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HomeMy WebLinkAbout03/01/1988 MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Non-Agenda Informational Items DATE: February 25, 1988 1. Attached is a memo from Jim Karkanen, Public Works Superintendent, and Tom Brownell, Police Chief regarding the City's calendar parking policy. 2. Attached is a copy of the City' s standard operating procedures regarding the enforcement of snow removal from public sidewalks dated February 17, 1988. 3. Attached is the monthly calendar for the month of March. 4. Attached is a letter from Mr. David Hutton accepting the position of City Engineer with the City of Shakopee and requesting that he be able to delay his starting until April 4, 1988 which I have agreed to. 5. Attached is a letter to Mr. Alan Ackerberg of Ackerberg and Associates, Inc. reminding them that their park dedication fee is due prior to receiving a Certificate of Occupancy for their apartment building. (Councilman Scott mentioned this at the worksession. ) 6. Attached is a copy of the policy of property tax reform principles adopted by the Association of Metropolitan Municipalities. 7. Attached is a letter from Ronald L. Rudrud, Vice President of the City Engineers Association, advising us of their position on increasing the gasoline tax and on the use of motor vehicle excise tax and asking that cities support their position. These pieces of legislation have passed the House and Senate Transportation Committees. 8. Damile, Inc. (Shenandoah Ballroom) has decided not to renew their cigarette license for 1988. This is a result of the City Code requirement that no licenses be issued if an applicant is delinquent on paying taxes, assessments, utilities or any other financial claims of the City. Damile, Inc. has not paid the second one-half of the 1987 payable taxes. 9. Attached is a memo from Ray Ruuska regarding the WMO Group meeting. 10. Attached is a memo from LeRoy Houser regarding a house at 735 East 1st Avenue. 11. Attached are the agendas for the March 3, 1988 meetings of the Board of Adjustment and Appeals and Planning Commission. 12. Attached are the minutes of the January 28, 1988 meeting of the Planning Commission. 13. Attached is the agenda for the March 2, 1988 meeting of the Community Development Commission. 19. Attached are the minutes of the February 3, 1988 meeting of the Community Development Commission. JKA/jms CITY OF SHAKOPEE PUBLIC WORKS DEPARTMENT MEMO TO: ..JOHN ANDERSON CITY COUNCIL FROM: JIM KARKANEN-PUBLIC WORKS TOM BROWNELL-POLICE SUBJECT: CALENDER PARKING REVIEWAL #4 DATE: FEB. 24TH, 1988 INTRODUCTION: This reviewal of our snowplowing ordinance is intended to provide some of the newer members of our City Council with a background of how residential parking creates problems for anowplowing operations, and how the parking ordinance regiments residential parking in order to help facilitate these plowing operations, and cleanup operations after a major snowstorm. This parking restriction also allows for tagging or towing an abandoned vehicle after 24 hours instead of the previously allowed 48 hours, thus assisting the Police department in removing "anowbirds" and abandoned vehicles. BACKGROUND Calender parking restrictions were initiated in 1964, but were virtually impossible to enforce because they could only be implemented by a public announcement on the local radio station. For obvious reasons, this system did not work, and could not be enforced, and was virtually ignored by the public, and the involved departmental agencies. After encountering many parking and plowing problems during the winter season of 1981-82, in which we received 95.0 inches of snow, the current calender parking ordinance, #107 , Section 9.50 was formally adopted October 19, 1982, and was used initially for the winter season of 1982-83, at which time we received 74. 4 inches of snow. We felt that the adoption of the parking ordinance was timely because of the numerous times that we had to plow, and because of the accumulation of snow building up at the curbline was restricting parking space, thereby creating narrower street passageways which were considered a safety problem when car were parked on both sides of the streeet. We also found that there are some streets that became so narrow that emergency vehicles could not properly pass through the area. REVIEWALS: This ordinance was reviewed by the Public Works and Police departments after the inaugeral season, and this report was submitted to Council for their comments on May 12th, 1983 . It was recommended that we continue using the winter parking restrictions in succeeding years, but a year-round ban was suggested for the CBD area from 2 AM until 6 AM. This downtown parking restriction was suggested because the Police department found that they could more easily identify "suspicious" vehicles parked downtown, and the Public Works department could conduct sweeping, cleaning and maintenance activities early in the morning