graduates. This is the seventh attempt at this project, and based on past reports, the previous six have been a success. We plan to make every effort to insure that 1985 is no different. We have contacted Police Chief Brownell to gain his support in this effort. Having been assured that he was fully in favor of this project and that the use again this year of the police building would be okay with him. We ask your permission to use this facility to prepare the decorations. Thank you for your support these past years. We are looking forward to a SAFE and GREAT party. Sincerely. The Senior Graduation Party Committee Roger and Joan Salter Senior Chaircouple � � b Lower Minnesota River Watershed District �4 r i WARRIOR OFFICE BUILDING ry+ ` BURNSVILLE. MINNESOTA 55337 January 16, 1985 Russell A. Sorenson President Cpril B. Ess Vice President TO: Mayor Eldon Reinke & Jeanne Andre Russell Helene Treasurer Merrill Madsen Asst. Trrasurer City of Shakopee William J. Jaeger,Jr. Secretary 129 East lst Ave Laurence E. Samstad Engineer Shakopee, MN 55379 Frederick S. Richards Attorney RE: Huber Park Trail Project The Board of Managers met last Wednesday, 1-9-85, and processed the Grant for the Huber Park Trail Restroom. I would like to present this Grant to the Mayor at his earliest convenience. Thank you - 44- Y Russell K. Heltne Manager of LMWD �G CENTER FOR 201 NORTH HALL UNIVER COMMUNITY STUDIESSITY OF MINNESOTA ST Pq UL MN 55108 (612) 373-0272 January :17, 1985 Jeanne Andre Community Development Director City of Shakopee Cill 129 First Ave. E. _ Shakopee, MN 55379 Dear Ms. Andre, This letter confirms that the requested for riverfrontpark �versity of Minnesota student assistance 5th-year landscape architecture will be you Niznik, and students provided Winter 1985. Four Brad Pontius) have committed to work1onnek, Ted Maro .through early March. , Joseph the project from now -The community objectives that the .students have identified provide a tlfied are to: linkage to .DNR trail .and existing local and regional trails increase awareness .of - .integrate riverfront .and town throu the river as .gh development scheme - integrate points of .trail access as welan asset - reduce impact of grain trucks .and otherlhea proposed area bridge into scheme heavy traffic in .and around .project - address annual flooding problems - accommodate passive and active recreation - accommodate senior citizen .and icaped users - invite and provide for race track nclientele, tra Subsequentl trail users, -and tourists y they view the objectives of their project to be to: g - .create a cohesive allow for the g imae for the development of the riverfront eneration of conceptual ideas in a than a "final" finished product motivating involve the communityg sense rather - strive to meet estimated community design process through citizen fic land uses .on the recreational needs b participation consist of master plans developed Y indicating speci- fic realistic program .and time frame in order to meet co - develop an interest and s community spirit the community The Center. for Community Studies is the Landscape Architecture Pro s Jointly sponsored by the Center for Urban and Regional Affairs, 8 m, the Urban Studies Program and the School of Architecture. Jeanne Andre C Page 2 January 17, 1985 The students will be budget which meeting with you to Center for we expect will be work out a work Community Studies ex$200-$500. As we Program and estimated students for expects the discussed previously, trative Project .expenses .and if City of Shakopee to the costs (which are Possible to reimburse the expect the co included in. the .above Offset some of O nature .and mmunity to provide cost our adminis- timing of this active citizen range) . In addition, we the students but should citizen involvement support for the committee. include will be resolved project. a The at least three meetings 3' You and g with an advisory Thank you for Your support of this proJect. Sincerely, lstw ia-4 Peggy Sand Coordinator Center for Community Studies PS:md 6d TO: John K. Anderson, City Administrator FROM: Tom Brownell, Chief of Police SUBJECT: Diagonal Parking/Berens Super Market DATE: January 22 , 1985 INTRODUCTION William Berens, Berens Super Market, 123 West 2nd Avenue, has requested diagonal parking on the east side of Fuller Street, north of the Fuller Street entrance to Berens Market, to the alley between lst and 2nd Avenues. BACKGROUND Mr. Berens states that the recently completed addition to the Super Market has reduced on-site parking for employees and customers and additional parking is required. Parking in the municipal parking lot at West 2nd and Fuller Street is posted two hour parking which would prohibit employee parking for more than two hours. Customers could use the lot, however the potential for pedestrian/motor vehicle accidents would be sub- stantially increased. The City Engineer states Fuller Street north of 2nd Avenue is cut back within eight feet of the right of way and diagonal parking would not interfere with Fuller Street traffic. The Public Works Director stated that Fuller Street was constructed to allow diagonal parking as it was permitted at the time of construction. On August 21 , 1979 , council prohibited diagonal parking in Shakopee. On December 4 , 1979 , council granted diagonal parking at F four specific locations. I . St. Johns Church at West 8th Avenue 2. Mt. Olive Church at 911 East Shakopee Avenue. 3 . West side of Fuller at Jim & Lucy ' s. 4 . East side of Fuller at Video Vision. SEC. 9 . 40. PARKING RULES IN MUNICIPAL PARKING LOTS AND RAMPS. In municipally-owned parking lots and ramps , the Council may limit the sizes and types of motor vehicles to be parked thereon , hours of parking , and prescribed method of parking , provided that such limitations and restrictions are sign-posted thereon. It is unlaw- ful to park or leave standing any vehicle backed into a parking place , or to drive in a direction opposite the flow of traffic marked by "one-way" signs or arrows. It is also unlawful to park any vehicle in any municipally-owned parking lot or ramp contrary to the restrictions or limitations sign-posted therein without a permit in writing from the City. Source : Ordinance No. 62 , 4th Series Effective Date: 6-18-81 SEC. 9. 41. IMPOUNDING AND REMOVING VEHICLES. When any police officer finds a vehicle standing upon a street or municipally-owned parking lot in violation of any parking regulation , such officer is hereby authorized to require the driver or other person in charge of such vehicle to remove the same to a position in compliance with this Chapter . When any police officer finds a vehicle unattended upon any street or municipally-owned parking lot in violation of any parking regulation , such officer is hereby authorized to im- pound such unlawfully parked vehicle and to provide for the removal thereof and to remove the same to a convenient garage or other fa- cility or place of safety; provided, that if any charge shall be placed against such vehicle for cost of removal or storage , or both , by anyone called upon to assist therewith the same shall be paid prior to removal from such place or storage or safekeeping. SEC. 9 . 42 . UNATTENDED VEHICLE. Subd. 1. It is unlawful for any person to leave a motor vehicle unattended while the engine is running. Subd. 2 . It is unlawful for any person to leave a motor vehicle unattended with the key in the ignition. SEC. 9 . 43. VEHICLE REPAIR ON STREET. It is unlawful for any person to service , repair , assemble or dismantle any vehicle parked upon a street , or attempt to do so, except to service such vehicle with gasoline or oil or to provide emergency repairs thereon. SEC. 9 . 44 . PARKING FOR THE PURPOSE OF ADVERTISING OR SELLING MERCHANDISE. It is unlawful for any person to park a vehicle on any street for the purpose of selling merchandise thereon or there- in , or advertising any merchandise for sale or a forthcoming event, for a period longer than fifteen (15) minutes. Source: City Code Effective Date: 4-1-78 (Sections 9 . 45 through 9 . 49 , inclusive , reserved for future expansion . ) -213- Berens Super Market 123 West 2nd AVe Shakopee , Minn . 55379 January 16 , 1985 Chairman Shakopee City Council Shakopee City Hall 129 East 1st Ave CITY OF SHAKOPEE Shakopee , Minn . 55379 Dear Sir , Having completed our major renovation and axpansion of our business , we would like to petition the city council for some assistance . After listening to the rest of the business community , we undertook a 3 , 000 sq . ft . addition whild replacing our existing ceiling and floor tile and remodeling all the walls in the existing sales area . We also refaced the south and west sides of our exterior building . Since the project began , we have been running short of parking places and we would like to angle park on Fuller street next to our new addition. The city parking lot is usually near capacity and the area on Fuller Street has a set back for angle parking . Thank you for your consideration . Sincerely , Bill Berens Berens Super Market ga, MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac , City Planner RE: Planning Commission Recommendation on Rezoning Request DATE: January 17 , 1985 Introduction: At their January 10, 1985 meeting the Planning Commission approved a motion to recommend to the City Council that the request by J. Lynch, J. McNearney and M. Spagnolo to rezone Lots 6-7 , block 56 , from R-2 to B-3 be denied for the reasons that approval would be "spot zoning" and that the request is not consistent with existing zoning. Background: The applicants propose to develop the former Deutsch house into a Bed and Breakfast facility. The request for the rezoning is based upon the proposal to expand the B-3 zoning district in order to coincide with the adopted Downtown Revitalization Plan. If the "expanded B-3" were approved, the block directly north of block 56 would be B-3 . (Please refer to attached information regarding Bed and Breakfast facilities and alternative for incorporating this use into current land use provisions ) . Following the motion for denial of the rezoning, the Planning Commission directed staff to schedule a public hearing for a proposed amendment which would classify Bed and Breakfast Inns as a conditional use in the R-2 , R-3 , R-4 B-1 and B-3 zoning districts . The public hearing is scheduled for February 7 , 1985 . Recommended Action: Offer a motion to deny the rezoning request for the reasons that the request is not consistent with existing zoning and that a significant change in the neighborhood has not taken place. JS : cah Attachments • - 1�t3 MEMO TO: Shakopee Planning Commission FRODATF.: Judi Simac, City Planner PPT January 4 , 1985 APPLICANT: J. Lynch, J. McNear LOCATION: Lots 6 & 7 ney, r • Spaqnolo ZONING : , Block 56 ; 134 Fourth Avenue R-2 Urbran Residential LAND USE: Existing single family home APPLICABLE REGULATIONS : Section 11. 26 FINDINGS REQUIRED: and proposed Section 11. 31 4 Section 11. 04 , Subd. 7 Request: The applicants are re 1 subject property from R-2 UrbanRes an dentialdtonB-3oCerezone ntral $he .in order to establish a Bed and Breakfast facility. usiness Considerations: 1- The subject property is known as the Deutsch House, which wa built in 1900. The property has been for sale since mid s and over the past 6 months stat 1984 regarding the suitability of the structurefor ored several inquiries facility. a Bed and Breakfast 2. The City Zoning Code does not define zoning districts, a Bed and Breakfast norlist .in any of the determination shouldfacility. Therefore a it shall be regulated. made asttoFwhat the faciliyy (See stagy memo dated 1/4/85,reandgedw and Breakfast facilities ) . 3 . The application for the E- proposed revision to the B3 zoning is based upon the staff include Block 49 3 district boundaries which would B-3 Distr ' y which is directly North of Block �6, in the ict. Subsequently the staff to the B-3 would allow Proposed text amendment for conditional use. Bed and Breakfast faciiities as a 4 . The Comprehensive Plan designates the area as Urban The existing surroundin an Residential. reside nstitug uses are single family, and mid-density residential and i Mona_. 5 . On street parking in the area is limited, with peak uses causing congestion. 6. The site is served by sanitary sewer and water. 7 • The cone lists the following criteria or findings for suing g 1 ) the original zoning ordinance is in error 2 ) Significant changes in community goals or policies have taken place . 3 ) Significant changes in City-wide or neighborhood development patterns have occurred. 4 ) Implementing the Comprehensive Plan ' s growth management program. Staff Recommendation: Although staff supports the adaptive re use of this historical) significantly structure, it is recommended that the rezoning be denied . for the reason that a significant change in the neighborhood has not taken place, and the neighborhood is primarily residential. As an alternative, staff would recommend that the code be amended to allow Bed and Breakfast facilities in the present R-2 District subject to the recommended criteria in the staff memo dated 1-4-85. Action Requested: Motion to recommend to City Council that the rezoning request is denied. JS:tw MEMO TO: Shakopee Planning Commission FROM: Judi Simac,. City Planner RE: Bed and Breakfast Facilities DATE: January 4 , 1983 Introduction: Recent inquiries and an actual proposal to develop a Bed and Breakfast facility have initiated staff research and this subsequent report. The information should be considered prior to making any amendment determinations . Bed and Breakfast I. Definition: Bed and Breakfast establishments (B & Bs ) try to offer something different from the typical hotel or motel. Many B & Bs are located in restored historic buildings that offer charm, comfort and privac not available in motels and hotels located along major highways. In most communities B & Bs pose no problem, however some resort and tourist communities are concerned with the of the B & Bs . number, size and locations In a sense, the B & Bs are hybrid f L he singleboarding home and a hotel. Despi.tethelackof regulat.ion1by most communities , they are growing in number and popularit Clearing house - HOTLIy. One ST - lists over 1000 Bed and Breakfast hostsnin the United States . The Minnesota Office of Tourism publishes a brochure with thirty-one establishments in B & Bs also reflects the interest eople �haVeed �in wide. The trend ion of large old homes, but find the costOf maintenance �nrohibitive�wit out some degree of income from the building, p with- Out II. Shakopee City Code The Zoning Code does not define nor list facility in any of the zoning y_ • a Bed .and Breakfast r ng districts . Hotels and defined and are either permitted Motels are Districts. are ��ed or conditional uses in the Business The code does offer a definition of the term Boardinghouse however that use is not listed in an - guest home, rooming .� y of the districts (neither is house etc. ) . The R-3 and R-4 ; for multiple dwellingsDistrict do allow that each unit has iunits , however the practical interpretation is . s own kitchen, bath etc. The proposed B-3 or Downtown zoning ordinance lists Bed and Breakfast faciliti es as a conditional use. T' category Proposed for the following This ca�ego_yras been reasons : 1 ) It would allow for the adaptive re use of lar facilities 2 large, olde�,- , residential units to become lodging most lodging facilities are commercial in na-ure 3 ) the retail shops and restaurants within walking distance ` all enhancement of the downtown district b , d-s `nnce and 4 ) the over hayin within its boundaries . g and lodging ITT • Criteria Research indicates that the only area of specific regulations for Bab. Bs she country which has prom city to city is California. the most common Although items cr�ter�a include: vary 1• Unit must meet Sate Health and Building Code requirements . 2. They are not Permitted in single zoning dist 3 . family residences, ricts which permit only Only quests may be served meals, which is usually 111 limited to 4 . Kitchen may not become S. commercial in size or e Facility limited to five rooms. quipmen.. 6. The operator resides within the establishment 7. The guest stay is limited 8. Off � to 30 days. s -reet parking required: 1 space operator. per room, Plus one for 9. Signage is limited to approx. 2 sq. ft. (nameplate) 10. Facilities not plate) located within 500 ' of each other. 11. The Building is historic (100 yrs • or older) 12. The Building must exist and not be or0I Of B & B. constructed for 13 . Consideration the purpose given to surrounding uses. The communities wit specific guidelines r within Minn. sota t have A guest houses " for them. The Cit that B & Bs do not have which Y of Roche e districts . y. 11waherre Permitted in he B , sten considers B & Bs St usiness and are presentl has permitted B & Bs as Multi-Residential Y located �n the R-2 (note: "boarding City of Hastings , which has B & Bs -eQ_t,ir ng houses " which and is interested e 5 rooms or less ) . The in how has never handled them in a clean way Shako-pee proceeds . The State of Minnesota for Bed requires a lodging and Breakfast operations . �, g icense and is ten or fewer Persons , If she food license above , domestic capacity of the food service requires sophis�icated food SeY1pment is permitted, eleven Ice consists only of coffee or 1, -ev�n or another other vice eaui�ment. If source, th_ Bever es - breakfast food license" . rAn rages I ' and Pastries purchased will any zorin bell ense, would be a "limited from consider g muses Y ssuance of gab--shed before the licenses state TV• Alternatives 1• Permit Bed and do Breakfasts in the B_ not permit them in any resident: 3 as a conditional use* 2. Permit B & Bs -a1 dist and as a ccnd,t-Oval use* in the B-3 R-� and R-ti . 3 • Permit E & Bs as Districts . a conditional use* in the B-3 , R-3 and R-4 4 . Do not amend the code to address B & Bs . 5 . Interpret B & Bs as home occupations and address accordingly. �� With or wCriteria without adopted P for B & Bs. Staff Recommendation: Although Shakopee does not have a large, historic and traditional) great number of si to address the Bed and Breakfastyesingle shadhment ge is reasy y homes there is reason in the community. Staff recommends thbt the zoning code be amended to inc and Breakfast establishments as a conditional use in the B- and R-4 with she followin ,- • Jude Bed y } 3 , e) : R-3 g c_iteria (to be included in the code) : 1• In the R-2, R-3 and R-4 District the owner or reside within the facility. operator must 2• The establishment must requirements. meet State Health and Building Code 3. Only guests may be served meals. • The facility shall be limited to five rooms . 5 ® The building must be either historically significant least 75 years old. or at 6. Guest stay is limited to 30 days. 7. All omust be off for operatr. -street, one space per room and one 8 Signage limitedto two square feet °• No Bed and Breakfast L. facilit Of another B & B y shall be located within 500 feet racility as measured along street 10. Consideration shall be -rontages . given to surrounding land uses . JS:tw 1 Ilii-Illi' ISI 1111 Hid � j r z _ - r ]• L, r fr Scmmenvte Street .I � � ❑ LL. -� � II - L. I L1 ll L r PETITION TO THE PLANNING CO�t"IISSION ANZE) CITY COUNCIL OF THE CITY OF SHAKOPEE The undersigned owners of real estate within 350 feet of Lots 6 and 7, Block 56 in the City of Shakopee hereby voice their strenuous opposition to the proposed amending of the Shakopee City Code, Sections 11.22 and 11.29 to enable the establishing of a so-called 'bed and breakfast' facility in the former Deutsch home located in Block 56 as a conditional use in a B-3 District. Our opposition is based mainly on the following reasons: 1. The proposed amendment, if carried out, constitutes spot zoning which is contrary to orderly zoning procedures and to Shakopee's past and present policy. 2. The proposed amendment, if carried out, would not be consistent with the contemplated future re-zoning and expansion of the central business district. 3. The proposed amendment, if carried out, would reduce the value of the other existing 7 residences in Block 56 as well as the value of homes adjacent to Block 56 and would involve two houses in Block 56 that are onthe National Register of historic Buildings, namely the Deutsch and Coller homes. 4. The proposed amendment, if carried out, would open up the door for further and uncontrollable re-zoning in Block 56 which would shatter the quiet and peace of the area now exclusively used for residences and the following non-residential uses grandfathered in and benefitted by the quiet non-commercial nature cf the area, namely: Cavanaugh-McNearney Mortuary, St.Mary's School, St. Mary's Church, Central Elementary School, Scott Counts' Court House. 5. The proposed amendment, if carried cut, would overburden an already crowded parking area which would not be aided by off-street parking in the rear of Lots 6 and 7. 6. The removal of trees and shrubs and lain and replacing them with a black-topped parkin- ares would be an unnecessary barring note In the mi6st of a lover', historic and wel-1-miiaintained nei htDornood. We pray that the proposed amendment of Shakopee City Code be rejected at this time. • 2tr� c fr PETITION TO THE PLANNING COMMISSION AND CITY COUNCIL OF THE CITY OF SHAKOPEE The undersigned owners of real estate within 350 feet of Lots 6 and 7, Block 56 in the City of Shakopee hereby voice their strenuous opposition to the proposed amending of the Shakopee City Code, Sections 11.22 and 11.29 to enable the establishing of a so-called 'bed and breakfast' facility in the former Deutsch home located in Block 56 as a conditional use in a B-3 District. Our opposition is based mainly on the following reasons: 1. The proposed amendment, if carried out, constitutes spot zoning which is contrary to orderly zoning procedures and to. Shakopee's past and present policy. 2. The proposed amendment, if carried out, would not be consistent with the contemplated future re-zoning and expansion of the central business district. 3. The proposed amendment, if carried out, would reduce the value of the other existing 7 residences in Block 56 as well as the .value of homes adjacent to Block 56 and would involve two houses in Block 56 that are onthe National Register of Historic Buildings, namely the Deutsch and Coller homes. 4. The proposed amendment, if carried out, would open up the door for further and uncontrollable re-zoning in Block 56 which would shatter the quiet and peace of the area now exclusively used for residences and the following non-residential uses grandfathered in and benefitted by the. quietnon-commercial nature of the area, namely: Cavanaugh-McNearney Mortuary, St.Mary's School, St. Mary's Church, Central Elementary School, Scott County Court House. 5. The proposed amendment, if carried out, would overburden an already crowded parking area which would not be aided by off-street parking in the rear of Lots 6 and 7. 6. The removal of trees and shrubs and lawn and replacing them with a black-topped parking area would be an unnecessary jarring note in the midst of a lovely, historic and well-maintained neightborhood. We pray that the proposed amendment of Shakopee City Code be rejected at this time. 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IID , C.,-N w ° n p'•° 'i7 ID m ° o'•''w °' C) 'T"?'rt0 o rD nN07 nO 00 V �� w �R un � ,, "o o (�� y imp ° m O ,w.r� E . O pvID 5; ~i O: OUQ ry ¢, V °� 'C� n 7 �'w,G. �°� dry 0� 0 m Bed & Breaikfast From Maine to California, Americans are discovering the pleasures of this traditionally British institution. by Norman T. Simpson A a is being swept by the 1920's and 1930's, which was canopied or four-poster beds, marble--and-breakfast fever. notoriousfor its threadbare carpets, topped chests, handmade quilts, ong well-traveled high- skimpy towels and creaky beds, the braided rugs and family portraits; if you ays, in quiet country B&B establishment is, at the least, are lucky, you might even end up in a ` villages and in the comfortably and attractively furnished. room with a working fireplace. Hand- center of bustling towns—bed-and- In some cases,it may be opulently out- some reproductions of antiques grace breakfast inns and homes are popping fitted, featuring such luxuries as the rooms of some B&B establish- up all over the country; California alone Jacuzzis, hot tubs, breakfast in bed ments,and a few places are filled with boasts more than 450 accommodations. and shoe-shine service. the real item,complemented byorien- There are establishments custom- The main distinction between a tal rugs and fine objets d'art; their ya j made for bicylists, hikers, skiers, city B&B home and a B&B inn is not sim- opulence is reflected in higher rates. folks seeking tranquillity and antique, ply one of size, although the inn usu- Most homes and inns, however, fea- history and architecture buffs. ally has more bedrooms and at least ture furniture best described as"early Just a few years ago,the term"bed- one common room reserved exclusive- attic'-interesting if well-worn relics and-breakfast;' or "B&B;' was as- ly,for guests, It has more to do with at- obtained by the family at auctions,flea sociated almost exclusively with Brit- mosphere: a home, where guests markets and antique stores. ain: it evoked an image of the thrifty share the living and dining rooms, full In many B&B homes, guests share English housewife who tucked away a of personal souvenirs, bibelots and a bathroom. However,just as innkeep- few extra shillings by renting out her photographs, with the host family, is ers have become more responsive to two spare bedrooms and offering a bit obviously more intimate. Innkeepers, the American public's preference for of breakfast. Today, however,the B&B on the other hand, often live in privacy, many B&B proprietors have establishment is no longer solely a separate quarters, and are not always added private baths to the guest British institution; it has become an accessible to their guests. rooms.There is a segment of inn-goers American phenomenon. One fortunate result of the B&B who don't mind sharing a bathroom, On this side of the Atlantic, the movement has been the renovation of myself among them. definition of a B&B accommodation is a number of lovely, capacious old The breakfast part of the B&B equa- elastic,stretching to include everything buildings. Beautifully restored homes tion is usually continental—meaning from small private homes with a cou- and inns, many of them on the Na- juice, breads or rolls, and coffee. This ple of extra bedrooms(resembling the tional Register of Historic Places, can term, however, is open to interpreta- British original),to imposing mansions be found in such disparate places as tion. You may be served orange juice with chandeliers and parquet floors,to southern California, Colorado, Maine that is frozen or freshly squeezed, or rustic lodges overlooking a lake or the and New Jersey. Dilapidated houses, you may be offered a choice of juices sea, to country inns and small hotels whether they are Victorian piles or and fresh fruit. A couple of slices of that offer a complimentary breakfast Federal town houses, are prime can- toast may follow, or you may be pre- along with room service. A far cry from didates for bed-and-breakfast conver- sented with a spread of home-baked a distant cousin,the"tourist home"of sion. More eccentric structures, such breads, sweet rolls, croissants, muf- as former mills,factories,schools, hos- fins, popovers—you name it—accom- Morningsata B&B lodging may begin pitals,barns and carriage houses,have panied by jam,sometimes made from w' with homemade muffins, a bowl of also been made into lodgings. fruit harvested in the yard. Freshly fresh fruit and hot tea or coffee. Inside, it is not unusual to find brewed coffee and a choice of a dozen Y Y _ .-.- Adventure Road January/ 1985 13 teas may be offered. Some hosts— good restaurant nearby. hours. For similar reasons, make sure they are more the exception than the When you arrive,you may be greet- your room doesn't front a busy street. rule—have no truck with such dainty ed by a single woman or man, two Be wary if the house or the yard shows fare; they serve such stick-to-your-rib women,two men,a man and a wom- neglect;chances are the inside will also items as hot cereal,eggs and bacon or an partner,a married couple or a fami- be shoddy. A final word of caution: sausage, French toast, pancakes,waf- ly;your host may be either young,old small mom-and-pop establishments, fles, omelets, quiches, crepes, fritters or middle-aged. No particular combin- unlike larger places, are not usually and roast-beef hash. However, in these ation or age range seems to have the subject to local bylaws: they may lack days of thinking thin, many people corner on success. Usually,the host's liability insurance,and their fire preven- don't care for a big breakfast, so the personality determines if the atmos- tion features and sanitary standards continental one fills the bill nicely. If a phere is casual or formal. Guests may may leave much to be desired. 