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HomeMy WebLinkAbout04/01/1986 TENTATIVE AGENDA _ HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE Shakopee, Minnesota Regular Session April 1, 1986 Chairman Wampach presiding 1. Roll call at 7 : 00 p.m. 2 . Approval of Minutes of February 4, 1986 3 . Promissory Notes - Fourth and Minnesota Neighborhood Revitalization Project 4. Other Business 5. Adjourn to April 15, 1986 Jeanne Andre Executive Director PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY REGULAR SESSTION SHAKOPEE, MINNESOTA FEBRUARY 4, 1986 Chrm. Wampach called the meeting to order at 7:03 p.m. with Cncl. Vierling, Colligan and Leroux present. Cncl. Lebens was absent. Also present were John K. Anderson, City Admr. ; Judith S. Cox, City Clerk, Ken Ashfeld, City Engineer; and Julius A. Coller, II, City Attorney. Laroux/Vierling moved to approve the minutes of January 7, 1986. Motion carried unanimously. Colligan/Vierling moved to authorize appropriate HRA officials to execute and deliver Satisfaction of Mortgage to Scott T. and Judith R. Gratz for the property located on Lot 9, Block 2, Macey Second Addition. Motion carried unanimously. Colligan/Vierling moved to adjourn. Meeting adjourned at 7:10 p.m. Carol Schultz Recording Secretary MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Non-Agenda Informational Items DATE: March 26 , 1986 1 . Attached is the monthly calendar for the month of April. 2 . Attached is a thank you letter from Super 8 Builders , Inc. to LeRoy Houser. 3 . Attached is a summary of State legislative action and a Federal tax reform update. This is the clearest summary of legislative action I have received since the 186 Legislative Session closed. Note, many of the items discussed affect projects that Shakopee has an interest in. On page 3 there is a federal tax reform update. This update seems to indicate that tax increment projects would still fall under H.R. 3838 . However, Bob Pulscher from Springsted contacted me on March 26th to indicate that their firm has interpreted the joint statement regarding the postponement of the affected date of H.R. 3838 from January 1 to September 1 , 1986 to mean that between now and September 1 the City can do any tax increment project it could have done before December 31 of 1985 . Specifically, Bob has said that it is their under- standing that the new definition of non-essential purpose bonds has also been postponed until September 1 , 1986 . Jim O'Meara who handles Shakopee ' s account at O' Conner Hannan also agrees with Bob' s interpretation. 4 . Attached are the agendas of the April 3 , 1986 meetings of the Board of Adjustment and Appeals and Planning Commission. 5 . Attached are the minutes of the March 6 , 1986 meetings of the Board of Adjustment and Appeals and the Planning Commission. 6 . The City is in good company when it has to take over the local public access programing. See attached article from the Minneapolis Star and Tribune dated March 27 , 1986 . JKA/jms { Ln N ! H H N { r k .J 0 Ul ' Q F-f w O —i 4J N U] O F= La O � .oma >1 �14 �)4 • C •r-1 O1 U) E, o Q) ra r-� O •• $= �4 .. w v w E-4 c� N M 0 m a � H �i A4 a rl co Ln N m rI N N O cy (A Q r-♦ —4 U) r1 rn Ha •ra (1) $04 a U U I U E-4 � ::; CD 41 �:lO •ri O •• O O •• r1 O •• 0 '-i N N Q a aM U 4-) C14 C4 C:� f.2. U O U r-Ir-� O O No A � (d O -P .. O .. .H •• U r- U) U) W �D 'T U I— Ga co �O M O (� r-i N N Q G7 SUPER 8 BUILDERS, INC. A SUBSIDIARY OF SUPER 8 MOTELS, INC. Sk March 21, 1986 MAR e CITY OF SHAKO E Mr . Leroy Hauser Building Official City of Shakopee Shakopee, MN 55379 Dear Leroy: Just a short note to express our thanks and appreciation as contractors , and mine personally, for all the help and effort you expended in the Super 8 Motel project at Shakopee, MN. We would not be as far along as we are if it were not for your willingness to be of service and to go that extra mile. Once again, we thank you very much. Sincerely, SUPER 8 BUILDERS, INC . Rod Eisenbeisz Project Manager Shakopee RE: 11 P. O. BOX 4090 • ABERDEEN, SOUTH DAKOTA 57401 • (605)225-2272 • TELEX 295029 Publ * ic • Legislation • Public Finance • Securities • Litigation • Municipal Law Holmes&Graven,Chartered Volume I, No. 7 March 21, 1986 SUMMARY OF STATE LEGISLATIVE ACTION. . . . . . . . . . . . 1 FEDERAL TAX REFORM UPDATE . . . . . . . . . . . . . . . 3 SUMMARY OF STATE LEGISLATIVE ACTION Although the Legislature has not yet resolved the State's budget shortfall, it has completed action in several areas. The following is a selected summary of legislative action: Tax Increment Financing The House proposal on Tax Increment Financing (TIF) did not survive the Conference Committee negotiations. (S.F. 1847 Pogemiller; H.F. 2287 Schreiber.) The House had proposed significant TIF reform and the Senate had no TIF proposal. Senate and House Conferees did agree to a provision that would require an adjustment to a school district's school aids if excess tax increments are returned to a school district. Bond Allocation The Senate and House resolved the minor differences in their bonding allocation proposals and the legislation was included in the Conference Committee Report on H.F. 2287. The bill was finally enacted on Tuesday, March 18. Interest Reduction Program The Conference Committee on H.F. 2287 agreed to extend the interest reduction program for two years with the additional restriction that tax increments cannot be used to fund an interest reduction program for owner-occupied, single-family housing. Enterprise Zone The Conference Committee on H.F. 2287 agreed to an additional allocation of $600,000 for enterprise zone credits. County HRA Powers The Conference Commitee on H.F. 2287 agreed to a provision that allows County Housing and Redevlopment authorities (HRAs) to exercise the powers of Chapter 462C on their own behalf, or on behalf of cities in the county if the HRA was created by special law. 470 Pillsbury Center 7900 Xerxes Avenue South Minneapolis, MN 55402 Bloomington, MN 55431 612/338-1177 612/893-9400 Bloomington Mega Mall The Bloomington Mega :Mall bill was enacted on Saturday, March 15 and is awaiting the Governor's signature. The bill authorizes the use of the following financing incentives for a development project on the former Metropolitan Stadium site: o a 1% sales tax on gross receipts from retail sales made within the project area; o a 5% lodging tax on motels and hotels located within the City of Bloomington; o a 5% liquor tax or liquor sold at licensed on-sale liquor establishments located within the City of Bloomington; and o a loan arrangement which, in effect, permits Bloomington to borrow funds from the Metropolitan area fiscal disparities program until the year 2000. Minneapolis Convention Center H.F. 1775 (Greenfield), a bill authorizing the City of Minneapolis to construct, operate, and promote a convention center was enacted on Saturday, March 15. St. Cloud Convention Center H.F. 2126 (Gruenes), the St. Cloud convention center bill, was enacted. The law enables the City of St. Cloud to impose a 1% sales tax on liquor and lodging for construction, operation and promotion of a convention center facility. Fiscal Disparities Representative Schreiber introduced a bill containing several modifications of the Metropolitan area fiscal disparities program. The bill did not pass out of committee, however, because its complexity merited more time and discussion than was available in the short 1986 session. Recreational and Municipal Tort Reform The Senate and House Conference Committee on insurance and tort reform legislation (H.F. 1920: Halberg; S. Olson; S.F. 1539: Luther) agreed to several provisions on municipal tort liability including the following- 0 Granting limited tort immunity to municipalities for the operation of parks, recreation areas, and for the provision of recreational services. o Limiting the liability of the state and municipalities under the doctrine of joint and several liability. If a public body is less than 35% at fault, it will be jointly and severally liable for no more than twice the amount of its fault. o Extending the immunity for snow and ice conditions to public sidewalks that do not adjoin a publicly-owned building or parking lot. o Granting immunity from claims based upon the failure of others to meet the standards necessary for licenses or permits issued by local governments. 2 The intent of the Joint Statement is to clear up the uncertainty in the municipal bond market for "typical public purpose general obligation bonds." Whether the Joint Statement will have this effect depends on the confidence of prospective purchasers of municipal bonds in the Joint Statement's ability to accurately reflect the contents of any final tax reform bill. Impact of H.R. 3838 On Traditional Local Government Financing The tax reform bill adopted by the United States House of Representatives on December 17, 1985 (H.R. 3838) would have a dramatic impact on traditional general obligation bond issues as well as less traditional bond issues such as industrial development bonds, housing bonds, and tax increment bonds. Although the debate and discussion on H.R. 3838 has focused on the '.ess traditional" bonds, H.R. 3838 imposes four major limitations that also apply to tax-exempt general obligation bonds issued to finance traditional governmental functions. These limitations are as follows: o H.R. 3838 would require that many traditional purpose bonds obtain an allocation of issuing authority in order to retain the Federal tax exemption. If 10% or more of the proceeds of a bond issue are used by a trade or business, the bond is termed a "nonessential function bond" and must obtain an allocation of issuing authority. In addition, if the trade or business portion (that portion under 10%) exceeds $1,000,000, that portion must obtain allocation of issuing authority even though the bond issue is not a "nonessential function bond." o H.R. 3838 imposes arbitrage restrictions on traditional purpose bonds which are similar to restrictions which, prior to 1986, were imposed only on industrial development bonds. The restrictions require that all "positive arbitrage" (i.e. earnings on the investment of the proceeds of the bonds in excess of the interest rate on the bonds) be rebated to the Federal government as a condition to retaining the tax exemption for the bonds. o Under H.R. 3838, a traditional purpose bond will lose its tax exemption unless at least five percent of the "net proceeds" of a bond issue are expended within 30 days from the date of issuance of the bonds and all of the "net proceeds" of the bonds are spent within three years from the date of issuance of the bonds. The term "net proceeds" means the proceeds of the bonds less costs of issuance and less amounts deposited in a reserve fund. The expenditure tests were adopted to prevent tax-exempt bonds from being issued earlier than necessary. o Under H.R. 3838, the tax-exemption for a bond issue can be lost due to a failure to continue compliance with its new provisions. Prior to H.R. 3838, issuers and bond owners could assume that a traditional purpose bond would remain tax-exempt for its term if it was tax-exempt on the date of issue. Under H.R. 3838, this is no longer true. The effect of this potential for loss of the tax-exemption has been to increase the rates on traditional purpose bonds over the rates on comparable bonds issued prior to 1986. Copyright, Holmes & Graven, Chartered 1986. The Public Issues Update is a periodic service provided to clients and friends of Holmes & Graven. It is intended to highlight important legal and policy developments. The Public Issues Update is not comprehensive and should not be relied on as substitute for the services that are tailore4 to the particular needs of our clients. o Providing immunity for claims based on the treatment of persons in municipal hospitals or correction facilities. o Granting immunity for damages caused by patients or inmates of municipal institutions. o Prohibiting municipalities from indemnifying employees for punitive damages awarded against those employees. o Providing that municipalities are employees of the state and as such may be indemnified by the state for state-mandated inspections, except in cases where the municipality is clearly negligent. o Granting immunity for claims based upon the denial of public assistance or welfare unless compensation is required by federal law. Metropolitan Governance H.F. 1860 (Forsythe, Diessner), a bill which modifies the structure of the Metropolitan Council and its member agencies, was enacted on Tuesday, March 18. The law provides for creation of a nominating committee to recommend names of candidates for appointment to the Council, with public hearings and consultations with local governments. The bill also provides a similar procedure for appointments to the other Metropolitan Agencies (Regional Transit Board, Metropolitan Waste Control Commission, for example) and sets Council long- range plan requirements for those agencies. Economic Development Authorities An enabling bill was passed which authorizes cities to create economic development authorities and to exercise economic development and housing and redevelopment powers. Generally, an economic development authority will have all the powers of a port authority as well as most other development powers now available by statute. FEDERAL TAA REFORM UPDATE Announcement On H.R. 3838 Effective Date On Friday, March 14, 1986, a Joint Statement concerning the effective dates for certain tax-exempt bond provisions of H.R. 3838 was released by House Ways & Means Committee Chair Dan Rostenkowski; Senate Finance Committee Chair, Bob Packwood; Treasury Secretary, James A. Baker; the ranking minority member of House Ways & Means Committee, John J. Duncan, and by the ranking minority member of the Senante Finance Committee, Russell Long. The Joint Statement endorses a postponement of the effective dates in any tax reform act to the earlier of September 1, 1986, or the date of enactment of a tax reform act. However, the proposed postponement would apply only to "typical" general obligation bonds. All "nongovernmental" bonds (such as industrial development bonds, tax increment bonds, mortgage subsidy bonds, student loan bonds, etc.) would still be subject to the January 1, 1986 effective date in H.R.3838. In addition, some special assessment bonds may continue to be subject to the retroactive effective date. 3 TENTATIVE AGENDA BOARD OF ADJUSTMENT AND APPEALS Regular Session Shakopee, Minnesota April 3 , 1986 Chairman Czaja Presiding: 1. Roll Call at 7 : 30 p.m. 2 . Approval of Agenda 3 . Approval of March 6 , 1986 Minutes 4 . Other Business 5 . Adjournment Judi Simac City Planner CITY OF SHAKOPEE TENTATIVE AGENDA PLANNING COMMISSION Regular Session Shakopee, Minnesota April 3 , 1986 Chairman Czaja Presiding: 1. Roll Call at 7 : 30 p.m. 2 . Approval of Agenda 3 . Approval of March 6 , 1986 Minutes 4 . 7 : 45 P.M. PUBLIC HEARING: To consider an amendment to the Planned Unit Development of Shakopee Valley Square 1st Addition, a replat of Halo 2nd Addition and a 28 ac. parcel lying North. Applicant: Wally Bakken Action: Recommendation to City Council 5 . 8 : 00 P.M. PUBLIC HEARING: To consider a Conditional Use Permit to conduct a home occupation which consists of metal fabrication and engine repair within an existing accessory building upon the property located at 3693 Marschall Road. Applicant: Roger Bauer Action: Conditional Use Permit Resolution No. 447 6 . 8 : 15 P.M. PUBLIC HEARING: To consider a Conditional Use Permit for an underground diesel tank and outdoor storage upon the property located South of 13th Avenue and West of CR 89 . Applicant: Edgewood Construction Action: Conditional Use Permit Resolution No. 448 7 . 8: 30 P.M. PUBLIC HEARING: To consider a Conditional Use Permit to allow bulk storage in underground petroleum storage tanks for agricultural accessory use upon the property located at 3374 S. Marschall Road. Applicant: Robert Novotny Action: Conditional Use Permit Resolution No. 449 8 . Discussion: Racetrack District band Use Study 9 . Discussion: Capital Improvement Program Action: Recommendation to City Council 10 . Informational: a. Letter from Green, Merrigan, Johnson & Quayle, P.A. b. 11. Adjournment Judi Simac City Planner CITY OF SHAKOPEE PROCEEDINGS TO THE BOARD OF ADJUSTMENTS AND APPEALS REGULAR SESSION SHAKOPEE, MINNESOTA MARCH 6 , 1986 Chairman Czaja called the meeting to order at 7 : 35 p.m. with Commissioners Lane, Pomerenke, VanMaldeghem and Schmitt present. Commissioner Rockne arrived at 7 : 50 p.m. Also present were Judi Simac, City Planner and John Anderson, City Administrator. Schmitt/VanMaldeghem moved to approve the agenda as printed. Motion carried unanimously. Lane/Pomerenke moved to approve the minutes of February 13 , 1986 . Motion carried unanimously with Jane VanMaldeghem abstaining due to absence. PUBLIC HEARING - VARIANCE RESOLUTION #445 REQUEST BY SUPERAMERICA INC. Schmitt/Pomerenke moved to open public hearing to consider an application for a variance to increase allowable signage on canopy for new convenience store at 1155 East 1st Ave. Shakopee. The City Planner gave a review of the proposed variance by Super America for their newly renovated store. Super America is requesting signage of a total of 1, 094. 