before the parking spaces became occupied. This early morning ban also encouraged the downtown residents and tenants to use the downtown parking lots for overnight parking. This recommendation was adopted and implemented for the 1983-84 winter season in which we received 98.6 inches of snow, and we felt that the winter parking restrictions were very helpful in our plowing operation. The winter season of 1986-87 was nearly devoid of snow ( 17" ) , and we were requested to provide another reviewal of the parking ordinance which was submitted this spring, on April 30th, 1987 , at which time it was recommended that the early morning parking ban be changed from midnight to 2:00 AM. , and end at 6:00 AM, instead of 8:00 AM. This change was recommended and instituted in order to allowing residential parking for late evening guests in the residential neighborhoods until 2 AM. SNOW CHART 1980-81 21. 1" 1981-82 95 .0" 1982-83 74.4" 1983-84 98.6" 1984-85 72.7" 1985-86 69.5" 1986-87 17.4" 1987-88 approx. 40" to date EXEMPTIONS: The Ordinance also allows Council to grant exemptions to the parking restrictions when presented to Council, and the Council agrees that a hardship exists . These exemptions can be granted on an individual basis, and we have found that when a resident uses an electric heater plug-in, this will create a problem when parking across the street. It is also apparent that living on a cul-de-sac can create problems in certain locations. The Central Elementary School block was previously exempted after 7 AM, in order for the teachers to be able to park their vehicles before school started, and before the parking ban was officially over at 8 AM. This exemption was granted on Nov. 15th, 1982, but isn't needed now because the current ban now expires at 6 AM. GOOD OLD DAYS: Prior to implementation of the calender parking enforcement, the Street department had somewhat resigned itself to the fact that parked cars, and snowbirds were an occupational stigma that we simply had to contend with. It was common practice for vehicle owners to deliberately park their vehicles in front of their driveway so the plow wouldn't leave a windrow across their driveway opening, or worse yet, they would park their vehicle next to their neighbors driveway or across the street. This action would generate phone calls and complaints for several weeks following a plow operation, and/or we would find ourselves sending trucks into the neighborhoods several times each day, for several weeks, attempting to clean these snowpiles. This practice became very expensive because of the time and labor involved trying to clean up the residential streets. Of course, if the snow pile was located next to a driveway, or a neighbor's driveway, then we would hear about it immediately• This resulted in a very unorganized plow cleanup, and created many hard feelings between neighbors, and of course was a negative reflection on our department trying to clean the streets. This also became very expensive because the trucks had to be dispatched on every call, and the plow routes had to be inspected daily for several weeks following plow operation. The Police department also had many problems with this type of a "reaction" situation, because the offenders were very hostile towards having their vehicles towed, and the Street department was obligated to return and clean up the snow pile after the vehicle was towed. This unorganized cleanup operation was very bad for public relations for the Street and Police departments, not to mention an unnecessary cost to the cleanup. It must be noted that this winter season of 1987-88, we have not had to tow any vehicles from the residential areas because of neighborhood or departmental complaints. After a storm, a cleanup is absolutely necessary because of subsequent snowfalls which will make it very difficult to keep Plowing to the curbline if the snowbank at the curb becomes too high. By not being able to keep the snow plowed to the curbline, the street becomes very narrow, and if cars are parked on both sides of the street, eventually two-way traffic cannot safely pass in the center of the street, and emergency vehicles cannot use the streets. We have found that this is especially true on some of our newer subdivisions where narrower streets seem to be constructed lately. There are also many of our older streets that seem to have many cars parked on the street because of multiple dwellings, such as East Shakopee Ave from Marschall Road to Naumkeag street. With cars parked on both sides of the street, only one lane traffic is permitted on Shakopee Avenue and two-way traffic cannot meet each other safely. On a snowfall which requires plowing, (usually after 2" , ) the Street department will start their plow operation as early as Possible knowing that the majority of residential parking is on one side of the street. This ban will expire after 6 AM, but there are not that many people moving their vehicles into the neighborhood, they