3 heartier meal is preferred, it may be be welcome to wander into the kitch- Small children are not generally wel- available for an extra charge. en, they may gather around the table come at B&B establishments. At those Most B&B proprietors do not pro- for breakfast, or they may help them- places in which they are allowed, the vide other meals, although afternoon selves from a buffet and retire to their host's own children may provide diver- tea with cookies or crackers is coming rooms. Some proprietors inspire their sion. Very often a friendly dog or cat into vogue. Some hosts serve wine and visitors to pen poems about them; adds a homey touch. If you are not cheese or hors d'oeuvres at cocktail others are savvy,alert to opportunities partial to children and you notice toys hour—a custom almost de rigeur in for publicity, such as the B&B owner scattered around the yard,or if you are tl' y California and, I suspect, in other areas I encountered a few years ago in the allergic to animals and see a doghouse, ' where there is a good deal of competi- Midwest: when I arrived at the estab- you'd best drive on.tion. (In all fairness, many proprietors lishment, after having driven many With theexceptionof inns, most �•., ! offer these little extras simply because miles, I discovered that the enterpris- B&B places do not feature swimming they enjoy making their guests feel at ing innkeeper had made arrangements pools, tennis courts and other recrea- home.)A cold or even a hot meal may for my visit to be covered by two televi- tional facilities. However, many are sur- not be out of the question for the fam- sion and three radio stations and both rounded by woods or cross-country ski ished traveler who arrives at dinner- local newspapers. trails. Some places are equipped with time, and some inns serve dinner reg- In choosing B&B accommodations, indoor diversions, such as books and ularly. However, it is best to check there are a few points to consider, If magazines,video tapes,board games ahead: dinner is available at some you are a smoker, find out if the place and jigsaw puzzles, which can be a places if arrangements have been has a no-smoking policy; otherwise, boon if your vacation gets rained out. made in advance. Otherwise, the pro- you might end up out on the porch try- The intimacy and sociability of a prietor can probably recommend a ing to enjoy a cigarette in a gale. If the B&B home can become a bit sticky, house is adjacent to a restaurant or a given the wrong mix of people. How- The inn at Stockbridge, in Massa- tavern,your sleep might be pierced by ever, I believe that B&B visitors tend to chusetts,offers skiers a cozy respite. the sounds of merriment in the wee be a friendly, tolerant lot, who enjoy different kinds of people. I've heard stories about guests who were eager to pitch in and help out when a problem 3 t arose. Perhaps B&B accommodations are answering a real need for human contact, felt not only by guests, but also by proprietors. People don't open y their homes to strangers solely be- `' cause of the profit motive; running a _ �- B&B establishment is not that lucra- tive. Many B&B owners have told me - - that their real reason for into the business was to escape from the cor- porate world and live in a more a - - humane way. Most said they were glad they had made the change. I, too,am _ glad they made the change—B&B hosts are offering growing numbers of F' travelers a home away from home. Norman T. Simpson is the author of the Country Inns and Back Roads series —" -• .----�" " ""` and Bed& Breakfast, American Style. 14 Adventure Road January/February 1985 Jane M. Hauer 2439 Mauer Trail Shakopee, Minnesota 55379 December 18, 1984 To: The Shakopee Planning Commission As personal representative of the estate of Henrietta Deutsch,, and in behalf of my three sisters, I would like to state that we are very much in favor of the bed and breakfast plan as presented by Joan P. Lynch, Juliet McNearney and Marcia A. Spagnolo for our family home. The house, at 134 4th Avenue East,, was built in 1900 by our grandfather,. Matt A. Deutsch, and has been lived in and loved by his heirs until'. the summer of 1984 when Putt' s second daughter, Henrietta, died. Because of the many, marvelous memorises we hold, our hope was to keep the house within the family, but this did not prove feasible. Over the years, many people have inquired about the availability of the house, and never, did we think it would leave the family. Present economics eliminated many interested and perspective buyers as did the size of the house and the need for updating it. The bed and breakfast idea was brought up by many of the parties interested in our home. The history of the house and its unique style and size were important factors in developing this concept. After showing the house to many people, my sisters and I decided the three women, named above, best presented ideas compatible with our own, for the use of our family home. They want' to restore and preserve the house; thereby allowing its rich history to come forth. Our grandfather, Matt Deutsch, was forward thinking in building such a house in 1900 and this uniqueness would be preserved and available for everyone to enjoy. We believe, the Deutsch house, as a bed and breakfast, would enrich the city of Shakopee. Sincerely, signed by Jane M. Hauer and sisters — Betty F-itzmaurice Ruth Goulet Georgia Tell john S G' ,i4a-jeer,t� ter. w eut� 2-0 YaA 7�- MAYOR: CITY COORDiNALOR: Harry D. Peterson water Nile L. Kriesel COUNCILMEMBERS: CITY CLERK: Ann Marie Bodlovick _ Bonnie J. Kirtz Thomas Farrell Jay Kimble THE BIRTHPLACE OF MINNESOTA FINANCE DIRECTOR: Brad MacDonald Betty J1, Caruso CITY ATTORNEY: David T. Magnuson January 4, 1984 City of Shakopee Judi Simac 129 E. First Avenue Shakopee, MN 55379 Dear Ms. Simac: Presently there are two Bed and Breakfast Homes in the City of Stillwater. The first being approximately two years old, the second one year. Initially, in both cases , there was a great deal of organized opposition to both operations - objections were traffic problems, parking, noise , commercial venture in residential neighborhoods, etc. We have had, to my knowledge , no complaints what so ever on the two establishments. I have made a point to ask of the people who initially objected if there are any problems. Their ready response is "we don't ever know they are there". One of the places is doing fairly well yet one of the neighbors said "I don' t think they do any business" . A check with the Stillwater Police just now confirms they too have had not one complaint. I have enclosed the documentation from the files in hope you may get some information you will find helpful . Sin�e.r-ply, Allen 0. pper Zoning Administrator c.c. Julie McNearney City of Orono CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA.55082 PHONE: 612 434-6121 :i STATE OF MINNESOTA OFFICE OF THE LIEtiTENANT GOVERNOR MARLENE JOHNSON ST. 1'AUI. LIEUTENANT GOVERNOR January 2, 1985 Shakopee Planning Commission Shakopee City Council 129 East First Avenue Shakopee, Minnesota 55379 Dear Planning Commission and City Council Members: It has been brought to my attention that you are in a position to grant permits for a bed and breakfast facility in Shakopee. Bed and breakfast facilities are an exciting new concept in Minnesota and, as Lieutenant Governor, I support and enthusiastically endorse the proposed plan for the Deutsch House in Shakopee. Warm regards, MARLENE JOHNSON Lieutenant Governor AN EQUAL OPPORTUNITY EMPLOYER N CITY OF SHAKOPEE INCORPORATED 1870 129 E. First Ave. - Shakopee, Minnesota 55379-1376 (612) 445-3650 0 -Ij{ a January 10, 1985 Ms. Spagnolo, McNearney and Lynch 11 South Shannon Dr. Shakopee, MN 55379 RE: Proposed Bed and Breakfast Facility Dear Ms . Spagnolo, McNearney and Lynch: Thank you for your presentation to the Downtown Committee on your proposed Bed and Breakfast facility. For your records, I would like to state that following the presentation, Mr. Stillman moved, seconded by Mr. Wampach, that the Downtown Committee endorse the concept of a Bed and Breakfast facility at the proposed site (Fourth and Lewis ) as complimentary to the Downtown Plan, and the motion carried. ' Chairman Laurent explained that the Downtown Committee has always dealt with broad concept issues and will rely on the rest of the review process to sort out issues such as zoning, parking, etc. Please let me know if you would additionally like to have a copy of the minutes of this meeting after they have been approved. Sincerely, Jeanne Andre Community Development Director JA:tw The Heczrl of Progress V zHoil An Equal Opportunity Employer a Rtl . 1111 f. LICENSE CONDITIONS FOR ASHLAND CHEMICAL COMPANY 'S HAZARDOUS WASTE FACILITY LICENSE 1 . The underground tanks used to capture spilled liquids and/or fire water must be maintained empty ( no more than 110_ gallons ) and should be emptied on a daily basis or as needed . 2 . A letter of agreement between the Shakopee Police and Fire Departments must be signed and submitted to Scott County within 90 days of the issuance of this license. The letter must outline the emergency response procedures and designation of authority for major spills and all fires . 3 . All wastes must be stored in accordance with National Fire Protection Association recommendations as identified in their Fire Protection Guide on Hazardous Materials or as reauired by the Local Fire Marshal Reactivity and incompatibility of wastes must be determined prior to receipt of the wastes. Storage precautions must be available prior to receipt . Wastes which could react with each other must be stored in separate areas or buildings to avoid accidental contact including contact in spill recovery tanks . Wastes which could react with water must be stored away from sprinkler heads and placarded to advise against the use of water for fire fighting or spill cleanup . 4 . The Scott County Sheriff' s Office must be notified of all spills and emergency events involving hazardous waste. 5 . All shipments of hazardous waste in and out of the facility must be manifested on the Uniform National Hazardous Waste Manifest. The original generator ' s name , the date of shipment and EPA Identification Numbers must be written clearly on each manifest . Each manifest must also indicate the names of the treatment or disposal facility where the waste will ultimately go. Ashland Chemical must not be identified as the only or final site of receipt for any shipment . 6 . For all wastes held on-site longer than 10 days , Ashland must test the waste to verify that it is as was originally described by the generator and to determine manner of storage . The minimum tests to be performed include : physical description, flash point , pH , specific gravity and reactivity with water . All tests are to be performed in conformance with Environmental Protection Agency standards . Test results must be available for review by Scott County. 7_n lieu of this , waste identification and verification DrocedUres can be made a Dart of be letter of agreement between Ashland and the Shakopee Fire Marshall _ 7 . Ashland must submit a letter from their chief financial officer certifying financial assurance for liability and closure prior to final approval of this license and annually thereafter . CL Shakopee Fire Department SHAKOPEE.MINNESOTA 55379 November 28 , 1984 ` Ashland Chemical Co. 4401 Valley Industrial Blvd. Shakopee, MN 55379 Dear Sirs : This letter outlines the Shakopee Fire Department ' s require- ments for the Scott County Licensing of the Shakopee Ashland Chemical site for hazardous waste handling and storage. 1 . An extremely high life-safety hazard exists in the vicinity of this site especially during the daytime hours . Thus , we require a written evacuation pre- plan for the area in the event of a major incident at the Shakopee facility. This will include the Canterbury Downs Racetrack facility and Valley Fair Amusement Park. /- m d L Ad,us 2. A fire-fighting foam bank of at least 150 gallons shall be provided suitable for polar and non-polar solvents . Another 100 gallon bank of acid-base foam shall also be provided. It is proposed that these materials be stored on the appropriate Shakopee Fire Apparatus . This will make the material readily available to fire fighting per- sonnel without changes in regular operating procedures . If this foam should be used at another location after our existing foam bank is exhausted, it shall be replaced by the City of Shakopee . 3 . Three chemical protective suits shall be provided by Ashland Chemical Co. These would be required in order to send personnel into the proximity of a spill or leak involving toxic, carcinogenic, caustic , corrosive or otherwise hazardous mater- ials which will be moving through the facility. Many of these types of materials already exist on the site. It is proposed that these suits also be kept on Shakopee fire apparatus to facilitate proper training and ready access during emergencies . In this case also, if these suits are damaged through use elseshere in the City, they will be replaced by the City of Shakopee . 4. All manifests for the materials being stored on the site along with the storage location, chemical hland Chemical Co . November 26 , 1984 Page -2- physical analysis information, and associated classification and warnings shall be readily available to firefighting personnel . This infor- mation shall be available through the Scott County Computer and on the Ashland Chemical site . 5 . An emergency response "Action Plan" shall be made available to the Shakopee Fire Department for each material stored on the Shakopee Ashland Chemical site . These response action plans shall be made available before the hazardous waste is handled on the site. 6 . The emergency plan for Ashland Chemical Company' s Shakopee facility will be updated to include specifics such as when the deluge system on the yard hydrants should be used. 7 . The Shakopee Fire Department shall be able to tour and inspect the Ashland Chemical Facility at any time in order to keep familiar with the site and the hazards present. The Shakopee Fire Department finds the above mentioned require- ments necessary due to the extreme life-safety hazard in the vicinity of the Ashland Chemical Company' s facility in the Shakopee Industrial Park. The daytime population of this area is high especially with the opening of the racetrack and the existing Valley Fair Amusement Park. These pose large evacuation problems in themselves . Also , the possibility of property damage to nearby industrial sites in a chemical emergency also poses a problem The above mentioned requirements will allow the Shakopee Fire Department along with other emergency personnel to effectively control the life-safety hazard and property loss hazard. This can only be done through an adequate evacuation plan and an efficient emergency response with the correct tools to effectively control all possible chemical emergencies . Sincerely, David 0. Judd City of Shakopee Shakopee Fire Marshal DOJ : cah FROM: _�----� To � - CITY OF SHAKOPEE 129 East First Ave., Shakopee, MN Zip 55379 Phone (612) 445-3650 NAME; I SUBJECT: DATE 1 �� 4�A Z .- y IREPLY TODA gy � 1Va, hize- P Ilt ORIGINATOR KEEP PART 2 FOR FILE L COPY BY RMCC 847-3 DETACH AND FILE FOR FOLLOW— UP FROM: TO: � � - CITY OF SHAKOPEE c 129 East First Ave., Shakopee, MN Zip 55379 Phone (612) 445-3650 NA SUBJECT: . DATE - .1 - /1712 REPLY TO DATE BY 4� J-itl� BY O RMCC 847-3 �_� SCOTT COUNTY ENVIRONMENTAL HEALTH COURT HOUSE A102 SHAKOPEE, MN. 55379-1393 (612)-445-7750, Ext.354 OCT 2 5 1934 MEMORANDUM C;17-y OF SH-A K PFC TO John Anderson, Shakopee Administrator FROM; Allen Frechette , Scott County Environmental Health Specialist SUBJECT: Ashland Chemical Company' s Hazardous Waste Transfer/Storage Facility License. DATE: October 22 , 1984 As you recall , we have communicated over the last year and a half on Ashland Chemical Company' s hazardous waste facility license from Scott County. I held up consideration of this license until the Environmental Protection Agency (EPA) had completed their review. They issued a permit to Ashland on September 28 , 1984 . Many of the concerns that I had listed in my May 4 , 1983 memo to you were addressed by the EPA. I do, however , have some additional conditions which I will be recommending to the County Board of Commissioners on November 20 when they consider issuance of Ashland ' s license. I have given Ashland a few weeks to review my proposed conditions and respond , so there may be some changes in my recommendations depending on what they propose as alternatives or resolutions. My main concern still involves an emergency preparedness plan and arrangements for major releases and fires. My concern has increased with the construction of the race track nearby. I encourage your input on this issue and am asking that you contact the Shakopee Fire and Police Departments to advise them of this . An Equal Opportunity Employer LICENSE CONDITIONS FOR ASHLAND CHEMICAL COMPANY'S HAZARDOUS WASTE FACILITY LICENSE 1 . The underground tanks used to capture spilled liquids and/or fire water must be maintained empty and should be emptied on a daily basis or as needed. 2 . A letter of agreement between the Shakopee Police and Fire Departments must be signed and submitted to Scott County within 90 days of the issuance of this license. The letter must outline the emergency response procedures and designation of authority for major spills and all fires . 3. All wastes must be stored in accordance with National Fire Protection Association recommendations as identified in their Fire Protection Guide on Hazardous Materials. Reactivity and incompatibility of wastes must be determined prior to receipt of the wastes. Storage precautions must be available prior to receipt. Wastes which could react with each other must be stored in separate areas or buildings to avoid accidental contact including contact in spill recovery tanks. Wastes which could react with water must be stored away from sprinkler heads and placarded to advise against the use of water for fire fighting or spill cleanup. 4 . The Scott County Office of Planning, Inspections and Environmental Health must be notified of all spills and emergency events involving hazardous waste. The Contact persons are Allen Frechette or Peter Schmitt at 445-7750 , ext. 350 during normal working hours , or the Scott County Sheriff ' s Office at 445-1411 on weekends and evenings. 5 . All shipments of hazardous waste in and out of the facility must be manifested on the Uniform National Hazardous Waste Manifest. The original generator ' s name, the date of shipment and EPA Identification Numbers must be written clearly on each manifest. Each manifest must also indicate the names of the treatment or disposal facility where the waste will ultimately go. Ashland Chemical must not be identified as the only or final site of receipt for any shipment. 6 . For all wastes held on-site longer than 10 days, Ashland must test the waste to verify that it is as was originally described by the generator and to determine manner of storage. The minimum tests to be performed include: physical description, flash point , pH , specific gravity and reactivity with water. All tests are to be performed in conformance with Environmental Protection Agency standards. Test results must be available for review by Scott County. 7 . Ashland must submit a letter from their chief financial officer certifying financial assurance for liability and closure prior to final approval of this license and annually thereafter . FROM: - - TO: CITY OF SiHAKOREE 129 East First Ave., Shakopee, MN fi Zip 55379 Phone (612) 445-3650 NAME- � DATE g,�711 r XX I.. _. ,, REPLY TO DATE By r - _ `07 E 3� RMCC 847-3 f {' MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk Lr �l RE: Application for Raffle License by Shakopee League of Women Voters DATE: January 18 , 1985 Introduction and Background The Shakopee League of Women Voters has applied for a raffle license for February 6 , 1985 to be conducted at KSMM at 10 : 15 a.m. The League is also requesting Council to waive the requirement of having a fidelity bond in the sum of $10, 000 . (Must receive unanimous approval . ) Action Recommended Approve the application and grant a raffle license to the Shakopee League of Women Voters for February 6 , 1985 , and waive the require- ment of obtaining a $10,000. 00 fidelity bond. JSC/jms 7 C INCORPORATED 1870 * ENGINEERING DEPARTMENT 129 E. 1st Avenue - Shakopee, Minnesota 55379-1376 (612) 445-3650 MEMO TO: Jahn K. Anderson, City Administrator FROM: Fulton Schleisman, Engineering Inspector- SUBJECT: nspectorSUBJECT: Engineering Department Remodeling DATE: January 15, 1985 INTRODUCTION: One of the objectives discussed at the non-department head employee meeting on May 21, 1984 was the separation of the engineering offices from the blueprint room by constructing a permanent wall and a new entrance into the department. As an outgrowth of subsequent meetings with you and the Building Department. we have developed a detailed plan and cost estimate for review by Council. Even in anticipation of new City offices, increased productivity and a more healthful work environment justify consideration for this pra_7 ect. BACKGROUND: The operation of the ammonia based blueprint machine in the confined quarters of the Engineering Department has been a source of concern for several years. The use of the machine has increased as the demand for maps, plans, and miscellaneous prints has risen steadi1y. While the installation of a vent hood and exhaust fan two (2) _years ago have made the work area tolerable, ammonia vapor leakage from the printing apparatus and residual vapors released from the prints remain and accumulate in the existing 15 foot square drafting room. The current OSHA permissible exposure limit of 50 parts per million is higher than that normally experienced in the print room. However, Department of Health officials agree that levels as low as 10 - 20 can be obnoxious, annoying, and cause moderate eye irritation. Remodeling January 15, 1985 Page 2 The remodeling effort will combine the printer, with active ammonia use, in the same confined area with the stored supplies ( liquid ammonia, and chemical absorbers) . In the event of a leak or spill, this area could be sealed off until emergency personnel with protective clothing could respond. The ammonia problem is only one reason for the remodeling propo- sal. Other benefits of the project are: 1. More useable Floor Space Approximately fifty square feet now occupied as hallway and wall area will be converted to workspace. 2. Less Disruption. The print machine can be used in an area which will be isolated from the office area. 3. Additional Desk Space. The Engineering Secretary will regain use of her desktop currently used as a computer table. 4. Phone Improvements. One phone will be added, re- sulting in a phone in each workspace. A phone coupling will be installed so that the Stearns Computer can use the modem, thereby, enabling the Stearns Computer to communciate with Scott County' s Computer. The open office arrangement will enable workers to hear "com-line" calls and pages at all locations. 5. Better Service For Visitors. The new floor plan with a dutch door entrance and new location of the Secretary will better define the entrance to the department . 6. Improved Computer Access. The computers can be used without displacing someone from their workspace. The tape backup unit can be shared by both computers and permanently located. 7. More Electric Outlets. The number of outlets will be increased to accomodate normal needs as well as the computers and printers. Remodeling January 15, 1985 Page 3 The Building Inspection Department has agreed to provide the carpenter labor, as necessary, working after business hours in exchange for comp time. Carpenter labor time has been estimated as follows: 1. Remove and Dispose of Existing Walls. a. Remove walls per plan. Store excess salvaged material in basement. Haul away debris. 16 Man Hours 2. Reconstruction Work. a. Construct printroom wall using salvaged paneling. 10 Man Hours b. Repair sheetrock ceilings, touch up paint as. necessary. 4 Man Hours C. Repair carpet as necessary. 2 Man Hours d. Install one ( 1 ) salvaged door, build arid install dutch door with shelf using salvaged materials. 4 Man Hours e. Cut plywood for shelves and computer table. 2 Man Hours f. Install closable air vent in wall to hallway. 1 Man Hour TOTAL ESTIMATED BUILDING DEPARTMENT MANHOURS 40 Ea. Remodeling January 15, 1985 Page 4 The necessary electrical work would consist of: 1. Add electrical outlets at six (6) locations. 2. Cancel outlets at three (3) locations. 3. Add light fixture switches at two (2) locations. 4. Cancel switches at three (3) locations. 5. Correct three way light switches in Council Cham- bers. ESTIMATED TOTAL ELECTRIC COST $750. 00 New materials necessary for the project are: 1. 2' x 41s, Sheet rock, Nails, and Miscellaneous $ 100. 00 2. Office Partitions (may be re-used later) $ 850. 00 3. Closable Vent $ 50. 00 4. Shelving and Computer Table Materials $ 100. 00 5. Additional Phone, Wiring, and $ 300. 00 Modem Connection ESTIMATED TOTAL MATERIAL COST $1, 400. 00 The Engineering technicians will assist the tradesmen as nec- essary, move furniture and equipment, and install shelving. ACTION REQUESTED: Approve the expenditure for remodeling the Engineering Depart- ment based on the following estimate: 1. CARPENTER LABOR (BUILDING DEPARTMENTS 40 HOURS 2. ELECTRICAL WORK $ 750. 00 3. MATERIALS i $1, 400. 00 r A p ave r Submittal FS/pmp REMODEL C/ C = TY OF'_ SHAI{OPEE INCORPORATED 1870 * ENGINEERING DEPARTMENT 129 E. 1st Avenue - ShaKopee, Minnesota 55379-1376 (612) 445-3650 TO: John K. Anderson, City Administrator FROM: Ray Ruuska, Engineering Coordinator SUBJECT: Horizon Heights Drainage Project DATE: January 18, 1985 INTRODUCTION: It has come to my attention that the signed agreement document from the two property owners involved in this project has not yet gone to City Council for authorization. BACKGROUND: City Council has previously authorized construction and work has been completed on this project. As a housekeeping matter the agreement should go to Council for authorization. ACTION REQUESTED : A motion authorizing proper City officials to execute an Agree- ment with G. Thomas Riffe and Jane C. Riffe and H. Eileen Muhlen- hardt to Allow Construction of Dyke and Installation of Culvert for Horizon Heiq_hts Drainage Project. RR/pmp HHDRAIN AGREEMENT TO ALLOW CONSTRUCTION OF DYKE AND INSTALLATION OF CULVERT WHEREAS, G. THOMAS RIFFE and JANE C. RIFFE, are the owners of Lot 2, Block 2, Horizon Heights and H. EILEEN MULENHARDT is the owner of Lot 3, Block 2, Horizon Heights, all of whom are hereafter referred to as "Owners"; and WHEREAS, the CITY OF SHAKOPEE, hereinafter referred to as "City" , is a body corporate and politic located within the County of Scott, State of Minnesota; and WHEREAS, the above—described Lots 2 and 3, Block 2, Horizon Heights , are located within the City of Shakopee and are presently subject to serious soil erosion and will be in the future subject to even more persistent and serious soil erosion which the Owners and City wish to correct; and WHEREAS, this agreement is entered into by and between the Owners and the City for the purpose of insuring that said erosion is arrested and corrected; NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. That the Owners do hereby grant to the City, its agents and employees, the right to come onto said Lots 2 and 3, Block 2, Horizon Heights, for the purpose of constructing an earthen dyke and installing a culvert related thereto in the approximate dimensions shown on the drawing which is marked Exhibit A, attached hereto and incorporated herein by reference. 2. That upon the completion of the construction of said dyke and the installation of said culvert, the City agrees that it shall develop a legal description of the actual position of said dyke and culvert, and the Owners agree that they shall execute a permanent easement over, across and under the property so described giving the City of Shakopee the right to enter onto said property for the purpose of maintaining or renovating said dyke and culvert. 3. That upon the execution and delivery of said easement as herein- before provided, and the filing thereof by the City of Shakopee, this Agreement shall become null and void and the obligations and/or duties of the parties shall be set forth exclusively in the said easement document. 4. That this Agreement shall be binding upon the Owners, their successors, heirs and assigns. 5. That the City agrees that it shall neither suffer nor allow any liens of any nature to be placed upon Owners' property as a result of the construction of said dyke and culvert and that the City shall be exclusively responsbile for all costs connected therewith in conjunction with the Scott County Soil and Water Conservation Department which is assisting in the financing and construction of said dyke and culvert. 6. That should the City be unable to arrange for the financing and construction of said dyke and culvert within a twelve (12) month period from the date of this Agreement, this Agreement shall be null and void and the City agrees to execute any necessary releases as requested by Owners. Agreed to this Z? day of June, 1984, in the City of Shakopee, County of Scott, State of Minnesota. OWNERS: 4ThomaLsr—Rtiffe Jane Riffe H. Eileen Mulenhardt -2- CITY OF SHAKOPEE Eldon Reinke, Mayor eohnAnderson, /ti�ty Administrator State of Minnesota) ) ss. County of ) The foregoing instrument was acknowledged before me this Z day of June, 1984, by G. Thomas Riffe and Jane C. Riffe, husband and wife, to me known to be the persons who executed the foregoing instrument as his and her free act and deed. RAY =� :NOTA�r A ✓�I HEN Notary public A�v'Com t t '�,1lE6 1 State of Minnesota) ) ss. County of ) The foregoing instrument was acknowledged before me this 2 14 day of June, 1984, by H. Eileen Mulenhardt, to me known to be the person who executed the foregoing instrument as her free act and deed. RAYMOND Ca. RUUSKA !+ �� NOTARY►UBM—UWNESOTA y HENNEPIN COUNTY � Notary ublic MY Commmston Exp"s Oct 21,1988 0000 State of Minnesota) ) ss. County of ) The foregoing instrument was acknowledged before me this day of June, 1984, by Eldon Reinke and John Anderson, the Mayor and City Adminis- trator, respectively, of the City of Shakopee, Minnesota, to me known to be the persons who executed the foregoing instrument as their free act and deed. Notary Public i - J `c r W _ ti ei- . s. RY �I n S i I C D 2r 10 } f v qe— V OF' SHAKOPaa,_ INCORPORATED 1870 +� ENGINEERING DEPARTMENT 129 E. 1st Avenue - Shakopee, Minnesota 55379-1376 (612) 445-3650 MEMO TO: John K. Anderson, City Adm i n i st rat or FROM: Steve Hurley, Information Systems Coordinator SUBJECT: Typewriter purchase DATE: January 18, 19P,5 INTRODUCTION: Although new typewriters are not budgeted this year, IBM has a Dromotion that will provide substantial savings if typewriters are purchased before the end of January directly from IBM or one of its dealers. BACKGROUND : Three typewriters would be traded in, one from the police De- partment and two from Finance. IBM' s Quietwriter 7 would be purchased at a special governmental rate to replace the type- writers traded. Considerable savings would also be realized in maintenance. The current maintenance agreement for the IBM 50' s and 60' s is $225. 