25 sq. feet. According to the sign regulations they are allowed 393 sq. ft. Bud Kaupp, the applicant of 1240 W. 98th St. , Bloomington, MN. in- troduced Mike Holt, Architect Engineer and Designer for Super America also of 1240 W. 98th St. , Bloomington, MN. Mike Holt showed some exhibits on canopy panels from other Super America Stores . He stated that by putting light on canopy corners would eliminate any trucks exceeding the height limit hitting the tops and also by talking to the Minneapolis Police Department he said the more lighting there is the less chance of crimes being commited. He stated there would be no problem in lowering the height of the pylon sign down to 20 ft. but that he definately wants to illuminate the corners of the canopy. VanMaldeghem/Lane moved to close the public hearing. Motion carried unanimously. Land/Schmitt moved to deny Variance Resolution No. 445 for the reasons that no hardship has been demonstrated and that to grant such variance would violate the intent and spirit of the sign ordinance. Motion carried with Comm. Rockne abstaining. Comm. Schmitt stated that the intent of the sign ordinance is that the light source be facing downward. Once you put light behind those panels you start creating something that was not the intent of the sign ordinance. BOARD OF ADJUSTMENTS AND APPEALS MARCH 6 , 1986 Page -2- PUBLIC HEARING - H.D. BOHLEN, INC. REAR YARD SETBACK VARIANCE #446 Rockne/VanMaldeghem moved to open the public hearing. Motion carried unanimously. The City Planner explained that the applicant is requesting a 60-ft. rear yard setback variance in order to construct a 26,256 square foot strip shopping center. Discussion ensued on the parking problems that may be incurred and if there will be any consideration for putting in a deceleration lane off of 17 . Comm. Lane asked if this shopping center would be lining up with Suite Quarters . The City Planner replied that Suite Quarters will be meeting the 50 ft. setback requirement because most of their parking is going to be in the rear. Harold Bohlen, 13380 Hickory, Prior Lake addressed the Commission on the item of parking. He stated that in order to service the shopping center the delivery trucks will go to the rear of the building. If the 60 ft. were taken out and reduced to just a single entrance the trucks and the parking would be mingling together. VanMaldeghem/Pomerenke moved to close public hearing. Motion carried unanimously. Pomerenke/VanMaldeghem moved to approve Variance Resolution No. 446 and move for its adoption subject to the following condition: 1. The hold harmless agreement shall be recorded prior to issuance of a building permit. Motion carried with Comm. Lane and Schmitt opposed. Schmitt/VanMaldeghem moved that Planning Commission go on record as recommending to City Council that the City petition for a 30 mph speed limit on CR 17 from 1st Ave. to 10th Ave. and such speed limit be enforced. Motion carried unanimously. Comm. Schmitt also asked the members of the Planning Commission to remember that when you are dealing with a variance the applicant has to show cause as to why such should be granted and that a hardship exists and that it is up to the applicant to prove his case. There was no other business. VanMaldeghem/Schmitt moved to adjourn meeting at 8: 40 p.m. Motion carried unanimously. Judi Simac Carol Schultz City Planner Recording Secretary PROCEEDINGS OF THE PLANNING COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA MARCH 6 , 1986 Chairman Czaja called the meeting to order at 8 : 40 p.m. with Commissioners Lane, Pomerenke , Schmitt, VanMaldeghem and Rockne present. Also present were Judi Simac , City Planner and John Anderson, City Administrator. VanMaldeghem/Pomerenke moved to approve the agenda with the addition of item 10c in regard to the auto storage and also some discussion in regard to spot zoning. Motion carried unani- mously. Schmitt/Lane moved to approve the minutes of February 13 , 1986 with one correction in regard to Lee Stoltzman' s letter of resig- nation, it was stated in the minutes that Chairman Czaja had received his letter of resignation. He did not receive it although it is on file. Motion carried with VanMaldeghem abstaining due to absence. PUBLIC HEARING - CONDITIONAL USE PERMIT RESOLUTION AMENDMENT NO. 440 - CHERNE CONTRACTING CO. VanMaldeghem/Pomerenke moved to open public hearing. Motion carried unanimously. The City Planner gave a review of what the applicant is proposing and what the process involves. Dave Johnson addressed the Commission last month at their meeting requesting an amendment to Conditional Use Permit Resolution No. 440 to allow the assembly of fabricated metal products on his property located on Lot 1, Block 1, Superior Supply lst Addn. The Company has now decided not to construct the building for permanent fabrication, they are now requesting temporary accessory non-permanent use for fabricating. Dave Johnson, Cherne Contracting Co. , Eden Prairie, addressed the Commission and showed some pictures of what is involved with the fabricating. As far as the noise level there will be nothing more than a hiss sound to be heard. Comm. Lane asked what type of equipment they needed to move the pipe around to which Dave Johnson replied it would require a 2-ton crane, which they normally have in the yard. Schmitt/VanMaldeghem moved to close public hearing. Motion carried unanimously. Schmitt/Lane moved to approve an amendment to Conditional Use Permit Resolution No. 440 , which includes the temporary, accessory, non-permanent use of fabrication of metal products , subject to the conditions: SHAKOPEE PLANNING COMMISSION MARCH 6 , 1986 Page -2- 1. Equipment in the storage area shall not exceed the 45 foot height limitation of the I-1 District, without Planning Commission approval. 2 . The applicant shall submit a 8 1/2 x 11 inch building plan which indicates the electric and gas shutoff , prior to issuance of Certificate of Occupancy. 3 . A fire land must be constructed around the entire building in accordance with the Fire Code. 4. The Building Official must approve the type and location of the underground fuel tanks. 5 . Prior to issuance of a Building Permit, a landscape plan must be submitted for approval. The plan shall indicate: a) screening of outdoor refuse area b) one major deciduous tree planted every fifty feet along CR 89 . c) additional screening of fenced storage area northwest of the building. 6 . The Conditional Use Permit for exterior storage is limited to equipment and materials associated with normal business conducted by the applicant. 7. The temporary period shall be defined as a period not to exceed six months. Motion carried with VanMaldeghem abstaining. Schmitt/Lane moved to take a 10-minute recess. Motion carried unanimously. PUBLIC HEARING - CONSIDER APPLICATION FOR PRELIMINARY AND FINAL PLAT APPROVAL OF MAPLEWOOD TOWNHOMES ADDITION WHICH LIES EAST OF CR 17 AND NORTH OF 10TH AVENUE. Schmitt/VanMaldeghem moved to open public hearing. Motion carried unanimously. The City Planner gave a review of what the applicant is requesting and that the issues are the plat, location of the buildings, any easements and dedications, and provisions of the homeowners association covenants. The park dedication was paid when the buildings were constructed. SHAKOPEE PLANNING COMMISSION MARCH 6 , 1986 Page -3- Clete Link, 12831 Link Drive, Shakopee, addressed the Commission on why SPUC has a 35-ft. utility easement. There are some utility lines buried there he believes. There is one main water-sewer line coming in then off of that branch individually to each unit. Schmitt/Rockne moved to close the public hearing. Motion carried unanimously. Schmitt/Rochne moved to approve preliminary plat of Maplewood Townhouses lst Addition subject to the following conditions: 1. Title Opinion by the City Attorney. 2 . Name of the plat be revised to Maplewood Townhouses lst Addn. 3 . All dedicated easements and amendments as negotiated with SPUC be shown on the plat. 4 . Approval of the Homeowner ' s Association covenants by the City Attorney. Motion carried unanimously. Discussion followed on blanket utility easements. DISCUSSION - FINAL PLAT OF GARDENVILLA 1ST ADDITION - WEST OF CR 17 AND SOUTH OF SHAKOPEE EAST APARTMENTS Discussion ensued on Final Plat of GardenVilla lst Addition. The City Planner reviewed the background of GardenVilla lst Addition. The City Council did approve the preliminary plat of GardenVilla lst Addn. at their February 25 , meeting. Comm. Pomerenke asked if legal opinion could be sought in this matter of outlots. ' Schmitt/VanMaldeghem moved to recommend to the City Council final plat approval of GardenVilla lst Addition subject to the following conditions: 1. Approval of a Title Opinion by the City Attorney. 2 . Recording of the Declaration of Covenants , Conditions and Restrictions, the By-Laws and the Articles of Incorporation. 3 . Payment of $4 , 113 . 65 Park Dedication fee prior to filing of the plat. SHAKOPEE PLANNING COMMISSION MARCH 6 , 1986 Page -4- 4 . Recordable Agreement dedicating Outlots D, E, M and N as an open and common space. 5 . Separate Agreement accompanied by a Letter of Credit which guarantees the reconstructed driveway access onto CSAH 17 . Such agreement shall be received prior to final signature by the City. 6 . Outlots G, H, I , J, K and L be redesignated to be jointly recorded with Lots 1-6 as combined property units. 7. Outlots F, B, and A be combined into one Outlot A. Motion carried unanimously. DISCUSSION - CONDITIONAL USE PERMIT FOR BACKSTRETCH R.V. PARK AND CAMPGROUND -EAST OF CR 89 AND N OF 13TH AVENUE The City Planner gave a summary of the comments received on the Environmental Assessment Worksheet (EAW) on Conditional Use Permit for the Backstretch R.V. and Campground. Lane/VanMaldeghem motioned to accept the comments received from various agencies regarding the EAW for the Backstretch R.V. Park and Campground and direct staff to continue the monitoring of this project. Motion carried unanimously. Discussion ensued on the intensity of uses on CSAH 17 and 16. The majority of uses surrounding this area is R-4. The development occurring along 17 and 16 is categorized as Community Business in the zoning ordinance. Chairman Czaja recommended to table this item and see if there is something from the Racetrack study that might be able to guide us further, and at the same time to discuss the issue of dispersion in the race track study area. The City Planner, gave a review of the Land Use Plan surrounding CSAH 17 and the proposed By-Pass area. She explained that the ° Cit Council City approved a motion to prepare an Ordinance which will amend the zoning map by changing the zoning of the Ackerberg property, East of CR 17 and South of Ken Theis ' property, from B-1 to R-4. Discussion followed on the City Council' s reasons for rezoning. The Council also directed the Planning Commission to conduct a study of the zoning and land use in the area of CSAH 17 and the by-pass and provide a recommendation back to the City Council. i SHAKOPEE PLANNING COMMISSION MARCH 6, 1986 Page -5- Schmitt/Lane moved that the Planning Commission notify the City Council that they wish to enter into a discussion with them after the public hearing on March 20th for the purpose of discussing the rezoning on County Road 17 and its implications on other proposed rezonings. Motion carried unanimously. The City Administrator suggested that the motion be put in a letter with the Planning Commission Chairman' s signature to be attached to the Council agenda for the March 20th meeting. Discussion ensued on Conditional Use Permit Staff Review (Shenandoah Ballroom) on Prahm-Coll C.U.P. annual review. Prahm-Coll has requested that the annual review be discontinued. Consensus was to continue annual review. Schmitt/Pomerenke moved to acept the staff review of amended Conditional Use Permit No. CC-358, and move for its adoption. Motion carried unanimously. Schmitt/Pomerenke moved to have the staff place a note on file that prior to the next review of CC-358 that the staff check with the local police department to determine if any calls have been received on that property. Motion carried unanimously. The City Planner reminded the Planning Commission to keep March 20th open for the joint public hearing with the City Council on the land use plan, for the Racetrack Land Use Study. The City Planner gave a review of what Jerry Aman of the Minneapolis Northstar Auto Auction has submitted. He has submitted a site plan to use an extra 4 1/2 acres to the south to store cars on that property. In a B-1 zone there is no provision for open storage although there are open sales lots permitted with a conditional use permit. Pomerenke/Rockne moved to determine that car storage is a permitted use in the B-1 District as part of auto sales , services and repairs. Motion defeated with Schmitt, VanMaldeghem and Lane opposed. Schmitt/Lane moved that the staff be directed to identify with the applicant in planned usage of the proposed property. If that usage is storage, then it is not a permitted use. If it is to serve as a supply yard for the auto auction there would be need for a conditional use permit and the applicant be so advised. Motion carried with Pomerenke and Rockne opposed. SHAKOPEE PLANNING COMMISSION MARCH 6 , 1986 Page -6- There was no other business. VanMaldeghem/Rockne moved to adjourn at 11: 20 p.m. Motion carried unanimously. Judi Simac Carol Schultz City Planner Recording Secretary TENTATIVE AGENDA REGULAR SESSION SHAKOPEE , MINNESOTA APRIL 1 , 1986 Mayor Reinke presiding 1] Roll Call at 7 : 00 P.M. 2] Liaison Reports from Councilmembers 31 RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 41 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] Communications: ' a] Mn. Depart of Health re: proposed site for Well #7 b] Assn. of Metro Municipalities re : annual meeting information c] and legislative update 6] Public Hearings: None 7] Boards and Commissions: Cable Communications: a] Public Access Studio Staffing Plan b] Cable Franchise Amendment (bring item 4 from 3/20 agenda) Planning Commission: c] Appeal of Board of Adjustment & Appeals Decision Regarding SuperAmerica Sign Variance Request - tabled 3/25, bring item 7c 8] Reports from Staff: a] Appointments to Boards and Commissions - bring item 8e from 3/25 b] Shakopee Urban Service Area Negotiations with Met . Council f c] TH 101 Improvements at Raceway Park *d] Horizon Heights Street Lighting e] Renovation of Merchants Hotel f] Proposed Scott County Ord. No. 9, Regulating Surface Water Use g] TIF vs Taxes Comparison (bring earlier memos) - tabled 3/25 h] Shakopee Valley Square Tax Increment - tabled 3/25, bring 8g i] Ernst & Whinney Costing and Staffing Study - bring study j ] City Administrator' s Staffing Recommendation k] Community Development Director Vacancy 11 City Hall Office Relocation m] Council Chambers Sound System - tabled 3/25, bring item 8a n] 1986-91 Capital Improvement Program - tabled 3/25, bring item 8o TENTATIVE AGENDA April 1 , 1986 Page -2- 9] Resolutions and Ordinances : a] Res . No. 2538, A Resolution of Appreciation to Jeanne Andre b] Res. No. 2539 , A Resolution of Appreciation to Leroy Heitz 101 Other Business : a]. Hiring Appraiser for Shenandoah Dr. Improvement Appeal & Valley Park Drive Condemnation - memo coming b] NSP Utility Pole Removal Lawsuit c] c'.oxf- - seexec nC � 111 Adjourn to Tuesday, April 8 , 1986 at 7 :00 P .M. John K. Anderson City Administrator Hauser also said in documents filed Cable owners with local officials that it is likely that basic monthly subscriber charges will be raised at the end of 1986. want cities to .The end of the road has come ..The current situation is not eco- nomically viable,' said James C. Erickson., an attorney representing MS Hauser. for progra Though some local officials reserved pa comment on the proposal pending review of firm's financial data, By Paul Gustafson Group W franchises Chairman Steve Schmidt of the Staff Writer North Suburban Cable Commission being sold expressed strong reservations about The new owner of six Twin Cities it. cable TV franchises plans to shift Anoka co. Igo Go most of the costs of local and public �}- - "I'm not shocked (by theproposal) access programs to the cities served, 2 because I expected it. However according to documents sent this ...I've indicated to my city this °`.. week to the local regulatory commis- 3 St.Croix proposal substantially limits (its) op- sions. Mssssippi River portunity to share in any true public River1 4 benefits from cable TV," Schmidt - .. Hauser Communications, Inc.,said it Co eer 5 said. will ask the 38 cities served by wastinecon Group W systems to assume most c°. Cities may try to negotiate with local and public access program Co 1eP" MOS. St.P ul i Hauser by holding out the threat of costs once the cities approve the buying one or more of the Group W _ sale,according to documents. Mississippi systems themselves under franchise - Dakota River Group W's systems, which serve 6 Co provisions giving them the right of 51,000 customers, are located in o°" c«mry purchase. _ . _... Burnsville-Eagan, Columbia Heights- Hilltop, eights Hilltop, the Anoka area, north-cen Some local officials, Schmidt includ- tral Anoka County, northern Ramsey I/Columbia Heights-Hilltop— ed, say that a discounted sale price, County and eastern Ramsey and 3,000 subscribers. lowered interest rates and prospects Washington counties. for increased subscribers and reve- 2/Quad Cities(Anoka, nues might make investments in the Under its proposal, Hauser would Andover,Champlin, Ramsey) Group W systems as attractive to donate production equipment to the —3,750 subscribers. cities as they are to Hauser. cities and contribute 45 cents a 3/North Central Anoka - month per customer for local pro- County(Blaine,Centerville, They note that Hauser disclosed in gram operations. Circle Pines,Coon Rapids, the documents filed this week that it Ham Lake, Lexington, Lino will pay about $56.6 million for the - Group W, which has lost money op- Lakes,Spring Lake Park)— six systems, which Group W said erating the six Twin Cities systems, 8,750 subscribers. were built for$90 million. has been paying $4.39 a month per - customer for local program costs, 4/Northern Ramsey County Erickson predicted that local offi- Hauser said. (Arden Hills, Falcon Heights, cials will look at Group W's operat- Lauderdale, Little Canada, ing losses for the six cable systems To help offset company cuts, Hauser Mounds View,New Brighton, and conclude that city ownership said it will propose that cities allo- North Oaks,Roseville,St. would be a risky investment. "I think cate their franchise fees—5 percent Anthony, Shoreview)— it's a nonissue. No way, in my opin- of gross cable system revenues— to 13,000 subscribers. ion, will any city want to run their local programs. 5/Ramsey-Washington own cable system;"he said. In northern Ramsey County, accep- County(Birchwood,Dellwood, Erickson said Hauser hopes to re- tance of the proposal would cut local Grant Township, Lake Elmo, ceive local officials' approval of the program support in 1987 from Mahtomedi,Maplewood, North cable system sales by the end of $483,349 to $347,012, of which St. Paul, Oakdale,Vadnais June. Hauser would pay $90,748,according Heights,White Bear Lake, to company estimates. White Bear Lake township, Willernie)— 13,000 The company negotiated a similar subscribers. cutback in local program costs when 6/Burnsville-Eagan —9,500 it bought the northwest Hennepin subscribers. County cable system from Storer Ca- ble in 1985. Star and Tribune graphic TENTATIVE AGENDA _ HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE Shakopee, Minnesota Regular Session April 1, 1986 Chairman Wampach presiding 1. Roll call at 7 : 00 p.m. 2 . Approval of Minutes of February 4 , 1986 3 . Promissory Notes - Fourth and Minnesota Neighborhood Revitalization Project 4. Other Business 5 . Adjourn to April 15 , 1986 Jeanne Andre Executive Director PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY REGULAR SESSTION SHAKOPEE, MINNESOTA FEBRUARY 4, 1986 Chrm. Wampach called the meeting to order at 7:03 p.m. with Cncl. Vierling, Colligan and Leroux present. Cncl. Lebens was absent. Also present were John K. Anderson, City Admr. ; Judith S. Cox, City Clerk, Ken Ashfeld, City Engineer; and Julius A. Coller, II, City Attorney. Laroux/Vierling moved to approve the minutes of January 7, 1986. Motion carried unanimously. Colligan/Vierling moved to authorize appropriate HRA officials to execute and deliver Satisfaction of Mortgage to Scott T. and Judith R. Gratz for the property located on Lot 9, Block 2, Macey Second Addition. Motion carried unanimously. Colligan/Vierling moved to adjourn. Meeting adjourned at 7:10 p.m. Carol Schultz Recording Secretary # 3 TO, Shakopee Housing and Redevelopment Authority (HRA) FROM: Jeanne Andre, Executive Director RE: Promissory Notes Fourth and Minnesota Neighborhood Revitalization Project DATE: March 18 , 1986 Introduction: The Shakopee HRA secured promissory notes on all properties it sold as part of the Fourth and Minnesota Neighborhood Revitali- zation Project. These notes are to be released when the property owners have resided on the property for five years or more. Attached is a listing of all properties and the status of the promissory notes. Not all are eligible to be released, but a number of requests have been made for the release due to an upcoming sale , or refinancing of the first mortgage. The HRA has previously requested that these actions be grouped to minimize the need for HRA action. This memo is to update the HRA on actions related to these notes which are appropriate at this time. Background: A. The following properties have not requested release of the notes but do qualify, due to the fact that the property owners have resided on the property for more than five years . 