normally are exiting the residential area. By cleaning the street full width, (with parking permitted on one side of the street) , we can at least get close to the curb l on the other side of the street, and we will schedule one plow vehicle to check and clean up the other side of the street the next morning. After we check the residential areas the following day, we are then finished with the snowplow operation, because the street has been reasonably cleaned up, no snowbirds are left, and public reaction is minimized. The Police department does not have to get involved except for enforcement, which is incidental to their night patrol when time permits. Again, we have not, to my knowledge, had to remove any snowbirds on a complaint basis this winter season, which is saying that the system does work. ENFORCEMENT: When the parking restriction begins on November 15th, the Police Department will only issue warning tickets for violators for the first 15 days of the ban, unless there is an extraordinary amount of snowfall, or excessive frequency of snow plow operations required. In previous years, the Police department has generally issued 1 ,000 to 1, 300 tickets per year, and this year the Police department has issued 396 to date, with a projection of approximately 600 tickets to be issued for the season. During the winter of 1986-87 , a part time person was contracted to issue tickets during an early morning time period in order for the squad cars to be patrolling in other areas. This season, our squad cars are patrolling the neighborhoods again as time permits. NOTIFICATION: The Street department has installed large warning signs at the major entrances to our City as a reminder and notification that there is a parking restriction in our City. We have also installed approximately 45 warning signs in strategic locations in our neighborhoods so that they serve as a constant reminder that we have a parking ordinance. These locations are generally where there are streets leading into a neighborhood addition, or where there has been an extraordinary number of tickets issued, or in a location that appears to have many new or transient vistors or tenants. We also include a "stuffer" in the SPUC utility bill during the first month of November (or December) explaining the ordinance to the public. There is also a legal notice placed in a block add in the local newspaper, and there usually is a column notice by the Police department or a friendly reminder to the public. It is our impression that the public is well aware of the parking restrictions, but there will always be people who will totally ignore the ordinance with no regard to the purpose of the parking restrictions. The parking restrictions must always be enforced irregardless of the fact that it might be a during a dry period of snow, or an unusually dry winter season. It would be absolutely impossible to apply a restriction, or enforcement to this type of an ordinance during the middle of the season, or only during a snowstorm. It must be applied and consistently enforced for the entire season realizing that we will never be able to satisfy every resident. ALTBRNATIVB METHODS USED: Some of our neighboring communities have various other parking restrictions that they use during the winter season: 1 . A continual ban on street parking during the winter season, and/or a year around ban at all times. The City of Bloomington tried a winter ban several years ago, and it was not accepted by the public. The City of Duluth bans parking on one side of the street for a full year, then will ban the alternate side of the street for the following year. They have been doing this for at least 20 years. It is our understanding that the City of Burnsville has a city wide parking ban during any snowfall. 2 . Some of the larger cities will ban parking only after a snow emergency has been declared by City officials. They only declare this type of an emergency only when a major snowstorm develops, and they do not plow they smaller snowfalls. Needless to say, we have probably finished our plow operation, and probably cleaned up by the time they have started their declared snow emergency. We would never want our plow operation to be compared to their snowplow system. A major problem with this type of operation, is that this system has to be declared in the media, and this does not guarantee that everyone is going to receive notice, and this operation also requires a special towing schedule with a lot of bad public relations. 