00 per year versus $119. 00 per year, for the Quietwriter 7, a savings of $106. 00. In addition to the economic consideration, the Quietwriter 7 is capable of interfacing with the Stearns micrcomputer as a printer. It also provides virtually silent printing or typing since it uses thermal print technology. Two of the Quietwriter 77s would replace the typewriters now being used by the planning Secretary and Administrative Sec- retary, since they both have use of the Stearns Computers. This would eliminate the need for them to remotely access the printer in Finance. Typewriter- Purchase ,January 18, 1,385 Page 2 The cost of replacing three typewriters would be as follows. Quietwriter 7 $1, 046. 00 Printer Attachment 120. 00 Adopter Option 38. 00 Subtotal $1, 204. 00 Less Trade-in Allowance for IRM 50" s and 60 - 200- 00 TOTAL COST PER TYPEWRITER $1, 004. 00 $1, 004. 00 x 3 = $3, 012. 00 The above prices are from Office Products and are identical to Y.8-M' s but for the trade-in allowance which is $220. 00 less. RECOMMENDED ACTION: Staff recommends purchase from Office Products rather than IDM because of ars equipment backlog of more than two months from IDM that would not be experienced from its dealers. Office Products also provides convenient on-site support and has been our primary source for computer and related equipment . City staff feels it can make up as much as half of the trade- in amount lost, buying from Office Products, because of the productivity lost by going through IRM and having to wait two or more months for delivery. REQUESTED ACTION: Motion arnmending binge _fo purchase of three (3) IBM Ouiet- writer 7 typewriters from Office Products of Minnesota for a total cost of $3, 012. 00 to be taken from Revenue Sharing. SH/pmp CAPEOUIP MEMO TO: Mayor and City Council 1 FROM: John K. Anderson , City Administrator RE : Traffic Engineering Services for Intersection No. 169 and No . 101 Improvements DATE : January 18 , 1985 Introduction As Council knows , the City is negotiating with the Minnesota Department of Transportation (Mn/DOT) on a final alignment for the Highway 169 bridge as it intersects with Highway 101 in downtown Shakopee. Both the City and Mn/DOT are pushing hard to keep momentum behind our efforts to finance the downtown intersection improvements. Problem The Downtown Committee had reached a nature plato in their planning efforts with Westwood Planning and Engineering with the completion of the formal contract with that firm for the downtown plan. In addition , Council had authorized Westwood Engineering to do a traffic analysis of north/south collector streets in the urban portion of Shakopee and to do preliminary design work for the intersection improvements for the downtown project (then known as the Mini By-Pass ) . Both of the additional traffic studies have been completed now for several months , and the services provided the community by Ken Anderson and John Mullins have been provided at no charge as we have negotiated to put together a deal with Mn/DOT. We are now entering a stage when we need to finalize , based on engineering data , a new interchange alignment for the downtown project. The letter attached to this memo from Ken Anderson outlines what their firms estimates to be the cost of the proposed work. On January 16 , 1985 the Downtown Committee passed a motion by Terry Link, seconded by Jerry Wampach, to recommend to the City Council that the City proceed with additional highway concept design work to reach a consensus with the State ( Mn/DOT ) on Highway 101 / 169 junction improvements by contracting with Ken Anderson of Barton Aschmann Associates , Inc . The reason that the Committee recommended the firm of Barton Aschmann is because Ken Anderson , formally with Westwood , is now with Barton Aschmann and the Committee did not want to loose the wealth of background information Ken now has about the Downtown Committee ' s desires for the downtown . Alternatives 1 . Concur with the Downtown Committee ' s recommendation to employ Ken Anderson of Barton Aschmann Associates , Inc . for additional highway concept design work in an effort to arrive at a consensus with the State on the 101-169 junction improvements. 2. Try to forge a consensus without the additional engineering work. 3 . Hire some other engineering firm to complete this work. Summary and Recommendations I would concur with the Downtown Committee ' s recommendation that Council approve alternative No. 1 . Alternative No. 2 will be difficult to pursue without hard engineering facts because the Committee presently has several ideas about what might or might not work which must be tested through engineering analyses. We do not have the time or capability of providing that kind of traffic analysis in-house . To try to do alternative No . 3 would mean extensive delays and totally disrupt the downtown project momentum now building behind these roadway improvements. The selection of Mr . Anderson for this work does not preclude the City from switching engineers at a logical breakpoint in the design efforts in the future . I would expect that such a breakpoint would come after we have locked into an agreement with Mn/DOT and have formally parceled out those elements of the downtown roadway improvements they will be handling and those that will be the responsibility of the City. Action Requested Pass a motion authorizing the appropriate City staff to enter into an agreement with Barton Aschmann Associates , Inc . for the services of Ken Anderson for the purpose of providing additional highway concept design work to reach a consensus with the State on the Highway 101 / 169 junction improvements at a cost not to exceed $8 , 000 . 00. JKA/jms 1 Barton-Aschman Associates, Inc. 1610 South Sixth Street Minneapolis, Minnesota 55454 612-332-0421 January 18, 1985 JAN! 1 19a5 Mr. John Anderson City Administrator Shakopee, Minnesota 55379 Dear Mr. Anderson: As we discussed, Barton-Aschman Associates, Inc. is pleased to offer our services to continue assisting the city in your negotiation with MnDOT for improvements in the Shakopee area. Mr. Crawford's enthusiastic response to the city's offer indicates this move to initiate action will advance the downtown improvements as well as the outer bypass. Utilization of Federal Bridge Replacement Funds does alter the option in dealing with the TH 169/101 bridge head. MnDOT has proposed design alternatives different from the , alignment suggested by the city. This issue must be resolved and a new preliminary design must be agreed to by both agencies. Also, the agenda of items must be classified so that you will know precisely what your responsibility will be and what the state will furnish. An action time table is also part of that program. As you know, Barton-Aschman Associates, Inc. has been working with your staff on these items. We will continue to furnish our staff services, as needed, to reach a point of concensus on these matters and to update the estimated construction cost of the city's activities. This work will be under direction of myself and Ken Anderson, using staff services of our other professionals as directed. At this time, we do not know how much detail will be required to reach that point. I suggest that the city authorize a retainer fee of up to $6 - $8,000 for our work, to be charged on an hourly basis as outlined in the attached fee schedule. Sincerely, v XoOOohn C. M an Vice President Kenneth W. Anderson Senior Associate JCM:KWA:kro BARTON-ASCHMAN ASSOCIATES, INC. TERMS Schedule of Hourly Rates for Staff Personnel Hourly Rate Range Principal Associates* $65 - 90 Senior Associates* 48 - 80 Associates* 33 - 60 Senior Designers and Senior Technicians 20 - 45 Designers , Technicians, and Clerical 10 - 35 Directly related job expenses will be billed at 115/ of costs Monthly billings for staff time and expenses incurred during the period will be payable within thirty date. A charge of one and one-half percent will of invoice will be added to all past due accounts. ( ' ) per month *Rates for individuals in these categories will be increased by fifty percent (50/) for time spent in court testimony. Form 1282 71( PROCEEDINGS OF THE DOWNTOWN AD HOC COMMITTEE SHAKOPEE, MINNESOTA January 16 , 1985 Chm. Laurent called the meeting to order at 7 : 37 A.M. with the followin members present : Bill Wermerskirchen, Jr . , Jim Stillman, Dan Steil , g Terry Link, Jerry Wampach, Don Martin, Mike Sortum and Steve Clay. Absent : Terry Forbord, Dick Stoks and Joe Topic . Also present : Lee Stolzman, Planning Commission liaison, John Anderson, City Admin- istrator, Jeanne Andre , Community Development Director, Ken Anderson and Barry Warner of Barton-Aschman, Mel Lebens and Tim Keane . Chairman Laurent called on Jeanne Andre to give a progress report on the proposed Small Cities Development grant. She reported that the City Council wants to proceed with a grant including right-of-way .acquisition and rehabilitation loan programs and added two other projects-the acquisition of the railroad depot and relocation of tr, ck siding in the vicinity of the railroad. She is exploring the additional options but explained that a private developer still has h'.ans to redevelop the depot and that the City Engineer has recommended working with Rahr on the rail relocation which may take more time reran is available before the grant deadline . She requested Downtown Committee members to suggest possible loan applicants or developers who might use the rehab loan program. Chairman Laurent called on Ken Anderson of Barton Aschman to present information on 101/169 junction improvements as under discussion with the Minnesota Dept . of Transportation (Mn-DOT) . He explained that there is good news in that MnDOT has sent a letter stating that it "can fund replacement of the existing bridge and approach work at both ends . The bridge replacement project can also include some intersection upgrading and turn lane construction. However, the relocation of the east-west portion of TH 169-TH 101 is beyond our ability to fund." The letter goes on to call for a partnership with the City to get the job done . Mr. Anderson explained that the bad news is that the proposed new bridge could cost up to $8 million, which makes it a much more difficult project . MnDOT is calling for up to 7 lanes including turning, although this probably can be reduced to 5 lanes . This brings more asphalt and could have design implications for entrance to the downtown. Mr. Anderson explained that MnDOT objections to the City' s design proposal included the desire to have no stacking on the bridge and not to go directly off the bridge into a curve . He explained the influence of this bridge on the proposed CR 18 bridge and what type of traffic projections he needs to undertake to do his analysis of the various options . Mr. Anderson explained some of the options as follows : 1 ) Use of two bridges approaching at Holmes and Lewis ; 2 ) One bridge at Holmes ; or 3 ) one bridge at Lewis . The state favors a bridge at Lewis so as not to disrupt current bridge traffic during construction. The state Page 2 Downtown Minutes 1/16/85 also requested use of two one-wav streets , First Avenue and the new roadway, which leaves truck traffic on First Avenue . Anderson explained that he has been exploring a two-way road north of First Avenue with bridge connections at Holmes and Lewis and entrance to the downtown either at those streets ( one-way ) or at Fuller and Sommerville . These options avoid truck traffic on First Avenue . Mel Lebens stood up to explain some options he has developed for 101/169 junction improvements . His proposals include 1 ) bridge approach at Spencer or Lewis with one-way streets on First Avenue and Levee Dr . to carry east-west traffic with Levee Drive to extend from Spencer to Shumway and 2 ) same bridge approach as number one , with all truck traffic diverted to Levee Drive , taking the north half - of block 3 for additional roadway width and using the alley of block 4 as a turn around to take eastbound truck traffic over the bridge . Mr. Anderson responded briefly to Mr. Lebens options . He explained that a bridge is unlikely to be placed east of Lewis Street due to cost , that more right-of-way would be necessary to extend Levee Drive that far (adding to the cost ) , and that a full block would be necessary to create a turning movement . Anderson would like to further explore utilizing grade separation at the bridge head as proposed by Mr-Lebens , but he believes the roadway should be further from the river if possible because the river is an amenity and construction close to it will bring forth more environmental concerns . Dan Steil left at 8 : 55 A.M. Chairman Laurent asked what the status of Ken Anderson was with the City at this time . The City Administrator explained that Mr. Anderson is working without charge at this time but is preparing a brief proposal for the work to get the City through roadway geometric discussions with MnDOT. He recommended waiting until the City selects an ongoing consulting engineer before acting on a full design proposal . Link/Clay moved to reject the MnDOT proposal to. keep through truck traffic on First Avenue . Motion carried. Link/Wampach moved to recommend to the City Council proceeding with additional highway concept design work to reach a consensus with the state on 101/169 junction improvements by contracting with Ken Anderson of Barton-Aschman. Motion carried. Jim Stillman left at 9 : 06 A.M. Chairman Laurent introduced Tim Keane who will be appointed to the Industrial Commerce Commission and has volunteered to be a liaison to the Downtown Committee . Terry Link agreed to continue his position as liaison to the ICC . Link/Clay moved to adjourn to January 30, 1985 , at 7 : 30 A.M. at 9 : 10 A.M. Motion carried . Jeanne Andre Recording Secretary .� 41111111111EINIFIN JAN 10E5 CITY O �- league of minnesota cities December 31 , 1984 TO: Mayors, Managers and City Clerks FROM: Mary Anderson, President RE: Proposed LGA Formula The Board of Directors and I are pleased to be able to share with you a new local government aid formula that we feel all cities can unite behind. This formula will be voted on at our Legislative Conference on January 29. We are all aware of the many shortcomings of the current local government aid (LGA) formula. While many have agreed that change is necessary it has been difficult in the past to get agreement on what those changes should be. I am impressed that this formula has been reviewed through our committee process by over 40 cities and received overwhelming endorsement. The formula was developed by a LGA Technical Committee composed of representatives of many different types of cities. They worked hard for months reviewing stacks of computer printouts. The formula they have developed represents much give and take by all involved. The details of the formula are shared in other materials in this mailing. The formula is fairly easy to understand. But some important points need to be highlighted. The vast majority of cities get significant increases. 87% of all cities receive increases of 10% or more in 1986. No city will be cut--all cities are guaranteed a ly increase. Only 73 of the 855 cities in Minnesota are affected by that provision. All different types of cities are represented in that group. This is a formula which can over a reasonable period of time achieve a very important goal -- having all cities receive their aid on the same basic formula without special provisions. We are impressed that this formula can work towards that goal while providing so much additional revenue to the vast majority of cities. If the formula is adopted by the League membership, the Technical Committee which initially developed this formula will continue to meet to help guide its course through the legislature. They will also be addressing longterm implementation issues such as examining plans for getting all cities on the formula within five years. Their expertise and knowledge is much appreciated. (over) I 80 university avenue east, st. paul, minnesota 551 01 [C1 2) 227-5500 2 It is particularly important this year that cities work together. As you are aware, there is tremendous pressure to cut income taxes and reduce the overall size of the state budget. Cities are not high on every legislator's budget list. We must work hard together to inform them of our needs and the importance of the property tax relief they provide through local government aid. The division of the legislature by party and the momentum for major changes in the overall tax system will make our task even more challenging. If cities approach the Legislature united and speak in one voice we feel our chances for success will be greatly improved. We can focus attention on the needs of cities rather than on the differences between them. Working together it will be easier to get_ increased appropriations that will benefit all of us. Please share. this letter and the enclosed materials with your city councilmembers. On behalf of the board I would like to thank all of the dedicated individuals who helped us reach this point. I look forward to seeing many of you at the legislative conference. I would also like to extend a special thank you to the member of the League°s LGA Technical Committee. The members of the committee are: Bob Thistle, City Manager, Coon Rapids; Walt Fehst, City Manager, Robbinsdale; Duane Knutson, Mayor, Fertile; Jim Nitchals, City Administrator, Fergus Falls; Lyle Olson, Director of Administration, Bloomington; Henry Pappone, Councilmember, Virginia (alternate - Mac Karpen, Executive Directors, Range Association of Municipalities and School Districts); Lyall Schwarzkopf, City Coordinator, Minneapolis (alternate -- Duke Addicks, Legislative Coordinator); Sig Stene, Mayor, Lindstrom. ILLLLff league of minnesota cities LOCAL GOVERNMENT AID POLICY MAILING LIST OF ENCLOSED MATERIALS 1. RS-1. Local Government Aid Policy Statement 2. Explanation of Proposed LGA Distribution Formula 3. Policy Framework for Formula Development 4. Explanation of Computer Runs 5. LGA Formula Printout 6. LGA Factors Printout 1 83 university avenue east, st. Daul. minnesota 551 01 CO1 23 227-5800 DRAFT POLICY RS-1. Local Government Aid (A) The League strongly supports the continuation of Local Government Aid with an appropriation of $612 million in the 1986-87 biennium. The League further supports adoption of the League-proposed LGA formula for distribution of LGA The League's propose formula would distribute LGA based on a city's need (as measured by its expenditures for basic municipal services and its population) and its revenue-raising capacity (as measured by its equalized assessed value per capita) . The formula provides a minimum aid amount of $25 per capita for each city. Each city is guaranteed a minimum annual increase of one percent; no city's aid may increase more than ten percent annually, and; each city would be required to levy at least 2 equalized mills to qualify for LGA. Local Government Aid is an essential property tax relief program that provides cities with an important source of revenue to finance municipal services. Local Government Aid complements cities' other major revenue source, the property tax. Cities vary markedly in their ability to raise revenue from property taxes. 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. The Legislature must make appropriations sufficient to adequately fund a LGA program that distributes aid in a way which alleviates the problems inherent in the property tax. The Local Government Aid issue has been the subject of a great deal of controversy in recent years. The formula proposed by the League is the product of many hours of hard work and compromise, taking well over a year. The formula itself and the policy underlying it have been widely publicized among cities with many opportunities for city officials to express their interests, and has been endorsed by a wide range of cities. We urge the Legislature to adopt the League's LGA formula, funded at $612 million for the 1986-87 biennium, to provide the most fair and equitable LGA distribution for cities. -1- EXPLANATION OF PROPOSED LGA DISTRIBUTION FORMULA AID = ( .53 * BMX) * (SAAVPC/CAAVPC) Minimum aid of $25 per capita or 1% over previous year's LGA, beyond that the maximum increase is 10%. Must levy 2 mills to qualify for state aid. BMX = 3 YEAR AVERAGE OF BASIC MUNICIPAL EXPENDITURES SAAVPC = STATEWIDE AVERAGE ADJUSTED ASSESSED VALUE PER CAPITA CAAVPC = INDIVIDUAL CITY'S ADJUSTED ASSESSED VALUE PER CAPITA BASIC RATIONALE The proposed formula provides that local government aid (LGA) should be distributed on the basis of need and capacity. Need is reflected by population and expenditures for basic municipal services. Every city should receive a basic amount of LGA per capita. Beyond that minimum amount, aid is distributed based on need (basic municipal expenditures) adjusted for capacity for raising funds locally (adjusted assessed value) . No cities would be cut. Cities who currently receive more than the formula would grant them, will get a 1% increase over the previous year's aid until the others catch up. No city can increase more than 10% per year once they reach the $25 per capita minimum. Any incentive to spend is tempered by the select definition of basic expenditures, the three year lag in the expenditure data, and by cutting the basic expenditure average in half. The assessed value adjustment provides that cities with below average assessed value per capita will get proportionately more LGA while cities above average in assessed value will get less. BASIC MUNICIPAL EXPENDITURE FACTOR The definition of basic municipal expenditures is included in the LGA Policy Framework adopted by the League Board of Directors in August after a public hearing. Basic municipal expenditures include: public safety,streets,sanitation (excluding garbage collection), libraries, redevelopment, and general government and related purposes. Related purposes includes insurance and judgements and unallocated pensions. These represent current expenses, not capital improvements to city property. The figures are taken from the Annual Report of the State Auditor on Revenues, Expenditures, and Debt of Cities. A three year rolling average of basic municipal expenditures is used in the formula. For the 1986 LGA distribution, expenditures from 1981-83 will be used. This three year lag is necessary because the Auditor' s Office will not have completed review of the 1984 financial reports until the fall of 1985 and 1986 LGA must be certified in August. On average, the basic municipal expenditures equal approximately two thirds of a city's total current expenditures and 48% of their total expenditures. When the basic expenditures are cut in half by multiplication by .53, it means that the proposed LGA formula only factors in about one fourth of a city's expenditures. It. is felt that limiting this factor by its definition, the three year lag, and the calculation of the formula will effectively limit concern about any incentive to spend more to receive additional LGA. (over) -2- ADJUSTED ASSESSED VALUE FACTOR An individual city' s adjusted assessed value per capita is compared to the statewide average assessed value per capita ($7 ,134) . Cities with below average assessed value per capita get more aid, cities with above average assessed value get less. For cities near the average of $7 ,134 per capita, this factor doesn' t have a great deal of influence. $25 PER CAPITA FLOOR This was determined to be a basic amount of LGA that each city should receive. 130 cities (15% of the total) currently receive less than this amount currently. The cost of raising them to this floor is approximately $3 million, No city is allowed to be raised above the pure formula amount by this provision. MAXIMUM INCREASE After achieving $25 per capita in aid, no city is allowed to gain more than 10% per year in additional aid. MINIMUM LEVY In order to qualify for any local government aid, cities would be required to levy 2 equalized mills. ONE PERCENT MINIMUM INCREASE Each city would receive a minimum increase of 1% per year. This would apply to those 73 cities whose current LGA amounts are over the amount they would earn under the proposed formula. CUTBACKS If the Legislature does not fund our requested appropriation for LGA, the following system would be implemented. All cities would still be guaranteed $25 per capita. Beyond that all increases would be cut back proportionately. For example, if a city now receives $100 and would be raised to $120 under our requested appropriation. If the Legislature provides 10% less than the League appropriation request, this city' s increase of $20 would be cut back 10% . Their total aid would be $118 . $120 - ( .10 * 20) . IIII 11 league of minnesota cities POLICY FRAMEWORK FOR LGA FORMULA DEVELOPMENT Passed by LMC Board of Directors August 7, 1984 Synopsis 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 city's need, as measured by its population and/or households and its expenditures for basic municipal services. Statement and Rationale Local Government Aid is an essential property tax relief program that provides cities with an important source of revenue to finance municipal services. Cities rely heavily on LGA. Eliminating LGA would create extreme property tax increases in many areas. Local government aid complements cities' other major revenue source, the property tax. As such, LGA must be distributed in a way which alleviates the problems inherent in reliance on the property tax as the major revenue source cities control. Cities vary markedly in their ability to raise money from property 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. Need is more difficult to define and to measure. There is no single data item which measures need equitably; rather we much 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. -OVER- 1 80 university avenue east, st. paul, minnesota 551 01 CE31 2) 227-5500 -4- Local Government Aid Policy Page 2 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, construction and density of buildings, crime rates, elderly population, school age population, climate, geographic size, population density, poverty levels, crime rates, seasonal or daily influx of people, need to construct or replace capital facilities, and a myriad of other factors may cause similar sized cities' needs to differ.) Clearly, a formula cannot attempt to incorporate measures of all of these factors; the result would necessarily be complicated and to some extent arbitrary. Rather, the formula should rely on the judgment made by the persons in the best position to evaluate a city's need: that city's council. The local city council's judgment as to the expenditures required in order to provide the type and level of service needed by its citizens should be reflected in the formula. The formula should reflect all expenditures for basic municipal services. "Basic municipal services" include public safety, streets, sanitation, libraries, redevelopment, and general government and related purposes. This definition is intended as a limit, to assure that a city will not receive additional local government aid as a result of its discretionary spending on non-essential services. So far as possible, the formula should not be affected by the city's choice among tax levies, special assessments, or user fees to finance basic municipal services. To attempt to measure need by the tax levy, or by past LGA, or by a combination of those factors is not acceptable. The past LGA distribution is the result of several formula changes accompanied by grandfather provisions, minimum increase guarantees, etc. The resulting distribution pattern is at least somewhat arbitrary. And to focus on past aids and levies or levy limits ignores the other revenues which cities' citizens contribute so that the city can meet their service needs. A formula developed in accordance with this policy would likely result in a substantially different distribution of funds. The transition must be handled in an orderly fashion, avoiding drastic year-to-year increases or decreases in aid. Increases and decreases should be phased in, to avoid the need for sudden "shock" property tax increases on one hand, and the temptation to view increased aid as a windfall on the other. -5- EXPLANATION OF COMPUTER RUNS The computer runs included in this mailing were prepared by League staff using data supplied by the Department of Revenue and the State Auditor's Office, Run 1 - Technical Committee LGA Formula (printed on yellow aper) This run provides estimates of what each city would receive in LGA under the new formula. Cities are listed in alphabetical order. The columns are described below: 1985 LGA - This is the amount each city will receive in 1985 under the current formula, 1986 LGA with caps - This is an estimate of what each city would receive in 1986 under the new formula. It takes into account all of the maximums and minimums of the proposed formula, Actual amounts in 1986 would be somewhat different as 1984 assessed vaA ue data not currently available would be used. However this printout will give you a fairly good idea of how your city and others will fare. % Change from 85 - This shows the percent increase from 1985 to 1986. Formula Provision - This column indicates what formula provision would apply in 1986 to that city. They are abbreviated as follows: FORM - on pure formula MX10 - gets maximum increase of 10% MN1% - gets minimum increase of 1% PCAP - gets aid under $25 per capita provision MXPC - $25 per capita is over pure formula amount so gets full formula amount (same as FORM) Pure Formula No Caps - What a city would receive under the basic formula without any maximums or minimums. Run 2 - Factors used in Technical Committee LGA Formula Population 83 or 84 - Same population figures being used by the Dept, of Revenue for calculation of 1985 LGA. 83 estimates for non-metro cities, 84 estimates for metro cities, ri 83 Adjusted Assessed Value - 83 pay 84 assessed value adjusted by sales ratio, This is calculated by the Dept, of Revenue. The sales ratio adjustment puts all cities at 100% of market value for assessment purposes so that no city gets more or less aid depending upon their assessment practices. This is the same assessed value figure used in calculating 85 LGA. 83 AAV per Cap - 83 Adjusted assessed value divided by population, Basic Expend, Average 81-83 - Three year average of expenditures for basic municipal expenditures as defined by the LGA Policy Framework. Data is from the annual financial reports submitted to the State Auditor for the years 81 ,82, and 83 . For the 15-20 cities who did not report in all of those years, a one or two year average is used for illustrative purposes, 1985 LGA - What the city will receive in 1985 under the current formula, $25 per capita - Population times $25 -6- MEMO TO : Mayor and City Council FROM: John K. Anderson , City Administrator RE: The 1985 Municipal Caucus Legislative Policies DATE : January 17 , 1985 Introduction During the last six months the Municipal Caucus has been working on the development of several legislative policies. Those policies , along with policies the Caucus has been working on for several years, are enclosed for Council ' s review. Caucus members are asking that each City Council review and approve policies I-X and approve all the policies they are comfortable with. Background The Shakopee City Council had distributed to it the League of Minnesota Cities local government aid formula . The Caucus policy listed under I endorses the League ' s Local Government Aid Formula . Please bring your copies of the material regarding local government aid ( LGA ) that was distributed at the last Council meeting . I would like to repeat that I do have detailed information about the local government aid formula , and I encourage anyone who is interested to stop by and pick up a copy before the meeting. Policies II through X all vary somewhat from League or AMM policy. Council has already adopted V so we will probably need little discussion of that item. If , in your review of the policies , you have a real problem with one of the policies please call me in advance to discuss it so that I can bring additional material to the meeting if necessary. Alternatives 1 . Approve the 1985 Municipal Caucus Legislative Policies I - X as presented . 