1. Gary & Delores Wendorff , L2, B2 , Macey 2nd Addn. 2 . Jay & Julie Hauer, L3 , B2 , Macey 2nd Addn. 3 . Roxanne Gallagher (Frenstead) , L4 , B2, Macey 2nd Addn. 4 . Jay & Penny Skare , L5 , B2 , Macey 2nd Addn. 5 . John & Cynthia Bollig, L6 , B2 , Macey 2nd Addn. 6 . Renee (Maureen) Erath, L7 , B2, Macey 2nd Addn. 7 . Eldon & Myriel Barnard, L8 , B2 , Macey 2nd Addn. B. Requests have been received from some property owners to subordinate the HRA note to a new mortgage the property owners are now negotiating. Many of the original mortgages carried interest rates in the neighborhood of 150, so the property owners can get off of the 235 subsidy by refinancing at a rate around 100. The City Attorney has previously recommended that the HRA could subordinate its lien to a new mortgage and this has been done in one previous case. Those property owners requesting subordination are: 1. Xuan Nguyen and Mai Pham, Lot 1, Block 1, Macey 2nd Addn. 2 . Mark and Jeanne Foudray, Lot 4 , Block 3 , Macey 2nd Addn. Neither of these property owners qualifies for a release of the note at this time. C. One additional property owner now has plans to sell their home before the five year residence period is up, which calls for partial payment on this lot at the time of closing before the note is released. Based on the precedent of one previous case the repayment would be calculated as follows : $7 , 500 lot value - 5 years = $1, 500 per year Residency of 4 years, 10 months is rounded down to 4 years, providing for $1, 500 repayment, with interest of 80 or $120 per year for four years ( $480 ) for a total repayment of $1, 980 . D. One property owner, Jane Wostrel (VanMaldeghem) has requested a release of the promissory note but has not meet all terms of the note, and I believe HRA review of this case is appropriate prior to acting on this request. This property owner resided on the property for one year eight months , after which time she continued to own the property, leasing to tenants who resided there. The promissory note states that, "such principal sum shall be reduced automatically by 20a of the initial amount at the end of each year of such residency, as a Homeowner, and However I was under the impression, and I 'm sure the property owner had a similar belief , that the amount of the note would be reduced for each year of ownership, not necessarily requiring residence. It was a few years later, when the first request for release of a note was received that I became aware of the actual terms of the note. However I never transmitted this information to the property owner until a request was recently made to release the note on this property. There may be other similar cases where the owner no longer resides on the property, but I am not aware of any. Knowledge regarding the owner ' s residency came to me in this ease because I am personally acquainted with her and because of complaints from a neighbor when he became aware that the owner would be leasing the residence. The HRA now has the option of requiring repayment based on occupancy ( $5 , 920 + interest) , requiring repayment based on ownership (no repayment - owned more than five years ) , or some other terms negotiated by the HRA. In addition, if repayment is required, it must be determined if interest would be for only the first year of occupancy ( $473 . 60 ) or for the five years that the amount has been owed ( $2 , 368 ) . This latter option payments for a time when the owner probably did not realize interest would be charged. I have recommended that the owner attend the HRA meeting to make her case. Actions Requested: Authorize appropriate HRA officials to: A. Release Promissory Notes with no repayment for: Gary & Delores Wendorff Jay & Julie Hauer Roxanne Gallager (Frenstead) Jay & Penny Skare John & Cynthia Bollig Renee (Maureen) Grath Eldon & Myriel Barnard B. Agree to subjugate HRA Promisory Note to new first mortgage for: Xuan Nguyen and Mai Pham Mark and Jeanne Foudray C. Release Promissory note upon receipt of $1, 980 from Thomas and Susan Johnson, for Lot 3 Block 3 , Macey Second Addition. D. 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(n Uf O 0 O O O 0 rt rr rt rt rt rt w w w w a a ter~ E rr in "D rt E E 00 rt E cn (D r %D O O G \(D r \O r• o (D H. o (D H. \(D r• rt \UI OD 0- N UI r' N(n 1--' \UI \UI N r+U) F� a Fr r•F•-' A 3 ::$ 0 .10 r•r' w H.r' N r•r• N r•h-� �D r•!•� rt �Da a (D n \a \a OD a. 00a \a c \(D (n n E a w 0 w Co (D (n \(D (n \CD m 00(D U) (n 00 w n r-a% ] w m 7 w co O w 00 w J w rnn rr 3 5 n rt n rr rnn rt m rt n rt �C H. rr w E '< 6C r "C r 'C r• UJ O to rt a U! (n m U) (n 0 M M (D UI 0 M 0 M M M M r. •-� -- ^'• C`� "- �b:s�G e w 0 a{e�."s i t� �.1 1 � 1�i Gl i L I , n u oaie. ��_ � U 717 s.e.delaware st. p.c.box 9441 minneapolis 55440 o (612)623-5000 ; r March 19, 1986 City Council c/o Ms. Judith Cox, Clerk 129 East First Avenue Shakopee, Minnesota 55379 Dear Council Members: On Monday, March 17, 1986, a field investigation of the proposed site for Well #7 for your community was conducted by myself with the assistance of Mr. Kenneth Adolph of your consulting engineers. The site is located on city-owned property in the extreme southwest corner of the northwest quarter of Section 9, Township 115 North, Range 22 West. The site appears to be satisfactory from a sanitary viewpoint and is approved provided all aspects of the Minnesota Water Well Construction Code concerning location of wells (Minn. Rules p. 4725.1900-p. 4725.2200) are adhered to. If you have anv questions concerning this matter, please contact me at 612/623-5327. Sincerely yours, Bassam H. Banat Public Health Engineer Section of Water Supply and Engineering BHB lr an equal opportunity employer . sb B U L a sodafion Of i'i eiroiDsliiC!n munidpaiities March 21 , 1986 TO : AMM Member Cities FROM: 5Echeibel, President RE : ANNUAL MEETING INFORMATION AND LEGISLATIVE UPDATE WANTED: NOMINATIONS FOR BOARD OF DIRECTORS : A Nominating Committee was appointed by the Board of Directors at the March 6th. Board Meeting . Members of the Nominating Committee are: Chairperson, Ron Backes, St. Louis Park Councilmember; Mary Anderson, Golden Valley Mayor ; Robert Benke , New Brighton Mayor; Susan Green, Coon Rapids Councilmember; Mark Lenz, Mahtomedi Administrator ; Diane Lynch, St . Paul Governmental Liaison; Mark McNeill, Savage Administrator and Bill Saed , Inver Grove Heights Mayor. The offices of President , Vice-President and eight directors are up n` for election. The Board is especially encouraging nominations of women city officials to provide a better balance on the Board . Due to the two-term limitation, there will be several new board members to be _- elected so please send in your recommendations/nominations. Written nominations, including a brief resume , should be forwarded to the AMM Office to the attention of Vern Peterson by no later than Tuesday , April 10 , _1966 - 2. 9602. AMM ANNUAL MEETING; WEDNESDAY, MAY 21 , 1986 The AMM Annual Meeting has been set for Wednesday evening May 21 , 1986 . We look for this to be a very unique and different Annual Meeting. Our tentative plans are to hold the Annual Dinner Meeting on the Jonathan Paddleford River Boat while cruising on the Mississippi River . A meeting notice with the specific details of this exciting evening will be mailed in early May but please reserve this dare now since this is one meeting you will not want to miss ! -1 - 183 university avenue east, st. paul, minnesota 55101 (612) 227-5600 3 . LOCAL GOVERNMENT FUNDING IN JEOPARDY : The unpassed but agreed to budget balancing tax bill fHF 1815 ) or some form of legislation similar to it is an obsolute must for cities this year . Of upmost importance is the provision extending local government aids to 1987 . Current law sunsets LGA in 1986 leaving cities without nearly $300 million dollars of aid for budget year 1987 . The bill provided a 4% increase in appropriation with a 5 . 8% maximum formula increase but the Governor has no authority to extend this program without Legislation, thus there would be LGA for 1987 . This Tax bill contains a number of budget balancing provisions. Key to cities, however , is that it does not contain reductions in 1986 LGA or Homestead Credit payments. If the Governor is forced to unallot to balance the budget, he will most certainly have to reduce significantly the LGA and Homestead Credit payments to local government. The Tax bill contains a provision which shift $58 million dollars of school aid into the next biennium. It also provides a reverse of the Motor Vehicle Excise Tax transfer of $ 106 million from the Highway Fund to the General Fund . Another section contains Revenue Department authorization to develop tax compliance and some sales tax acceleration which nets another $32 million revenue. The Governor does not have the authority to raise any of this approximately $ 196 million. Another provision of the Tax bill repeals an automatic income tax increase of $75 million. Thus the governor would have to find approximately - $ 121 million from this bill alone , most probably through LGA and Homestead Credit. The other budget balancing bill the appropriations bill which has not been completed yet contains provisions including reducing various welfare payments that cannot be done by the Governor , thereby creating additional deficits. It can probably be assumed that if neither of these bills pass and the Governor balances the budget by making the cuts he can which are included in the bills, art additional $200 million or so will have to be found . Unfortunately about the only place left is aid to local governments and homestead credit payments to local governments. We would urge you to contact your Representatives, Senators and the Governor ' sOffice and request that a Special Session be called as soon, as possible to com two bills AieLe action on these -2- r METRO GOVERNANCE REORGANIZATION BILL AWAITING GOVERNORS SIGNATURE : The Metro Governance Reorganization Bill (HF 1860 ) as described in the February 27th. AMM Bulletin, was one of the last bills to be passed during the 1986 Regular Session of the Legislature and is now awaiting the Governor' s signature. This bill began life as HF 1991 - SF 1913 but was included in HF 1860 during a conference committee to help assure its passage this session. The bill has many important features which the AMM was successful in getting incorporated into the bill but perhaps the most important are the changes in the process for appointing Metropolitan Council Members. The new appointments process requires that: -Local governments be notified of vacancies in writing. -The Governor appoint a 7-member Nominating Committee of which r 3 members must be local elected officials to prepare a list of nominees for each vacancy. Before submitting nominees to the Governor, meetings must be conducted in or near the district with the vacancy to allow for local official and public input. -A balance or diversity in membership on the Council is required and appointees to the Council must be knowledgeable about urban and metropolitan affairs. A full description of the other provisions of HF 1860 will be provided in the AMM' s Annual Legislative Summary to be prepared in the near future. DISTRIBUTION NOTE : The bulletin was mailed to Mayors, Managers/Administrators, and Designated Delegates. a -3- 7� s TO: John K. Anderson, City Administrator FROM: Barry A. Stock, Administrative Aide RE: Public Access Studio Staffing Plan DATE: March 26 , 1986 Introduction As a prior condition of any action on the proposed cable franchise amendments , the City Council has requested staff to develop a public access studio staffing plan. In response to our request for proposals, staff has received studio staffing proposals from two private vendors. On March 25 , 1986 the Cable Communications Advisory Commission reviewed the two proposals and interviewed each of the prospective vendors. On behalf of the Cable Communi- cations Advisory Commission, staff is prepared to make a recommen- dation to City Council. Background On February 25, 1986 , Council authorized staff to proceed in obtaining requests for proposals for staffing the Shakopee public access studio. The submission deadline for proposals was March 18 , 1986 . Proposals were submitted by Mr. Ed Dressen and New Frontier Productions Inc. (Mr. Bill Lepley and Mr. Michael Schmitt) . Additionally, the Shakopee Public Schools have indicated an interest in running the studio should any of the proposals submitted be unacceptable to the City. A letter from Mr. Ron Ward, indicating the school ' s interest is shown in attachment No. 1 . The proposal submitted by Mr. Dressen focused on an organizational approach, in which prospective access users would become members of a larger public access organization. Within the organization, production teams would be organized based on the interest of the members. Under Mr. Dressen' s plan, the studio would be open to the public Monday through Friday 3 : 00 p.m. to 8 : 30 p.m. and on Saturday from 10 : 00 a.m. to 3 : 00 p.m. Additional studio hours would be made available from public access users with a 24 hour advance notice. The Cable Communications Advisory f Commission was impressed with Mr. Dressen' s strong promotion pian, workshop training program and procedure for leasing the studio equipment. The total cost of Mr. Dressen' s proposal was $19 , 900 . (Anyone interested in obtaining a complete copy of Mr. Dressen' s proposal should contact me. ) New Frontier proposes to staff the studio with at least one qualified manager during the following times: Monday through Friday, 3 : 00 p.m. to 8 : 30 p.m. and Saturdays 11: 00 a.m. to 4: 00 p.m. Additional studio hours would be made available to public access users with a24 hour notice. The total cost for New Frontier' s proposal is $15 ,852. (A copy of New Frontier' s proposal is shown in attachment No. 2 . ) The Cable Commission was extremely impressed with the staffing plan proposed by New Frontier. The Commission was also impressed with the proposed guidelines for checking in and checking out equipment, studio production, editing and penalties for not following the rules and regulations. Finally, the Commission felt that the experience and technicial background of the staff of New Frontier Productions weighed heavily in their favor. Based on these findings the Cable Communications Advisory Commission is recommending to City Council that the proposal submitted by New Frontier Productions be accepted as the method for staffing the Shakopee Public Access Studio. The primary reason for the cost difference in the two proposals is that Mr. Dressen proposes to pay the established lease cost of the equipment when he uses it for his own personal use. He has also built into his budget $2000 for maintenance. New Frontier on the other hand is proposing that they have open access to the studio equipment when it is not being used by the public. They have stated however, that they also plan to purchase their own equipment for their business needs. The studio equipment that they would have the greatest need for is the 3/4" editing machine. Finally, New Frontier is proposing that the Access Corporation should cover the costs of any major maintenance. I should point out that the Shakopee Public Access Corporation will be the party entering into a contract agreement with New Frontier Productions. The Access Corporation will be meeting on April 1, 1986 to accept or deny the proposal submitted by New Frontier Productions. The source of funding for the access studio staffing plan will be the cable franchise fee which the City will transfer to the Access Corporation who will in turn pay the provider. Alternatives 1. Accept the proposal submitted by New Frontier Productions as the staffing plan for the Shakopee Public Access Studio. 2. Do not accept the proposal submitted by New Frontier Productions as the staffing plan for the Shakopee Public Access Studio. 3 . Have the City of Shakopee hire a 3/5 time studio person and a 1%5 time cable administrator to staff the Public Access Studio. 4. Accept the proposal offered by Mr. Ed Dressen. 5 . Do nothing. Staff Recommendation Staff recommends alternative No. 1. t Action Requested Move to accept the proposal submitted by New Frontier Productions as the staffing plan for the Shakopee Public Access Studio. BAS/jms Attachment # 1 SHAKOPEE TECHNOLOGY OFFICE 1137 MARSCHALL ROAD SHAKOPEE, MN 55379 March 18 , 1986 The Honorable Eldon Reinke Mayor of the City of Shakopee 129 East First Avenue Shakopee , MN 55379 Dear Mayor Reinke , I am writing to express an interest on the part of Independent School District #720 , Shakopee, Minnesota in the operation of the Shakopee Public Access Studio. The short time-line between the city's request for proposals and it ' s closing date has prevented full plan development and review by the board of education prior to submission. There appears to be a good deal of potential benefit to the community from a Public Access Studio which is operated with a Vo-Tech trained media specialist under the supervision of the district technology office. Such a structure would allow for program development through the Community Education Program as well as regular school activities . The district ' s position as a State of Minnesota Technology Demonstration Site and it ' s current project involving the use of interactive video on the institutional network places it in a unique position to be able to interface between the many potential user groups . Should the city find current proposals unacceptable the district would be interested in exploring this concept further. Sincerely, r , Ronald E. Ward Technology Coordinator REW/so c.c. Virgil Mears Attachment #2 Q/ Since the inception of cables television in he city of Shakopee , it has been our goal to see that public access programming be lis=t_ by the citizens o Shakopee forthe betterment of the community. Therefore, to guarantee its Lpmost success, We have formed a new corporation calied New Frontier Productions incogi_lrated with the hopes of rebuilding the _nd restructuring the administration. of public access in the City of Shakopee. We are submitting the following bid for your consideration. Micheal J. Schmitt William B. Leple-y President/CEO New N Frontier Productions inc.T c. e:ti Frontier Productions lie=. Corporate Background-Relative _ Experience NewFrontier Productionsincorporated is a newly fcirrl;2d Minnesota corporation with is - • . + Primary officers _fi.`IF'_ all ii no tiMe residents of the ' - - Shak=es- f:- Stated Li!_f t F w_ 1.-i E rs sicJvor_:eCmanagement , makes _!� _ t=" ES -_ __ �: -Fr =P_t t" - 1 hTjob thst lies ah--ac01 us. Public access recti% . _= a well rGLi.nded balance of technical . promotional , educational , and human C relationsskillsto help p i Cr%•v: c.irl: i ±.__.`-c its -r:'�-' {. dev i �tTFfT{P( 2' � IMP -eel with Ou Past -t-t- _ _ __ t .• -. - - - - �•a--•� ei;�,er�=n.C. +_Eec management t�c'iiic°ii_ i.{'t New CrProductions G?: c ti C^= _iCGrpocLPG Ui . i CE cvery s' -- : e asset tcCubli _ .cress television in the _ :; of Shakopee. We have recs E`-ed many i e -E'er- from =�� our post Lser - • =h Wi= a F C included in t e.s i.b i L. _. Administrative =lists Studio compensation M nager= 011 ,520. 00 • ? •-e 0 _ Playback [{P erator s compensation X2,592. 00 i59200 WGr-kmans Compensation insurance Fre $5 0.00 Professional Fees $600.00, Banding Costs $150. 0-0 Studio G Lam _ $240.00 Small Tools «,5r r`S�r F Office Stipp _es x•200. 00 (printing/cogi•Y deist_) Project Organization and staifing I ) New Frontier Productions inc- 's CorPorate structure P'esident/CE0/NFP Manager Michael`f rc7E'i Fi. Schmitt Vice President Beth Ann Leplev SE_ret a-V C^_: NFP Manager fiIiiaiB. -E- l_yTreas_rer L=Yatl CjdrSchmitt 11) vGu responsibilities Facility Managers - Michael Schmitt, ..i l _ - �_i rit a_c:±j z_+`.! t T t 5 _ ii . _._ai = +ications William Address: 1037 South jacksi_n S i. Shakopee, MN 55379 PH. 612-445-3885 Education-. 1975 graduate G-r Shakopee Senior Bigg 1978 associate decree in technology Northwestern Electronics Institute Qualifications cont. Licenses: First class FCC radio-telephone operators license Relative experience: 1977-19B0 Engineering staff KTCA/KTCI television 1930-19B2 television production specialist Store-- cable-vision torercabIe-vision 1983-1986 Public access studio manager Zylstra-United Cable Michael Schmitt Address: 1015 South Main ST. Shakopee~ MN 55379 PH. 612-445-4296 Education: 1984 graduate of Shakopee Senior High . 