3. Some of the smaller suburbs and local communities, will declare an automatic emergency after the snow depth reaches 2" or 3 inches of snow, and then the parking restriction is in effect until the snow is plowed to the curbline. One of the major problems with this method is that during a major snowfall , it is our practice to plow "with" the storm in order to keep the traffic moving, this means that some streets may be plowed more than once during a major snowfall . Another major problem with this system is location of the snow depth measurement, and who will make this measurement. It is conceivable that a snow measurement like this could be easily beaten in court. We find that snow amounts will vary greatly in our City, and winds will greatly affect this measurement. The official measurement of the Twin Cities is at the International Airport, which is some 30 miles away from us. We have also been forced to begin a snow plow operation because of drifting snow caused by high winds which would not qualify as an official snow depth measurement. Every community seems to have a parking restriction program that seems to work for them as it is applied to their snow removal operation, proving that it is considered essential to control parking to have an efficient snow removal program. + STANDARD OPERATING PROCEDURES ENFORCEMENT OF SNOW REMOVAL FROM PUBLIC SIDEWALKS FEBRUARY 17, 1988 1988 1] The city does not inspect property systematically for violations of the city code relating to snow removal from public sidewalks. 21 when the city receives a complaint that a property owner has not removed snow from his sidewalk within the period required by the city code, the Building Inspector will inspect the property to verify that there is in fact a violation. 31 If there is a violation, the Building Department Secretary will call the property owner and advise him of the city requirements on snow removal from public sidewalks and ask him to remove the snow bW a specific date. (NOTE: This call will be plAced only on the first violation each time thereafter the city will simply have the snow removed. ) 91 The Public works Superintendent will inspect the property a second time, when the specified date has passed, and if the snow has not been removed, he will contact the city' s contractor to remove the snow. 5] After receipt of the bill from the city's contractor, the Finance Department will bill the property owner for the cost of removing the snow from the sidewalk. (The bill will include an additional 208, over and above the contractor' s bill, for administration. ) 6] If the bill is not paid, it will be assessed to the property owner (pursuant to the city code) and will be certified to the county auditor and collected with the property taxes the following year. It was the consensus of the Public Works Superintendent, Building Inspector, City Administrator and City Clerk that the above procedure be implemented this year in order that violators might become aware of the city's intent to enforce the snow removal ordinance. In 1989, a notice will be placed in the SPUC bills advising property owners of the city' s snow removal requirements. This will occur at the same time property owners are reminded of the alternate parking regulations. v 1989 i] The city will not systematically inspect for violations of the city code relating to snow removal from public sidewalks. 21 When the City receives a complaint that a property owner has not removed snow from his sidewalk within the period required by the city code, the Building Inspector will inspect the property to verify that there is in fact a violation. 3] If there is a violation, the Building Inspector will advise the Public works Superintendent who will contact the city's contractor and request that he remove the snow. (NOTE: The City will not call violators; the notice in the SPUC bills will serve as their first notification) 4] Same as 5 above 51 Same as 6 above CC: City Administrator City Clerk Building Inspector Public Works Superintendent City Council March 1988 UPCOMING MEETINGS SUN MON TUE WED THU FRI SRT 1 2 3 4 5 7:00pm City 5:00pm CDC 7:30pm Council Planning Commission 6 7 8 9 10 Ti- 12 4:30pm 7:30am 7:00pm Public Downtown Eneroy & Utilities Committe Transp. 7:00pm Council/ Dept. Head 13 14 15 15 17 18 19 7:00pm City Council 20 2100pm 22 23 24 25 25 Community Recreation 27 28 29 30 31 February Apr! iI S M T W T F S S M T W T F S 1 2 3 4 5 6 1 2 7 8 9 1 0 1 1 12 13 3 4 5 6 7 8 9 14 15 16 17 IS 19 20 10 11 12 13 14 15 16 21 22 23 24 25 26 27 17 18 19 20 21 22 23 28 29 24 25 26 27 26 29 30 none 02/25/1986 716 North Street West Bend, WI 53095 February 19, 1988 Mr. John Anderson La.'..,..= _. City Administrator City of Shakopee 129 E. 1st Street Shakopee, MN 55379-1376 CII Y OF S4AiKOFE= Dear Mr. Anderson: Please be informed that I have received your February 12, 1988, letter outlining the terms of your employment offer to me for the position of City Engineer for the City of Shakopee. On February 17, 1988, you called me to Inform me that the Shakopee City Council had approved of the screening committee's recommendation to offer the position of City Engineer to me. At that time, I verbally accepted your offer. This letter is to officially inform you that I will accept the position of City Engineer based on the terms you outlined in your February 12, 1988, letter. As I Indicated on the phone, my last day of employment with the City of West Bend is March 18, 