2 . Approve the 1985 Municipal Caucus Legislative Policies as presented with any amendments Council feels appropriate . 3 . Take no formal stand as a City Council but endorse the Municipal Caucus efforts to push these policies during the 1985 legislative session . Summary and Recommendation It has been my experience over the last three years during numerous lobbying sessions , that there is much more impact on elected legislators if I can say that elected local officials have reviewed and formally approved the policy ( s ) in question . I believe that many of the ten policies are in keeping with Shakopee ' s thoughts on issues that have been around for several years and that the 1985 legislative session offers opportunities that did not exist before . Council ' s endorsement of the policies will be important , and if there is a particular policy that can ' t be supported , I recommend deleting that and endorsing the balance. Action Requested Pass a motion approving the 1985 Municipal Caucus Legislative Policies I through X regarding Local Government Aid Formula , Public Transit , Boland Report and Metropolitan Waste Control Commission , Fiscal Disparities Law, Industrial Development Revenue Bonds , Combined Sewer Separation , Metropolitan Park and Open Space , Public Employment Retirement Association , Metropolitan Council/Local Government Relations , and Solid Waste Management. JKA/jms I T/ JAN' 1 THE 1985 MUNICIPAL CAUCUS LEGISLATIVE POLICIES January 15, 1985 FOREWORD The Municipal Caucus is an organization of 26 metropolitan area municipalities formed in 1981 for the purpose of examining state-wide and metropolitan issues, developing positions with respect to each, and articulating a common position with respect to each. Metropolitan communities represented by the Municipal Caucus include: Apple Valley Hopkins Prior Lake Arden Hills Inver Grove Heights Ramsey Bloomington Lakeville Roseville Brooklyn Park Little Canada St. Anthony Burnsville Maplewood Savage Chaska Minnetonka Stillwater Eagan New Brighton Shakopee Eden Prairie Oakdale Wayzata Edina Plymouth TABLE OF CONTENTS 1985 MUNICIPAL CAUCUS LEGISLATIVE POLICIES I. Local Government Aid Formula II. Public Transit III. Boland Report and Metropolitan Waste Control Commission IV. Fiscal Disparities Law V. Industrial Development Revenue Bonds VI. Combined Sewer Separation VII. Metropolitan Park and Open Space VIII. Public Employment Retirement Association IX. Metropolitan Council/Local Government Relations X. Solid Waste Management MUNICIPAL CAUCUS POLICY I. LOCAL GOVERMENT AID FORMULA Adopted: December 20, 1984 The Municipal Caucus supports a local government aid formula prepared by the the League of Minnesota Cities. The formula constitutes a substantial improvement over the existing formula in that it is based on: 1) a list of basic services; 2) does not unduly reward communities for discretionary spending; 3) entails a phased-in approach minimizing financial impacts to various Minnesota municipalities; 4) considers municipal ability to pay; and 5) has the capacity for reducing the disparity between communities in per capita of local government aid received. For more information contact: Hank Sinda, City Manager, Brighton, 633-1533. City of New MUNICIPAL CAUCUS POLICY II. PUBLIC TRANSIT Adopted: November 26, 1984 1. The implementation of transit tax feathering in 1984 was an important first step in recognizing that tax contributions from metropolitan area municipalities should be reasonably related to transit services received. This concept should be further strengthened by a legis- lative revision which would establish each community's transit tax levy consisting of: 1) Some base amount to support the existence of regional transit in the metropolitan area regardless of direct services received by the municipality. 2) Added to this base amount is the actual costs of transit services benefitting the community. 2. Under current statutes the Regional Transit Board is authorized to levy up to two (2) mills in each community within the Metropolitan Transit Taxing District to support regional transit operations. Because of a complex formula used in establishing the assessed value upon which the two mills is applied in each community, the levy actually exceeds what two mills would generate. The statute should be revised to: 1) identify the formula used and; 2) reflect the actual maximum millage levied. 3. An important philosophical tenent of the legislation creating the Regional Transit Board is that regional transit is best served where free and open competition exists between public and private transit providers. Current statute provides that before awarding a transit contract toa provider, other than the Metropolitan Transit Commission, the Regional Transit Board must conduct an "MTC Impact Statement. " The legislation should be revised to provide for a regional transit impact statement which would analyze the impact of transit proposals on the entire regional transit system, rather than giving preferential treatment to one provider or another. 4. Current statutes guarantees that Metropolitan Transit Commission positions and personnel cannot be reduced. Over time, it is reason- able to believe that the personnel levels of the Metropolitan Transit Commission will fluctuate based upon ridership volumes and operating improvements. Therefore, there should be no floor or ceiling on the number of full or part time positions which the Metropolitan Transit Commission may have at any one time. 5. Legislation should be revised to provide that, like the Council- Manager form of government, the Executive Dirctor of the Regional Transit Board, rather than the Chairman, has the authority to hire and fire staff members with the chairman occupying a role equivalent to a legislative head of the organization. It is recommended that this concept be extended to all metropolitan agencies. MUNICIPAL CAUCUS POLICY II. PUBLIC TRANSIT 6. The establishment of the Regional Transit Board has been a major enhancement to the regional transit planning mechanism. However, the legislation establishing the Regional Transit Board, while creating districts identical to those established for the Metropolitan Council, reduce the suburban area representation from six to three members. To be more representative, the Regional Transit Board districts should be identical to those of the Metropolitan Council. 7. The Metropolitan Transit Commission, like any other provider request- ing funding assistance from the Regional Transit Board, should be required to submit transit studies and service plans prior to receiving funding consideration. Current statute does not contain this requirement. 8. The Metropolitan Transit Commission is encouraged to continue its efforts to utilize part time personnel where possible. For more information contact: Bonnie Carlson, Finance Director, City of Chaska at 448-2851 or Frank Boyles, Assistant City Manager, City of Plymouth at 559-2800. MUNICIPAL CAUCUS POLICY IIL BOLAND REPORT AND METROPOLITAN WASTE CONTROL COMMISSION Adopted: January 15, 1985 The Municipal Caucus supports the recommendations of the so-called "Boland Commission" and urges the implementation of the recommendations of this report, particularly those recommendations relating to: 1. An appeals process for municipal examination of the validity of MWCC rate increases is necessary and the MWCC should be required to use standard measurement methods and accounting practices to substantiate their positions. 2. Hiring policies must be revised to ban nepotism in accordance with law and avoid appointment of individuals with a conflict of interest. 3. MWCC labor agreements must be brought into conformance with State agreements. 4. Procedures for awarding and amending contracts must be conformed with procedures used by State agencies. For more information contact: Jim Genellie, Assistant Administrator, City of Hopkins at 935-8474 or Jim Spore, City Manager, City of Burnsville at 890-4100. MUNICIPAL CAUCUS POLICY IV. FISCAL DISPARITIES LAN Adopted: January 15, 1985 The Fiscal Disparities Law should be repealed since it has failed to achieve many of the legislative objectives for which it was established. Some of the original objectives were not realistic when established, others have just not materialized. Although sharing wealth of valuation may have merits, fiscal disparities is not the best method to share that wealth. Other programs, such as Local Government Aid, are better able to accomplish a more equitable distribution with less effort. For more information contact: Barry Evans, City Manager, City of Maplewood at 770-4500 or dim Andre, City Manager, City of Roseville at 484-3371. MUNICIPAL CAUCUS POLICY V. INDUSTRIAL DEVELOPMENT REVENUE BONDS Adopted: December 12, 1984 1. The Municipal Caucus supports the adoption of the Minnesota Federal Limitation Act of 1984 as a means of creating an orderly process by which the State's $150 per capita Industrial Development Revenue Bond allocation under the Federal Deficit Reduction Act can be allocated between state and non-state agency bond issuers. However, the report- ing and administrative requirements are extensive and burdensome. The legislature should work to eliminate all unnecessary recording and administrative procedures in the law. 2. Under present law, an entitlement community may not apply for funds from the competitive pool until its entitlement allocation has been sold. This requirement should be revised to require that only preliminary authorization be given to the entire municipal allocation prior to applying for competitive pool money. 3. The 19 point criteria established for ranking requests for competitive funds should be eliminated in favor of a first-come, first-serve philosophy for bond requests that otherwise meet state and federal statutory criteria. If the 19 point criteria is retained, then the ability of local jurisdictions to transfer IDB allocations through joint powers agreements must be retained. 4. The present September 1 deadline for entitlement communities should be moved up to duly 1 to afford sufficient time for communities to apply, receive approval for and sell competitive pool funds. Applications for competitive funds should be received later than the current October 20 deadline - say, to. November 20 - and the 1% penalty provision similarly revised to correspond with the new deadline. For more information contact: Mark McNeill, City Administrator, City of Savage at 890-1045 or Frank Boyles, Assistant City Manager, City of Plymouth at 559-2800. MUNICIPAL CAUCUS POLICY VI. COMBINED SEWER SEPARATION Adopted: December 12, 1984 The Municipal Caucus supports the concept of accelerated completion of the separation of storm and sanitary sewers in the cities of Minneapolis, St. Paul and South St. Paul subject to the following requirements: 1. That the cities of Minneapolis, St. Paul and South St. Paul pay one-half of the total cost of sewer separation outright. 2. That the remaining one-half of the total cost be provided through a no interest loan, not a grant, supported through Metropolitan Waste Control Commission bonding to be repaid in principal by Minneapolis, St. Paul and South St. Paul with interest payments provided by the State. 3. If the State fails to appropriate money to provide for interest payments, necessary funds should be drawn from the regional Metro- politan Waste Control Commission rate increases and only if no other sources of funding are available through regional property taxes. For more information contact: dim Genellie, Assistant Administrator, City of Hopkins at 935-8474 or dim Spore, City Manager, City of Burnsville at 890-4100. MUNICIPAL CAUCUS POLICY VII. NETROPOLITAN PARK AND OPEN SPACE Adopted: December 12, 1984 The Municipal Caucus urges the Legislature to enact legislation for funding of metropolitan park and open space including the following principles: 1 . Supplemental funding for operations and maintenance of park facilities should be provided from sources other than property tax. 2. Supplemental funding from the State should be in the form of a contin- uing revenue source not dependent upon by any legislative appro- priation. 3. Any supplemental funding should recognize the continuing respon- sibility of the implementing agencies to provide 75% of operations, maintenance and capital funds. 4. The Municipal Caucus opposes the position of the Metropolitan Council with respect to funding of regional parks. That funding dollars should be distributed directly to implementing agencies from the State eliminating any need for additional administrative expenditures by the Metropolitan Council or other agencies. For more information contact: Robert Kojetin, Parks Director, City of Edina at 927-8861. MUNICIPAL CAUCUS POLICY VIII. PUBLIC EMPLOYMENT RETIREMENT ASSOCIATION Adopted: October 30, 1984 The Municipal Caucus supports legislative efforts to: 1. Remove the current interim Executive Director from office. 2. Authorize the recruitment and selection of a new Executive Director to the PERA Board through a public recruitment and selection process including, at minimum: public advertisement of notice of vacancy in local, regional and national publications; distribution of a Job description complete with minimum standards for applicant qualifi- cation; use of a neutral consultant to supplement PERA Board expertise in testing, interviewing and background research of potential appointees. 3. Prohibit the Executive Director from receiving an additional salary from a PERA contributing organization to eliminate conflict of interest. For more information contact: Charles Darth, Finance Director, City of Brooklyn Park at 425-4502. MUNICIPAL CAUCUS POLICY IX. METROPOLITAN COUNCIL/LOCAL GOVERNMENT RELATIONS Adopted: December 12, 1984 The Municipal Caucus supports the following with respect to Metropolitan Council/Metropolitan Commission relationships: 1. The Metropolitan Council should be authorized to appoint the Chairs of the Regional Transit Board and Metropolitan Waste Control Commission. 2. The Metropolitan Council should be required to report to the Legis- lature annually on the performance of the Regional Transit Board and Metropolitan Waste Control Commission in the areas of service delivery, finances and management. 3. The Regional Transit Board and Metropolitan Waste Control Commission should provide the Metropolitan Council with information for use in the Council's annual report to the Legislature and for other oversight activities. 4. The Metropolitan Council should be required to prepare guidelines on administrative practices and procedures for both the Regional Transit Board and Metropolitan Waste Control Commission. For more information contact: Sohn Anderson, City Administrator, City of Shakopee at 445-3650. MUNICIPAL CAUCUS POLICY X. SOLID WASTE MANAGEMENT Adopted: December 12, 1984 The Municipal Caucus supports the following with respect to solid waste management: 1 . Legislation should be adopted which encourages voluntary recycling at the local level using tipping fees to fund public education and incentive programs. 2. The Municipal Caucus supports the concept of recycling, but does not believe that an arbitrary .time limit should be established prohibiting certain products for acceptance at sanitary landfills. Positive incentive programs will be more effective in securing public support and participation in recycling efforts. For more information contact: dim Spore, City Manager, City of Burnsville at 890-4100. MEMO TO: Mayor and City Council FROM: John K. Anderson , City Administrator RE: The 1985 Municipal Caucus Legislative Policies DATE : January 17 , 1985 introduction During the last six months the Municipal Caucus has been working on the development of several legislative policies. Those policies , along with policies the Caucus has been working on for several years, are enclosed for Council ' s review. -Caucus members are asking that each City Council review and approve policies I-X and approve all the policies they are comfortable with. Eacki7round The Shakopee City Council had distributed to it the League of Minnesota Cities local government aid formula . The Caucus policy listed under I endorses the League ' s Local Government Aid Formula . Please bring your copies of the material regarding local government aid ( LGA) that was distributed at the last Council meeting. I would like to repeat that I do have detailed information about the local government aid formula , and I encourage anyone who is interested to stop by and pick up a copy before the meeting. ,Policies II through X all vary somewhat from League or AMM policy. Council has already adopted V so we will probably need little discussion of that item. If , in your review of the policies , you have a real problem with one of the policies please call me in advance to discuss it so that I can bring additional material to the meeting if necessary. Alternatives 1 . Approve the 1985 Municipal Caucus Legislative Policies I - X as presented . 2 . Approve the 1985 Municipal Caucus Legislative Policies as presented with any amendments Council feels appropriate . 3 . Take no formal stand as a City Council but endorse the Municipal Caucus efforts to push these policies during the 1985 legislative session . Summary and Recommendation It has been my experience over the last three years during numerous lobbying sessions , that there is much more impact on elected legislators if I can say that elected local officials have reviewed and formally approved the policy ( s ) in question . I believe that many of the ten policies are in keeping with Shakopee ' s thoughts on issues that have been around for several years and that the 1985 legislative session offers opportunities that did not exist before . Council ' s endorsement of the policies will be important , and if there is a particular policy that can ' t be supported , I recommend deleting that and endorsing the balance. Action ReQuPs-ted Pass a motion approving the 1985 Municipal Caucus Legislative Policies I through X regarding Local Government Aid Formula , Public Transit , Boland Report and Metropolitan Waste Control Commission, Fiscal Disparities Law, Industrial Development Revenue Bonds , Combined Sewer Separation , Metropolitan Park and Open Space , Public Employment Retirement Association , Metropolitan Council/Local Government Relations , and Solid Waste Management. JKA/jms Ci i `I! moi: �i:.i•+F �"'�" THE 1985 MUNICIPAL CAUCUS LEGISLATIVE POLICIES January 15, 1985 FOREWORD The Municipal Caucus is an organization of 26 metropolitan area municipalities formed in 1981 for the purpose of examining state-wide and metropolitan issues, developing positions with respect to each, and articulating a common position with respect to each. communities represented by the Municipal Caucus include: Metropolitan Apple Valley Hopkins Prior Lake Arden Hills Inver Grove Heights Ramsey Bloomington Lakeville Brooklyn Park Little Canada Roseville BurnsvilleMaplewood St. Anthony Chaska Minnetonka Savage Eagan New Brighton Stillwater Shakopee Eden Prairie Oakdale Edina Plymouth Wayzata TABLE OF CONTENTS 1985 MUNICIPAL CAUCUS LEGISLATIVE POLICIES I. Local Government Aid Formula II. Public Transit III. Boland Report and Metropolitan Waste Control Commission IV. Fiscal Disparities Law V. Industrial Development Revenue Bonds VI. Combined Sewer Separation VII. Metropolitan Park and Open Space VIII. Public Employment Retirement Association IX. Metropolitan Council/Local Government Relations X. Solid Waste Management MUNICIPAL CAUCUS POLICY I. LOCAL GOVERNMENT AID FORMULA Adopted: December 20, 1984 The Municipal Caucus supports a local government aid formulap rep ared by the the League of Minnesota Cities. The formula constitutes a substantial improvement over the existing formula in that it is based on: 1 substantial list o basic services; 2) does not unduly reward communities for discreti nary spending; 3) entails a phased-in approach minimizing financial impacts to various Minnesota municipalities; 4ers P 5) has the capacity for reducing the d spa ity municipal omm unities ' Y Pay; and capita of local government aid received. In per For more information contact: Hank Sinda, Manager, Brighton, 633-1533. City City of New MUNICIPAL CAUCUS POLICY II. PUBLIC TRANSIT Adopted: November 26, 1984 1. The implementation of transit tax feathering in 1984 was an important first step in recognizing that tax contributions from metropolitan area municipalities should be reasonably related to transit services received. This concept should be further strengthened by a legis- lative revision which would establish each community's transit tax levy consisting of: 1) Some base amount to support the existence of regional transit in the metropolitan area regardless of direct services received by the municipality. 2) Added to this base amount is the actual costs of transit services benefitting the community. 2. Under current statutes the Regional Transit Board is authorized to levy up to two (2) mills in each community within the Metropolitan Transit Taxing District to support regional transit operations. Because of a complex formula used in establishing the assessed value upon which the two mills is applied in each community, the levy actually exceeds what two mills would generate. The statute should be revised to: 1) identify the formula used and; 2) reflect the actual maximum millage levied. 3. An important philosophical tenent of the legislation creating the Regional Transit Board is that regional transit is best served where free and open competition exists between public and private transit providers. Current statute provides that before awarding a transit contract to a provider, other than the Metropolitan Transit Commission, the Regional Transit Board must conduct an "MTC Impact Statement. " The legislation should be revised to provide for a regional transit impact statement which would analyze the impact of transit proposals on the entire regional transit system, rather than giving preferential treatment to one provider or another. 4. Current statutes guarantees that Metropolitan Transit Commission positions and personnel cannot be reduced. Over time, it is reason- able to believe that the personnel levels of the Metropolitan Transit Commission will fluctuate based upon ridership volumes and operating improvements. Therefore, there should be no floor or ceiling on the number of full or part time positions which the Metropolitan Transit Commission may have at any one time. 5. Legislation should be revised to provide that, like the Council- Manager form of government, the Executive Dirctor of the Regional Transit Board, rather than the Chairman, has the authority to hire and fire staff members with the chairman occupying a role equivalent to a legislative head of the organization. It is recommended that this concept be extended to all metropolitan agencies. MUNICIPAL CAUCUS POLICY II. PUBLIC TRANSIT 6. The establishment of the Regional Transit Board has been a major enhancement to the regional transit planning mechanism. However, the legislation establishing the Regional Transit Board, while creating districts identical to those established for the Metropolitan Council, reduce the suburban area representation from six to three members. To be more representative, the Regional Transit Board districts should be identical to those of the Metropolitan Council. 7. The Metropolitan Transit Commission, like any other provider request- ing funding assistance from the Regional Transit Board, should be required to submit transit studies and service plans prior to receiving funding consideration. Current statute does not contain this requirement. 8. The Metropolitan Transit efforts to utilize part timCommission is encouraged to continue its e personnel where possible. For more information contact: Bonnie Carlson, Finance Director, Chaska at 448-2851 or Frank Boyles, Assistant City Manager, C ty oPilmouth at 559-2800. y MUNICIPAL CAUCUS POLICY I BOLAND REPORT AND METROPOLITAN WASTE CONTROL COM'IISSION Adopted: January 15, 1985 The Municipal Caucus supports the recommendations of the so-called "Boland Commission" and urges the implementation of the recommendations of this report, particularly those recommendations relating to: 1. An appeals process for municipal examination of the validity of MWCC rate increases is necessary and the MWCC should be required to use standard measurement methods and accounting practices to substantiate their positions. 2. Hiring policies must be revised to ban nepotism in accordance with law and avoid appointment of individuals with a conflict of interest. 3. MWCC labor agreements must be brought into conformance with State agreements. 4. Procedures for awarding and amending contracts must be conformed with procedures used by State agencies. For more information contact: Jim Genellie, Assistant Administrator, City of Hopkins at 935-8474 or Jim Spore, City Manager, 890-4100. City of Burnsville at MUNICIPAL CAUCUS POLICY IV. FISCAL DISPARITIES LAM Adopted: January 15, 1985 The Fiscal Disparities Law should be repealed since it has failed to achieve many of the legislative objectives for which it was established. Some of the original objectives were not realistic when established, others have just not materialized. Although sharing wealth of valuation may have merits, fiscal disparities is not the best method to share that wealth. Other programs, such as Local Government Aid, are better able to accomplish a more equitable distribution with less effort. For more information contact: Barry Evans, City Manager, City of Maplewood at 770-4500 or Jim Andre, City Manager, City of Roseville at 484-3371 MUNICIPAL CAUCUS POLICY V. INDUSTRIAL DEVELOPMENT REVENUE BONDS Adopted: December 12, 1984 1. The Municipal Caucus supports the adoption of the Minnesota Federal Limitation Act of 1984 as a means of creating an orderly process by which the State's $150 per capita Industrial Development Revenue Bond allocation under the Federal Deficit Reduction Act can be allocated between state and non-state agency bond issuers. However, the report- ing and administrative requirements are extensive and burdensome. The legislature should work to eliminate all unnecessary recording and administrative procedures in the law. 2. Under present law, an entitlement community may not apply for funds from the competitive pool until its entitlement allocation has been sold. This requirement should be revised to require that only preliminary authorization be given to the entire municipal allocation prior to applying for competitive pool money. 3. The 19 point criteria established for ranking requests for competitive funds should be eliminated in favor of a first-come, first-serve philosophy for bond requests that otherwise meet state and federal statutory criteria. If the 19 point criteria is retained, then the ability of local jurisdictions to transfer IDB allocations through joint powers agreements must be retained. 