1984-present 2nd year engineering student Mankato State Univ. Specializing in Television Production and Computer Science License: Third class FCC Radio-Telephone operators license Related experience: 1981-present Lighting director Shakopee Senior High Auditoruim 1981-present Audio director Shakopee Senior High Auditoruim 1980-1984 Audio/visual specialist Shakopee Senior High 1984-present Technical director Miss Minnesota Valley Pageant 1984-1985 Visual specialist Valley Fair Amusement Park 19B4-19B5 Assistant Studio Manager Zylstra-United Cable television Contract Rates The duration shall be twelve months commencing April 1 , 1986, and Shall Terminate March 31 , 1987' New Frontier Productions incorporated reserves the right to renue this contract for an additional twelve month oeriod of time as negotiated with the City of Shakopee. The City of Shakopee shall New Forntier Productions incorporated the sum of $15,900' 00 dollars (Fifteen Thousand Nine hundred and no cents) on a ouarterly basis with the first installment due at the begining of the contract' Installment schedule will be as follows: April 1 , 1986 $3,975.00 July 1 , 19B6 Z3,975'00 October 1 . 1986 $3,975'00 January 1 , 19B7 $3°975.00 Public Access Promotional camp ign New Frontier Productions incorporated recQLunites that a major key to the success. of Public access in the Ci tV of Shakopee is a ?;':1_Od `.` OmOti n ai =atiFn aign- _ she =osTif;uni_W were made aware of the _.__•--a _hev haveto }i{''.ss media . the LL.!?{[51uni '_ - as _. whole_ e -__-_=� Prow and b better educated __ what is going on around at New Frontier Productionsinto vQraLed feel that if at least �,e organization a month learned _bout the potentials and techniques of how to use public access= haF-n& and began to use public access to their advantage, the L1=tFiFlfunit`I 'mould start a new type of educational development.opment. 4 ew Frontier Productions promotion, campaign will consist of three individual but =or ` + - elements. 1 . New Frontier Productions incorpo-a ieG will mate a m i+= - ei--s ort to re_-,c hoot to at least onegan zit on a month to ___ _ _ _. them on techniques and the . -•i -=-bil- 1 un :c - - during this demo:_ _ation, the organization w1 , 1 -_ I, yaE i«i: introduction to the use of por_anl e p_..._ __ azzwa, _.._ that they may "'Lar L J! odu_=sn := w-. ._r•_3 0,k,� ,i.i "_ yy _ .,.GL.Lt L'F members and LSfe1i- friends at ; : L•FC_ ! i C- We 1:_ _ _ ._. _ - _ _ _. .. _ 60. ` --. _ -_ nn Z.__-. l.: r. jshOvah 's Witnesses _• -'t°� Juction County ±mads` 78 and 63 Shakopee 0=10! Lutheran church Calvary CalUnited ted Methadi st church 1057 jefierson 705 East 1st Avenue Shakopee sisrii':.cDe Lutheran churcn St. MarY ' s church 911 Last Shakopee Avenue 575 LewisStreet Shakopee Shakopee Shakopee Assemblies of od Shakonee -• i church tst 1205 East Kith Avenue 1980 , is Avenue Shakopee Shakopee Sheriffs Department Veterans Service office Scott t- -ice cott County Court House Scott County 428 South Holmes 428 South Holmes ' �urohv 's Landing St . Fr�ncis HosoitaI Hwv' 1I West 5+n Bhakopee Shakooee Veterans o+ an Legion s7 #2 132 E�st 1st Averue East 1s� Avenue Shakopee �hako�ee Mdew�kawton Szoux Community Center Friendshi� Manor Nursing Hom� CR 83 1340 3rd Avenue West Shakopee Shakopee Minnesote Correctional Fac� Iity Masonic HaIl 1005 West6th 110 1 /2 East 1st Avenue Shakooee Shakopee ^ �co44Countv A�sociation of Retarded Cit4zens 14080 North East Shady Beach Trail Prior La�e MN River ValIey Special Education Group 405 sl Avenue North West �hakopee Scott Countv Library System Scott County Court House 42B South Holmes Shako�ee II' New Frontier Productions 'ncorporated will offer Training sessions on aIl _;:;spects of public access. �he times and dateS will b� �etup on a mont-hIy basis~ but- we at New Frontier Productions Incorporated feel ±hat this oromotional camgn will cause a growth in the demand for these classes and therefore will increase the avaiIabiIity of these classes- The times and date of the seon wiII be published in the Shakopee ValIeyNews~ Live apperances on KSMM radio, channel three '� calendar of events, ' monthly news let ters and -1heCommunity Recreation and Education paper. A monthly report summerizing our promotional activities wilI be made avail -ble to the City of �hakooee and the Community Ac�ess Corporation at the end of each month' (see Form G) The +oIlowing i� an example of �ome of the tr��ining cl�sses that wiIl be offered' 1 . `Or v.c;vack Students will be _augur _ the proper care and handling thing Csr O er table video ir=s_u bite eouiF•ment . This workshop will emphasize portable production techniques in audio,o, ? _ghti r_,t- - nter✓i ewi ng. and PrS=Der camera to subject alignment , gnment , 11, S-ud- - _ t __ -_ _ Student Y � - - _.`_ _- � _ man- _ -- _- _- 0- _ _ S_ _ _ - _ . Certair 3ob resoonsibi3ities that - - Outlined ar-- Producer . director . __-chni L..._ di -e to- ape -- opea=o` . Sia?Ce" - - also � •- _ _ i scripting , ^ audio. i.. _-r•v'i e%v e _ iso ^.i ! I! . _diling Workshop _ Students will _ _.r( Oro,,,C-•r � 1 /2 Lt h - - lttl+ and inch editing aci .. = ties, Prover- _c•r_e and +Fandle:+.ni3 _f video tapes and opera =i ch ar _._ter gen r ator_ .! IT . Because the - management _i+-crProductions 3 s=O%^y:FOrs -L is !'{_._e 100 '. C' citizens the City O Shakopee,opee, we 'feel that certain CC•le:iFe_nit activities should� G f7e bC•CsCTlerSteQ for t•.^:= awareness of the Community of Shakopee. With the coordinated efforts-= o the Shakopee community, special organizations and New Frontier Production, we feel that a majority of the following agenda of events could be documented and cable-a=t on channel three for the community. Memorial Day Services Loyalty '�cam-.'.Js _ - L Shakopee D•_'f.Y at Canterbury Acede:`tic Award Ceremony Senior Graduation National Honor Society induction Athletic Awards Ceremony S11(i1mer Theater Varsity Football Varsity Baseball Squad io tba i _ Snuade Baseball gran= Football 9th graze Baseball 1r8th _ iz . . grade Football l Sth grade Baseball Varsity Volleyball Varsity Basketball Squad Volleyball 'B' Squad Bas}_etba_S Crb grade Volleyball _t h grade Basketball Cross Country-- - meets Tract_: Meets Wrestling Tournaments Varsity Hockey Senior High Concerts junior High Concerts Traria Presentations Speech L� t= !3 meets Swimming meets Golf Tournaments [ Cub_. ase al l H_i--itW C:-'1DruS Concerts Additionally, with the use of educational oral Cha nels and system inte"'CsZnnects: we will wort' closely 4ith local educator- tt: develop workshops that will relate directly with interactive e - c=_S video. These workshops will entail 'hands on experience seting up cameras, = _;Ziiti~L_ and audio, and will be done at he site where t S•--.•= i tier co nect classes wi_l be held. / Studio Staffing and Personnel ' Being familiar with the habits of the Shekooee public Access users we will be staffing the public access facility with a minimum of one Facility Managers during the following hours: 3:00 P. M. to 8: 30 P. M. Monday thru Friday 11 : 00 a.m. to 4: 00 p. m. Saturdays These times will be reserved for the sole use and promotion of public access. This will give the public access user more than 30 hours a week access to the production facility and personal training' This will also allow more convenient hours for equipment check-out and check-in' During the hours of 5: 45 n- m. and 8: 45 p. m. a playback operator will be on duty to perform tasks neccesary for cable-casting the public access productions. The playback operators hours will be extended to cover live city council muetings and other public access productions in the entirety. Rules and Regulations New Frontier Production will follow all Federal and State regulations along with those operational rules set forth by the city of Shakopee and the Shakopee Public Access Corporation or its designated commission' Equipment Maintenance New Frontier 's Facility managment feel that equipment maintenance is is the key to the long life and reliability of the equipment. We have developed a three stage maintenance program to ensure reliability and minimal down time during the life of the equipment' We will develop A complete maintenance file for each piece of equipment and keep these files throughout the duration of the contract. These files will be the property of the City of ShakopeeThe following schedule will be performed by the Facility Management as follows: I. Dai IV a. clean video heads t' clean and check nrooer alignment of audio aqd gont�ol track heads on video cassette reco-dens C- align S,stem scbcarrier nhase d' align system horizontal ohase e' align s-stem monitors T. Marge ,emote batteries 9. check operatiOn of editing controls and machines h' check ooe,ation of cameras and switcher i . check on proper alignment and operation of channel three j. identify possible future problems k. insoect for wear and tear I . general cleOning of studio and equipment M. color balance cameras H. Weekly a. clean capstan rollers on video tape machines b. check studio fixtures for bad or possibly dangerous bulbs c. clean exterior optical glass on cameras d. align back focus on cameras e. align film chain f. perform registration alignment process on cameras III. Monthly a. align camer view finders b. clean video tape recorder head rotor contacts c. align timebase corrector e. align Dynair 12x4 audio outputs f. check for proper video termination g. align auto iris on cameras h. align camera fIangeback i . check and align auto black and auto white balance camera circuits K check batteries for oroner voltage k. inspect all studio and remote chords and cables for wear and tear l . clean interior camera optics New Frontier produtions will perform the neccesary outlined maintenace Program along with fesable 'in house ' repares free of charge to the City of Shakopee or its designated authority- New Frontier productions Incorporated additionally will furnish all lamps neccesary to replace bad or dangerouse lamps reouired by the 6 inch fernels or 10 inch scoop lighting fixtures. Free of charge for the duration of the contract~ Official Reports New Frontier productions feels that a constant open line o-,- commanication most be maintained with the City of Shakopee, its oubIic access users ard the Shakonee Communitv Access Corporation. We fee' that the following six reports should be submitted on a monthly basis to the city of Shakooee for access by any of the bodies forth listed. A summary report will also be submitted on a bi-yearly basis. The reoorts will list as follows: I . Public Access Promotional Report (see Form G) II . FubIic Access Equipment Usage Report (see Form H) ITI. Channel Three Programming Report (see Form I) IV. Maintenance Report (see Form K) ' V. Character Generator Revenue Report (see Form L) VI . New Frontier Equipment Usage Report (see Form M) VII . Summary Report (see Form N) Shakopee Community Calendar - Submition of community anouncements can be made by mailing or submiting a typed or printed announcement to the public access facility daring normal buisiness hours. Each announcement must be complete with a signature and phone number to assure accuracy. New Frontier productions Incorporated will make available free of charge a standard grid form for a designed announcement. (see form A) This service will be maintained and updated daily as a free service to the citizens and organizations of the city of Shakopee. Censorship New Frontier productions Incorporated will screen all public access programming and annoucments prior to scheduling. If a program contains unsuitable language or situations that we feel detrimental to public access programing , the producer and the City of Shakopee will be notified by written notice orior to scheduling. The City of Shakopee or its designated authority shall have final censorship rights on any program. Reserving the use of oubIic access equipment "hough carefull consideration must be taken to ornoerIv reserve ant c!`eck = eoulmment ' we feel some safenauras snould be outlined' It may be in the best interests of the public accesF user that the rules and regulations of reserving and checking out equipment be outlined with a coordinated e4fert between the Shakopee Community access corporation and New Frontier wroductions. New Frontier oroductions IncOrPurated will follow all guide lines set forth by the Shakopee Public Access Corporation. In the interum time oeriod, New Frontier productions would like to suggest the following format to be followed. I ' Po"table Equipment Check-out a' Only Persons certified by New Frontier Production Incorporated or the Shakopee Community Access Corporation may request to check-out portable production equipment. b. Only designated portable production equipment may be , checked out by certified public access users. c. Equipment not designated 'portable production ' may not be used without direct consent in writing from the Shakopee Community Access Corporation. d. Portable equipment may only be checked-out for the purpose of public access programming. Equipment may only be checked out between the hours of 3: 00 p.m. to 8:00 p. m. monoay thru Friday, and Saturday from 11 : 30 a~m. to 3:30 p. m. unless other arraingments are made. e. Equipment must be returned within a 24 hour period, unless other arrangements are made. f. A maximum check-out period should not exceed 48 hours. g. To avoid any possible scheduling conflicts, any equipment available for check-out must be approved by New Frontier Productions Incorporated Management. h. The amount of equipment checked out by a qualified individual is limited to the discresion of New Frontier Management. i . Equipment check-out is on a first come first serve basis. j. We suggest that a public access user reserves equipment with at least 48 hours notice. Y. At time of check-out and check-in the public access user will be required to assemble, operate and disassemble equipment to varify his/her knowledge of the correct operation, proper care and to inspect *or proper operation of the equipment. 1 . Users reouiring multiple cameras must apply for a reservation 46 hours in advance. m. In order to check-out equipment the user must completely fill out the public access check-out form (form B) and adhere to all conditions set forth on the check-out form. n. Penalties may be inforced on an individual user who does not abide by the rules and regulations set forth by the Shakopee Public access corporation or Facility Management. o. Productions must be completed and ready for cablecesting in a resonably amount of time. II . Studio Productions a ' OnIy persons certified by New Frontier Production or the Shakopee Public Access Corporation me" ,eouest to reserve the use of the public access studio' h. Studio productions may only be reserved for the ourpose o+ public access programming. Studio time may only be reouesteo between the hours of 3:00 p. m. to 8: 0w a. m. monbay ,thro Friday, and Saturday from 11 :30 a.m. to 3: 30 P. M. Staff scneduling will allow for soecial arranoements to be made over and above stated office hours. c. To avoid any scheduling conflict , studio time may onIy be arranged for thougn the New Frontier Management. d. Studio time is reserved on a first come first serve basis' e. A request for studio time must be 48 hours prior to renuested session , but we suggest as much prior notice as posible' f . In order to reserve studio the user must compIetly fill out the oublic access studio request form (form C) and adhere to all conditions set forth on the form. g. Penalties may be inforced o: an individual user who does not abide by the rules and regulations set forth by the Shakopee Public access corporation or Facility Management. b' Productions must be completed and ready for cablecasting in a resonable amount of time. III . Editing a. Only persons certified by New Frontier Production or the Shakooee Public Access Corporation may request to reserve the use of the public access editing facilities. b. Editing facilities may only be reserved for the purpose of public access programming. Editing time may only be requested between the hours of 3:00 p. m. to 8:00 p. m. monday thru Friday, and Saturday from 11 : 30 a. m. to 3:30 p.m. Staff scheduling will allow for special arrangements to be made over and above stated office hours. c. To avoid any scheduling conflict , editing facility time may only be arranged for though the New Frontier Incorporated Management. d. Editing time is reserved on a first come first serve . basis' e. A reouest for editing facility time must be 43 hours prior to requested session, but we suggest as much prior notice as possible' f ' In order to reserve the editing facilities; the user must fill out the public access editing facilities repues'z form' (form D) and adhere to the conditions set forth on the form. g' Penalties may be inforced on an individual user who does not abide by the rules and regulations set forth hy the Shakopee Community Access Corporation or Facility Management' h' Productions must be completed and ready for cablecasting in a resonabIy amount of time. iv. Penalties Although we realize situations arise beyond an individuals control . but we feel some guidelines must he sPt and Adhered to. T h e t -J _ - _ -- stated __t -U _--c +i r_ are only r __ntctw- id,, egalations w' is-- o._Fste- the ='r:_Publicaccess - - conv of the _ l es and regulations w _. _ be available to all nuc+l _F_ ,...