1988. While I am just as anxious to begin my career as your City Engineer as you are to have me start I am respectively requesting that my start date be delayed until April 4, 1988, due to moving from West Bend, wrapping up all the loose ends here, getting settled in our new hone in Shakopee, etc. If this is going to create any problems please give me a call and I 'm sure we can work something out. A lot depends on when we can move into a now place in Shakopee. My wife and I will be coming to Shakopee within the next few weeks to look for a place to live and we will be contacting you ahead of time on our arrival. We are very excited about moving to Shakopee and 1 am personally very excited about becoming the City Engineer. Sincerely, IL David E. Hutton, P.E. DEH/pb CITY OF SHAKOPEE j • INCORPORATED 1870 129 EAST FIRST AVENUE,SRAKOPEE, MINNESOTA 55379-1376 (612)4453650 ' ^V January 29, 1988 Mr. Alan C. Ackerberg Ackerberg and Associates Inc. 4201 Excelsior Blvd. Minneapolis, MN 55416 Re: Park Dedication - Country Village Apts. Dear Mr. Ackerberg: This letter is to confirm our conversation of September 3, 1987, regarding the park dedication for Country Village Apartments in the amount of $14,536. 00. This amount is to be paid prior to receiving a Certificate of Occupancy for the project. I£ you have any questions regarding this, please feel free to contact me. Since&der�son John K. City Administrator JKA:cah i The Heart of Progress Valley association of BULLETIN metropolitan murncipalrtleg FE81 61988 CiTy Or- SHAKOPEE February 10, 1988 - Dear AMM Member City Official: The Association of Metropolitan Municipalities Revenue Committee and Board of Directors has been monitoring closely the proposals for Property Tax Reform. Based on many hours of study and debate, the Committee and Board determined to establish a set of priniciples rather than support or oppose any one entire legislative proposal, especially since each proposal has been changing almost daily and will most certainly be modified in the legislative process. i Enclosed for your information and comment if you wish, is the Policy of Property Tax Reform Principles adopted by the AMM Board on a 14 to 2 vote at its February 4, 1988 meeting. Two major concerns arose during the discussion of the reform proposals. One was over an apparent shifting of current and future credit/aid from metro to outstate and the other was shifting more tax burden onto metro homesteads. The principles speak directly and indirectly to these major points. Some AMM Board members and cities do have a concern about point #12 which suggests adding $100 million. However, generally speaking if property tax reform is implemented with the intent to decrease the property tax burden on C/I and certain other property without increasing the burden on homes, then it is conceded by the majority that some additional money is needed. PLEASE CONVEY YOUR SUPPORT OF THESE VERY IMPORTANT PRINCIPLES TO YOUR LEGISLATORS! 183 university avenue east,st. paul, minnesota 55101 (612) 227-5600 E THE BOARD OF DIRECTORS OF THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES SUPPORTS THE FOLLOWING PRINCIPLES AS APPLIED TO PROPERTY TAX REFORM PROPOSALS: CLASSIFICATION: 1 . A property tax classification system of 10 classifications or less. 2. Reform measures should not artifically reduce property value in certain communities, increase property value disparity between high and low value communities, or reduce the ability to pay for locally determined needed facilities. 3. Changes to the classification system should include changes that keep Fiscal Disparities and Tax Increment Financing neutral . CREDIT/AID: 4. Maintain Homestead Credit and Local Government Aid as two separate programs. 5. A homestead credit system that provides relief to homeowners is preferred over an artificial system. 6. The link between local expenditures and both credit and aid programs should be severed for future increases to eliminate the perception of rewarding discretionary spending. 7. State aid or Local Government Aid which is tied to increases or decreases in the state's general revenue (city, county, school, taxpayer) . BURDEN: 8. Commercial/Industrial property tax relief is supported but not at the expense of metro area homesteads. 9. A system that provides equalization to the city, county, school district and the individual taxpayer to some degree. 10. A multiyear computer run to analyze the long term impacts of a property tax proposal, and a review of the proposal regarding its impact on the distribution of tax revenue to the metropolitan and non-metropolitan areas of the state to insure that the imbalance or shift to non metro is not exacerbated . OTHER REFORM: 11 . Review of the property tax burden upon high-valued homesteaded residential property. 12. At least $100 million additional annual revenue for property tax reform is supported. 13. A full disclosure property tax statement (discloses local taxing district levies, state paid relief and homestead relief) . 