4. The present September 1 deadline for entitlement communities should be moved up to July 1 to afford sufficient time for communities to apply, receive approval for and sell competitive pool funds. Applications for competitive funds should be received later than the current October 20 deadline - say, to November 20 - and the 1% penalty Provision similarly revised to correspond with the new deadline. For more information contact: Mark McNeill, City Administrator, City of Savage at 890-1045 or Frank Boyles, Assistant City Manager, City of Plymouth at 559-2800. MUNICIPAL CAUCUS POLICY VI. COMtBINED SEWER SEPARATION Adopted: December 12, 1984 The Municipal Caucus supports the concept of accelerated completion of the separation of storm and sanitary sewers in the cities of Minneapolis, St. Paul and South St. Paul subject to the following requirements: 1. That the cities of Minneapolis, St. Paul and South St. Paul pay one-half of the total cost of sewer separation outright. 2. That the remaining one-half of the total cost be provided through a no interest loan, not a grant, supported through Metropolitan Waste Control Commission bonding to be repaid in principal by Minneapolis, St. Paul and South St. Paul with interest payments provided by the State. 3. If the State fails to appropriate money to provide for interest payments, necessary funds should be drawn from the regional Metro- politan Waste Control Commission rate increases and only if no other sources of funding are available through regional property taxes. For more information contact: Jim Genellie, Assistant Administrator, Citv of Hopkins at 935-8474 or Jim spore , City Manager, City of Burnsville at MUNICIPAL CAUCUS POLICY VII. METROPOLITAN PARK AND OPEN SPACE Adopted: December 12, 1984 The Municipal Caucus urges the Legislature to enact legislation for funding of metropolitan park and open space including the following principles: 1 . Supplemental funding for operations and maintenance of park facilities should be provided from sources other than property tax. 2. Supplemental funding from the State should be in the form of a contin- uing revenue source not dependent upon by any legislative appro- priation. 3. Any supplemental funding should recognize the continuing respon- sibility of the implementing agencies to provide 75% of operations, maintenance and capital funds. 4. The Municipal Caucus opposes the position of the Metropolitan Council with respect to funding of regional parks. That funding dollars should be distributed directly to implementing agencies from the State eliminating any need for additional administrative expenditures by the Metropolitan Council or other agencies. For more information contact: Robert Kojetin, Parks Director, City of Edina at 927-8861. MUNICIPAL CAUCUS POLICY VIII. PUBLIC EMPLOYMENT RETIREMENT ASSOCIATION Adopted: October 30, 1964 The Municipal Caucus supports legislative efforts to: 1. Remove the current interim Executive Director from office. 2. Authorize the recruitment and selection of a new Executive Director to the PERA Board through a public recruitment and selection process including, at minimum: public advertisement of notice of vacancy in local, regional and national publications; distribution of a job description complete with minimum standards for applicant qualifi- cation; use of a neutral consultant to supplement PERA Board expertise in testing, interviewing and background research of potential appointees. 3. Prohibit the Executive Director from receiving an additional salary from a PERA contributing organization to eliminate conflict of interest. For more information contact: Charles Darth, Finance Director, Cit Brooklyn Park at 425-4502. y of MUNICIPAL CAUCUS POLICY IX. METROPOLITAN COUNCIL/LOCAL GOVERNMENT RELATIONS Adopted: December 12, 1984 The Municipal Caucus supports the following with respect to Metropolitan Council/Metropolitan Commission relationships: 1. The Metropolitan Council should be authorized to appoint the Chairs of the Regional Transit Board and Metropolitan Waste Control Commission. 2. The Metropolitan Council should be required to report to the Legis- lature annually on the performance of the Regional Transit Board and Metropolitan Waste Control Commission in the areas of service delivery, finances and management. 3. The Regional Transit Board and Metropolitan Waste Control Commission should provide the Metropolitan Council with information for use in the Council's annual report to the Legislature and for other oversight activities. 4. The Metropolitan Council should be required to prepare guidelines on administrative practices and procedures for both the Regional Transit Board and Metropolitan Waste Control Commission. For more information contact: john Anderson, City Administrator, City of Shakopee at 445-3650. MUNICIPAL CAUCUS POLICY X. SOLID WASTE MANAGEMENT Adopted: December 12, 1984 The Municipal Caucus supports the following with respect to solid waste management: 1 . Legislation should be adopted which encourages voluntary recycling at the local level using tipping fees to fund public education and -incentive programs. 2. The Municipal Caucus supports the concept of recycling, but does not believe that an arbitrary time limit should be established prohibiting certain products for acceptance at sanitary landfills. Positive incentive programs will be more effective in securing public support and participation in recycling efforts. For more information contact: dim Spore, City Manager, City of Burnsville at 890-4100. MEMO TO : John K. Anderson, City Administrator FROM: Jeanne Andre , Community Development Director RE : Small Cities Development Grant DATE : January 18 , 1985 Introduction The City Council has requested staff to prepare a 1985 Small Cities Development Grant , considering the following activities : 1 ) acquisi- tion, relocation and demolition of highway R-O-W (Block 2 ) , Abeln' s Bar and the railroad depot , 2 ) rehabilitation loans , and 3 ) removing railroad siding in the vicinity of the depot . This memo is to update the City Council on staff research on these proposed activities . Background 1 . Highway R-O-W Acquisition, Relocation and Demolition Staff have interviewed four of five property owners and the only tenant on Block 2 , Original Shakopee Plat . The one owner not interviewed recently had a stroke and probably will be moving- to a nursing home . A meeting with his children will be scheduled. Of those interviewed, two owner occupants are willing to move , but have concerns on the terms and timing of the acquisition. The non-resident owner is willing to sell at the right price , although his tenant is not happy about moving . The other owner does not want to sell , and if forced to sell would like to move the house if possible . Some discussion has focused on the possibility of putting the house at 303 E. First on the historic register as it is over 100 years old and was owned by the first doctor in Shakopee . With the possible exception of this last issue, acquisition of this block for highway purposes still seems possible and within the scope of the budget discussed. 2 . Acquisition, Relocation and Demolition Abeln' s Bar and the railroad depot I have not been able to reach Mrs . Abeln to discuss acquisition of her property. I did speak with Dave Fellon on his efforts to acquire the railroad depot . He still is working on the acquisition but needs to get a clearer title to the property that will be acceptable to his bank. He has also discovered that the building is particially on the road, and may approach the City for help on that issue . Mr . Fellon indicated he would provide me with a letter outlining, his intentions , but I have not yet received the letter. In June of 1984 I inquired about the price of the depot and the railroad indicated it would be $40, 000-50, 000 . If possible I will have further information on the status of both these properties at the Tuesday night meeting. Small Cities Development Grant Page 2 January 18 , 1985 3 . Rehabilitation Loan Program I have received letters from three persons and intend to provide letters from two others expressing interest in participating in a rehabilitation loan program. I will still be working to secure more , but feel that the intent of providing 20 loans over 2 years is reasonable . 4. Removal of Railroad Siding It appears unlikely this option can be negotiated in time to be included in the grant . Bill Runge from Rahr Malting has asked for a sketch of the proposal to share with his transportation division, and may not be able to get back to the City by the grant deadline . In addition to Rahr' s cooperation the City would also need to demonstrate support from the railroad and other affected businesses . 5 . Technical Services from Scott County HRA Negotiations have continued with the Scott County HRA and it seems that an agreement can be reached. Resolution No . 2366 authorizes execution of an agreement for these services . I will be attending the Scott County HRA meeting on Tuesday, January 22 , 1985 , at 8 : 00 p.m. to further discuss this proposal . I will provide a summary of a proposed cost breakdown for grant activities at the Tuesday meeting. This summary may change slightly before submission, but it appears the City can request the full $1 ,400, 000 available for comprehensive applications . The resolution format requested by the state does not ask the City to list grant activities or the amount requested. However staff would like to have general Council concensus on these issues on Tuesday. Requested Action 1 . Adopt Res . No. 2365 , A Resolution Authorizing Submission of a 1985 Small Cities Development Grant for Downtown Revitalization. 2 . Adopt Res . No . 2366 , A Resolution Authorizing Execution of an Agreement for Technical Services with the Scott County Housing and Redevelopment Authority JA/jms CITY OF SHA j ' -- KOPEE INCORPORATED 1870 129 E. First Ave. - Shakopee, Minnesota 55379-1.376 (612) 445-3650 f . January 16 , 1985 Mr. Don LeVin, Executive Director Scott County HRA 16049 Franklin Trail S .E. #104 Prior Lake , MN 55372 Re : Technical Assistance Shakopee Downtown Rehabilitation Loan Program Dear Mr. Lewis : Welconeto Scott County. As you know by now, the City of Shakopee has been discussing its need for technical assistance with Katheryn Tane on your staff. The City of Shakopee would like to pursue this option and requests that the Commissioners of the Scott County HRA consider entering an agreement to provide technical services . The requested services are for rehabilita- t-i_on loan work write-ups and inspections for a downtown rehabil- itation loan program proposed in the City of Shakopee ' s 1985 Small Cities Development grant application. If agreeable to Scott County, the fee for these technical services will be built-- into the grant administrative costs either as hourly fee or as a percent of the loans granted. The City proposes to have the Shakopee HRA provide promotion and ongoing client contact related to these loans . I will be happy to attend your next HRA meeting to discuss this proposal . Please let me know what further information you need to review this request. Sincerely, Gi".� 6Teanne Andre Community Development Director JA: cah CITY OF SHAKOPEE/COUNTY OF SCOTT HOUSING AND REDEVELOPMENT AUTHORITY Small Cities Development Program 1985 Grant Application Joint Cooperation Agreement I. PARTIES 1 . The parties to this agreement are government units of the State of Minnesota . This agreement is made pursuant to Minnesota Statutes , Section 471 .59 , as amended by Laws 1973 , Chapter 431. 2. The parties to this agreement are the Scott County Housing and Redevelopment Authority , hereinafter referred to as the HRA and the City of Shakopee , hereinafter referred to as the City. 3 . In consideration of the mutual covenants and promises contained in this agreement, the parties mutually agree to the terms of the conditions contained herein . 4 . Each of the parties hereto understands and agrees that the City is the applicant under the 1985 Small Cities Devel- opment Program and will be responsible for the overall administration and coordination of said program. II. DEFINITIONS 1 . For purposes of this agreement , the terms defined in this section have the meanings given them. a . "The Program" means the Small Cities Development Program of the State of Minnesota . b. "Regulations" means the rules and regulations promulgated pursuant to the program. 2. The definitions contained in the Program' s 1985 Application Manual are incorporated by reference in this agreement and made a part hereof. III. PURPOSE The purpose of this agreement is to authorize Scott County to cooperate with the City of Shakopee in the submission of an application for funding under the Program. IV. SCOPE OF ACTIVITIES 1 . Scott County agrees and will contract to undertake , and contract to carry out within the terms of this agreement , certain activities related to the City of Shakopee downtown rehabilitation loan program. 2 . The parties mutually agree to comply with all applicable requirements of the Program and the Regulations in the use of grant funds . V. ALLOCATION OF BASIC GRANT AMOUNTS The City agrees to provide up to % of the administrative hands provided for the rehabilitation loanortion of its p program to the HRA under procedures to be established by the agreement of both bodies prior to the commencement of the rehabilitation loan program. VI, SPECIAL PROVISION City of Shakopee and the Scott County HRA mutually agree to indemnify and hold harmless each party from any claims, losses , costs , expenses or damages resulting from the acts or omissions of their respective officers , agents , and employees relating to activities conducted by either party under this agreement . VII. FINANCIAL MATTERS 1 . All funds received by the City under the Program shall be deposited in a special fund. 2. The City agrees to maintain , or have maintained , financial and other records and accounts in accordance with the require- ments of the Program and Regulations . Such records and accounts will be in such form as to permit reports required by the Program to be prepared therefrom and to permit the tracing of funds to final expenditure. s 3 . The City and the HRA both agree to make available to all reasonable times to authorized personnel administering the grant and authorized State officers , all records and accounts with respect to matters covered by this agreement Such records shall be retained as provided by law , but in no event for a period of less than three years from the effective date of this agreement . 4 . The City agrees to perform, or have performed all necessary audits of grant funds received and to make available such audits at such times as may be necessary to comply with audit requirements under the Regulations . VII. TERMINATION 1 . The term of this agreement is for a period commencing on its effective date and ending one year after the awarding of the grant or until the grant is expended , whichever occurs later. 2. If no grant is awarded by thae State , this agreement shall immediately terminate. IX. EFFECTIVE DATE This agreement shall be executed by the appropriate officers of the City of Shakopee and the Scott County HRA pursuant to authority granted them by their respective governing bodies. IN WITNESS WHEREOF , the parites have caused this agreement to be executed by its duly authorized officers and delivered on its behalf, this day of 1985 . CITY OF SHAKOPEE By And COUNTY OF SCOTT, STATE OF MINNESOTA By And 14ESp � W �� zo Minnesor Na � Deparrmen1 of Transl�orratiol� Disrrict 5 �yAOF TRP��c�' Golden2055 �,� Lilac Drive Valley, �1�innesota 55422 January 9, 1985 Mr. H.R. Spurrier cn / City Engineer City of Shakopee 1?9 East 1st Avenue +-7 13 76 �� Shakopee, Minnesota 55379- cel � l _ � '— �FFgsy��o 9a.S 8 FE; C.S. 7009 (TH 169 TH 101 _ & TH 101) � Bridge - 16 Placem over the tion improvements and re �p Minnesota River. ent of Dear Mr. Spurrier: Thank you for your letter of Dec us fund a project to relieve ember 12, 1984 '010lShakopee- the con in which you offer to help P The district staff congestion at the junction of Shaor a e r of years. has been concerned over le 169-TH 101 in All our studies to date have this problem area Congestion problem would be expensive, p indicated that a solution wethe pie can at last developPerhaps with a a Project in this area. Jointly funded project As was explained to you at a meeting replacement of the existing bridge g January g 1985 Nin/DOT can fund a replacement project can also l and approach work at both ends, construction. include some intersection u The bridge 101 is beyond ourj`'abilitthe relocation me the east—west upgrading and turn lane Project which calls for Mn/DOTy to uto•f My proposal to Portion of TH 169-TH ject and that the city and the bridge you ed that we pursue a fund the east-west relocationlof ed portion of the Pursuing a project in this way TH 101-TH 169. pro- benefit to the d Y a benefit to the ° By downtown Shakopee trunk highway system and a nership neither benefit will be realized will be realized. k�ithout such a part— Another its full potential. Another benefit to Pursuing may enable the city to a Partnership project of this t ype is pass. The TH 101 b participate with additional funding for the TH 101tb�t ment project. ypass is a higher district priority P sect. iNe will be re Y than the b ridge replace— The Possibilityquesting funding for the bypass in the near future. of city funding to aid in the desia. struction costs of the bypass will cn, R/�' acquisition and con— likely. make the chances of obtaining funds more An Eoua!Opportunity Empj.y., F ,R. Spurrier January 9, 1985 Page 2 Z all, looking forward to developing thesero 'ects w' Shakopee. Feel free to work with Mn/DOT ProjectJMana erth the city of project develops. 8 Greg Felt, as the Sincer 1 , W.M. Crawford, P.E. Ik District Engineer cc: John C. Mullen/Ren W. Anderson — Barton—Aschman Associates, Inc. y RESOLUTION NO. 2365 A RESOLUTION AUTHORIZING SUBMISSION OF A 1985 SMALL CITIES DEVELOPMENT GRANT FOR DOWNTOWN REVITALIZATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the City of Shakopee act as sponsoring unit of government for the project titled Shakopee Downtown Revitalization to be conducted during the period June, 1985 through July 1987 . The Mayor is hereby authorized to apply to the Minnesota Department of Energy and Economic Development for funding of this project on behalf of the City of Shakopee. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1985 . ' Mayor of the City o a opee ATTEST: City Clerk Approved as to form this day of January, 1985 . City Attorney RESOLUTION NO. 2366 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR TECHNICAL SERVICES WITH THE SCOTT COUNTY HOUSING AND REDEVELOPMENT AUTHORITY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that appropriate City officials be authorized to enter into an agreement for the provision of technical services with the Scott County Housing and Redevelopment Authority as . part of the City' s 1985 Small Cities Development Grant Applica- tion. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1985 . Mayor of the City or a opee ATTEST: City Clerk Approved as to form this day of -o Minnesota Q Department of Transportation -+ Q District 5 20155) ive OF TPVWF Golden Vallo. ey, 1Dlinnesot- 5 d 554?2. (612) 545-3761 January 22, 1985 Mr. H.R. Spurrier City Engineer _ of Shakopee M East lst Avenue Shakopee, Minnesota 55379-1376 RE: C.S. 7009 (T.H. 169 & T.H. 101) Proposed Bridge 4175 Replacement and Shakopee Downtown Redevelopment Dear Mr. Spurrier: . In response to a request by John Anderson, City Administrator, this letter is to inform the city of Shakopee that Mn/DOT is working with the city towards compatibility of the downtown redevelopment and the bridge replacement. Mn/DOT will continue to negotiate with the city and their consultant on the best location for the bridge replacement and the T.H. 169 and T.H. 101 roadway geometric design proposals. Hopefully, this process will lead toward a resolu- tion of a design that is acceptable to Mn/DOT and the city of Shakopee. Sincerely, V , W.M. Crawford, P.E. District Engineer An Equal Opportunity Employer RESOLUTION 2366 RESOLUTION REQUESTING THE SCOTT COUNTY HOUSING AND REDEVELOPMENT AUTHORITY TO ASSIST THE CITY OF SHAKOPEEE IN THE ADMINISTRATION OF THE 1985 SMALL CITIES DEVELOPMENT GRANT (S . C.D.G. ) PROGRAM WHEREAS, the City of Shakopee is an eligible applicant and recipient for the Minnesota Small Cities Development Grant (SCDG) funds available through the SCDG program, administered by the State of Minnesota, Department of Energy and Economic Development; and WHEREAS, there exists in Shakopee certain community development needs which qualify the City for SCDG funding; and WHEREAS, the Scott County Housing and Redevelopment Authority (HRA) upon request from the Shakopee City Council will provide administrative services to the City in order to effectively execute the grant. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shakopee, Mn. that it request the Scott County Housing and Redevelopment Authority (HRA) to provide administrative services to the City upon approval from the State of Minnesota, Department of Energy and Economic Development of the 1985 SCDG program, and that City staff be authorized to negotiate an agreement for the provision of those services . Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1985 . Mayor of the City of Shakopee Attest: City Clerk Approved as to form this day of , 1985 . City Attorney January 22 , 1985 To The City Of Shakopee: Please except this* letter as our written intentions to pursue purch- asing the Shakopee, MN Railroad Depot. Our goal is to completly renovate the building. Bringing the project up to current energy & building codes. In Conjunction with keeping the building in the railroad Theme & Style it once had in the past. Landscape Junctions use of the building would be to operate a John Deere Dealership and to market a variety of Landscape Materials & Services. This is exactly what our business has been for the past five years out in our Savage Facility. Finally, we are very enthusiast about the possibility of obtaining Low Interest Financing or Industrial Revenue Bonds to help defray some of the cost, in addition to the financing, we are really very excited about moving our operation to the Downtown Shakopee Area and we look forward for theo''portunity to working with the City & both our old and-..our new customers alike. Sincerely David J. Fellon President Landscape Junction, Inc. DJF/-cmv ri Estimated Cost Breakdown 1985 Small Cities Development Grant Loans 480, 000 Commercial 200, 000 Residential 200, 000 Administration 80, 000 County 64 , 000 City 16 , 000 Acquisition, Relocation, Demolition . 8 , 261, 000 Acquisition 547 , 000 Relocation 149 , 000 Demolition 51, 000 Administration 79 , 000 $1, 306 , 000 January 22 , 1985 [l SCOTT COUNTY HOUSING AND REDEVELOPMENT AUTHORITY RESOLUTION a Ne o-i Tl c cF ,4r.% RESOLUTION '-�Z THE SCOTT COUNTY HOUSING AND REDEVELOPMENT AUTHORITY TO ASSIST THE CITY OF SHAKOPEE IN THE ADMINISTRATION OF S CITIES DEVEL- OPMENT GRANT (S.C.D.G.) PROGRAM T@ nom:;TTTFTI Tn Tzr m.m+ �r EF15TMFttTP NE EDIERGv ANTS FG' NOMIGTlGT7�T nDMFATT WHEREAS, the City of Shakopee is an eligible applicant and recipient for the Minnesota Small Cities Development Grant (SCDG) funds available through the SCDG program, administered by the State of Minnesota, Department of Energy and Economic Development; and WHEREAS, there exists in Shakopee certain community development needs which qualify the City for SCDG funding; and WHEREAS, the Scott County Housing and Redevelopment Authority (HRA) upon request from the Shakopee City Council will provide administrative services to the City in order to effectively execute the grant. NOW, THEREFORE, BE IT RESOLVED, t-€� the Scbtt Couht;4iousing nd r F Redevelopment Authority (HRA) �nPS hPrphv ++r_7�-- mss sE _ -- aaraPmant $,providjag administrative services to the City upon approval from the State of Minnesota, Department of Energy and Economic Development of the 1985 SCDG pro ram Passed this day of 19 M/ S/ Marjorie Henderson, Chairman Henderson Chard Thorkelson Wacker Marietta Sharkey, Secretary Sharkey 9z MEMO T0: John K. Anderson, City Adminstrator FROM: Jeanne Andre , CommunityDevelopment Director RE : Park Dedication Fees on Platted Land DATE: January 16 , 1985 Introduction Tequestion has previously been raised on whether the proposed Housing Alliance development on Block 32 should be required to pay a park dedication fee . Staff research has concluded that under the current City Code provisions ( Sec . 12 . 07 ., Subdiv. S .C . ) , such a fee would not be required. The City Council may wish to follow this determination or request legal research to determine if the code might be revised to include new park dedication when redevelopment (perhaps only at a higher density) occurs or if land is replatted. Background Section . 07 Subd. S . C. , on page 348 of the City Code reads as follows : C . When structures are constructed on property which has previously been platted and on which plat no park dedication in cash or land was given to the City, a park dedication fee in accordance with the sched- ules hereinbefore set forth shall be paid at the time the building permit is issued. If the park dedication has been previously satisfied at the time of platting in accordance with the requirements then in existence , then no further fee shall be levied. The proposed Housing Alliance project is located in the original Shakopee Plat which had parkland included as part of the plat . For this reason it is judged that lots in this plat meet the requirement that "park dedication has been previously satisfied at the time of platting in accordance with the requirements then in existence . " This judgement was followed with other recent construction in the original Shakopee Plat , such as 200 Levee Drive ( 1980 ) and 300 S . Spencer ( 1983 ) and 328 3rd Street ( 1982 ) . Although replatting is not specifically addressed in the current code , staff interpretation is that such land has satisfied the park dedication fee with the first plat , and no park dedication would occur even if the land is replatted. If the City Council feels they would like to secure more park fees for projects such as that proposed by the Housing Alliance because it will be at a greater density than anticipated in the original plat , and therefore create a greater burden on the park system, the Council might pursue one of the following options : 1 . Request legal counsel as to whether land for which park dedication has previously been paid can be additionally charged if redeveloped at a higher density. 2 . Request legal counsel as to whether the code can be amended to specifically require new park dedication if replatting occurs . 3 . Explore whether additional park dedication could be charged to the Housing Alliance through the conditional use permit process because a housing project would create a greater burden on the park system than a commercial facility . Page 2 Alternatives wept the City Code as it now exists and inform the Housing Alliance that no park dedication fee will be charged for the proposed project on Block 32 , OSP, whether or not the land is replatted. 2 . Request legal counsel to research the most effective means to assure that park dedication fees can be levied for the proposed Housing Alliance project in Block 32 , OSP. Requested Action Accept the current City Code provisions on park dedication and inform the Housing Alliance that no park dedication fee will be charged for the proposed housing project on Block 32 , Original Shakopee Plat , whether or not the land is replatted. l MEMO TO: Mayor and City Council FROM: John K. Anderson , City Administrator RE: Needs Assessment on Supervisory Management Skills DATE : January 16 , 1985 Introduction At the December 18 , 1984 department head staff meeting I introduced a supervisory training program (copy of program outline attached) that is now available through the Government Training Service at a reasonable price . The department heads were interested in the program so on January 16 , 1985 , Frank Quisenberry made a presentation here in Shakopee outlining the specifics of the program. Program Contents Frank Quisenberry , a management consultant , works through the Government Training Service ( GTS ) to provide this program to public sector supervisors . Prior to our January 16th meeting , Frank sent us a needs analysis which was completed by all supervisors and returned to him for tabulation . At the meeting on the 16th Frank presented the results of the needs analysis which are attached. After reviewing the needs analysis , Frank discussed the other aspects of the supervisory training program and responded to questions . Department heads and supervisors are interested in going forward with this type of program if it can be conducted at a reasonable price and if the sessions can be held simultaneously for all supervisors here in Shakopee . I had also invited the City Administrators from Chaska , Prior Lake and Savage to the meeting on the 16th. Mark McNeil from Savage did manage to attend and is quite interested in the program. He will be reviewing the program and the program cost with his City Council this month. We are considering joint participation. Program Costs The City did not budget for a comprehensive training program for all City supervisors for 1985 . Therefore , funding the training program would require using some of our $82 , 000 in general fund contingencies . The GTS funding formula for Shakopee or Shakopee and Savage would be $2 , 450 . 00 plus $11 . 00 per participant for a four day session . If we estimate 15 participants from Shakopee the cost would be $2 ,615 .00 , or $ 174 . 00 per employee for four days of training . If Savage is included the price could be reduced to $117 . 00 per employee for four days of training assuming Savage had 8 supervisors attending . The largest cost in such a program would be the supervisor ' s time away from regular City business. However , Shakopee supervisors and Savage supervisors have never attended an intensive two to four day training session on basic supervisory skills. Shakopee supervisors , after the most recent meeting with Mr. Quisenberry , are still very interested in this type of training program. Alterna -i v s 1 . Proceed only if Savage participates thus reducing the base cost. 2. Proceed with or without Savage in 1985 or in 1986 after the program is included in the formal budget process. 