__es_. users. a, First ct*4 en se verbal discusion will be €. ' -' with the individual "_o explain he incident nd give an understanding of the penalties of another oc__arance. For further referenses , tili off e€se w:: = _ be doc_i�mented and f i ed with New Frontier 's • Management Ment for _ month time Period c. _conn off=ense - thereafter. written corresoondence will l be stilt to the _tsar informing i"lg them of the offense and Penalties that could occur, A copy will also be sent to the Shakopee Community Access CorPorationj and the city of Shakopee. New Frontier Productions incorporated will allow the user 14 days to respond in writing to the accusations. For further refer eases, this offense will be documented and filed with New Frontier 's Management for a s,„ month time period thereafter. L. Third offense - €e same procedure as above will be followed plus a decertification for six months will be enforced. Some of these penalties may be harsh for mublic access users but we feel that in order for the organization to +'oilerate effectively they must be enforced. Without these penalties we are afraid some public access users will be i of rengi ng on the rights of Bother Public access users. Lease Policy For the_ Dur p cess+ of leasing Pub1ic access equipment on a rental basis. New Frontier productions in_prJC}raleCi wl _ 2 acv as an agent for the C_tv of Shakopee d t-,e Shakopee anew the �i'�a_-,oma e Community Access Corporation Lp_erequest. New Frontier er Productions incorporated will follow Procedures 1e forth b7 the Cit - : �f 5t':a`t::Gee r:t€d the SI-€akrneR i.nmmur,_T4. Access Corporation Public Access Meetings New Frontier Production incorporated understands that alone relationshic must be maintained with the Shakopee Community Access Corporation and therefore feels that an officer be present at all regular meetings of the Shakopee Community Access Corporation New Frontier Productions incorporated wiIl provide a management representative at all other meetings of the Shakopee Community Access Corporation when invited, Public Access Goals and Achievements New Frontier Productions incorporated will incurage at all times the growth and continuance of public access in the . City of Shakopee. With the combined effort of New Frontier Productions Incorporated and the Shakopee Community Access Corporation we feel we can devise and impliment a long needed public access marketing stratagy. As defined in our promotional campaign we feel that our job is to educate, develoo and promote public access thoughout the community' Indemnification New Frontier Productions Incorporated shall be responsible for all claims which may arise as a result of the buisiness activities of New Frontier Productions Incorporated Furthermore we shall quarantee to save the City of Shakopee harmless and indemnify the City of Shakopee for any and all laws, cIaims, suits, judgements and recoveries which may be asserted , made or mav arise or be had, broueht or recovered against the City of Shakopee and the State of Minnesota by reason of anv of the foregoing claims; and that New Frontier Productions Incorporated shaII immediatIy appear and defend the same at our own cost or expense. Workmans Compensation Insurance Workmans compensation insurance has been obtained for all New Frontier Productions Incorporated employees through Minnesota Workmans Comoensation Insurance Association' Surety Bond A $5~000 (five thousand dollar) suretv bond will ne ourchesed f-om Safeco Bond Insurance o2 Seattle Washinuton at the date of erTemtence of tKAF proposal - Tne bond will insure comoIjance set forth bv the conditions stated in the bio for proposals. Open Book and Record Policv New Frontier Productions Incorporated will maintain an office within the City of Shakopee and manage all of its operations in accordance with a poIic" of total open books and records. The City of Shakopee and the Shakopee Community Access Corporation shall have the right to inspect , upon notice, at any time during business hours, all books" records, income tax returns, financial statements and any request for studio or remote equipment , and any other materials which relate to the operation of this contract. Contractor use of equipment New Frontier Productions Incorporated reserves the right to use any public access equipment and facilities during the course of the contract. New Frontier Productions Incorporated will be responsible for any loss, theft, or damages that may arise during the time the equipment is checked-out by New Frontier Productions incorporated ' Normal wear and tear will be expected. New Frontier productions incorporated will keeo a log of all times and dates of equipment used and will submit a comolete report to the Citv of Shakopee and the Shakopee Community Access Corporation' (see form K) New Prnntier Productions Incorporated will not schedule any use of public access equipment or facilities during the scheduled public access business hours or at any other times that may be detramentaI to public access Programming, Promotion or use. New Frontier Productions Incorporated will donate 5% (five percent) of the gross revenues derived from the use of any public access equipment or facilities. The 5% (five percent) gross revenue will be turned over to the Citv of Shakopee or the Shakopee Community Access Corporation on a bi-yearly basis. 1D / .`- Alpha numeric Advertising AIph-numeric anve,tising will appear on channel 3 during the time that public access orogramming is not being cablecast' We suggest an even beIance of advertising and community announcements. For example, if there are 10 community announcements we feel approximately 10 maximum advertiser pages should be used. In addition to advertising and community events on channel 3~ we will be inc]uding a weekly public access program schedule, descriptions of programs, public access hours and information on workshops' Advertising Rates 1 day $2. 50/day $2' 50 total 2-3 days $2.25/day $6. 75 total - 7 days $2. 14/day $15'00 total , month 01'83/day $55. 00 total New Frontier Productions inc. will be solely responsible for advertising sales, promotion and applicable sales tax . AdditicmaIy New Frontier Productions inc. will donate 50% of gross revenue earned from alpha-numeric advertisement to the Shakopee Community Access Corporation or the City of Shakopee to be used for which manner they feel best for the continual growth of public access. The 50% of gross receiots will be turned over to the City of Shakopee bi-yearly. New Frontier Productions inc. will incure all costs for selling advertising time, material ect. Advertising sales and administration will not be done during regular scheduled public access hours. New Frontier Productions inc' reserves the right to change rates given 15 days written notice to the City of Shakopee and the Shakopee Community Access Corporation. Emplovrent Practices .­et:r Frortie_ Prcducticns Iraornc-atea not derr er.c�c,mer or cC _ C..10-. c' !i, seX, t.-�• 1 -- -�-T h; i c n, c: _u�. lni_ ?f__rmative - c t-_cn D:;l: '"Gf - _t,. r ..�... ,.. iris. `',.i� v cuu%.. 6". li�"m ':',. ivew T cntie: P''c.-ducal:;' & Inc^_="norateG wi_1 ai-ertiSe e-nlov lent on' %rt l- CS . r• al_ Oce med-a sour i l cep and �. _ ?:­rican�s to ar.ply. Ivew Frcntie- Pr^_ducticne Inco.Derated will muirtain such records ac Pre n,�cFz; -ary to detcrr^in_ compliar-ce with equal e:.plo,l^:ent and a-Pfirmative a.cticr ebligaticnc and make such records available to the City of Shakocec, State of Minncsota and .-ry Fedcral Aut�"_-ities unon request. New Frontier Py-oduction I^corp;rated wil.-- any rules and reg i.tions set fore:. b7 the city cf Shakcpr.-e, Sate of Mir_nes_ta o-- Ftderal Government. It is the intended policy of New Frontier Productions Incorpe_ated tc p, employ local community Deople. Free training will be offered followed by a continual evaluation program of personnel employment practices to assure that all local, state and Federal laws are being observed and faithfully carried out. II ail i I ur:ri v-ncc Con"=-i_t _,-son PTl imine Actiy=Ty End irate i i I I 1 n ,.. r r _!P '_`L'-- k [! E i «t -==- -Fp -- der slLi^IS'`- Or _i;ett_.atieof b or k. Pease csi _O?nt ��r _;t=_¢_ v1=� PPI Wo'-C= ci e1^c!'t r CTti!!?'i.SFcr_ods at _- not nPcPSSar\,f to T 111 i n cit i Ot ti-1 LS L:=k�:5z T!i (�l t 't++jrI to OUZSlda o'i- the 0 c+ck s. i%� ��=i iri4 4 rii�c �rc GT'�S c?t end Of {he - roes urn e="S you d I t between Syl lccbles --nd _.__ on- =+ox ,airter- last- the M—_s .-.e S1—, r` . t - d cS sc,6o ! c.= i,.^S1�!_a =!mid -_i+.f i`_L+=d -+r'r L{-!_S S ,---C'�.=—S i_l Lei U LSC rc�cl jf C .L -F0-,ltt. YOLir McSc._gOG t+yJ be cabl+=c- or, cha nen _ _�-i 1:.7e�[.c �ri+1r i� tir."'r_- e -2T..j.:_. '.l !_+in _+_l T:m iii=;' ser v Ce r.essaoas wdlll run -t-or tour- weem"rs. o.- Q. De-4 _ .n-F-f: c+t the pubi i C c rl-eS_ t _ora_Si� it it cast - _s St cvicei_ic. Lis• i=:C� +E'Ps i"ll nnS=L+�- Lam_-'7. ..:fid_ 5 -9G6 New Fran t -.c- I , \ m cu < O (D ri• m n f y r 1 i' � r 71 } o O t m l - J l � � 'F CL CD C - (n 1 _ Co .••I• J rr 1 n. 1 { i } t K rX` r. v y ..i _• �.. 00 f � • • • • • • . ••j a' �• •.• r . .. � 1 tri••:' m . . .�. I, /itr Z i. •. 6s •4••• yp �' �• • •••may 1 ;� �•••••i� � -� - A N W I r— f / CSAR 1'5 i I CO RD 77 ---------- _� N W A JACKSON TOWNSNIPI - CO RD 79 CITY OF SHAKOPE v • • 0 0 I � r•� M (o,) •: •� •�• � .• V/ II IIIIIIIt11111111111 111111111111111111�1•�1 1111�1�1�11111111111111 IIIi1111111111111111 uno ♦�.♦A♦. �• ••s�• CSAR 17 � *rl�df� , � ♦♦•�� --- .i . . . • �. I . . c c • 30 .�. p . . Go f 70 ••• t I i 70 It i t /•r•�■ •rr■ ■1 ,1 • ■///�//■■/■//1 Maness a ///l s////////m///////■ 1/ emseffs // //////■ �r N///////////////////// �/////////////////////■ u///////ommull ////■ //SOS ////� . ,. g////////■ At � fA r w w ?' - �a r^gam... r •` I z >r IU /� AKE Al" N I �+ 1 s � I N to � .1111 11111111111 I/1111 till ltllt11t11� I CSAH 21 4 N Ln 'O •i, �J / 'gyp L I, •, i •i 4 i D • i PRIOR LAKE INTE PTOR I _ - [� N A W A t - — i 1 i S 1 2-_ MEMO TO: Jahn K. Anderson, City Administrator FROM: Ken Ash fe 1 d, City Engineer Z4�� SUBJECT: T. H. 101 Improvements at Raceway Park. DATE: March 24, 1986 INTRODUCTION: Raceway Park has requested the City to consider the matter of signage and lane improvements to Trunk Highway 101 in the vici- nity of 70th Street. Suggested signage imprcivements consisted of special advisory signs to assist westbound traffic to enter 70th Street and Cretex Avenue. Suggested lane improvements consisted of an acceleration large along eastbound T. H. 101 to assist truck traffic to merge into the traffic stream. BACKGROUND: Mn/DOT has analyzed the proposed signage which would direct westbound traffic to the signalized intersection at Valley park Drive, u-turning traffic back eastbound to the 70th Street en- trance. Based on Mn/DOT' s analysis, this is riot an acceptable safe signage (Refer to attached correspondence) . In addressing the feasibility of an eastbound acceleration lane on T. H. 101 at 70th Street, data does riot Justify a Mn/DOT ex- penditure. Statement is made indicating that Mn/DOT would - permit the improvement if funded by others. For informational purposes, I have estimated the cost of the proposed acceleration at $32, 000. 00 including construction, contingencies, engineering, and fiscal costs. REDUESTED ACTION: A general discussion of the costs and benefits of the City' s involvement with the proposed improvement and further direction to staff if deemed appropriate. KA/pmp RACEWAY cc: John Ost d i k.e, Raceway Park. 9 N�° do Minnesota District 5 8 Q Department of Transportation � 2055 No. Lilac Drive OF TRV R Golden Vallee, Minnesota 55422 (612) R&R-2,8tA1 March 7, 1986 593-8544 Ken Ashfeld, City Engineer City of Shakopee 129 East First Avenue Shakopee, MN 55379-1376 Re: C.S. 7005 (T.H. 101) 70th Street Dear Mr. Ashfeld: We have reviewed your request of February 20 concerning access problems at the 70th Street intersection on T.H. 101. We agree that there is considerable difficulty for westbound left turning traffic when the Canterbury Downs traffic is headed eastbound. While directing the turn- ing traffic to the signal at Valley Park Drive may make for a possibly safer and less traumatic operation, we doubt that it would attract a significant volume of traffic. We have observed that during congested periods, traffic is backed up from the CSAH 18 intersection and is generally a stop-and-go operation. Since traffic is at a standstill on the east- bound, U-turning traffic is likely to have difficulty clearing the turn lane at Valley Park Drive. Once the turn is made, traffic bound for Raceway Park would still have to wait in line with the congested eastbound traffic. It is also likely that some drivers would use the eastbound shoulder - an illegal maneuver which we do not want to encourage. Another possible problem with posting signs directing traffic to the signal is that it is likely that many drivers would attempt to pull back into the through lanes on T.H. 13 after having initially pulled into the turn lane. This is a hazardous situation that should be avoided. Signing, as proposed, would imply that pulling back into the through traffic flow is permissible. An acceleration lane for eastbound traffic from 70th Street appears to be feasible. Since there is not a significant number of accidents or other serious deficiencies related to lack of an acceleration lane at this location, Mn/DOT would not be able to justify expenditure of its limited resources on a project. However, it is likely that Mn/DOT would An Equal Opportunity Employer _QN-O Ken Ashfeld" March 7, 1986 Page Two approve a permit for an improvement that would be funded, designed and constructed by others. Our district has approved a number of such projects on trunk highways ranging from turn lanes to inter— changes in recent years. We regret that we do not have an easy solution to the turning problem. At this time, it may be prudent for Raceway Park to investigate scheduling their events to minimize conflicts. It is possible that the proposed improvement at CSAH 18 will reduce the congestion problem or its duration which, in turn, would lessen the problem at 70th Street. We would be happy to review specific proposals for an acceleration lane as they are developed. Sincerely, J. S. Katz, P.E. District Tra c Engineer JSK:pn �r u; John K. Anderson, City Administrator FROM: Steve Hurley, Engineering Technician SUBJECT: Street Lights in Horizon Heights Addition DATE: March 27, 1986 INTRODUCTION: The City has recently received requests from property owners for street lights at the two entrances to Horizon Heights. BACKGROUND: The area is served with electricity by Minnesota Valley Coop- erative. The City has asked Scott County pay for the installation of the light at the intersection of Foothill Trail and C. R. 16, however, if it does not meet warrants it will be necessary for the City to pickup the cost. The estimated costs for two (2) Cobra Head lights are $300. 00 each which includes light, pole, and standard. There will be a cost for underground wiring at $1. 50/ft. for approximately 300 feet on each light. It is also possible that boring under one of the roads will be necessary. The cost is estimated at $400. 00. Total cost would be: c Lights @ $300. 00 Ea. $600. 00 600 Ft. Wiring @ $1. 50/Ft. $900. 00 Boring $400. 00 $1, 900. 00 Monthly Maintenance & Power $23. 00 REQUESTED ACTION: Motion approving the expenditure of funds from Public Works General Fund not to exceed $1, 900. 00 for c lights and installa- tion plus an additional $23.00 per month for power and mainte- nance. SH/pm p LIGHTS 11y. Fel MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Merchants Hotel Renovation Rent Application DATE: March 26 , 1986 Introduction City Council, when evaluating alternative grant applications for the City of Shakopee ' s February 1 , 1986 Small Cities Grant, analyzed several grant application approaches. One such approach was the utilization of a developer; however, the City was unable to secure a developer prior to the application deadline of February 1 , 1986. Pow-Bell Construction Corporation of Minneapolis, Minnesota has now secured control of the Merchants Hotel site and is requesting that the City Council consider it as the project developer. Background Jeanne Andre, Community Development Director, provided City Council with several alternative methods by which the City could accomplish renovation of the Merchants Hotel. Jeanne Andre, representatives from the Scott-Carver Economic Council Board, and I have always preferred an alternative that would utilize a private developer. Jeanne had contacted several developers and we had exploratory meetings with a number of them prior to the final submittal of the grant application. None of those firms chose to participate at that time. Thus the grant application when submitted proposed that the Scott-Carver Economic Council serve as its own developer. Pow-Bell Construction Corporation working with Rob Chelseth of Planning and Development Services, Inc. and the Scott-Carver Economic Council Board have put together a development proposal that would place Pow-Bell Construction Corporation in the role of project developer. The conditions under which Pow-Bell Con- struction Corporation would accept such a role are outlined in the attached letter from Richard Bruce Powers to Jeanne Andre dated March 20 , 1986 . Mr. Powers and representatives from the Scott-Carver Economic Council will be present at the April 1 , 1986 Council meeting to discuss the Pow-Bell proposal. Pow-Bell Construction Corporation is interested in being designated by the City as the developer for the project under the block grant application. Alternatives 1 . The City can take no position on the Pow-Bell Construction request. This would create some awkwardness since Pow-Bell now controls the site with a purchase option. By taking no position the City might create a good deal of uncertainty around the development of the project. If the City' s grant application should not be funded Pow-Bell Construction will still control the site with their purchase option, and could pursue other development alternatives for the site. Should the City' s grant application be funded the City would still be required to deal with Pow-Bell Construction to implement the grant because they control the property. 2. The City can pass a motion directing that a development agreement be drafted for Council action naming Pow-Bell Construction Corporation as the private developer for the project should the City secure the grant. Pow-Bell Construction Corporation in addition to securing the site has indicated a willingness to invest $100, 000 in the project making the success of the project, should the City secure the grant, much more certain. Moreover, an agreement with Pow-Bell to invest $100 , 000 better insures the expansion plan for the building that is tentatively planned to be funded by foundations. As Council may recall, the expansion plans were considered critical by Scott-Carver Economic Council which needed the additional square footage to conso- lidate its operations. Recommendation It is the intent of Pow-Bell Construction to cooperate fully with the Scott-Carver Economic Council and the City to implement the renovation project as outlined in the City' s grant application if the City get the grant. If the City does not get the grant Pow-Bell will investigate other potential renovation schemes. Therefore, I recommend alternative No. 2 . Staff can be directed to draft a developers agreement that would set forth conditions that would be triggered should the City obtain the block grant. Those conditions could include specific development timetables , equity requirements on the part of the developer, commitments on the part of Scott-Carver Economic Council as the major tennant, etc. The developers agreement can be dated to insure that this commitment would only cover the period of time between the execution of the agreement and the occurance of one of two alternatives : ( 1) the City fails to obtain the grant and the parties involved have to develop a new alternative in an attempt to secure the renovation of the Merchants Hotel or, ( 2 ) the City obtains the grant and the project is undertaken as proposed in the grant application. Action Requested Directed the appropriate City officials to draft a developers agreement between the City of Shakopee and the Pow-Bell Construction Corporation for the renovation of the Merchants Hotel for Council review and action. JKA/jms Pow-BEI, CONSTRUCTION CORPORATION ; BUILDERS - BRORERS - LAND DEVELOPERS - INSURANCE 4501 GARRISON LANE -- WA. 2-3941 MINNEAPOLIS, MINNESOTA 55424 March 20, 1986 Jeanne Andre, Executive Director City of Shakopee Housing and Revelopment Authority City Hall Shakopee, Minnesota 55379 RE : Merchants Hotel Renovation Dear Ms. Andre: Accept this letter as a willingness on behalf of our development team to work closely with the City of Shakopee on the Merchants Hotel Project. Our firm maintains site control of the property and wishes to cooperate with community interests for common reolution to a challenging issue. We are grateful for the cooperation expressed by the City staff to date and intend on doing our part to foster a good working relation- ship. Analysis of the property' s physical and financial characteristics makes us conclude that Shakopee' s Small Cities Block Grant applica- tion reuse plan is well founded and offers an excellent blueprint for the property's renovation. To articulate our plans clearly, I am attaching a small summary document for presentation and public dialogue. Our plan calls for a long term, attractively priced lease with the Scott Carver Economic Council , Inc. Specific endorsement of the project by the Council will be forthcoming. The major financial difference in our plan when compared to the City' s grant application is private ownership by the Pow-Bel Construction Pow-BEE COQ STRUCTION CORPORATION BUILDERS - BROHERS - LAND DEVELOPERS - INSURANCE 4501 GARRISON LANE -- WA. 2-3941 MINNEAPOLIS. MINNESOTA 55424 Corporation, and capital cash equity injection of $100,000. This $100,000 of additional investment can either: 1 ) reduce the public assistance package by SI00,000, or 2) fund a rear addition to the building. I believe a majority of other plan components are identical . With the endorsement of the Scott Garver Economic Council , we request the project be scheduled for the Shakopee City Council meeting of April 1 , 1986. On April 1st we will request a concept approval of a redevelopment agreement between the City and Pow-Bel contingent on a CDBG award from the State. We look forward to meet with City staff prior to the April 1st meeting. Sincerely, Richard Bruce Powers President i PLAN A HOTEL REHABILITATION REUSE PLAN SRO Hotel and Community Service Office A. First & Second Floor Use Plan: Scott/Carver Office/Service Center Ba Partial Second and Third Floors: SRO Housing for Needy: Eight Units Ce First Floor Expansion Potential : Scott/Carver Office e 1 4 PLAN A HOTEL REHABILITATION PROJECT OBJECTIVES la Quality Restoration 20 Building Reuse to Meetin Community Needs 3. Responsible Building Management and Upkeep HOTEL PROJECT SCHEDULE AND TIMETABLE Feb Mar Air May Jin Jul Aum Dec T Phase 1: Plan and Approvals - space planning I------- - zoning and building code compliance I ------ - development plan I ------------ - financing plan I ------------ 1 - city development agreement I ------ - reuse plan and lease I ------ Phase 2: Specs and Bids I ------------ I I Phase 3: Construction I ------------ 1 Phase 4: Occupancy I -- _ v 6 Income/Expense Projection Aa Income Annual Projection Gross Income First & Second Floor Office Rent $ 18,480 Second & Third Floor Housing ($180/unit) 19,440 Gross Income $ 37,920 Vacancy/Loss Collection ($ 1,000) Effective Income $ 36,920 B. Expenses Operating Expenses Utilities, Insurance, Maintenance, Replacement $ 23,800 Net Operating Income v Debt Service $ 13,120 + a PLAN A ZONING ANALYSIS 1. Designated Zone Classification: B-3 2. Proposed Use: First & Second Floor: Office permitted use Partial Second & Third Floor: Hotel permitted use PLAN A BASIC LEASE TERMS - SCOTT/CARVER ECONOMIC COUNCIL 1> Space: 5,200 square feet a First & Second Floors 2< Term: Minimum of Five Years: preferably 15 years 3. Type: Net 4. Price: $15,000 Annually 5a Occupancy: January 1987 5a Use & Other Tenants: Partial Second & Third Floor m SRO Apartment Housing o , PLAN A , Development Plan Summary 1. Rehabilitation Needs Site improvements, tuckpointing, roof, windows, heating system, elec- trical system, plumbing, interior demolition, wall partitions, ceiling, bathroom facilities, fire alarm system, water hook-up, sprinkler system, insulation, doors, closets, flooring, fire escapes, first floor rear expansion (optional ) . 