14. Changing the payable 1989 property tax law. CITY ENGINEERS ASSOCIATION of MINNESOTA February 10, 1988 T0: Mayors, Councilmembers, City Administrators, R-Ccc.ne—' , City Clerks, and City Engineers FEB 1 61988 RE: Highway Funding C/TyOF�,HAPCOAEE At the City Engineers Association of Minnesota annual business meeting on January 21, 1988, the need for. additional monies to preserve existing roadways, reconstruct roads as necessary, and complete construction of the roadway system was discussed. A motion was passed supporting the highway funding recommendations of the Transportation Finance Study Commission. The recommendations are outlined in the enclosed document. The two primary recommendations are that the gasoline tax be increased by three cents per gallon effective June 1, 1988, and that the share of the motor vehicle excise tax (MVET) revenues going to transportation be increased from the present 58 to 358. The motion directed that cities be informed of this position of the City Engineers Association of Minnesota, and be asked to take action supporting this position. Mayors, councilmembers, administrators and other individual representatives of cities are also requested to contact their legislators to ask them for their support of the recommendations of the Transportation Finance Study Commission. A sample resolution is enclosed for your consideration. Your support of this very essential funding increase for transportation is encouraged. Yours truly, Ceoru L . 9—AA-4, Ronald L. Rudrud, P.E. Vice President, CEAM RLR/an Sample Resolution RESOLUTION # WHEREAS, there is a need for additional funding for highways to preserve the existing roadways, reconstruct roads as necessary, and complete the incomplete system of roadways; and WHEREAS, the 1981 Minnesota State Legislature directed that the motor vehicle excise tax (MVET) be transferred to Transportation by increasing increments of 258 percent per biennium beginning with 1984-85 biennium and ending with the total transfer in the 1990-91 biennium; and WHEREAS, the 1981 Legislative law directed that of the amounts transferred to Transportation, 758 go to the Highway Users Tax Distribution Fund (HUTDF) and 258 to the Transit Assistance Fund (TAF); and WHEREAS, the 1983 Legislature, reacting to the State's general fund shortfall, delayed the MVET transfer to the 1986-87 biennium; and WHEREAS, the 1984 Legislature modified the schedule by advancing the first phase of transfer to the year 1985 and was to continue through the 1986-87 biennium; and WHEREAS, the 1986 Legislature acted to eliminate the transfer of MVET funds for the 1986-87 biennium; and WHEREAS, the 1987 Legislature acted to eliminate the transfer of MVET funds for the 1988-89 biennium; and WHEREAS, the roadway systems under the jurisdiction of State, County, City and Township can no longer be maintained to minimal standards utilizing current funding; and WHEREAS, the liveability of Minnesota is highly dependent upon its transportation system of which the roadway system is the major artery; and WHEREAS, a major portion of the roadway system in the state is over 40 years old and in need of major repairs or reconstruction; and WHEREAS, the roadway systems will continue to deteriorate at a faster rate than current funds will provide for future repairs or reconstruction; and WHEREAS, the major issue is to provide sufficient funds to meet the needs. of the total transportation system within the State of Minnesota; and WHEREAS, the Transportation Finance Study Commission has made recommendations to provide additional funding. NOW THEREFORE BE IT RESOLVED BY THE CITY OF that the city strongly endorses the State Legislature providing additional funding for transportation; and FURTHER, since the Transportation Finance Study Commission recommendations will provide such additional funding, the State Legislature is encouraged to consider adoption of their recommendations as outlined in the Transportation Finance Study Commission's working draft document dated January 7, 1988. PASSED by the city council of this day of 1988. MEMO TO: John K. Anderson, City Administrator FROM: Ray Ruuska, Engineering Coordinator Z� SUBJECT: WHO Croup Meeting - DATE: February 26 , 1988 INFORMATION ITEM During the meeting of February 18, 1988 the WHO representatives voted to support the City of Shakopee and to encourage the Prior Lake - Spring Lake Watershed District to accept and satisfy the conditions set by City Council for petition of the proposed new watershed boundaries. The conditions are as follows: 1 . The Prior Lake-Spring Lake (PLSL) Watershed District will provide assurances that the provisions of the joint powers agreement between the City of Shakopee and the PLSL Watershed District will be maintained. 