3 . Proceed only if some portion of the cost comes from existing 1985 training budgets. 4 . Drop the idea altogether. Summary and Recommendation The major cost items for a training program like this are .the fees and the time away from the job . Personally , I believe that this type of training exercise that brings together all Shakopee supervisors ( and possibily Savage supervisors ) will provide an excellent base for increasing the supervisory skills of all Shakopee supervisors. The likelihood that supervisors will use the skills taught in a session like this and share the knowledge is much greater than if we sent supervisors off to training programs individually . In addition , the cost is significantly less because we will not have transportation and lodging costs. The only cost would be for a box lunch, because we can get the use of Citizens State Bank ' s meeting room at no cost. Action Rea nested Pass a motion authorizing the appropriate City personnel to enter into an agreement with the Government Training Service for up to four days of training for all City supervisors at a cost not to exceed $2700 .00, said cost to be charged to the general fund contingencies. JKA/jms i ow Rl�a z o sy 9 ^c aSFR _ lw o a m'aw _ Ro» oo v 1 S p C '-1 •... H O V � O y O. na C D O, G1 p 33 S S S £ O j.. R R R S S £ v S 9 A c t" N r z N 3 r Oovr _• G v o N � gQ t - - j 3I O ryRry S �n D _ R a 3 A '6 C ~ 3 o. - o O - N O O F p •• 11 01 AN N J O N 6 1g i R O 3ry3ry 33 y 33 z o1 .a. o 10 - ��2 R, X d -^+'O 3 O nn3 N 2 9 A N H A 3 o S O m NN 2 f� c N 5 Sl 3 gng.2 of y~y o Im N9 .. ^ N •wON _ < - _ O� 3 m 5 r Management Develoament Needs Assessment forms were complete by 13 supervisory Personnel within the City of Shakopee The survey provides data in two areas. 1 . Management Development Needs by Topic. 2. Personnel Management Issues. Chart 1 . Management Development Issues by Topic. Difference from Norms. This graph shows the difference from the norms population of City of Shakopee Supervisors. Ranking of Needs Raw ranking Topics measured are. by difference from norms Items Role of the Supervisor I to 4 6 1 Leadership Skills 5 to 8 2 3 Communication Skills 9 to 12 5 5 Delegation Skills 13 to 16 4 8 Performance Appraisal 17 to 20 7 6 Solving People Problems 21 to 24 9 2 Time Management 25 to 28 1 9 Decision Making 29 to 32 3 7 Technical Skills of Management 33 to 36 8 4 CITY ar SHAK0FEE D_2 DIFFERENCE FROM NORMS 0.? —0.2 —0.3 / —0.4 -0.7 ROL� LE::,D CONI/ EES; APPR PERF TIME GE_i TErti H f-- A``.'EF.rGE FY TOPi� 3.8 3.7 t �\ 3_B I i Cn 3-5 - 0 _50 z Y v_d z g 3-3 — LU .3W / 3.2 / d 3.1 f 2.9 f ROLE LE<J COMM DELG APPR PERF TIME DECI TECi-i TOPICS WLL NORMIS + GOVERNMENT NORMS 4 CITY OF S�'IAKOPEI Charts 3 Average Ranking by question for I to 18 Part 1 Management development needs. Norms = Population of 545 supervisors who have completed the instrument. Government norms of 75 public sector supervisors who have completed the instrument. C17Y OF SHAP0KEE ,&.3 AVERAGE BY QUESTION 4.2 4.1 4 3.9 3.8 cr) 3-B Z 3.5 be 3.4 z 3.3 3.2 W 3.1 3 2.9 Q 2-e 2.7 2.8 2.5 2_a s 2.3 2-2 2.1 01 02 03 04 Q5 OB 07 Qe 09 Q10011Q12Q13Q14Q15Q1C017C1E I 1 .�rH N4` �..KEY 4.1 4 3.9 ! 3.8 3.7 3.E C11 3.5 ` ! C 3.4 3.3 \ 3.1 Li 3 2-7 2-e 1 ? 2.4 '� f 2.3 r 22 } 2_y Q 19 0-0 Q2'1 022 023 024 Q25 C-2-r:Q271G28 C-29 03-D03 1 ^3:Q33 034 035^3E. QUESTIONS WLL NORMS + GOVER.Nt.jENT NORNAS 6 CITY OF' S,!-tAKOPEI Chart 5. Personnel Management Issues. Part I1 of the Questionaire listed 33 i different issues that supervisors encounter in their work with people. These Issues have grouped into 10 Scales. f' Items Ranking by City of Shakopee Norms Raw { 1 . Work rules issues 1 , 14, 16,20,21 3 7 i 2. Conflict issues 7,8, 19,22,23,31 ,32 8 4 I 3. Performance appraisal 5,6,25,28,29 4 2 4. Implementing change 2,3 2 10 5. Problem employee 9, 10,30,33,31 10 6 I i 6. Dealing with your boss 18,22 9 5 I 7. Work performance issues 17, 14,25 7 8 S. 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PO C) O� M N Ln N rn O JO p --I Ln r\ 't Ln 00 O Ln ' O O O - O rn O p OLn 000 M L m \.O M O O N N Ln 0 O Ln 00 d M tr1 N ON 00 r` p (n 00 r+ -4 r` L� 00 Ln r- 00 a) bD b a) a N O O O O O O O O O '02') U u O O O O O O O O p 0 QO V) ro Pe w 00 00 00 00 00 00 00 O O in SOI U W O O O cv O O O p Sa O O O O O O O rn O ro O O O O O O O O r p G O O O O O O O r` p ro r r O O O O O O O --+ o, U U O N r\ M O p p 6 N M N N N N N ON .-. CN m M M L O :J o0 cO o0 00 00 CO oo O p Ln \ 00 M M +� O Lr) 00 00 x N N Uco Lr) U O N 11 f1] 0 3 S N G 0 U � D 1 D � p[ O z 00 p N M �t N N N 00 s' n m U N U] 0D N �+ W Gb0 tt t A o U W U 4-1 N W U) G o C14 y 7+ 1 U ~ 3 p ji H U (J] O W z 0 U 4 U _ U Qi 4.1 ca PQ 00 p M O O L p Lr) 4-1 C+ M N O N co M 00 O W 0 Lf) 00 Oo C14 r ^ -- 00 Ul r+ � rr} U U O O 1O Q ^- '— p O O - U -{ • N p r` t� O O N Ul � � O Lr) U t� O 6 r CT O 1-4 r- Lr) •ri �7 M � U r N p Q I� n Memo To: John K. Anderson, City Administrator (� From: Marilyn M. Remer, Sr. Accounting Clerk Re: Cancer Insurance / Date: January 17, 1985 Background & Introduction Several months ago staff was contacted by local representatives of American Family Life Assurance who presented Cancer and Intensive Care Insurance Programs that are offered to employees through payroll deductions plans. American is the world's largest underwriter of cancer expense insurance. Many area communities (Mankato, Prior Lake, Rosemount, Chaska, & Lakeville)are presently enrolled or soon to be enrolled in this plan. In the past the City of Shakopee has had two cancer plans available for employee participation, but one was dropped this year. Currently employees may purchase Cancer Insurance from Minnesota Benefit Assoc. (MBA) through the payroll deduction plan if they so desire. Sixteen are participating currently. Staff has made a comparison of the MBA plan and the American plan and has determined the American Ins. to be excellent and superior to the MBA. To date approximately 15 employees have indicated a strong interest to enroll in this program. Eight of the public works employees who are currently on the MBA plan have expressed they would change to the American plan and the others not presently carrying cancer insurance stated they wish to participate in this plan. Not all of the Police Dept. has been contacted but of the few who were, 2 or 3 were very much in favor of it, plus several City Hall employees have indicated they are interested in this coverage. The Payroll system presently has a field for cancer deductions so this would not require any additional payroll adjustments. The City would be billed on a monthly basis with all premiums paid by employee payroll deductions. Due to strong employee interest and the excellent program offered, staff is requesting Council approval to add this cancer program as a payroll deduction plan. MBA would also remain available for those not wishing to make a change. Alternatives 1. Add American Family Life Assurance Cancer Plan as a payroll deduction program. 2. Do not add American Family Assurance Cancer Plan. Recommendation Alternative No. 1 Action Requested Request Council authorize the appropriate staff to enroll in the American Family Assurance Insurance plans. a TO : John K. Anderson, City Administrator FROM: Gregg M. Vox l and, Finance Director SUBJECT: I nt er f und Transfers DATE: January 15, '1895 Request Council approve the following interfund transfers in accordance with the 1984 Budget and Council action. From Revenue Sharing Fund to the General Fund Administrat ion Computer Office Products $99. 00 Copier Metro Sales $11 , E40. 00 Finance Computer Office Products $2, 971. 00 Police Admin. Car City of Shakopee $10. 75 Squads Propane Carb/turbo $4, 672. 50 Squads Uniforms Unlimited $994. 50 Squads Induction Research $1, 075. 12 Computer Office Products $55. 00 Fire New Pumper Clare_ys - $5, 080. 00 New Pumper Conway X16, 627. 75 New Pumper Motorola $188. 50 New Pumper Motorola $7, 391 . 29 New Pumper Fisco $119. 50 New Pumper F i sco, $8, 260. 64 New Pumper Midcentral $500. 00 Inspection Truck KMart $89. 97 Engineering Computer Office Products $5, 38S. 00 Computer Office Products $112. 50 Computer Office Products $5, 62S. 00 Computer Office Products $150. 00 Tape Unit Office Products $1, 334. 00 Tape Unit Office Products $130. 00 Street Loader J. I. Case $65j303. 00 Pool P. A. System Hauenst ien/Burmeis $1, 731. 78 ------------ TOTAL $139, 532. 80 From Capital Equipment Fund to the General Fund Fire Hose Conway $6, 080. 00 Nozzle C l arey $1 , S50. 00 ------------ TOTAL $7, 730. 00 Action Requested ; Move to approve the transfer of $139, 532. 80 from the Revenue Sharing Fund to the General Fund and $7, 730. 00 from the Capital Equigement Fund to the General Fund. MEMO TO : John K. Anderson, City Administrator 9/v FROM : Judith S . Cox, City Clerk 1) RE : Appointments to Boards and Commissions DATE : January 15 , 1985 Introduction and Background Per Council policy, nominations we-e made on January 8th to fill expiring terms on various City boards and commissions . Appointments are now in order . Because all positions are unopposed , no balloting will be necessary. Action Recommended Since there is no opposition, nominations to the following boards and commissions shall be considered as an election as of this date as follows : 1. Reappointment of John Schmitt to the Planning Commission for a four year term expiring January 31 , 1989 . 2. Reappointment of Paul Wermerskirchen to the Industrial Commercial Commission for a three year term expiring January 31 , 1988 . 3. Appointment of Tim Keane to the Industrial Commercial Commission for a three year term expiring January 31 , 1988 . 4. Reappointment of Bob Ziegler to the Shakopee Community Services Board for a two year term expiring January 31 , 1987 . 5. Reappointment of Lee Davis to the Cable Communications Advisory Commission for a three year term expiring January 31 , 1988 . 6 . Reappointment of Virgil Mears to the Police Civil Service Commission for a three year term expiring January 31 , 1988 . 7. Reappointment of David Dunwell to the Energy and Transportation Committee for a one year term expiring January 31 , 1986 to fill the vacancy created by the resignation of John Toppin. (Mr . Dunwell prefers filling an unexpired term rather than being reappointed to a new three year term. ) 8. Reappointment of Bob Ziegler to the Energy and Transportation Committee for a three year term expiring January 31 , 1988 . 9. Appointment of Don McNeil to the Energy and Transportation Committee for a three year term expiring January 31 , 1988 . 10 . Appointment of Eugene W. Allen to the Energy and Transporta- tion Committee for a three year term expiring January 31 , 1988 . 0C MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City C1erk(:�C— J RE : Appointments to Shakopee Community Access Corporation DATE : January 18 , 1985 Introduction Recommendations from the Access Corporation are attached for nomination to the Board of Directors to fill the two expiring terms . Background The By-Laws of the Corporation provide for a Board of Directors consisting of seven members serving staggered terms . Any member of the Corporation interested in appointment must receive support from 20% of the members in good standing in order to place their name in nomination for appointment by the Council . Both Ms . McDonald and Mr. Stafford have received support from more than 20% of the members in good standing. On February 7 , 1984 Council set the terms for the Board of Directors of the Community Access Corporation as follows : 3-year term: Gary Morke , Dennis Roske and Robert Ziegler 2-year term: Jim-Abbett ( Bill Lepley) and Bill Harrison 1-year term: Barbara-Hegfers ( Clifford Stafford) and Corrine McDonald When the Articles of Incorporation were filed with the State ; they erroneously indicated that the term for the original members was set at one year. Therefore , it is necessary for Council to reappoint Mr . Morke , Mr. Roske , Mr. Ziegler, Mr . Lepley and Mr. Harrison to coincide with the original terms set last February. Recommendation To be consistent with policy, it is appropriate to nominate seven members to the Shakopee Community Access Corporation Board of Directors . Terms will be set with appointments at next Council meeting. Action Recommended Make the following nominations to the Shakopee Community Access Corporation Board of Directors : Gary Morke , Dennis Roske , Robert Ziegler , Bill Lepley, Bill Harrison, Clifford Stafford and Corrine McDonald. JSC/jms Januany 10 , 1985 We the unden zigned membenz of the Shakopee Community Accezz Conponation zuppont the nomination of Ciijjond Sta��ond to hitt the pobtion o6 $oared Members bon a team ob thnee yeanz . R. Ag 10 Januany 1985 We the unden zigned membenz of the Shakopee Community Accezz Conponation zuppont the nomination o6 Co)uLine McDonald to 6iit the portion o6 8oand Members jon a team of thnee yeant . _ � 4., i MEMO TO : John K. Anderson, City Administrator FROM: Judith S . Cox, City C1erC� _ RE : Lease with Shak-O-Valley Amateur Hockey, Inc . DATE : January 18 , 1985 Introduction Attached is a letter from LeRoy Worm, President of Valley Ice Acrea , Inc . , as well as a copy of a draft lease prepared by the Assistant City Attorney Rod Krass between the City and Valley Ice Arena , Inc . .Background The letter explains the organizational structure of Valley Ice Arena , Inc . and asks Council to enter into a lease with them for the City land at Lions Park, as opposed to Shak-O-Valley Amateur Hockey, Inc . Valley Ice Arena , Inc . was incorporated in June of 1984 and the membership consists of the Shak-O-Valley Amateur Hockey, Inc . , and the Chaska Community Hockey Association, Inc . , and any other persons or corporations as the Board of Directors may allow. The current lease with Shak-O-Valley Amateur Hockey, Inc . expires September 1985 so this is an appropriate time to look at renewing the lease . The new lease , prepared by Mr. Krass , is similar to the existing lease with a few changes : 1 . Insurance requirements increased to 200,000/600,000 which is consistent with recent state law. 2 . Tenant has been changed to Valley Ice Arena , Inc . 3 . Effective date changed from September 16th to June 1st . 4. Language has been added, at the request of the Corporation for tax purposes , indicating that the City will not authorize an assignment of the lease to any entity which is not non-profit . Alternatives a . Renew lease as drafted. b. Don' t renew lease . C . Amend lease . Action Recommended Authorize proper City officials to enter into a five year lease with Valley Ice Arena , Inc . for City property lying North and East of the municipal swimming pool . JSC/jms � ae.,.9 ..�'»Mv"?�k ^•"if�sa,.� .,nyyse.'RIIMJ�.r ,'/,/ /^/.., +P'��y,n � �y VALLEY ICE ARENA INC CHASKA 1 • _ .. P.O. Box 200 991 11th Ave. West SHAKOPEE 14 January 1985 Shakopee, MN 55379 w `` `�_J (612) 445-7982 Ms. Judith S. Cox, ..._. . City ClerkWfi s City of Shakopee Shakopee, MN 55379 Attn: City Council Subj: Valley ice Arena - Organizational Structure Approximately two years ago, the Shak-O-Valley Amateur Hockey, Inc. contacted Chaska Hockey Association for the purpose of being an equal shareholder in the ice arena. Guidelines were determined and accepted by both parties. On May 1 , 1983, a board of directors was elected. A total of six directors are on the board, three from Shakopee and three from Chaska. The annual election date for three directors is May I . Each term will be for two years. This date was selected because it is at the end of the operating season for ice rental. After forming a board of two communities to manage the directors from ice arena, the title of the arena was changed from Shak-O-Valley Amateur Hockey, Inc., to Valley Ice Arena, Inc. The existing lease with the City of Shakopee lists the tenant as Shak-O-V Amateur Hockey, Inc. At this time, the Valley Ice Arena Board alley requests the tenant's name be changed to Valley Ice Arena, Inc., under the r's ease- Hopefully, the City Council would act on this before the election Officers to the Valley Ice Arena Board May 1. of new As suggested, a communication link should be formed betwen City of Shakopee and the Valley Ice Arena Board. Mr. John Goihl will serve as the liaison person for this function. The elected board of directors for 1984-85 season are: President LeRoy Worm Vice President Roy Ohlman Treasurer Keith Zell Director Bruce Hebeisen Director Don Bunge Director Ed Frey The Board appreciates the support the City Council has given and will continue to support this community facility. Thank ycu, 1_.e?m' dorm LEASE AGREEMENT THIS INDENTURE, made this day of May, 1985, by and between the City of Shakopee, a Minnesota municipal corporation (hereinafter designated and referred to as "Lessor"), and Valley Ice Arena, Inc. , a Minnesota non-profit corporation (hereinafter designated and referred to as "Tenant") . WITNESSETH: WHEREAS, Lessor is the present owner of the fee title to the land located in the County of Scott, State of Minnesota, legally described on Exhibit A attached hereto and made a part hereof and the improvements constructed thereon (said land and improvements being hereinafter collectively referred as "Premises" or "Demised Premises") ; and, WHEREAS, Lessor desires to lease said Premises to Tenant, and Tenant desires to hire and take the Premises from Lessor. NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for further good and valuable consideration which each of the parties hereto acknowledge as adequate and sufficient, the parties hereto agree as follows: ARTICLE I. DEMISING CLAUSE 1.1 Lessor, for and in consideration of the rents herein reserved, and the covenants and agreements herein contained on the part of the Tenant to be kept, observed and performed, does, by these presents, demise and lease to Tenant , and Tenant hereby hires and lets from Lessor, the Demised Premises, all in accordance with the terms, covenants and conditions herein set forth. 1.2 Tenant shall have and hold the Demised Premises, and all improvements now or hereafter constructed thereon as they shall be, as of the date hereof , without any liability or obligation on the part of Lessor to make any alterations, improvements or repairs of any kind on or about said Demised Premises for the term of the within Lease. Tenant agrees to maintain the Demised Premises and all parts thereof in good and sufficient state of repair. ARTICLE II. TERM 2.1 The term of this Lease shall commence on the 1st day of June, 1985, and shall continue thereafter through and inclusive of 12:00 o'clock noon on the 30th day of May, 1990, unless sooner terminated as herein set forth. ARTICLE III. RENTAL 3.1 In consideration of the leasing, aforesaid, and provided said use as set forth in Article IV. continues, Tenant agrees to pay to Lessor, at Shakopee City Hall, annual rental in the sum of One and no/100 Dollars ARTI CLE IV. US E 4.1 The Demised Premises shall be used for purposes of an ice arena -1- and for such activities as may be lawfully carried on, in and about the Demised Premises. Tenant shall not use or occupy the Demised Premises or knowingly permit the Demised Premises to be used or occupied contrary to any statute, rule, ordinance, requirement or regulation applicable thereto, or in any manner which would substantially diminish the value or usefulness of the Demised Premises or any part thereof. ARTICLE V. INSURANCE 5.1 The Tenant shall, at the Tenant' s sole cost and expense, keep all buildings or structures erected upon the Demised Premises, and fixtures therein, equivalent to the full replacement value thereof against (a) loss or damage by fire and (b) such other risks, of a similar or dissimilar nature, as are or shall be customarily covered with respect to buildings or structures similar in construction, general location, use and occupancy, including, but without limiting the generality of the foregoing, windstorm, hail, explosion, vandalism, riot and civil commotion, damage from vehicles and smoke damage and such other coverage as may be deemed necessary by the Lessor, providing such additional coverage is obtainable and provided such additional coverage is such as is customarily covered with respect to buildings and structures similar in construction, general location, use and occupancy as are, or shall be, constructed on the Demised Premises. These insurance provisions shall in no way limit or modify any of the obligations of the Tenant under any of the terms or provisions of this Lease. 5.2 The Tenant shall also, at the Tenant' s sole cost and expense, but for the mutual benefit of the Lessor and the Tenant, maintain (a) general public liability insurance against claims for personal injury, death or property damage occurring upon, in, or about the Demised Premises and on, in or about the adjoining lands, streets and passageways, such insurance to afford protection to the limit of not less than the maximum amount for which claim may be made against a municipality, which at the time this Lease is entered into is Two Hundred Thousand and no/100 Dollars ($200,000.00) per person and Six Hundred Thousand and no/100 Dollars ($600,000.00) per incident. Should that amount: be changed by the legislature the Tenant will provide insurance affording protection to the Lessor in the new amounts. Should by Court action the limitations on amounts of claims that may be made against a municipality be removed, the Tenant shall provide such amounts of insurance as the Lessor shall from time to time by written notice require. 5.3 All policies of insurance relating to fire, windstorm and similar coverage shall name the Lessor as the co-insured. 5.4 All policies of insurance shall be written in companies satisfactory to the Lessor and shall be written in such form and shall be distributed in such companies as shall be reasonably acceptable to the Lessor. Said policies shall be delivered to the Lessor endorsed "premium paid" by the company or agency issuing the same or accompanied by other evidence satisfactory to the Lessor that the premiums thereon have been paid, not less than ten (10) days prior to the expiration of any then current policies. Said policies shall also contain language whereby the Lessor shall be notified in writing by the insurer of any cancellation of said policy. 5.5 The Tenant shall insure the contents of any building or structure occupied by the Tenant , against loss or damage by fire, windstorm or other casualty for such amount as Tenant may desire and Tenant agrees that such policy shall contain a waiver of subrogation clause as to the Lessor. The Tenant waives, releases and discharges Lessor for all claims or demands whatsoever which Tenant may have or acquire in the future, arising out of damage to the destruction of Tenant' s contents occasioned by fire or extended coverage risk whether such claim or demand may arise because of the negligence of the Lessor, its agents or employees or toherwise, and Tenant agrees to look to insurance coverage only in the event of such loss. ARTICLE VI. UTILITIES 6.1 It is further agreed that Tenant will pay for all charges for water, electricity, light, heat, gas, power, sewer or other utilities furnished to said premises. Tenant assumes all risks upon availability or interruption of such utility services except for causes within the reasonable -2- control of Lessor. The rent and other obligations hereunder shall not abate, and this Lease shall not terminate as a result of unavailability or interruption of said utilities. ARTICLE VII. REPAIRS 7.1 The Tenant covenants throughout the terms of this Lease and any renewal terms, at the Tenant's sole cost and expense, to take good care of the Demised Premises, including the buildings and improvements now or at any time erected thereon, the equipment, fixtures, motors and machinery thereof, the sidewalks, curbs, roadways, parking areas and fences, and to keep the same in good order and condition, and shall promptly, at the Tenant's own cost and expense, make all necessary repairs, interior and exterior, structural maintenance, ordinary as well as extraordinary, foreseen as well as unforeseen, including specifically, but not by way of limitation, all repairs made necessary by the use made by Tenant of the Premises. When used in this p""vision, the term "repairs" shall include replacements or renewals when necessary, and all such repairs made by the Tenant shall be equal in quality and class to the original work. The Tenant shall keep and maintain all portions of the Demises Premises and the sidewalks adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. ARTICLE VIII. COMPLIANCE WITH LAWS 8.1 The Tenant covenants through the term of this Lease, at the Tenant' s sole cost and expense, promptly to comply with all laws and ordinances and the orders, rules, regulations and requirements of all federal, state and municipal governments and appropriate departments, commissions, boards and officers thereof, and the orders, rules and regulations of the Board of Fire Underwriters where the Demised Premises are situated, or any other body now or hereafter constituted exercising similar functions, foreseen or unforeseen, ordinary as well as extraordinary, which may be applicable to the Demised Premises, the fixtures thereof and the sidewalks and curbs, if any, adjoining the Demised Premises or the use or manner of use of the Demised Premises. The Tenant will likewise observe and comply with the requirements of all policies of public liability, fire and all other policies of insurance at any time in force with respect to the building and improvements on the Demised Premises and the equipment thereof . ARTICLE IX. MECHANICS LIENS 9.1 The Tenant shall not suffer or permit any mechanics liens to be filed against the Demises Premises or any part thereof by reason of any work, labor, services or materials supplied or claimed to have been supplied to the Tenant. ARTICLE X. INTENT OF PARTIES 10.1 It being the intention and purpose of the respective parties hereto that all costs or expenses of whatever character or kind, general and special, ordinary and extraordinary, foreseen or unforeseen, and of every kind and nature whatsoever that may be necessary in or about the operation of the Demised Premises, shall be paid by the Tenant. 10.2 The Tenant covenants and agrees that if it shall at any time fail to pay any costs, as defined above, or take out, pay for, maintain or deliver any of the insurance policies above provided for, or shall fail to make any payment or perform any other act on its part to be made or performed as in this Lease provided, then the Lessor may, but shall not be obligated so to do, and without notice to or demand upon the Tenant and without waiving or releasing the Tenant from any obligations of the Tenant in this Lease contained, pay any such imposition, effect any such insurance coverage and pay premiums therefor, and may make any other payment or perform any other act on the part of the Tenant to be made and performed as in this Lease provided, in -3- such manner and to such extent as the Lessor may deem desirable, and in exercising any such right to pay necessary and incidental costs and expenses, employ counsel and incur and pay reasonable attorneys fees. All sums so paid by the Lessor and all necessary and incidental costs and expenses in connection with the performance of any such act by the Lessor shall be payable to the Lessor on demand, together with interest thereon at the lessor rate of twelve (12%) percent per annum or the maximum permitted by law from the date of making of such expenditure by Lessor. ARTICLE XI. DEFAULTS OF TENANT 11.1 If, during the intial term of this Lease or any renewal term (a) the Tenant shall fail to continue the use of the Demised Premises, or (b) make an assignment for the benefit of creditors, or (c) a voluntary petition be filed by the Tenant under any law having for its purpose the adjudication of the Tenant a bankrupt, or (d) a receiver be appointed for the property of the Tenant by reason of insolvency of the Tenant, the occurrence of any such contingency shall be deemed a breach of the Lease and this Lease shall, ipso facto upon the happening of any of said contingencies be terminated and the same shall expire as fully and completely as if the day of the happening of such contingency were the date herein specifically fixed for the expiration of the initial term or any renewal term, and the Tenant will then quit and surrender the Demised Premises to the Lessor, but the Tenant shall remain liable as hereinafter providers. 11.2 If, during the initial term of this Lease or any renewal term (a) the Tenant shall make default in fulfilling any of the covenants of this Lease or (b) the Demised Premises shall be left vacant or deserted for a period of thirty (30) days or (c) this Lease shall be signed or transferred in any manner, the Lessor may give to the Tenant notice of any default or of a happening of any contingencies in this paragraph referred to, and if at the expiration of thirty (30) days after the service of such notice, the default or contingency upon which said default was based shall continue to exist, when the case of a default or contingency which cannot with due diligence be cured within a period of thirty (30) days, if the Tenant fails to proceed promptly after the service of such notice and with all due diligence to cure the same and thereafter to prosecute the curing of such default with all due diligence (it being intended that in connection with a default not susceptible of being cured with due diligence within thirty (30) days the time within which Tenant is to cure the same shall be extended for said period as may be necessary to complete the same with all due diligence), the Lessor, at its option, may terminate this Lease and upon such termination the Tenant shall quit and surrender the Demised Premises to the Lessor, but the Tenant shall remain liable as hereinafter provided. 