2. Reuse Plan for Three-Story 7,700 Square Foot Structure First Floor Office Reuse: 3,500 square foot usage; administrative offices, food shelf, head start. Second & Third Floor Reuse: 4,200 square foot usage: eight single room occupancy (SRO) with shared bathroom; 1,700 sq. ft. offices. 3. Development Costs Projection a. Acquisition $100,000 b. Acquisition and Development Planning Fees 27,000 C. Construction Costs (gross) 471,000 5598,000 4. Development Financing Sources a. Owner Equity $127,000 b. City CDBG Loan 1. 20V - 30 years 300,000 2. 15 year no interest loan 171,000 $598,000 D MEMO TO: Mayor, Councilmembers FROM: Tom Brownell, Chief of Police RE: Proposed Scott County Ord. No. 9 DATE: March 24 , 1986 INTRODUCTION• Scott County Ordinance No. 9 pertains to regulating Surface Water Use within Scott County. The purpose is to update the existing ordinance in response to a recommendation by the Dept. of Natural Resources. BACKGROUND: On April 2 , 1985 , Council agreed with the Louisville Town Board that a 15 mph speed limit be established on O' Dowd Lake. Public informational meetings have been held in Prior Lake, New Prague and Shakopee on August 21 , 1985 . Eight property owners from O'Dowd Lake and eight residents of Louisville Township were present. The majority of O' Dowd Lake residents opposed the 15 mph limit on the basis that many boats do not plane until 20 mph is reached and they wish to use the lake for water skiing. The revised Ordinance imposes a maximum speed of 20 mph between sunset and sunrise with no maximum speed during daylight hours except for Thole Lake which is 20 mph during daylight hours. A Notice of Intention to Enact with a public hearing date will be published by Scott County. Property owners may appear if they want a maximum speed limit established for O'Dowd Lake. RECOMMENDATION: Concur with Proposed Ordinance No. 9 , (Revised) Regulating the Surface Use of Water within Scott County. COUNCIL ACTION REQUESTED: Concur with Proposed Ordinance No. 9 , (Revised) Regulating the Surface Use of Water within Scott County. TB:cah OFFICE OF THE ADMINISTRATOR % }^ SCOTT COUNTY COURT HOUSE 110 t- SHAKOPEE, MN. 55379-1382 (612)-445-7750, Ext.too March 17, 1986 F JOSEPH F.RIES AdministratoriR A F.BRANDT RICHARDSON Deputy Administrator BARBARA NESS Administrative Asst. Mr. John K. Anderson City Administrator Shakopee City Hall 129 E. First Avenue Shakopee, MN 55379 Re: Proposed Ordinance No. 9 (Revised) ; Regulating the Surface Use of Water Within the County of Scott, Minnesota Dear Mr. Anderson: Enclosed you will find a copy of Proposed Scott County Ordinance No. 9 (Revised); Regulating the Surface Use of Water Within the County of Scott, Minnesota, drafted by Scott County Attorney R. Kathleen Morris from her perspective of the public informa- tional meetings held at Prior Lake, Shakopee and New Prague on this ordinance. Please note that this draft may not represent the views of other county officials in cwertain areas of the ordinance. In keeping with the general practices of the county in matters such as this, you are requested to review this ordinance proposal with the City Council and other inter- ested parties and return your comments to this office on or before April 30, 1986. I am attaching a copy of the minutes of the public information meeting held in Shakopee on August 21, 1985 to assist you in your deliberations. At such time as the County Board has reviewed the comments returned by the muni- cipalities named above, a "Notice of Intention to Enact" will be published with a date of public hearing on this ordinance. I will take this opportunity to thank you on the part of the County for your cooperation and participation in this effort through- out the entire review process. Si erely, J o F. Ries ministrator Encls. (2) cc: (w/encls. ) County Commissioners Jon Westlake, Planning Director R. Kathleen Morris, County Attorney Brad Larson, Highway Engineer Sheriff Doug Tietz Recording Secretary Lt. Don Hamilton Deputy Lyle Svedahl JFR:bn An Equal Opportunity Employer c PAGE 1 MINUTES PUBLIC INFORMATIONAL MEETING SHAKOPEE CITY HALL AUGUST 21 , 1985 PROPOSED ORDINANCE NO. 9; REGULATING THE SURFACE USE OF WATER WITHIN THE COUNTY OF SCOTT, STATE OF MINNESOTA (1 ). The public informational meeting regarding the changes to Scott County Ordinance No. 9, Regulating the Surface Use of Waters Within the County of Scott, State of Minnesota, was called to order at 7:35 p.m. by Richard Mertz, Chairman of the Scott County Board of Commissioners. (2). Board Members Present: A. Richard Mertz B. William Koniarski C. Jack Casey (3). County Staff Present: A. R. Kathleen Morris, County Attorney B. Jon Westlake, Planning Director C. Brad Larson, Highway Engineer D. Doug Tietz, Sheriff E. Don Hamilton, Sheriff's Dept. F. Lyle Svedahl , Sheriff's Dept. G. Joseph F. Ries, County Administrator H. Janis Redfield, Recording Secretary (4). City Staff Present: A. Tom Brownell , Shakopee Police Chief (5). Guests Present: A. Bruce Watson, Lake O'Dowd Resident B. Mike Sulik, Lake O'Dowd Resident C. Carol Sulik, Lake O'Dowd Resident D. Elmer Marschall , Lake O'Dowd Resident E. Harold Marschall , Lake O'Dowd Resident F. James Theis, Louisville Township PAGE 2 PUBLIC INFO. MEETING SHAKOPEE CITY HALL August 21, 1985 G. Robert Schmidt, Louisville Township H. Earl H. Lenzmeir, Louisville Township 1 . William Deliwo, Louisville Township J. Bruce Myrvold, Louisville Township K. Diane Myrvold, Louisville Township L. Cecil Higgs, Louisville Township M. Mac Dagud, Lake O'Dowd Resident N. Cindy Dagud, Lake O'Dowd Resident 0. Sue Ebner, Louisville Township P. Roger Wright, Lake O'Dowd Resident (6). The purpose of the meeting was explained by Commissioner Mertz. The County Attorney and the County Administrator informed the audience that suggestions from the informational meetings would be reviewed and that a public hearing would be scheduled and duly advertised prior to the ordinance being adopted in its final form. (7). Review of Ordinance No. 9 and Proposed Revisions: A. The County Attorney explained that it was the recommendation of the Department of Natural Resources (DNR) to update the water safety ordinance. it was clarified that all Minnesota laws have been included in the proposed ordinance. The County Attorney reviewed the sections of the ordinance which had changed and commented on the following items which were discussed at the first informational meeting held in Prior Lake on August 7, 1985: Page 4 - Subd. (3). - It was explained that floating docks or structures must have a reflector as well as a permit. Page 8 - Subd. (6). - It was explained that the wording will be changed to "towing more than two (2) persons at one time requires a permit." Page 8 - Subd. (5). - It was discussed that "towing a person by a rope, cable or other towing device longer than eighty-five (85) feet" may be changed to one hundred (100) feet since the longer length is required for some types of barefoot waterskling. Page 11 - Subd. (7). - It was explained that Minnesota law requires "reasonable" guards or railings but does not specify a minimum height. The County Attorney advised that Lyle Svedahl 's recommendation is for a guard or railing height of eight (8) inches for safety reasons. The County Attorney stated that there had been previous discussion concerning the dangling of legs over the sides of boats while under power. It was explained that although this is a safety concern, it is not possible to prohibit this type of activity. PAGE 3 PUBLIC INFO. MEETING SHAKOPEE CITY HALL August 21 , 1985 Page 13 - Subd.(1 ). & Subd.(2) . - It was clarified that any person violating any provision of the ordinance as well as the owner of a watercraft can be penalized. (8). Questions & Presentations from the Public: A. Bill Dellwo, Louisville Town Board, initiated discussion of the 15 miles per hour speed limit on Thole Lake. Mr. Dellwo indicated that the Louisville Town Board as well as the City of Shakopee voted in favor of a 15 mph speed limit for Lake O'Dowd. There was discussion as to why Thole Lake was singled out for a 15 mph speed limit. Mr. Dellwo stated that due to the size of Lake O'Dowd and information from the DNR, a 15 mph speed limit should be set for Lake O'Dowd. B. Bruce Myrvold, Lake O'Dowd Resident, stated that he felt the 15 and 40 mph speed limits seem reasonable. C. The County Attorney advised that the 15 mph speed limit will probably be changed to 20 mph since most boats require a speed greater than 15 mph in order to plane. Discussions from the Prior Lake informational meeting concerning this subject were reviewed. D. Bruce Watson, Lake O'Dowd Resident, indicated his opposition to the proposed speed limits and cited resale value of property as one reason. Mr. Watson stated that one of the main reasons people purchase Lakeshore property is for recreational purposes and setting speed limits could discourage potential buyers. The issues of chemicals from farm lands contaminating the lakes and the noise problems were introduced. E. Bill Dellwo, Louisville Town Board, stated that approximately two-thirds of Lake O'Dowd cannot be used for waterskiing because of legislation. The County Attorney asked if Mr. Dellwo was implying that Lake O'Dowd is a protected wetland. Mr. Dellwo indicated that he has pertinent information frdRhscisubject. Commissioner asked that Mr. Dellwo ovietinformation to the Board ofcommissionersfor their review. F. Roger Wright, Lake O'Dowd Resident, initiated discussion of the ty notice for the ooriall matioal threenpublicting. The informationalnmeetingsiweretor publisheddinh atf the notices f the local newspapers. G. Mike Sulick, Lake O'Dowd Resident, commented that the problems with recreational activities on Lake O'Dowd did not begin until approximately two years ago and cited jet skis as the main reason. There was discussion concerning the jet skis coming in too close to beach areas and the noise problems created when the jet skis are raced back and forth along the shorelines. The issue of a noise ordinance was again addressed. Tom Brownell , Shakopee Police Chief, stated that the City does have a noise ordinance in effect. PAGE 4 PUBLIC INFO. MEETING SHAKOPEE CITY HALL August 21 , 1985 H. Elmer Marschall, Lake O'Dowd Resident, initiated discussion of the number of docks allowed as per Subd. (3), page 4. The County Attorney offered clarification regarding the permit process for docks and/or slips. I . Bruce Watson, Lake O'Dowd Resident, initiated discussion of the ordinance section prohibiting waterskiers from being towed within 150 feet of any swimmer, swimming area, dock, etc. It was suggested that the wording be changed to "any watercraft" shall not come within 150 feet, thereby including Jet skis. J. There was discussion concerning the definition of "competent" with regard to two competent persons on board watercraft used for towing. The County Attorney advised that an age limit cannot be set by law. There was discussion as to why two persons should not be on board at all times. K. There was a general discussion concerning the channels on Lake O'Dowd. Sheriff Tietz advised that the buoys donated by the O'Dowd Lake The Association will be in place, marking the channels, on August 22, 1985. issue of children swinging off ropes and then swimming across the channels was a major concern to all in attendance. L. There was a brief discussion concerning the operation of aerators. it was clarified that permits from the DNR allow the operation of these devices. M. Bill Dellwo asked the County Highway Engineer about the shore erosion problem on 79th. The Highway Engineer agreed that there is a problem with erosion but indicated he did not know the cause. (9). Responses and Presentations by County Commissioners d Staff: A. Sheriff Tietz requested that property owners notify his office if the jet skis continue to pose problems. It was clarified that the Jet skis are included within the proposed ordinance. There was discussion concerning the safety of the new inner tube devices designed for towing. B. Lyle Svedahl ran videotapes of radar runs illustrating that the Water Safety Patrol was able to clock the speeds of various types of boats. C. A letter from Tim Phippen, Lake O'Dowd Resident, was received and made part of the record. (10) . Commissioner Mertz thanked everyone for their comments and attendance. The meeting was adjourned at 9:05 p.m. PROPOSRn DRAt"t AN ORDINANCE REGULATING THE SURFACE USE OF WATER WITHIN THE COUNTY OF SCOTT STATE OF MINNESOTA The County Board of Scott County ordains: Section 1. Short Title. This Ordinance shall be known, cited and referred to as the Scott County Water Safety Ordinance, except as referred to herein, where it shall be known as this C . finance. Section 2. Purpose. This Ordinance is enacted for the purpose of regulating surface use of bodies of water within Scott County in accordance with the provisions of Minn. Stat. Chapter 378 and the regulations adopted by the Minnesota Department of Natural Resources, in order to promote use and enjoyment by all persons, now and in the future, and to promote safety for persons and property in connection with the use of the waters of Scott County. Section 3. Application. It is unlawful for any person to operate, dock or anchor any watercraft upon any water or otherwise use any body of water within Scott County except in accordance with the provisions of this Ordinance. Section 4. Definitions. Owner: The registered owner of a watercraft. Permit: Written permission that must be obtained from the sheriff to carry out certain activities as specified in this Ordinance. Prior Lake: The body of water given that name and assigned the lake numbers 70-26 and 70-77 by the Minnesota Department of Natural Resources. Slow-no Wake: The operation of a watercraft at the slowest possible speed necessary to maintain steerage and in no case greater than five (5) miles per hour. r r -z- Sheriff: Scott County Sheriff. Sheriff's Water Patrol: Officers of the Scott County Sheriffs Department and persons selected and trained by the Scott County Sheriff to be part of the Sheriffs Water Patrol. Sunrise: Time shown in National time chart for specific date for sunrise. Sunset: Time shown in National time chart for specific date for sunset. Thole Lake: The body of water given that name and assigned the lake number 70-120 by the Minnesota Department of Natural Resources. Water: Any body of water located within Scott County, Minnesota. Watercraft: Any contrivance used or designed for navigation on water other than (a) duck boat during duck hunting season; (b) rice boat during the harvest season; or (c) seaplane. Section 5. Watercraft Laws Adopted. Minn. Stat. Chapter 361 and the water safety rules and regulations adopted by the Minnesota Department of Natural Resources, a copy of which are on file in the office of the Scott County Auditor, are hereby adopted and made a part of this Ordinance by reference. No person shall operate a watercraft within Scott County in violation of any of the provisions contained therein. Section 6. Watercraft equipment requirements. Subd. (1). No watercraft other than an authorized water patrol boat or other police watercraft shall use or display a red light, except a red running light. Subd. (2). No watercraft, other than an authorized water patrol boat or other police watercraft, shall use or display a police, sheriff or law enforcement officer's flag or any device designed to simulate such a flag. Subd. (3). All watercraft shall be equipped in accordance with state law. Section 7. Activities Requiring Permit. Subd. (1). The erection or maintenance of any dock or s!ru<�,t_re of rr,ore i -3- than seventy-five (75) feet in length requires a permit. Subd. (2). The erection or maintenance of any dock or structure which projects beyond the extension of the property owner's boundary requires a permit. Subd. (3). The erection or maintenance of any dock or structure with more than five (5) slips for boats requires a Department of Natural Resources Division of Waters permit. Subd. (4). The erection or maintenance of any structure used for the purpose of a ski jump or slalom course requires a permit. Subd. (5). Towing a person by a rope, cable or other towing device longer than a ghty-five (85}one hundred (100) feet requires a permit. Subd. (6). Towing more than two (2) persons at one time requires a pe,*mit and an observer. Subd. (7). An application for a permit shall be submitted to the Scott County Sheriff and shall require, if applicable, submission of a detailed plan depicting dock location, configuration and number of boat slips or a description of the activity for which a permit is requested including why the applicant is requesting a permit to engage in the activity. Subd. (8). A permit shall require annual renewal. Subd. (9). A fee may be charged for each permit issued by the Scott County Sheriff, which fee shall be determined by the Scott County Board of Commissioners. Subd. (10). A permit may be issued for a specified time period and may include reasonable conditions related to permitted structure or activity. Section 8. Prohibited Activities. Subd. (1). It shall be unlawful for any person to cause the deposit in the water of bottles, glass, sewage or other foreign material. Subd. (2). it shall be unlawful for any person to cause the erection or r � -4- maintenance of any dock or structure which interferes with or obstructs the use of the water. Subd. (3). It shall be unlawful for any person to board, use, damage or tamper with a watercraft without the consent of the owner. Subd. (4). It shall be unlawful for any person to tow or to operate a watercraft towing one or more persons behind a watercraft on