2. That property owners in Shakopee that are included into the PLSL Watershed District by boundary realignment not be subject to payment for repairs and maintenance of the Prior Lake overflow project. �n MEMO TO: City Council FROM: LeRoy Houser, Building Official RE: 735 East 1st Avenue DATE: February 26, 1988 As you have probably noticed, the house on the corner West of the I.C.O. gas station has the windows, doors and screens knocked out and is roped off. This property is being razed through a "friendly" condemnation. The house was substandard and I notified the owner to repair the building or I would condemn it. They offered to let the fire department use it as a drill property if I condemned it. I said that would be fine. i The building should be down and the site cleaned up with the next two to three weeks. LH:cah TENTATIVE AGENDA BOARD OF ADJUSTMENTS AND APPEALS Regular session Shakopee, MN March 3, 1988 Vice Chairman Czaja Presiding 1. Roll Call at 7:30 P.M. 2. Approval of Agenda 3. Election of Officers 4. Passing of the Gavel _ 5. Year End Report Action: Recommendation to City Council 6. Other Business 7. Adjourn Douglas K. Wise City Planner NOTE TO THE B.O.A.A. MEMBERS: 1. If you have any questions or need additional information on any of the above items, please call Doug Wise on the Monday or Tuesday prior to the meeting. 2. I£ you are unable to attend the meeting, please call the Planning Department prior to the meeting. l� TENTATIVE AGENDA PLANNING COMMISSION Regular Session Shakopee, MN March 3, 1988 Vice Chairman Czaja Presiding 1. Roll Call at 7:30 P.M. 2. Approval of Agenda 3. Election of Officers 4. Passing of the Gavel 5. Approval of January 28, 1988 Meeting Minutes 6. 7:30 P.M. PUBLIC HEARING CONTINUED: To consider amendments to the Shakopee City Code Chapter 4, Section 4.30 entitled "Signs-Construction, Maintenance and Permits". Action: Recommendation to City Council 7. 7:40 P.M. PUBLIC HEARING: To consider a Conditional Use Permit to move-in a office building upon the property located at 7700 Highway 101. Applicant: Northstar Auto Auction Action: Conditional Use Permit Resolution #520 8. 7:50 P.M. PUBLIC HEARING: To consider the preliminary plat approval of Prairie Estates, upon the property located South of 11th Avenue, West of County Road 17 and East of the Meadows 1st Addition. Applicant: Jerome & Lawrence Vierling Action: Recommendation to City Council 9. 8: 00 P.M. PUBLIC HEARING: To consider the rezoning of The property located on Lots 8-12, Koeper's Addition (South of 2nd Avenue and East of Adams St. ) and the area immediately East of Lot 8 extending to the Western line of Lot 12, Block 175, Original Plat from I-1 to I-2. Applicant: Fred Thole & Karen DuPont Action: Recommendation to City Council 10. 8:10 P.M. PUBLIC HEARING• To consider the amending of the Shakopee City Code, Sections 11.02-11.05, 11.27-11.34, 11.37, 11.60 and 12.07. Action: Recommendation to City Council 11. Amendment of the City's Comprehensive Plan and MUSA Line to include area to be annexed into the City Action: Recommendation to City Council 12. Year End Report Action: Recommendation to City Council 13. Discussion a. Private Roadways b. 14. Other Business 15. Adjourn Douglas Wise City Planner NOTE TO THE PLANNING COMMISSION MEMBERS: 1. If you have any questions or need additional information on any of the above items, please call Doug Wise on the Monday or Tuesday prior to the meeting. 2. If you are unable to attend the meeting, please call the Planning Department prior to the meeting. PROCEEDINGS OF THE PLANNING COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA JANUARY 28, 1988 Chairwoman VanMaldeghem called the meeting to order at 7:30 p.m. with Comm. Foudray, Czaja, and Schmitt present. Comm. Forbord arrived late. Comm. Rockne was absent. Also present were Douglas Wise, City Planner; Steve Clay, Councilmember; and Dennis Kraft, Community Development Director. Schmitt/Czaja moved to approve the agenda as written. Motion carried unanimously. Czaja/Foudray moved to approve the minutes of December 3, 1987. Motion carried with Comm. VanMaldeghem abstaining because of her absence. Czaja/Schmitt moved to open the Public Hearing to consider amendments to the Shakopee City Code Chapter 4 , Section 4.30 entitled "Signs-Construction, Maintenance and Permits. " Motion carried unanimously. The City Planner reviewed the amendments that staff has made as per the Commission's recommendations from their meeting on January 7th. There was some discussion on utility signs (gas signs, underground cables, etc. ) The City Planner felt that it would be considered a Government sign. It was the consensus that utility signs should be addressed within the sign ordinance as some of these signs can be quite large. Dennis Kraft said that signs of 2 square feet or less can be allowed and if the sign needs to be bigger the utility company would have to gain approval or get a blanket permit. He said the City will look into this matter further. Comm. Schmitt has a concern on page 13, Section 6, he suggested that it read no sign should exceed 200 square feet. Schmitt/Czaja moved that regardless of frontage area that no individual tenant shall be