11.3 The specified remedies to which the Lessor may resort under the terms of this Lease are accumulative and are not intended to be exclusive of any other remedies or means of redress to which the Lessor may be lawfully entitled in case of a breach or threatened breach by the Tenant of any provisions of this Lease. The failure of the Lessor to insist in any one or more cases upon the strict performance of any of the covenants of this Lease or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of such covenant or option. In addition to the other remedies in this Lease provided, the Lessor shall be entitled to the restraint by injunction of the violation, or attempted or threatened violation, of any of the covenants , conditions or provisions of this Lease. ARTICLE XII. AS S I GNMEN T 12.1 The Tenant shall not assign this Lease, either in whole or in part, nor sublet or mortgage the leasehold interest of Tenant or any part or parts thereof , without prior written consent of the Lessor, which consent will be given, if at all, only to an assignment of this Lease to a non-profit corporation or entity. This condition shall not prevent the Tenant from leasing space within the Demised Premises on an hourly or similar basis for purposes connected with the use of the Demised Premises as an ice facility. -4- nen ARTICLE XIII. SIGNS 13.1 Tenant may erect such signs as it may deem desirable, as long as said signs do not violate the laws of the municipality in which the Demised Premises is situated. ARTICLE XIV. MISCELLANEOUS 14.1 The Tenant covenants not to do or suffer any waste or damage, disfigurement or injury to any building or improvement now or hereafter on the Demised Premises, or the fixtures and equipment thereof. 14.2 The Tenant agrees to permit the Lessor, or its authorized representatives to enter upon the Demised Premises at all reasonable times for the purpose of inspecting the same and making necessary repairs to any facility on the Demised Premises which the Lessor maintains or operates. 14.3 The Tenant hereby agrees to indemnify and save harmless the Lessor against and from any and all claims by or on behalf of any person or persons or firm or firms, arising from the conduct or management of or from any work or thing whatsoever done in or about the Demised Premises. Tenant further acknowledges that no representation, express or implied, has been made by Lessor as to the suitablility of the Demised Premises to be used by the Tenant. 14.4 All notices, demands and requests which may or are required to be given by either party to the other shall be in writing. All notices, demands and requests by the Lessor to the Tenant shall be mailed by United States Mail, postage prepaid, addressed to the Tenant at the Demised Premises. All notices, demands and requests by the Tenant to the Lessor shall be sent by United States Mail, postage prepaid, addressed to the Lessor, at Shakopee City Hall, Shakopee, Minnesota. 14.5 The Tenant, in the use and occupancy of the Demised Premises and in the conduct of any business therein, shall comply with the requirements of all laws, orders, ordinances, rules and regulations of the federal, state, county and municipal authorities. The Tenant covenants that it will not use or permit to be used any part of the Demised Premises for any dangerous, noxious or offensive trade or business and will neither cause nor suffer any nuisance in, at or on the Demised Premises. 14.6 The Tenant shall, upon termination of this Lease, for any reason whatsoever, surrender to the Lessor the buildings, structures, fixtures and building equipment upon the Demised Premises, together with all additions, alterations and replacements hereof. 14.7 The covenants and agreements herein contained shall bind and inure to the benefit of the Lessor, its successors and assigns, and the Tenant and its permitted successors and assigns. 14.8 If any term or provision of this Lease shall to any extent be held invalid or unenforceable, the remaining terms and provisions of this Lease shall not be effected thereby, but each term and provision of this Lease shall be valid and enforced to the fullest extent permitted by law. This Lease shall be construed and enforced in accordance with the laws of the State of Minnesota. ARTICLE XV. RENEWAL 15.1 This Lease may be extended for additional five (5) year periods according to the same terms and conditions by written mutual agreement of the parties hereto. ARTICLE XVI. ICE FACILITY CONSTRUCTION 16.1 Construction of any ice facility on the Demised Premises shall be commenced and allowed to continue, only after final plan approval by the Lessor. -5- ARTICLE XVII. AUTHORIZATION 17.1 This Lease Agreement is authorized and pursuant to Resolution No. 1700 authorizing the leasing of City property for an ice arena. This Resolution was adopted and adjourned regular session of the Shakopee City Council on September 16, 1980. ARTICLE XVIII. WAIVER OF MECHANICS LIEN 18.1 Before commencing any improvement to the Premises, or allowing any materials, labor or services to be supplied for improvement to the Premises, the Tenant shall provide the Lessor with mechanic lien waivers properly executed by all suppliers of labor and/or materials. Failure of the Tenant to provide said waivers shall constitute a breach of this Lease Agreement and shall entitle the Lessor to any and all remedies hereinbefore set forth. ARTICLE XIX. NOTICE 19.1 During the term of this Lease and any extension thereof, Tenant shall cause to be posted in a conspicuous place on the Premises, and in a manner clearly visible to the public, a notice stating that the Lessor, the City of Shakopee, is not responsible for the cost of any labor, materials or supplies provided for use or :improvement of the Premises. IN WITNESS WHEREOF, each of the parties hereto has caused this Lease to be duly executed as of the day and year first above written. CITY OF SHAKOPEE By: Eldon Reinke, Mayor and By: John Anderson, City Administrator and By: Judith S . Cox, City Clerk VALLEY ICE ARENA, INC. By: Its President By: Its Secretary THIS INSTRUMENT DRAFTED BY: Approved as to form this Krass, Meyer & Walsten Chartered day of May, 1985. 327 South Marschall Road, Suite 300 Shakopee, Minnesota 55379 Assistant City Attorney -6- STATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of May, 1985, by Eldon Reinke, John Anderson and Judith S. Cox, respectively the Mayor, the City Administrator and the City Clerk of the City of Shakopee, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of May, 1985, by and respectively the President and the Secretary of Valley Ice Arena, Inc. , a Minnesota non-profit corporation, on behalf of the corporation. Notary Public _ J EXHIBIT A That part of the Southwest Quarter of the Northwest Quarter of Section 12, !Township 115, Range 23, Scott County, Minnesota , described as follows Commencing at the southwest corner of said Southwest Quarter of the Northwest Quarter; thence on an assumed bearing of North along the west line of said Southwest Quarter of the Northwest Quarter a distance of 671.24 feet to a point hereinafter referred to as point "A"; thence continuing North a distance of 135.73 feet; thence South 84 degrees , 17 minutes, 30 seconds East a distance of 492. 19 feet to the point of beginning of the land to be described; thence continuing South 84 degrees, 17 minutes, 30 seconds East a distance of 354.81 feet; thence South 00 degrees , 15 minutes , 00 seconds West a distance of 658.57 feet more or less to the intersection with a line drawn South 54 degrees , 08 minutes , 30 seconds East from the aforementioned point "A" ; thence North 54 degrees 08 minutes, 30 seconds Hest a distance of 442.80 feet; thence North 00 degrees, 15 minutes, 00 seconds East a distance of 79.95 feet; thence North 54 degrees , 08 minutes , 30 seconds West a distance of 270.42 feet; thence North 49 degrees , 14 minutes, 22 seconds East a distance of 300.37 feet to the point of beginning. �7 MEMO TO : ,`ohn L:. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE . Special Municipal Parking Lot Permits 9 DATE: January 10, 1985 Introduction For a number of years , the City has been granting a permit to Jack Brambilla to park 12 vehicles in the Black Arrow Parking Lot , without time limitations . In the summer of 1983 the City granted a similar permit to Levee Drive Associates for 16 spaces in the same parking lot . Background Both parties are interested in renewing their permits with the City for 1985 and both have provided the City with signed agreements . Levee Drive Associates are reducing their request from 16 spaces to seven spaces , which they believe will be sufficient to fit their needs . I checked with both Tom Brownell , Chief of Police , and Jim Karkanen, Public Works Superintendent , and both have no problems with the agreements being renewed . Alternatives 1 . Approve agreements for 1985 . 2. Deny agreements for 1985 . Recommended Action Authorize and direct proper City officials to enter into an agreement with Jack Brambilla and also with Levee Drive Associates for a Municipal Parking Lot Permit for 1985 for the Black Arrow Parking Lot . JSC/jms 1y�2 SPECIAL PERMIT 7�, MUNICIPAL PARKING LOT The City of Shakopee , Minnesota , the owner of a municipal parking lot known as the Black Arrow Parking Lot , hereby grants to "Levee Drive Associates " , and their tenants , the right to park vehicles in seven (7) spaces in said parking lot without limitations of time , and which spaces are to be appropriately marked by the City , and shall be the first seven ( 7 ) spaces immediately east of Fuller Street and south of Levee Drive in Block 5 , Original Shakopee Plat , and the lessee shall pay to the City in advance , the sum amount of Ten Dollars and no cents ($10.00) per space per year. This permission is for a period terminating on December 31 , 1985 , and may be cancelled by either party on thirty (30 ) days written notice to the other, in which case unearned portions of the fee charged , if any, shall be refunded . If permission is cancelled by the City for a violation of ther terms and conditions hereof by the grantee herein , there will be no refund. The lessee hereby agrees to provide up to three parking spaces as needed , at the highrise site for handicapped congregate dining parking. There shall be no sales , repairs , or storage of vehicles and all vehicles must be currently licensed and operational . The permit granted hereby is for the sole and exclusive use of the lessee named herein and tenants of said lessee and no other person. The lessee shall keep the portion of said lot covered hereby in a neat , clean , and safe condition at all times and shall not permit or tolerate snow birds on any portion of the areas covered hereby, and the lessee assumes all risks incident to the use of the premises for parking space and shall indemnify the City against any loss , damage , or expense resulting from personnel injury or damage to, or loss of, property caused in any manner by the Lessee , and against any loss , damage , or expense resulting from injury to the Lessee , to the tenants of the Lessee , and to the employees of the Lessee . The City shall continue providing snow removal services for the parking lot in the same manner as it provides services to all municipal parking lots . The lessee and his tenants shall cooperate with the City as needed to permit snow removal . This agreement supercedes the agreement dated February 7 , 1984 by and between the same parties . IN TESTIMONY WHEREOF , this instrument is executed this day of , 19 i a LEVEE DRIVE: ASSOUA-TES CITY OF SHAKOPEE By / ;`� By John B. e gstad Its Mayor Bergstad Properties Suite 257 By ��! South 10th Avenue Its Administrator 198 SPECIAL PERMIT MUNICIPAL PARKING LOT The City of Shakopee , Minnesota , the owner of a municipal parking lot known as the Black Arrow Parking Lot , hereby grants to Brambilla ' s Autos the right to park vehicles in twelve ( 12) spaces in said parking lot without limitations of time , and which spaces are to be appropriately marked by the City , and shall be the first twelve ( 12 ) spaces west of State Highway 169 abutting the alley in Block 5 , Original Shakopee Plat, and the grantee shall pay to the City in advance , the sum amount of Ten Dollars and no cents ($10.00) per space per year. This permission is for a period terminating on December 31 , 1985 , and may be cancelled by either party on thirty (30 ) days written notice to the other , in which case unearned portions of the fee charged , if any, shall be refunded . If permission is cancelled by the City for a violation of the terms and conditions hereof by the grantee herein , there will be no refund . There shall be no sales of vehicles and no repairs or storage of vehicles incapable of being legally operated upon public streets pursuant to the terms hereof. Cars which will not start because of dead batteries shall be permitted . Cars which do not have current registration shall not be permitted . The permit granted hereby is for the sole and exclusive use of the grantee named herein and agents and employees of said grantee and no other person . The grantee shall keep the portion of said lot covered hereby in a neat, clean , and safe condition at all times and shall not permit or tolerate snow birds on any portion of the areas covered hereby, and the grantee assumes all risks incident to the use of the premises for parking space and shall indemnify the City against any loss , damage , or expense resulting from personnel injury or damage to , or loss of, property caused in any manner by the Lessee , and against any loss , damage , or expense resulting from injury to the Lessee , and against any loss , damage , or expense resulting from injury to the Lessee , to the agents of the Lessee , to the employees of the Lessee and to the general public . This agreement supercedes the agreement dated February 7 , 1984 by and between these same parties . IN TESTIMONY WHEREOF , this instrument is executed this day of , 19 BRAMB LLA ' S AUTOS CITY OF SHAKOPEE By By 1IJLOwner Its Mayor By Its Administrator By T4- c rlc-1, MEMO TO : John K. Anderson, City Adminis�ra�or FROM: Judith S . Cox, City Clerkc'-'�� RE : Resolution No . 2364, Appreciation to Gary Eastlund DATE : January 15 , 1984 Introduction and Background Mr . Gary Eastlund has served three years on the ICC until his term expired. The attached resolution thanks Mr . Eastlund for his service to the community while serving on the ICC . Recommended Action Offer Resolution No . 2364, A Resolution of Appreciation to Gary Eastlund, and move its adoption. JSC/jms RESOLUTION NO . 2364 A RESOLUTION OF APPRECIATION TO GARY EASTLUND WHEREAS , Gary Eastlund served on the Industrial and Commercial Development Commission of the City of Shakopee from February, 1982 to February, 1985 ; WHEREAS , Gary Eastlund has unselfishly contributed many hours of service to the City of Shakopee during his three years on the Shakopee Industrial and Commercial Development Commission. NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council , on behalf of the residents of Shakopee and on behalf of the Industrial and Commercial Development Commission, that the Shakopee City Council does hereby extend to Gary Eastlund the deep appreciation of the City for his years of civic interest and dedicated service to the community. Adopted in Adj . Special Session of the City Council of the City of Shakopee , Minnesota held this 22nd day of January, 1985 . Mayor ot the City-o—*-` aopee ATTEST: City Clerk Approved as to form this day of -Tg9-5 City Attorney MEMO TO: John K. Anderson, City Administrator C FROM: Judi Simac , City Planner RE: Performance Standards Amendment DATE: January 17 , 1985 Background : As per the direction of City Council , staff has prepared the attached ordinance which amends the zoning code by incorpor- ating previously approved performance standards . Also included is an official summary of the ordinance for publication pur- poses . Requested Action: Offer Ordinance No. 158 , Fourth Series , an Ordinance which amends Chapter 11 , Land Use Regulations by incorporating performance standards , and move for its adoption. JS : cah Attachment ORDINANCE NO. .15F FOURTH SERIES An Ordinance of the City of Shakopee, Minnesota, Amending the Shakopee City Code, Chapter 11 Entitled "Land Use Regulation (Zoning) " by Amending Certain Sections, by Adding to Certain Sections, by Repealing Certain Sections and Renumbering Certain Sections as hereinafter Setout and by Adopting by Reference Shakopee City Code Chapter I and Section 11.99 , which among other things contain Penalty Provision. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS: SECTION-I: Repeal The following portion of Chapter 11 hereby repealed: 26 entitled "Commercial Recreation" of Sec 11.02 (3) ; C of Subd 2 Sec 11.29; A of Subd 3 Sec 11.29; B 11.33 Subd 2B. SECTION II: Renumbering The following Subdivision of Sec 11.60 are renumbered as follows: Subd 5 renumbered Subd 9 Subd 6 renumbered Subd 10 Subd 7 renumbered Subd 11 Subd 8 renumbered Subd 12 Subd 9 renumbered Subd 13 Subd 10 renumbered Subd 14 Subd 11 renumbered Subd 15 Subd 12 renumbered Subd 16 Subd 13 renumbered Subd 17 Subd 14 renumbered Subd 18 Subd 15 renumbered Subd 19 Subd 16 renumbered Subd 20 SECTION III: The following Sections and Subsections are hereby amended and inserted : Sec 11.02 26.Commercial Recreation A+Major - A building, structure or open space designed, constructed and operated by private enterprise for recreational purpose and open to the general public. The minimum area shall be 150 acres of either one lot of record or contiguous parcels under one owner.ship,in which 50% of the lot or parcels are permanently developed. The facility shall abut _ .a street designated in the Transportation Plan as a principal, intermediate, or minor arterial or collector street. Such facilities may include amusement parks, Class A licensed horse racetrack and similar enterprises. B. Minor - a building, structure or open space designed, constructed and operated by private enterprise for recreational purposesand open to the general public. The facility must meet the minimum lot size of the zoning district. Minor commercial recreation facilities shall be all commercial recreation facilities which do not meet the standards of a major commercial recreation facility. Such facilities may include bowling alleys, tennis courts and similar use. Sec. 11.29: Add to Subd 3 the following: M. Major and Minor Commercial Recreation. Sec. 11.32: Add to Subd 3: P. Animal Hospitals and Veterinary Clinics_ Sec. 11.33: Add to Subd 2: H. Commercial Recreation Major Sec. 11.33: Add to Subd 3: 0. Commercial Recreation, Minor P. Animal Hospitals and Veterinary Clinics Sec. 11.05: Add to 6 of D of Subd 3: In all Multiple, Residential, Business (except the B-3 District) and Industrial Districts a minimum 15-foot setback shall be required for any impervious surface which occurs within the required front-yard setback.. The area within this setb.ack. shall be landscaped. All parking which occurs within the required front yards shall be screened to at least the height of the headlights of the parked vehicles or three feat. The use of screening shall require at least two types of screenia,, materials used pro- portionately at 60-40%. One type of screening material may not be used for more than 60% of the required screening. Sec. 11.05: Add to F of Subd 3: 6. Screening - Loading and service areas which occur in the front of indus- trial buildings shall be at least 50% screened to a height of 4 feet from eve level -2- Ib � view from adjacent roadway. Sec 11.28 Add the following new Subd. Subd 6 Performance Standards I. Acceptable Building Materials II. Required Parking III. Landscaping IV. Screening Sec. 11.29 Add the following new Subd Subd 6 Performance Standards Sec. 11. 30 Add Subd 6 Per.fnrmance Standards Sec. 11. 31 Add Subd 6 1. Acceptable building materials II. Landscaping ' III. Screening _ Roof-Top Outdoor storage and Trash Handling Sec. 11.32 Add Subd 5 Performance Standards Sec. 11.33 Add Subd 5 Performance Standards Sec. 11. 60 Remove-Subd 3 D Screening Required Add - Per Standards - 3 - Subd. 5 Acceptable Building Materials Ail portions or sides of multiple residential, business and industrial buildings which 1) front on existinh or planned public right-of-way, 2) abut r esidental or institutional uses or zones, or places of public assembly h as public parks or recreation facilities shall be constructed with durable, suc �•' � building materials. glow maintenance, quality The shall be deemed acceptable for he following exterior building mate required portion or side of the building, if it is incorporated into an architectural design which is consistent with the standards established within the District . fad ed brick, stone, glass, wood, architecturally treated concrete, decorative block, p�iin block, cast in place or pre cast concrete panels. h the Unless approved by the Board of Adjustment and Appeals, through whose front (required portion) rocedure, no building shall be constructed variance P is comprised of the following exterior building material: sheet aluminum, asbestos, . In approving the use of such exterior materials, the Board of Adjustment tin or stee 1 and Appeals shall find that: A. The quality and appearance of tht proposed materials is consistent with the standard which has been set within the district, and; B. The approval of the use of these materials will not result in a detrimental effect on adjacent property values. Subd. 6 Required Parking Setback In all Multiple Residential, Business (except the B-3 District) and Industrial districts, a minimum 15 foot setback shall be required for any impervious surface which occurs within the required front vard setback. The area within this setback shall be landscaped. Subd. % Landscaping Requirements A. All plant material used in the required landscaping of Multiple Re sidential, Business and Industrial districts s~iall comply with the follow i. ;; minimum sizes: Major Deciduous � C 2 z" diameter Ornamental 1%" diameter Coniferous 6 feet in height Major Shrub 5 gallon B. A minimum of one major deciduous tree shall be planted and maintained every 50 feet along public boulevards. C� 1. Existing uses in the Multiple Residential, Business and 1 Industrial districts must demonstrate an intent to comply with this standard within three years of date of enactment and must perform complete compliance within five years of date of enactment of the ordinance. Intent shall mean that the major deciduous does not have to be 22" in diameter at time of planting. Compliance shall mean that the major deciduous must be a minimum size of 22" diameter. Subd. 8 Screening The following must be screened: 1. Roof Top Facilities 2. Parking Areas 3. Outdoor Storage and Trash Handling 4. Loading and Service Areas One or any combination of the following elements may be used to meet the screening requirements: site design, building,design , grade separation, berming, landscaping, fences, walls or other landscape features. A. Roof Top Utilities All roof top utilities shall be either: 1. Totally screened from the eye level view from adjacent parcels ' and existing and planned public streets. 2. Painted to match or complement 3. incorporated into an architectural design which is aesthetically compatible with the principal structure. All materials used to screen roof top utilities shall be aesthetically compatible with the exterior building materials of the principal structure. B. Parking Areas All parking which occurs within the required front yards shall he screened to at least the height of the headlights of the parked vehicles or 3 feet . The use of screening shall require at least two types of screening materials used �\ /40%. One type of screening material may not be used for more proportionately at 60; than 60% of the required screening. C. Outdoor Storage and Trash Handling All outdoor storage and trash storage which are visible from.existing and planned adjacent streets, residential areas, institutional uses or places of public assembly shall be screened. Although the use of site planning and architectural design is the preferred approach to the screening of these elements, the amount of screening to be provided shall he at least equivalent to a screen 6 ft. in height and 80% opaque. A screening fence or wall shall be cons-tructed of attractive, permanent finished materials, compatible with those used in the construction of the principal structure. Screen fences and walls which are in disrepair shall be repaired: planting screens shall consist of healthy, fully hardy plant materials, at least 6 ft. in height and shall be designed to provide a year round opaqueness of at least 801". at the time of maturity. D. Loading and Service Areas Loading and service areas which occur in the front of industrial buildings shall be at least 50 percent screened, to a height of 4 feet from the eye level from the adj�3cent roadway . SECTION IV: Shakopee City Code Chapter I entit3ed "General Provisions and Definition Applicable to the entire City Code including Penalty for Violation" and Section 11 .94 which among other things contains penalty provisions are hereby adopted in their entirety by reference as though repeated verbatim herein. - 6 - SECTION V: SUMMARY APPROVAL The Council hereby determines that the text of the summary of this ordinance marked "Official Summary of Ordinance No. ", a copy of which is attached hereto, clearly informs the public of the intent and effect of this ordinance. The Council further determines that the publication of the title and such summary will clearly inform the public of the intent of this ordinance. SECTION VI: POSTING AND FILING The City Clerk shall see that a copy of this ordinance is filed in her office and in the public library, which the Council hereby designates as the locations at which a copy is available for inspection by any person during regular office hours. SECTION VII: PUBLICATION The Clerk shall publish the title of this ordinance and the official summary in the official newspaper with notice that a printed copy of the ordinance is avail- able for inspection by any person during regular office hours at the office of the City Clerk and the City Library. SECTION VIII: EFFECTIVE DATE After the adoption, signing and attestation of this ordinance, it shall be published as aforesaid in the official newspaper of the City of Shakopee and shall be in full force and effect on andafter the date ofsuch publication. Passed in session of the Shakopee City Council this day of 1985. Mayor of the City of Shakopee ATTEST: City Clerk Prepared and approved as to form this 17th day of January, 1985 City Attorney t ' PUBLISHED NOTICE ORDINANCE N0. IM0 Fourth Series An Ordinance of the City of Shakopee, Minnesota amending Shakopee City Code Chapter 11 entitled "Land Use Regulation (Zoning) " by amending Certain Sections by adding certain sections, by repealing certain sec- tions and by renumbering certain sections as herein set out; and by adopting by reference Shakopee City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalties for Violations" and Sec. 11.99 which among other things contains Penalty Provisions. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS: Following is the official summary of Ordinance No. Fourth Series, approved by the City Council on the day of 1985. SUMMARY The City Council of the City of Shakopee by the above Ordinance No. Fourth Series, made the following changes in the Shakopee City Code Chapter 11 entitled "Land Use Regulation (Zoning)" as follows: A. Repeals "Commercial Recreation" of Sec. 11.02(3); C of Subd 2 Sec. 11. 29; A of Subd 3 Sec. 11.29; B 11.33 Subd 2B. B. Renumbering the following subdivisons of Sec. 11.60: Subd 5 renumbered Subd 9 Subd 6 renumbered Subd 10 Subd 7 renumbered Subd 11 Subd 8 renumbered Subd 12 Subd 9 renumbered Subd 13 Subd 10 renumbered Subd 14 Subd 11 renumbered Subd 15 Subd 12 renumbered Subd 16 Subd 13 renumbered Subd 17 Subd 14 renumbered Subd 18 Subd 15 renumbered Subd 19 Subd 16 renumbered Subd 20 C. Amending the Code as follows: 1. Section on Commercial Recreation - Subd A: Major; Subd B: Minor 2. In all multiple residential business (except B-3 District) and indus trial distructs shall require a 15-foot setback and landscaping. 3. Adding to F of Sec. 11.05 of Subd 3 screening requirements. 4 Adding new subdivisions to performance standards - 11.28 and 11.29, 11.30. 5. Adding to 11.31 Acceptable building material provisions, landscaping and screening. 6. Adding performance standards to Subdivision-5, Seca 11.32 7. Adding Subd 5 performance standards to Subdivision 11.33 8. Removing Subd 3D, Screening Required from 11.60 and adding performance standards and acceptable building materials; required parking setbacks; land scaping requirements, regulating roof top facilities, parking areas, outdoor storage and trash handling and locading and service areas. 9.Said ordinance also adopts penalty provisions The above ordinance was adopted by the Shakopee City Council o nthe day of , 1985, and the immediate foregoing summary was approved by the Shakopee City Council on said date by at least a four-fifths vote of the Council as per requirement. Mayor of the City of Shakopee ATTEST: City Clerk Prepared and approved as to form t . 17th d f January, 1985 —City Attorney C =. 