waterskis, aquaplane, surfboard, saucer or similar device except in compliance with the following regulations: (1). Every person being towed shall wear a USCG approved life vest, belt or other buoyant device. (2). On a holiday, Saturday or Sunday, two (2) competent persons must be on a watercraft which is being used for towing. The driver of such watercraft shall be 18 years of age or have permit issued in accordance withMinn. Stat. Section 361.041 and must watch where the watercraft is being driven at all time. The second person on board the watercraft shall be an observer and shall watch the person or persons being towed at all times. (3). No person shall be towed from one-half(1/2) hours after official sunset to the following sunrise. (4). An unoccupied tow line shall not be dragged behind a watercraft for an unreasonable length of time. (5). No person shall be towed on a course within one hundred and fifty (150) feet of any swimmer, swimming area, skin diver's warning flag, anchored, moored or drifting watercraft or any raft, dock or pier, except the raft or dock from which the watercraft or person being towed is operating. (6). No person shall be towed into or through a marked channel (/ f V -5- connecting two (2) bodies of water. (7). No person shall be towed upon an air mattress, inner tube, or other inflated artiele or floation device. Subd. (5). It shall be unlawful for any person to obstruct or interfere with passage of a watercraft through a channel or narrow passageway. Subd. (6). It shall be unlawful to anchor or operate a watercraft within one hundred (100) feet of a structure used for the purpose of a ski jump, or of the buoys used as markers for a waterski or slalom course, during times when the course is in the use by waterskiem Subd. (7). It shall be unlawful for any person to ride or sit on the starboard or port gunwales, the docking over the bow or transom of any watercraft while underway, unless the watercraft is provided with adequate guards or railings, a minimum of 8 inches, to prevent passengers from falling overboard, and it is unlawful to operate a watercraft while any person is so sitting or riding. Subd. (8). It shall be unlawful for any person to fish from a bridge. Subd. (9). It shall be unlawful for any person to jump or dive from a channel bridge or dam or to swim in a channel. Subd. (10). It shall be unlawful to use air mattresses, inner tubes or other inflated floatation equipment in the water except in areas designated as swimming areas or within one hundred (100) feet of the shoreline. Subd. (11). It shall be unlawful for the property owner to leave unuseable equipment or junked watercraft along the shoreline or in or upon the water. Shorelines are to be kept clear of debris and in a clean and safe condition. Subd (12) It shall be unlawful to operate a watercraft, including as iet ski within one hundred and fifty (150) feet of any swimmer, swimming area, skin diver's warning flag, anchored, moored or drifting watercraft or any raft, dock or pier. except the raft or d k from which the wetereraft is 00eratinc•. -6- Section 9. Watercraft Speed. Sudb. (1). It is unlawful to operate or permit the operation of any watercraft on any lake or river located within the boundaries of Scott County at a speed greater than fatty (40} m4*9 per hear from 9"ru+ae to sunset at at a speed greater than fifteen (}5+ twenty (20) miles per hour from sunset to sunrise except that at no time shall a watercraft be operated at a speed greater than fifteen E}5+ twenty (20) miles per hour on Thole Lake. Subd. (2). All waters with public access will be posted with speed limit signs at public water accesses. Subd. (3). The operator of any watercraft shall not overtake or pass any watercraft in a channel or narrow passage and shall proceed through all channels and narrow passages of water at closed throttle or at posted speed where applicable. Subd. (4). A watercraft shall not be operated on a course inside point buoys at a speed greater than five (5) miles per hour. Subd. (5). During periods of high water, 904.0' as determined by the gauge located at the Wagon Bridge, or greater above mean sea level on Prior Lake, the City Manager of Prior Lake may, at his or her discretion, and upon notifying the Scott County Sheriff, impose a slow-no wake speed on such areas of the lake as may be necessary. Such restrictions shall become effective upon publication in the local paper as a news item or on a specified date, whichever is later. All public water accesses and private launch ramps shall be posted prior to and during the time the restrictions are in place. <n addition, notice of said restrictions shall be posted at the Prior Lake City Hall. Said restrictions shall be promptly removed when high water levels have subsided. -7- Section 10. Placement of Structures or Obstructions. Subd. (1). All swim platforms and devices which do not extend from shore are to be removed from the water no later than November 1 of each year and are to be placed in the water no earlier than May 1 of each year. Subd. (2). Floating docks, structures, mooring buoys or watercraft anchored away from shore between the hours of sunset to sunrise must be provided with adequate reflectors to be visible from all directions. Subd. (3). Floating docks, structures, mooring bouys or watercraft anchored away from shore must have a reflectors and a permit with the permit number posted and visible. Section 11. Aircraft. Subd. (1). Any person operating an aircraft shall maintain the same distances from specified areas and activities as set forth herein for watercraft. Subd. (2). It shall be unlawful for any person operating an aircraft to practice landings, touch and go landings or to taxi the aircraft except for take-off. Section 12. Enforcement. Subd. (1). Officers of the Scott County Sheriffs Department and persons selected and trained by the Scott County Sheriff to be a part of the Sheriff's Water Patrol shall be authorized and entitled to enforce this Ordinance. Subd. (2). The Sheriff's Water Patrol shall have the right to require persons acting in violation of this Ordinance to leave the area. Subd. (3). The Scott County Sheriff shall have the authority to revoke any permit for good cause. Any permit may be revoked upon violation by the permittee of this Ordinance. Subd. (4). The Sheriffs Water Patrol shall have the right to place buoys for safety, to designate no skiing areas in small bays and to post speed limits at narrow channels. Subd. (5). The Sheriffs Water Patrol shall have the right to remove from the water any structure, watercraft or other obstruction which is in violation of this Ordinance. Section 13. Penalty. Subd. (1). Any person violating any provision of this Ordinance shall be guilty of a misdemeanor and shall be punished by a fine not to exceed seven hundred ($700) dollars, together with taxable costs, or by imprisonment for a period not to exceed ninety (90) days, or both. Subd. (2). An owner may be found guilty of violation of this Ordinance if a watercraft bearing the owner's registration number is operated contrary to the provisions of this Ordinance and shall be punished by a fine not to exceed one hundred ($100) dollars. Section 14. Exemption. Subd. (1). Authorized resource management, emergency and enforcement personnel when acting in performance of their duties shall be exempt from the restrictions in this Ordinance. Subd. (2). Nothing in this Ordinance shall prevent the Scott County Sheriffs Water Patrol from performing their assigned duties. Section 15. Miscellaneous. Subd. (1). The provisions of this Ordinance shall be deemed to be severable and the invalidity or unenforcability of any provisions shall not affect the validity and enforcability of the other provisions hereof. Subd. (2). This Ordinance may be amended from time to time. The procedure for amending this Ordinance is the same as prescribed by law for its adoption. Subd. (3). Ordinance Number 9, adopted August 27, 1974 and Ordinance Number 10. edooted June 7. 1977. are hereby repealed. -9- Subd. (4). Nothing contained in this Ordinance shall be deemed to consent, license or permit to locate, construct or maintain any site, facility or to carry on any activity. MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Recommendations for Additional Staffing for 1986 DATE: March 27 , 1986 Introduction During the 1986 budget process the City Council received requests for an additional seven full-time equivalent positions from department heads and various board and commissions. City Council identified $68 ,700 that was available for funding additional staffing which was insufficient to meet the request for the additional seven positions. Because there was no consensus regarding which position should be funded Council authorized a study costing out City services and analyzing staffing needs j which was completed by Ernst and Whinney. That report is now completed and has been reviewed by all department heads. The report will be presented to City Council at its April 1 , 1986 meeting. Report Findings The Ernst and Whinney report provided Council with an analysis of the cost of public services and staffing needs. The section on staffing needs is addressed in this memorandum because the City has several personnel positions that need to be filled quickly. The Ernst and Whinney report does not present Council with a blueprint outlining which particular personnel positions should be filled to meet service demands on the various departments . Rather, the report analyzes current work load based upon a full time equivalent (FTE) unit of measure. The summary of their findings is provided on table XIV on page 40 which is attached. The key findings were that the City of Shakopee overhead costs for 1985 were approximately 140, an "impressive" number according to Ernst and Whinney indicating that the City has been operating efficiently" . The study also found that the Racetrack resulted in additional workloads for most of the City' s departments in 1985 and that this will continue in 1986 for Community Development, Building and Inspections, and the Police Department. The consultants found that there were significant increases in departmental staffing requirements during the second and third quarter for nearly all departments. This phenomenon is clearly illustrated in table XIV. The consultants, when reviewing their report with department heads, stated that specific recommendations regarding staffing should come from City staff based upon the findings in their report. Staffing Recommendations After reviewing the consultant ' s report and discussing alternative methods by which City staff could present a recommendation to City Council , it was the consensus of department heads that we should use a process similar to that used when preparing the annual budget. Specifically, after departmental requests are made known to the City Administrator , the Administrator will evaluate the requests and make a recommendation to City Council. The recommendations that follow are, therefore, my recommendations as City Administrator and they are based upon the information I have obtained from the consultant ' s report. From table XIV ( attached) 1 have drawn some general conclusions. They are as follows : I . Only three departments are experiencing staffing shortages for all four quarters - City Clerk, Building/Inspections ( includes janitorial) and Community Development. 2 . Staffing demands exceed. available personnel in nearly every department during the second and/or third quarter. 3 . Looking at the individual positions in each department it is clear that we exceed the . 8-1 . 25 FTE for clerical fairly consistantly in the City Clerk, Building/Inspections and Community Development Departments. 4 . That it is highly likely that the third quarter statictics in the Police Department will occur during part of the second quarter in 1986 because of the Racetrack. S. The City' s overhead factor of 14% is indeed very low. 6 . The City should creatively seek to find nontraditional ways to address our second and third quarter staffing needs. Based upon the six findings listed above I recommend that we hire an entry level Planner for Community Development and make the existing contractual position (Barry) a permanent position for a net increase of 1 . I recommend that the contractual Building Inspector ' s position currently shared 50/50 with Scott County be made a permanent position with a continuation of the 500 sharing arrangement with Scot County. I recommend the hiring of a receptionist/typist to relieve all three Citv Hall secretaries in the front office of many of their more routine functions. This will also facilitate the relocation of at least two of the secretaries so that they can be placed near their departments which would address a specific finding the consultants made regarding Community Development and the City Clerk ' s department. I recommend that we hire one additional police officer this year with a goal of creating a reserve officer slot to be filled on a seasonal part time basis ( second and third quarter) by a soon to be retiring police; sergeant on a contractual basis. I recommend that we only hire seasonal inspection employees as presently recommended by the City Engineer and recently approved by City Council. I recommend that we seek seasonal Public Works employees similar to those hired by Engineering and/or seriously investigating the possibility of supplemental contractual services during the second and third quarter similar to what we do for snow removal during the winter months. The recommendations listed above are outlined in the attached worksheet from the Finance Director dated March 27 , 1986 . Also included in that worksheet is a status report on the City' s 1986 contingency fund. In examining the status report on the contingency balance Council should also consider the availability of unappropriated fund balances. As of 12/31/85 , the City' s unaudited fund balance was $1 ,485 , 000 or approximately 40o which is again slightly above our 25 to 30o target range. Finally, with regard to financing, the Council should make only preliminary or partial decisions regarding staffing until the 1986 legislature provides the State with a budget bill. A special session to approve such a bill is anticipated during the first week in April. Alternatives The possible staffing combinations that could be presented to City Council are infinite. Therefore, I have made no attempt to outline specific alternatives and recommend that any alternatives that result from Council discussion be jotted down and presented in written form at a subsequent meeting. Recommendation It would be my preference to give Council several meetings to discuss and digest the recommendations I have made based upon the consultants report. The problem is that we need to hire a police officer and a Community Development Director immediately. Because we need to fill these two positions I have put together my recommendations so that they could be submitted to Council at the same time it receives the formal presentation by the consultants on their Costing and Staffing Study. It would be my recommendation that Council authorize the hiring of a police officer and a new Community Development Director no later than its April 8th special meeting. The Council should also understand that the reorganization of City Hall offices will be affected by some of the staffing recom- mendations suggested above and cannot be fully implemented until the staffing decisions are made. Action Requested 1. Direct the appropriate City officials to select one new police officer through the Minnesota Police Officers Recruitment Program. 2 . Authorize the appropriate City officials to advertise for a new Community Development Director based upon the job description outline provided in John Anderson' s memo dated March 27 , 1986 , 3 . Discuss and possibily make hiring recommendations on the balance of the recommended positions listed above. JKA/jms March 27, 1986 Top Late 1986 Position Wage Start Start Benefits Cost ---------------------------------------------------------------------- Planner 18,000 13,500 10,125 3,375 13,500 Bldg. Inspector -1/2 time 13,110 3,278 16,388 Receiptionist/typist 14,700 11,025 8,269 2,756 11,025 Police Officer 22,668 17,001 12,751 4,250 17,001 Eng. Inspectors, seasonal 16,000 16,000 1 P. W. Seasonal use existing part time budget (11,000) 73,914 1986 Contingency 185,700 Comparable Worth (20,000) New Hires (68,700) True contingency 97,000 i Planning Study (37,000) 2 Staffing Study (27,000) 3 Police microfilming (2,700) Transportation Donation (10,500) Comm. Development temp help (700) City Hall roof (3,300) River Trail cleanup (15,000) 4 Balance 800 1) Charged to projects to create offsetting revenue. 2) Charge to unappropriated fund balance. 3) Charge to unappropriated fund balance. 4) The City is attempting to defray part of the $15,000 with contributions from property owners and civic groups. MEMO TO: Mayor and Council FROM: John K. Anderson, City Administrator RE: Reorganization of Community Development Department Positions DATE: March 26 , 1986 Introduction: When Don Steger left as City Planner the City consolidated the separate Planning and Housing and Redevelopment Authority (HRA) departments. With the departure of Jeanne Andre, Council has the opportunity to explore further consolidation of City departments and/or the reorganization of activities within the Community Development Department. The purpose of this memo is to provide Council with a guide in exploring alternatives for reorganization. t Background: When Don left I prepared a memo dated Sept. 16 , 1983 outlining reorganization options. That memo lead to the consolidation of the Planning and HRA departments. The same memo outlined a longer term goal consolidating the Building Department with Community Development. When Jeanne told me she was leaving, I immediately began discussing this alternative with LeRoy Houser our Chief Building Inspector. After several discussions about the pros and cons of such a consolidation, LeRoy decided he was not interested (note I was only considering the consolidation in terms of eliminating a department head position which meant that my discussions with LeRoy were focused on him taking the position of Community Development Director) . The elimination of the possibility of further departmental consolidations left internal departmental reorganization as the only other alternative. Therefore, I met with Barry Stock and Judi Simac on several occasions to explore how the department might best be restructured both from the City' s point of view and from their personal point of view. After roughing out basic job descriptions that place each of them in the department head position and a new hired person in the department head position, I am recommending the latter. The reason for this approach are outlined in the tables that follow: Table I Present Departmental Structure Position Filled By Community Development Director Vacant Planner Judi Administrative Intern Barry Secretary Toni Total 4 positions Table II Major Community Development Activities With Present Capabilities Rated Activity Strong/Ave. /Weak 1. Downtown Redevelopment: Planning Activites Strong Loans/Pvt. Rehabs Weak 2 . HRA Functions Ave. 3 . T. I .F. Functions Strong 4 . Bldg. Permit Review ( incl. signs) Strong S . Transit Admin. Strong 6 . Community Dev. Grant Received weak* 7 . Zoning Admin. Strong 8 . Recycling Strong 9 . ICC Ave. 10 . Cable: Local Access Weak Admin. Oversite Ave. 11. Planning: Long Range Weak Short Range Strong 12. Economic Development: Commercial Strong Industrial Ave. Residential Weak** 13 . Computerized listing of parcels Weak * The City of Shakopee was 1 grant away from funding twice and may simply not be fundable for reasons out of our control. ** The City did receive funding for a residential development program but it has not been utilized most probably due to interest rates . I have reviewed the activity areas listed as weak. I have asked myself if existing departmental personnel can best fill our needs or if we might find the needed skills more readily by specifically advertising for them. I concluded that we could meet our needs much sooner if we went out and hired someone with the necessary skills rather than training our existing personnel which is what we did when we made Jeanne the director. The job description for 'the Community Development Director would be altered to focus on demonstrated success with commercial rehab loans, obtaining grants , promoting residential development and ;port authority experience. The first three items would be included based upon Table II and the last items based upon legislation passed by the 1986 State Legisltaive Session creating a generic Port Authority Law for cities to use without special legislation. Alternatives: 1. Council can advertise for a Community Development Director w/o any changes in the job description or the departmental structure. This avoids the risks that come with change. ( See current job description attached) 2 . Council can advertise for a Community Development Director based upon the new job description outlined in Table IV without the additional position of Planner I or its equivalent. This would address some of the "weaknesses" listed in Table II . It would provide no relief from the departments current work load just a shift in priorities. 