'I'Y OF SHAKC�PEF INCORPORATED 1870 * ENGINEERING DEPARTMENT +� 129 E. 1st Avenue - Shakopee, Hinnesota 55379-1376 (612) 445-3650 MEMO TO: John K. Anderson, City Administ FROM: H. R. Spurrier, City En - SUBMECT: Shenandoah Drive Cont DATE:DATE: January 22, 1985 4 INTRODUCTION: Attached is an agreement between the Chicago and Northwestern Transportation Company to accomodate the extension of Shenandoah Drive across Chicago Northwestern track in Shakopee. BACKGROUND: The attached agreement will be reviewed b The agreement covers the work necessary forththelty insttallatiion of rubber, crossing pads and signals at an estimated cost of $122, 962. o0. Also included in the agreement is of an easement provision for the execution agreement for which the City will pay $12, 000. +00 The formal agreement will be drafted b once they receive the easement description hwhich lwas osentice to them January 21, 1985. The City h as already adopted Resolution No. 2322, A Resolution Authorizing The City Of Shakopee To Enter Into An Agreement With The Chicago And Northwestern Transportation Company For Railroad Grade Crossing Improvements At Shenandoah Drive And Valley Park Drive, whereby the City agreed to pay these costs specified above. ACTION REQUESTED: A motion to authorize the proper City officials to execute the attached agreement covering construction of a signalized t grade crossing o accomodate the extension of Shenandoah Drive across Chicago and Northwestern Transportation any tracks Comp in Shakopee. The estimated construction cost is $122, 962. 00 and the cost of the permanent easement required by the agreement is $12, 000. 00_ The City understands that the Cit billed for the actual cost of construction. y will be HRS/omp RRCROSS CHICAGO ANDS1L G, TRA I� . NSPORTATION COMPANY ENGINEERING DEPARTMENT January 15, 1984 File: 18-41 L Mr. H. R. Spurrier City Engineer City of Shakopee 129 East 1st Avenue cr Shakopee, Minnesota 55379-1376 �L919 8 so Re: Shenandoah Drive e°�pls Dear Mr. Spurrier: Attached are three copies of an agreement covering construction of a signalized grade crossing to accommodate extension of Shenandoah Drive across our track in Shakopee. Work to be performed by the C&NW is outlined in Section 7. The es- timated cost of our work is $122,962, however, the City will be billed for the actual cost of construction. A permanent easement is required pursuant to Section 1 and the cost for same is $12,000. Please arrange for execution of the agreement on behalf of the City and return two copies to me. One fully executed copy will be re- turned for the City's file. Very truly yours, J. B. Ragsdale Engineer Public Works 11 C' AGREEMENT This AGREEMENT , made and entered into by and between the CITY OF SHAKOPEE , MINNESOTA , hereinafter caller the "City" , and the CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY , hereinafter called the "Company . " WITNESSETH : THAT, WHEREAS , the City desires to extend a public road across the track and right of way of the Company at Shenandoah Drive ; and WHEREAS , the Company is willing to grant to the City the right to extend the public road across its track and right of way ; and WHEREAS , the establishment and extension of said road across the track and right of way of the Company is solely for the public benefit ; and WHEREAS , the City is willing to assume all costs and expenses of establishing and extending said road , including all costs and expenses to the Company ; and WHEREAS , no assessment of benefit shall ever be made against the Company or its property in any amount to any extent whatever , arising from establishing or improving said road . - I - NOW, THEREFORE , in consideration of the premises and of the mutual covenants and agreements hereinafter contained , the parties hereto agree as follows : I . By separate document , the Company agrees to grant to the City for establishment , con- struction and maintenance of a public road , a permanent easement across the tracks and right of way of the Company. The City agrees to pay $ (21000,00 for said easement and this Agreement shall become effective only after the perman- ent easement has been granted . 2 . The City shall apply to the Minnesota Depart- ment of Transportation , or other proper authority - if required , for authority to establish such crossing ; and the Company consents to the issuing of an order by said Department authorizing establishing said crossing. It is understood and agreed , that , if and when so issued , such Order shall reflect and be limit6d to the terms' and condi - tions specified in this Agreement and sha11 further reflect that there is no benefit and shall be no cost or expense to the Company . -2- /tG 3 . The City agrees it will , so long as said road remains open for public travel , maintain the same and keep it and the roadway easement area adjacent to it free and clear of all brush or undergrowth or any other obstacles that would tend to intercept and/or obstruct the view of the tracks for a distance extending the full width of the Company ' s right of way and for a distance on each side of said crossing in compliance with enacted and future Minnesota Statutory requirements . 4 . The Company reserves and shall have the unre- stricted right at any time to add additional tracks or relocate its tracks across said public road and at any time to excavate for pipes , conduits , culverts , drains or other works within the easement area necessary or convenient to the operation of the Company or as apportioned by the Minnesota Department of Transportaion , or its successors ; and the City consents thereto , provided the Company shall restore the crossing or have it restored to a status of substantial status quo for all changes and modifications done by it as a consequence thereof. 5 . The parties hereto agree work covered herein is subject to all federal laws and regulations relating to equal employment and equal oppor- tunity for all persons without regard to race , color , creed , sex , age , religion , and national origin relating to , but not limited to , non- segregated facilities , minority business enterprise providing equal employment and equal opportunities to veterans including , without limitations , Executive Order 11246 , 41 CFR Part 60- 1 et seq . , 41 CFR Part 1 - 1 . 1310. 2 et seq . , 41 CFR Part 60-741 et seq . , Executive Order 11701 , 41 CFR Part 60-250. 1 et seq . , 49 CFR Section 265 et seq , and 49 CFR Part 23- et seq . to the extent aplicable . 6 . The City agrees , without expense to the Com- pany , to furnish all labor , materials , tools and work equipment necessary to perform and complete : k- a . Grading and paving to construct said public road. b . Install drainage facilities . c . Install standard railroad pavement markings and reflectorized advance warning signs . -4- d. Incidental items necessary to complete the above described work . 7. The Company agrees , at the sole cost and expense of the City , to furnish all labor , materials , tools and work equiment necessary to perform and complete : a . Install rail , ties and ballast to rehabili - tate the track structure . b . Install 54 ' rubber grade crossing surface . C. Install cantilever flashers /gates.. d . Communication line revisions . e. Incidental items necessary to complete the above described work . The estimated cost of work to be performed hereunder by the Company at the expense of the City , as outlined above , is $ iZZ,%Z.00 , and as shown in the detailed estimate of cost , marked Exhibit "A , " attached hereto and hereby made a part hereof. 8. It is understood the project herein contem- plated may be financed in whole or in part by funds appropriated by the Federal Government and all. plans , estimates , acceptance of work and general procedures are subject to Federal Aid Highway Program Manual ( FHPM ) Volume 1 , Chapter 4 , Section 3 : Volume 6 , Chapter 6 , Section 2 , Subsection 1 ; Part VIII of the Manual on Uniform Traffic Control Devices , and all supplements thereto , issued by the Federal Highway Administration . These memoranda are by this reference hereby made a part hereof. In the event that work herein provided is non- participating in Federal Aid , any reference to the Federal Highway Administration in the mem- oranda referred to herein shall be interpreted as meaning the City. 9 . The City agrees that , in the performance of all physical work to be done by it in the opening of said road , no undermining or obstruction of the Company ' s tracks shall be done ; and that all physical work done within the right of way of the Company shall be so done under the supervision of the Company ' s Engineer ; that there shall be no hazard to , nor interruption of all rail traffic ; and if any extraordinary expenses are necessarily in - curred in order to safeguard rail traffic , or if any damage or injury be done to the Company - 6- !f G Company or its property as a result of the construction performed by the City , the City or its contractor shall assume same and reim- burse the Company therefore in full . 10. If , after the initial installation of said crossings , the City desires to widen or make multiple lane crossings within the easement area granted, it may do so , providing any expense incurred by the Company in connection with such widening or other improvements by the City will be reimbursed by the City . I1 . The City will require all contractors perform- ing work on or adjacent to the Company ' s right of way to furnish to the Company a Railroad Protective Liability Insurance Policy and to carry regular Public Liability and Property Damage Insurance , both as specified in the Federal Aid Highway Program Manual and having limits of liability not less than the follow- ing ( See Next Page ) -7- ij C_- Railroad Protective - $2 , 000 , 000 Combined is b, , ty Insurance Single Limit Occurrence . - $6 , 000 , 000 Aggregate Limitation . General Liability Insurance : Personal Injury - $ 500 ,000/Person $1 , 000 , 000/ Occurrence Property Damage - $ 500 , 000 Occurrence - $ 1 , 000 ,000 Aggregate Workmen ' s Compensation Employee Injuries - Statutory Employer' s Liability - $ 100 , 000 Evidence of said insurance coverage shall be furnished to the Company for approval , and no work shall be performed nor shall the City ' s contractor be permitted to enter upon the Com- pany ' s right of way until insurance coverage has been approved by the Company . 12 . Before any work is started , a conference shall be held between the parties hereto for the purpose of coordinating the work to be per- formed. 13 . The Company shall keep an accurate and detail - ed account of the actual cost and expense as incurred by it or for its account in the per- formance of the work it herein agrees to perform. The Company , for performance of its work as outlined in Section 7 hereof , may bill the City monthly for the costs and expenses it has incurred . These progressive invoices may be rendered on the basis of an estimated percentage of work completed ; and the City shall process 100% of each invoice within 45 days after receipt of same . Payments not received by the Company within said 45 day period shall be subject to a 12% per annum late payment charge . The Company , upon completion of its work , shall render to the City a detailed statement of the actual cost and expense as incurred by or for its account . After the City has checked the pro- gressive invoices and the final statement and has agreed with the Company that the costs are reasonable and proper insofar as they are able to ascertain , the City shall promptly reim- burse the Company for the full amount as agreed upon . 14 . Flagging bills may be presented by the Company to the City ' s contractor on a monthly basis , and a final bill wi11 be presented after com- pletion of the project ; and the Company will recei-ve prompt payment from th-e Contractor. if 15 . Upon completion of the crossing and signals , the Company shall thereafter maintain , at City expense , the crossing surface and cantilever flashers gates and the City shall thereafter maintain , at its expense , all other highway facilities , including drainage , approaches and surfacing up to the ends of the track ties . 16 . The crossing shall not be opened for use until the crossing signals have been installed and the Minnesota Department of Transportation has granted approval for the opening of said crossing. 17 . In the event that delays or difficulties arise in acquiring rights of way or in settling dam- ages or damage claims , or for any other cause , which in. the opinion of the City render it impracticable to proceed with construction of the project , then , at any time before a construction contract is executed or actual _ � n construction commences pursuant to proper approval or authority , the City may serve for- mal notice of cancellation upon the Company ; and this Agreement shall thereupon become cancelled ; excepting , such cancellation shall take effect as to the parties only after the Company shall present a bill to the City for the actual expense it has previously incurred in connection with this project ; and after the City has reviewed such • bi11 , a mutual settle- ment between the parties shall have been promptly concluded , including settlement of all outstanding amounts due and owing by City to Company and return of all easement rights granted. 18. This Agreement shall be binding upon the parties their successors and assigns . IN WITNESS WHEREOF , the Parties hereto have caused this Agreement to be executed in duplicate counterparts , each of which shall be considered as an original by their duly authorized officers ,' as of the dates below indicated . Executed by the City , this day of 31 1985 CITY OF SHAKOPEE , MINNESOTA By : ATTEST : Executed by the Company , this day of 1985 CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY By ice respdent - ngineering ATTEST : - 12- Estimated cost to install new crossing at Shenandoah Drive M.P. 27.5 Shakopee, NLS] MATERIAL Rubber crossing 54 ft. 11340 Cross ties, HT MT 60 ea. 1245 Fabric - 160 Ballast - rock 1 car 345 Welds 12 ea. 495 OTM - 370 Communication - 600 Signs - 200 14755 LABOR Replace ties 6 m.d. 630 Weld rails 4 m.d. 420 Install rubber pads 10 m.d. 1050 Engineering 2 m.d. 270 Surface track 2 m.d. 210 ConTru.inication 1025 Install signs 2 m.d. 210 3815 OTHER Pole digger, line truck, expense-Comm. 780 ADDITIVES 780 Labor 47.23% x 3815 1800 Material 20% x 14755 2950 Equipment rental 1800 Equip. repairs & supplies 5% x 3815 190 Accounting & billing 375 Transportation of material 1% x 14755 150 Contingencies 10% x 26615 2660 9925 TOTAL ESTIMATED COST $29275 Office of ADM-E St. Paul, MIN 10-31-84 RAILROAD CROSSING SIGNAL PROJECT Install Cantilevers and Gates Shenandoah Drive Shakopee, MN Description of Material Unit qty. Cost Flashing Light Signal with Short Arm Gates Each 2 $10,500 Flashing Light Signals, Cantilever Type Each 2 9,600 Sidelights Set 2 1,200 Bell Each 1 200 Pipe 3" FT 200 600 Battery Storage, 240 AH Each 19 2,285 Box, Battery Each 2 650 Gate Cantilever Foundation Each 4 540 Bond Wires Each 200 270 Foundation for Bungalow Each 4 . 245 Track Connections Each 8 10 Cable UG 5 Condr. #14 FT 500 355 Cable UG 3 Condr. # 6 FT 150 170 Cable UG 5 Condr. # 6 FT 500 830 Cable UG 7 Condr. # 6 FT 500 1,035 Wire Hard Drawn Copper #6 FT 100 120 Wire # 9 Track, Twisted FT 500 170 Wire #10 Stranded FT 2,000 180 Wire #16 Stranded FT 1,000 30 Bungalow 61 x 6 Each 1 4,615 Relay Line 500 ohm Each 3 610 Relay 500 ohm Heavy Duty Each 2 730 Relay Flasher Each 2 890 Relay Power Transfer 4 Point Each 2 875 Relay Slow Release 250 ohm Each 1 340 Rectifier for 8 Cells Two Rate Each 2 640 Transformer Lighting Each 2 260 Motion Sensor System - Predictor Each 1 12,500 Power Connection Lot 1 300 r Fill Material & Crushed Rock Lot 1 500 Acc'y Material : Tags, Tape, Terminals, Resistors, Paint, Arresters, Locks, etc. Lot 1 1,250 TOTAL MATERIAL $52,500 Disposition of Material Released to be Determined at Meeting on the Ground Existing Signals to be Scrapped EXHIBIT "A" RAILROAD CROSSING SIGNAL PROJECT Install Cantilevers and Gates Shenandoah Drive Shakopee, MN Carried Forward $52,500 LABOR Preliminary Engineering Engineering Plans $ 300 Engineering Inspection 1,500 300 Installing Signals Signal Crew, 110 m/d @ $125 Acctg. & Billing, 3 m/d @ $125 13,750 Wire case, 10 m/d @ $125 375 Install Meter Connection, 3 m/d @ $115 1,250 345 $17,820 ADDITIVES Labor, Vacation, Holidays, Health and Welfare, RR&UC Tax, 47.231, of $17,820 Engineer's Expense, 3 days @ $50 8,416 Signalmen's Expense, 120 days @ $40 150 4 Electrician's Expense, 3 days @ $ 40 ,800 120 Truck & Equip. Rental , 25 days @ $83 5 ,070 Store Expense, 5% of $ 52,500 2,075 Transportation of Material from Stores 1�/TM 2'625 Foreign Line Freight on Material 700 $ 20 $ 3,345 $ 36,726 Total Cost Labor and Material $ 89,226 Contingencies, 5% 4,461 TOTAL ESTIMATED COST $ 93,687 Office of Asst. Chief Engineer-Signals Chicago & North Western Transportation Co. Chicago, Illinois - 12/14/84 PR/le EXHIBIT "A„ MEMO TO: Mayor and City Council FROM: John K. Anderson , City Administrator RE: Taxes Payable 1985 (Informational Item) DATE: January 22 , 1985 Introduction The City will again be faced with bad news regarding taxes payable in 1985 . I have talked with Tom Lannon , Scott County Auditor' s Office , to get the following figures which explain fairly well - ',aat happended . City Council had little or no control over what happened . 1985 Tax Table Adjusted Assessed Value Levy Mill Rate Scott Co. $266 ,752 ,768 $101259, 000 34 .865 S.D. 4720 801486 ,559( 1 ) 5 , 835 ,000 67 . 193 City 73 ,970 ,072( 1 ) 1 ,407 ,043 ( 2) 18 . 190 ( Rural 10.681 ) Metro 1 .347 Transit 2.298 Watershed 642 Total 124.535 1984 Tax Table Adjusted Assessed Value Levy Mill Rate Scott Co . $262 ,932 ,906 $ 9 ,524 ,000 33 .004 S.D . #720 822869 , 997( 1 ) 5 ,014 ,000 55 .630 City 77 ,357 ,879( 1 ) 1 ,407 ,045( 2) 17 .465 ( Rural 10.471) Metro 1 .039 Transit 2 .899 Watershed .269 Total 110 .306 19V Tax Table Adjusted Assessed Value Levy Mill Rate Scott Co . $239 , 891 ,780 $ 9 ,524 , 000 36 .736 S.D . #720 71 ,334 . 913 4 ,728 , 000 62 . 390 City 63 ,346 ,857 1 ,268 , 043 18 .770 ( Rural 11 .69) Metro .805 Transit 3 .329 Watershed .420 Notes : ( 1 ) Both the total S.D . #720 and City adjusted assessed value dropped from 1983 to 1984 because of the $3 mill and shift in Fiscal Disparities contribution from Kmart which had been doubled in 1984 to correct for an error in 1983 . ( 2) The City ' s levy remained the same in 1984 and 1985, so the increase in our total City mill levy of .725 ( 18 . 190-17 .465) canbeattributedtotheKmartF.D. shift that lowered our Adjusted Assessed Value by $2 ,383 ,438 ( $82 ,869 ,997 - $80 ,486 ,559) . Summary When the City receives copies of League comparisons and/or Citizen League comparisons I ' ll present those to Council as well . The School District EARC formula adjustment alone caused a 4 or 5 mill increase in the School ' s portion of the total according to Dr . Mayer . The School District gained about $330 , 000 in new revenue in 1985 because of increase levies , while the EARC required an additional levy of $491 , 000 thus accounting for the full $821 ,000 increase over their 1984 levy. An informational report Dr. Mayer prepared for the School Board is attached . JKA/jms VALUATION ADJUSTED ASSESSED TOTAL ASSESSED SALES RATIO VALUE VALUE 1983 $120,899,904 $89,345,029 73.9 1982 102,038,057 76,630,381 75.1 1981 104 ,376,228 75,568,309 72.4 1980 109,714,21.3 75,0.44,522 68.4 1979 77,085,145 56,307,112 73.1 * Unlimited market value- limited market value = $91 ,731,323 Increase of adjusted value from 1982 to 1983 = $18,861 ,847 or 18.5% Adjusted assessed value growth limit = 19% Increase of assessed value from 1982 to 1983 = $12,714,648 or 16.6% RATIO BETWEEN STATE AID AND 1,0rAL LEVY LOCAL LEVY STATE AID 1985-86 65.06% 34 .94% <_.. 1984-85 58.41 41 .59 1983-84 53.27 46.73 .1982-83 54.15 45.85 BUDGET INFORNI'ATION GF.NFRAL FUND 1981- 82 5,381 ,432 5,664,189 1982-83 5,413,946 5,620,081 !0.70> *1983-84 6,558,000 21 .15 6,287 ,964 11 .9 r 1984-85 6,8'28,937 4.1 6,756,';;0 1F.6; j 1985-86 * First year of f.erenduil TOTAL 1981-82 7,257,948 7,41.,658 1982-83 7,401 ,466 2.0o 7,425,432 1983-84 8,095,751 9.4% 8,115,715 9.3`a 1984-85 8,301 ,369 2.5% 8,498,155 4.70 1985-86 Vaivati on Page 2 MILL RATES Payable 1980 52.850 1981 38.646 1982 54.380 1983 62.390 1984 55.630 PROJECTED REVENUE INCREASE FOR 1985-86 $388,971 or 5.70 1984 PAYABLE 1985 LEVY Increase = $820,733 or 16.4 *Nearly i of increase for basic levy of 23.5 mills. *Levies where board had some discretion and are new levies: Summer School Increase = 9,000 Secondary Tranportation 44,500 Early Childhood 20,000 BUDGET REPLACEMENTS 1984-85 REDUCED ADDED 2/5 Industrial Arts teacher 4 SLD teacher i Media position 10 Counselors 1 Assistant Principal A Custodians 7 TIES Coordinator 215 High Potential Coordinator 1 German teacher I Technology Director INFORMATION FOR THi FINANCE ADV1SO1t1' rosy TTEE OCTOBER 2, 1984 `J LEVY 1984 PAYABLE 1985 The amount that can be levied is limited by 1 print-out from the Department of Education entitled Levy LWmitationv and Certification which provides us with the absolute dollar figure we can levy under existing law for various categories. We are recommending that the maximum allowed be levied except for summer school, early childhood education, capital outlay and debt service. The levies for capital outlay and debt service have been reduced by a total of six mills tc honor our commitment to voters when the tax referendum was proposed and passel in 1982. Total dollar reduction for the above items amount to an approximate figure of $552,6y9. It needs to be understood that when a levy is equalized (when the state matches, in some proportion, the amount of dollars levied) a reduced levy results in reduced state income. Below is the recommended levy for 1984 Payable 1985. This levy will be used to operate the school district during the 1985-86 school year. LEVY Levy 1984 Levy 1983" Pavable 1985 Payable 198! ncrea e General: Basic C-D Tier X2,841,148 $2,448,914 302,065 21(1,113 Tier 2 261 ,422 Tier 3 242,45"/ 2.32,375 119,3I1 Tier 4 47,978 Summer School 9_311 9,000 _ Excess Summer School --- Referendum --- -- 1,027,46 8 Co-op Levy SO ODU 88(,251 Liability Insurance } �,OOU 17,000 17,504 Unemployment Insurance _ Abatement Adjustment 14 9 -- 45,384,384 (1=7,.118) �I5,38�1 $4,778,539 $4 ,044,934 $ 733,605 Transportation: Basic Trans porta�i„n a 211 Non Regula.~ ' ,575 $ 178,567 25 Contract Levy Limi? ,819 20,564 �0,6UU 2:�,728 Hazardous 15,:;00 Secondary Levy44 ,500 -5,000 Adjustments � -'--- 3,_78 (7,692.81) 33-1 ,2021 $ 232,166 99,036 - i _ Levy 1984 Levy 1983 Payable 1985 Payable 198' Increase Community Services: Basic $ 72,597 $ 69,140 Early Childhood 20,000 Adjustments 109 4,817 $ 92,706 $ 73,957 $ 18,749 Capital Outlay: Basic $ 276,647 $ 307,937 Special Purpose 72,802 Hazardous Substance 72,802 Adjustments 360 6,104 Minus two Mills (165,728) (147,260) $ 256,883 243,790 $ 13,093 Debt: Basic $ 706,819 S 728,945 Minus four Mills (331 ,456) (309,832) $ 375,363 $ 419,113 $ (43,750) Total Levy $5,834,693 45,013,960 $ 820,733 /?. Lf EARC VALUE VEI:SUS LOCAL ASSESSED VALUE Once again we are caught in a squeeze because of substantial increase in our FARC value and w':at will probably be a very small increase in assessed value. A great portion of our levy must be levied against the EARC value, and those dollars are translated into mills based upon our assessed value. For example: We must levy 23.5 mills against the EARC (adjusted assessed) value for the basic foundation aid. Twenty three and five tenths mills would raise $2,841 ,I48. However, when that amount is applied to our local assessed value , it will take 28.4 mills to raise the same amount. If we could assume that our EARC value would remain the same, as we expect ourlocal assessed value to do, then the 21 only 3.5 mills would raise y $2,397,893, and it would take only 211.0 mills against our local assessed value to raise .h::t same amount. A second result of he increase: in EARC versus no increase in local assessed .value, is that a large proportion of the support for our schools conies from local taxes and a snail proportion comes from the state. • We have investigated the possibility that the LARC is an artificially inflated figure. However, that does not seem to be the case. The increase _ in the adjusted assessed value (FARC) for 1933 is $18,861 ,847 or an 18.5°. `•-- increase. However our 1984 ",sscssed value (local) increased by $12,714,648 or 16.6%. These are the two figures that must be compared. It might also be useful to compare the two valuations over a period oi" years. ADJUSTED ASSESSED TOTAL ASSESSED SALES RATIO VALUE VALUE 1983 $120,899,904 $89,345,029 73.9 1982 102,038,057 76,630,381 71 . 1 1981 104,376,228 75,568,389 72.4 - 1080 109,714,213 75,044,522 68.4 i979 77,085,145 56,307 ,112 73.1 * Unlimited market value -limited market value = $91 ,7:1,323 The sales ratio is the ratio of the total assessed or taxable value to the adjusted assessed or FARC value. The pattern seems fairly stable, so it might be fair to conclude that if the assessed value is not inflated then the adjusted assessed value is not necessarily inflated. Because of the disparity in the increase in the FARC (adjusted assessed value) and the assessed value (local) the increase in mills will be inflated. The adoption of this levy will result in an increase in the mill rate of approximately 10 mills. This is substantial . However, it must be remembered that for taxes payable in 1984 we experienced a slight decrease in the EARC value and a substantial increase in the local assessed value. This resulted in a decrease in the mill rate for taxes 'payable 1984 by 6.76 mills under the mill rate for taxes payable 1983. In effect we will experience a 3.24 mill increase over the two year period. Probably not 'saleable, but a tact. As stated previously we continue to experience a greater reliance on the property tat. the ratio of local taxes to state aids for 1982-83 was 45.85% state aids to 54.15% local taxes. In 9985-86 that will change to 34.94% state aids to 65.06% local taxes. The shift from state to local support of schools is evident when one compares the increase in our local levy to the increase we will experience in revenue. Our local levy will increase by $820,733 or 16.37% for 1984 payable 1.85 . At the same time our revenue will increase by only $388,971 or 5.700. 'Phis too will be difficult to explain to tax pavers and they generally assizme that income for the school district is equal to the levy increase. If the assumptions in our projectiois are :azo our income. will actually decrease in 1936-87. This is true even if we could pass a 6 mill referendum. V,ithout a referendum the deer,-ase in income would be substantiafeik. ($557 .:18) - 3 - CITY OF SHAKOPEE INCORPORATED 1870 iF 129 E. f=irst Ave. - Shakopee, Minnesota 55379-1376 (612) 445-3650 F� January 25 , 1985 `l� e Honorable City Council City of Shakopee Shakopee, Minnesota 55379 Mayor Eldon Reinke has notified me , John K. Anderson, City Administrator of Shakopee, that a Special Meeting of the City Council will be held at 7 :00 P.M. on Wednesday, January 30, 1985 , in the Council Chambers of the City Hall for the purpose of meeting with representatives from the Minnesota Department of Transportation to discuss the proposed Highway 169/101 interchange improvements and bridge alignment, and for any other business which may come before the Council . If you are unable to attend at this time , please let me know. Sincerely, Zrohn K. nderson y Administrator JKA/;j sc c-c: KSMM Shakopee Valley News Shakopee Cable TV PS Members of the Down Town Committee have been invited. , Bill Crawford from Mn.DOT will be in attendance and was advised that Gregg Feldt should also be available . MEMO TO: Mayor and City Council FROM: John K. Anderson , City Administrator RE: January 30 , 1985 Meeting with Mn/DOT Representatives Regarding the City ' s Highway 169 and Highway 101 Interchange Improvements for Downtown Redevelopment DATE: January 28 , 1985 Introduction Council asked staff to set up a meeting with Mn/DOT regarding the above mentioned project so that there can be a discussion between City Council Members and representatives from Mn/DOT. The purpose of the meeting on Wednesday night is to discuss the goals of Mn/DOT and the City of Shakopee, and then to determine if the two agencies can move forward together in seeking a solution to the improvement of the intersection of Highway 169 and Highway 101 . Background On December 11 , 1984 Council approved a draft letter from H. R. Spurrier to Mr. Bill Crawford , District Highway Engineer, tin/DOT proposing that Mn/DOT and the City of Shakopee jointly finance the improvements to the intersection of Highway 169 and Highway 101 and the design engineering of the Highway 101 By-Pass south of Shakopee . Mn/DOT has responded in writing indicating that they would participate in such a proposal ( letter attached) . The purpose of Wednesday night ' s meeting , as I understand it , is to make sure that both parties understand where we are , how we got here , what the next step ( s ) ought to be , and whether we are prepared to take that next step(s) . Suggested Questions to Facilitate Wedn sday ' s M etina I have discussed the purpose of the meeting with Mn/DOT officials and we have decided that a discussion of the following questions would assist both parties in their discussions Wednesday night. 1 . What is tin/DOT' s priority for the present Highway 169 bridge? 2 . Why are we looking at the replacement of the Highway 169 bridge differently now? 3 . Does the formal priority that Mn/DOT places on a project like the bridge replacement dictate Mn/DOT staff time that will be spent on the project? 4 . What Mn/DOT funding source will be used and what is Mn/DOT expecting from the City in return? 5 . What will be the role played by Mn/DOT in the process the City and Mn/DOT plan to undertake? 6 . Will Mn/DOT truly negotiate the final bridge alignment with Shakopee , or will Mn/DOT simply decide upon that location best serving Highway Department needs? 7 . How can the City speed up the process? 8. Could the City find itself having spent large sums of money on engineering or other preliminary work for the project only to find that Mn/DOT no longer has money for construction of the bridge? 9 . What do Mn/DOT and the City of Shakopee each need to do to keep the process moving forward? Summary The purpose of the nine questions above is to ensure that we cover as many concerns of Council as possible . If there are ether questions that Councilmembers feel need to be asked , Wednesday night will be our best opportunity so please feel free to add any questions to the list. JKA/jms r