3 . Council can advertise for a Community Development Director based upon the new job description and then a Planner I when the Ernst and Whinney Study is reviewed and staffing recommendations agreed upon. Recommendation: The present Community Development Department staff and I recommend alternative #3 for the reason dicussed in this memo. Action Requested: 1. Direct the City Administrator to advertise for a Community Development Director based upon our present department head pay scale and the new job description outlined in this memo. 2 . Direct the City Administrator to advertise for a Planner I based upon the job description outlined in this memo. Attachments tw POSITION DESCRIPTION s Position Title Director Planning & Community Development Department Community Development Accountable To City Administrator Primary Objective of Position To plan, direct and provide leadership for planning, economic develop- ment and HRA activities in a manner that will assure the effective administration and delivery of services ; and to propose, monitor and maintain sound community development plans and regulations which are current and consistent with Council policies , directives , codes and ordinances . Major Areas of Accountability Directs and administers planning programs to encourage orderly commu- nity development in accordance with applicable comprehensive plans and ordinances by providing professionally sound advice and recom- mendations for Planning Commission, City Council and HRA considera- tion. -- Establishes administrative procedures which encourage the thorough, consistent and timely review of development proposals . -- Determines compatability and consistency of development proposals with City development goals/plans . -- Recommends specific City positions on development proposals upon applicable ordinance provisions and professional judgement . Formulates and recommends plans for community development programs , and oversees economic development activities and implementation of comprehensive City plans in a manner that will assure their achieve- ment . -- Initiates and promotes public/private sector cooperation in securing economic development in the community. Reviews and evaluates new concepts , developments and approaches , and determines applicability to community development functions . -- Recommends revisions to city land use regulations , plans , policies and procedures to adequately respond to the current development environment , and to effectively meet needs and goals of the City. Provides positive leadership for all community development department programs and determines program priorities . -- Promotes and maintains cooperative work efforts among divisions of department to assure the effective department operation. Administers and coordinates approved HRA programs to assure compli- ance with contractural agreements , adopted budgets , regulations and policies . ,rector Planning & Community Development .,Wage Two �� �� -- Prepares HRA agendas , staffs HRA meetings and follows up on all HRA directives . -- Coordinates programs as necessary with appropriate Federal , State and County agencies . -- Monitors financial and contractural status of programs and accurately maintains required records . Monitors and evaluates all community development department functions and evaluates final results . -- Assures that work of all divisions is complete and sound, and that programs and staff output are consistent with City policies , goals and codes . Represents the Department with other City Officials , other govern- mental agencies , and the general public , in a manner that will assure i, continuing effectiveness in the achievement of City objectives . Prepares and administers departmental budget , including portions of the Capital Improvement Program with appropriate documentation for submission to the City Administrator. -- Assures that expenditures are consistent with the approved budget. Keeps City Administrator promptly informed of significant matters to permit effective performance of community development programs . Performs other duties as apparent or assigned. Examples of Performance Criteria Ability to creatively package and bring together the necessary public/ private sector elements for successful economic development programs and projects will be assessed by the number of such programs and projects successfully undertaken. Ability to formulate and implement long range community development i plans will -be assessed by timeliness of plans and consistency of recommendations for development with overall plan. Ability to provide adequate information and recommendations to City Council , City Administrator , and Planning Commission will be deter- mined by consistency, thoroughness and timeliness with which staff reports are provided. Coordination of activities within department will be gauged by the level o.f personel cooperation and effectiveness , efficiency and economy of operating the department . Capacity to work with builders and developers in City will be deter- mined by ability to represent and communicate City positions on specific economic development proposals and general planning issues such that they are understood by the parties involved. ,erector Planning & Community Development lage Three } Supervision of Others Direct supervision over Planner II and Secretary . Qualifications Training or experience equivalent to Master ' s degree in public administration, planning or related fields . Should have at least five years experience in government administra- tion, with increasing responsibility . Must have a thorough knowledge of state , federal and municipal policies and codes affecting department operations . Must have demonstrated ability to motivate , train , direct and super- vise others . Must be able to develop and maintain positive and effective working relationships with employees , elected and appointed officials , architects , contractors , developers and the general public. Must be a creative and innovative thinker. Must be able to communicate effectively orally, graphically and in writing. Yk Table III Suggested Departmental Structure Position Filled By Community Development Vacant Planner II Judi Planner I Vacant* Economic Development Specialist Barry Secretary Toni Total 5 positions * Based upon the staffing needs analysis from Ernst and Whinney, budget requests from the ICC and Planning Commission, the ICC' s Star City goals to be presented to Council April 8 , 1986 and general development activity, I am recommending that one of the new positions created be in the Community Development Department. E New Community Development Descriptions My first priority was to match the skills of existing personnel with our needs and then to "fill-in" the voids with new personnel having skills that meet our needs not matched with the skills of existing personnel. This matching process blended the City' s need to address our areas of weakness as noted in Table II and the desires of existing personnel to expand the duties into some new areas to broaden their skill and thus enhance their resumes. To accomplish this I 've tried to put the skills we don' t have in the directors job description where we' ll have the best chance to secure them because of the salary level, and I 've taken routine duties away from Judi and Barry so they , can branch out into new areas. Table IV matches duties with positions to accomplish this goal. ro U c � •�+ E U VI T o w 4-1 +) O m co CO w o -0 U) -,-I•°i � ami U co �4 U4J -W s4 •o 4-1 U ;-+ •.i CO U 3 a) U 7 to (1) 1.1 r-i U C 4-a w 41 r•-I 7�+ P4 ai 3 0 � co b 41 U U .. .. 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'L7 a ,•i NM `7LF) Ko -11 Y1 intr,lu TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Relocating of City Offices Within City Hall DATE: March 27 , 1986 Introduction The Shakopee City Council, based upon a requested submitted by the Community Development Director, chose not to rent the second floor of City Hall when it was vacated by the Job Service. Council took this action to make the space available for the relocation of City Hall offices to: ( 1 ) increase the space available to improve working conditions, ( 2 ) increase the availability of spaces for conferences and meetings with the public, and ( 3 ) accomodate possible additional personnel based upon the recommendations of the staffing study by Ernst & Whinney. Background Several alternative City Hall office relocation schemes were developed by the affected City Hall department heads. The final three alternatives selected were selected based upon their ability to address items 1 through 3 listed in the introduction above. Alternatives Plan I - Community Development moves upstairs From To Jeanette Mayor/Conference Room Mayor Jeanne ' s office John No change Judy No change Conference Room Judi ' s office area with construction of a wall Note, no other offices or rooms need to have their uses changed. This plan would provide for new offices upstairs for Community Development, one of which would be a small conference room. Also possible would be the placement of an accordion door at the rear of the Council Chambers to create a second meeting room area. Plan II - Finance Department moves upstairs, Clerk and Administrator move to Finance and Community Development expands into Administ- ration. Plan; II ( a) From To Mayor/Conference Room Upstairs conference room* John Gregg' s office Judy Marilyn ' s office Jeanette Eileen ' s office LeRoy Expands into Toni ' s office area *Note: The conference room can be moved upstairs and the Mayor ' s office could be moved into Eileen ' s office where Jeanette could function as his secretary along with John and Judy' s . Item II (b) From. To John Gregg' s office Judy Marilyn ' s office Mayor/Conference Room Eileen' s office Jeanette No change LeRoy Expands to Toni ' s office area* *Note: If a new receptionist were hired LeRoy would not be able to expand into this area. Plan II (c ) From To John Gregg' s office Jeanette Marilyn ' s office Mayor/Conference Room Eileen ' s office Judy Lunchroom Lunchroom Upstairs LeRoy Expands to Toni ' s office area Note,: Community Development would expand into Administration in Plan Iia-c as outlined in Plan III below. Plan III - Administration plus Mayor/conference move upstairs and Community Development expands into Administration. From To Jeanne John ' s office Judi Jeanne ' s office Barry Judy' s office Toni Mavor/Conference room LeRoy Expands to Toni ' s office area Finance No change Barry, & Judi ' s offices New Community Development employee or conference room i=,:;coiunendation The City Hall department heads , after meeting to discuss these alternatives on several occasions , recommend alternative 2.b. The final recommendation of the department heads was influenced by two major criteria: ( 1 ) frequency of departmental contact with public and ( 2 ) the frequency of interaction between depart- ments. Based upon the three goals in the introduction and the two just listed it became clear that alternative plan 2 .b. would work the best. Enhancements to alternative 2 .b. could include a small conference table in the City Administrator ' s office and the accordion curtain in the back of the Council Chambers to provide additional conferencing areas on the first floor. Finance would also create a conference area on the second floor since conference space has been at a premium. This department head recommendation is being reviewed by all City Hall employees and any additional considerations will be presented to Council on Tuesday. Action Requested 1. Authorize the appropriate City officials to present Council with cost estimates to refurbish the second floor to accommodate one conference room and the Finance Department. 2. Authorize the appropriate City officials to prepare a final cost estimate for the relocation of all offices as outlined in alternative plan 2.b. with the extra meeting room enhance- ments provided in the Council Chambers. JKA/jms abz `20, John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk` . ; RE: Resolution of Appreciation to Jeanne Andre DATE: March 27 , 1986 Introduction and Background The attached resolution was prepared as Council ' s request thanking Jeanne Andre for her years of employment with the City of Shakopee. Alternatives 1. Adopt resolution. 2. Defeat resolution. Action Recommended Offer Resolution No. 2538 , A Resolution of Appreciation to Jeanne Andre, and move its adoption. JSC/jms q a-/ RESOLUTION NO. 2538 A RESOLUTION OF APPRECIATION TO JEANNE ANDRE WHEREAS, Jeanne Andre has served as an employee of the City of Shakopee since December, 1979 until April, 1986 in the capacity of HRA Director/Administrative Assistant and during the past two and one-half years in the capacity of Community Development Director; and WHEREAS, during her tennure Jeanne has worked closely with members of the Planning Commission, Cable Communications Commission, Industrial Commercial Commission, Energy and Transportation Commission, Downtown Committee and the Housing and Redevelopment Authority, and WHEREAS, during this time Jeanne supervised the 4th and Minnesota Community Development Block Grant Revitalization Project, worked closely with the Cable Communication Commission in its selection and recommendation of a cable franchise, put together a Shakopee brochure for the ICC Day in 1985 , and has spent many hours working with the Downtown Committee in their efforts to establish a downtown economic development strategy, and . WHEREAS, Jeanne has worked many long hard hours, in excess of a regular work week, attending meetings and providing input for these various committees, as well as attendance at numerous Council meetings, and WHEREAS, Jeanne was always available to lend a helping hand to her fellow employees; and WHEREAS, Jeanne has accomplished all this while representing the City of Shakopee in a warm, sincere, professional manner. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, in behalf of the entire community that it hereby extends to Jeanne Andre the profound gratitude and heartfeld appreciation for her years of dedicated service to the City r of Shakopee. BE IT FURTHER RESOLVED that good wishes of the grateful people of Shakopee follow Jeanne Andre in her future endeavors both personally and professionally. Resolution No. 2538 Page Two Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1986 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day 1986 . City Attorney 7t) Yi :�C3 `O: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk ; RE: Resolution of Appreciation to LeRoy Heitz DATE: March 27 , 1986 Introduction and Background The attached resolution was prepared as Council ' s request thanking LeRoy Heitz for his years of employment with the City of Shakopee. Alternatives 1. Adopt resolution. 2. Defeat resolution. Action Recommended Offer Resolution No. 2539, A Resolution of Appreciation to LeRoy Heitz, and move its adoption. JSC/jms RESOLUTION NO. 2539 A Resolution of Appreciation to LeRoy Heitz WHEREAS , LeRoy Heitz has worked for the City of Shakopee as a parttime building inspector for the past one and one-half years ; and WHEREAS, during his employment, LeRoy took his responsibilities seriously and performed them in a conscientious manner; and WHEREAS, LeRoy well represented the City of Shakopee during his employment. NOW, THEREFORE BE IT RESOLVED that the Shakopee City Council does hereby extend a token of thanks and appreciation to LeRoy Heitz for his dedication and hard work during his employment with the City of Shakopee and wishes him well in his future endeavors. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this day of 1986 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1986 . City Attorney tR 0V E7 D � b LAW OFFICES WAR 3 11986 KRASS & MONRO3 CHARTERED Marschall Road Business Center Phillip R. Krass 327 Marschall Road Dennis L. Monroe P.O. Box 216 Barry K. Meyer Shakopee, Minnesota 55379 Trevor R. Walsten Telephone 4455080 Peter L. Cooper Elizabeth B. McLaughlin Livery Building 218 Pine Street Bryan Wm. Huber Susan L. Estill P.O. Box 316 March 28, 1986 Chaska. Minnesota 55318 Telephone 4487666 CONFIDENTIAL MEMORANDUM TO: The Honorable Mayor and City Council Members City of Shakopee FROM: Phillip R. Krass RE: NSP Utility Lawsuit Our File No. 1-1373-188 Dear Mayor and City Council: I have been discussing the status of our lawsuit with NSP's attor- ney. The lawsuit was somewhat difficult to structure since I did not want to pay NSP the money first for fear of waiving our rights to sue them for it later. Consequently, I filed the lawsuit in terms of getting a declara- tory judgment requiring them to move the poles. The problem with this approach is that if failure to move the poles threatens our State Aid Assistance, we will have muddied up the water considerably. I have been negotiating with NSP's lawyer and we are in agreement, subject to your approval, to the following: We will pay NSP now and they will accept the money and move the poles, reserving to us the right to sue them to obtain a refund of the money. This "reservation of rights" will allow us to get the job done now without waiving our right to obtain a refund later. I am strongly recommending we do this because it clarifies the legal issue considerably. Moreover, I am informed by NSP that while they have crews available for the next three weeks, after that they are going to be very busy and will have trouble moving the poles. REQUESTED ACTION: I am requesting that by motion you authorize the payment of the requested fee from NSP and authorize me to forward to them with correspondence reserving our right to attempt to recover that fee. Very truly yours, KRASS & MONROE CHARTERED Phillip R. Krass PRK:mj tCEIVE® IE)(-- MAR OMAR 110 CITY OF SHAKOPEE April 1, 1986 City Administrator Shakopee City Hall 129 First Avenue East Shakopee, Minnesota 55379 I Dear John Anderson: The League of Women Voters of Shakopee is celebrating its tenth anniversary this year. We are having a gala event on April 17 with a silent auction as a main attraction. We are asking for community support through donation of auction items_ The League would be most appreciative if the City could donate a family swimming pass at the Shakopee pool . Anything donated is, of course, tax-deductable. Invitations to this event will be sent out seperately. Hope to see you there! Sincerely, Lill Abeln Auction Committee League of Women Voters of Shakopee 1 i