allowed signage exceeding 200 square feet. Motion carried unanimously. Chairwoman VanMaldeghem asked if there was anyone from the audience who wished to address this issue. Larry Griffith, Valleyfair Representative, said he submitted language and modifications that he would like to see included in the ordinance as it relates to Valleyfair. There was some discussion as to directional signage, versus informational. He suggested that the City clarify their intent further in regards to directional signs. Valleyfair has a concern as to the limitation of size of signs for Commercial Recreation Use. Tom Brock, Canterbury Downs, has a concern as to internal signs not being for viewing from outside the facility. He also said he would like clarification as to what public right-of-way is. Planning Commission January 28, 1988 Page 2 Schmitt/Forbord moved to continue public hearing to March 3 , 1988. Motion carried unanimously. Schmitt/Czaja moved for a 5 minute recess. Motion carried unanimously. The meeting was called back to order at 9:50 p.m. There was considerable discussion as to whether or not Certainteed Corporation is required to screen their outdoor storage area. It was the recollection of the Building Inspector that they were given an exemption from the screening requirement at the time of construction. The staff was unable to locate . a copy of the original Conditional Use Permit. Gary Swenson, Certainteed Corporation said that if they were to screen their storage area from the roadways surrounding their plant, a person could see right over the top of the fence. There was some discussion as to whether or not vegetation could be used on the inside of the fence line for screening. Schmitt/Czaja moved to require Certainteed to screen all outdoor storage areas constructed since January 31, 1985 as required by the City Zoning Ordinance and that Certainteed has the legal right to apply for a variance from the screening requirements for outdoor storage if they can substantiate a hardship in meeting those requirements. Motion carried with Comm. Forbord and Foudray opposed. Comm. Forbord said he has a concern on setting too many limitations on the businesses already here and new ones yet to come. He feels mounding and vegetation would make for a more desirable screening, and that fencing is not necessarily the intent of the ordinance. There was considerable discussion on whether or not the Urban Redevelopment District that was created has accomplished the intent for which it was intended. Comm. Schmitt brought up the possibility of using City resources to generate new employment, in particular some of the surplus tax increment money available to the City. Mr. Jonquist, Fairest Made Foods, said it would be easier for him to stay in Shakopee where he is now but the current URD established has set too many limitations for him to expand. His business is increasing and he needs more space. Forbord/Schmitt moved to repeal Ordinance No. 215 (URD) which will cause the property within the district to convert back to B-1. Motion carried unanimously. Planning Commission January 28, 1988 Page 3 Schmitt/Foudray moved to direct staff in the form of the Community Development Director to prepare a list of alternatives and options that are available to us under the current legislation for assisting this particular business. The Planning Commission is willing to participate in this action and recommend a plan to the City Council. Motion carried unanimously. There was some discussion on the grade levels of the streets in Shakopee. Comm. Forbord would like to see the City take a closer look at getting a little closer to the 8% grade level as a maximum requirement or more people will be coming in for variances. Consensus was to have staff give some direction on this item. Foudray/Schmitt moved to set a public hearing for an amendment to the Ordinance for March 3, 1988. Motion carried unanimously. Schmitt/Czaja moved that the new appointments for the Planning Commission be made effective at the meeting immediately succeeding February 4th, & that the City Council be requested to advise the appointees that they should be present at the February 4th meeting. Staff will provide packets to the new appointees so that they may follow the meeting while acting in an audience capacity. Motion carried unanimously. Czaja/Schmitt moved to adjourn. Motion carried unanimously. Meeting adjourned at 11:10 p.m. Douglas Wise City Planner Carol Schultz Recording Secretary /3 Note Meeting Time: 5:00 P.M. TENTATIVE AGENDA Community Development Commission City Hall Council Chambers March 2, 1988 Chrmn. Keane Presiding 1. Call to order at 5:00 P.M. 2. Approval of the minutes - February 3, 1988 3. 1988 CDC Open House - Pat Dawson 4. Scott County Update - Joe Ries 5. Discussion Items: (Verbal) a. Developers Newsletter - Focus b. CDC Newsletter - May Issue - Focus C. Business Person Breakfast - Survey Results 6. Economic Development Update: (Verbal) a. Valley Mall Project b. C. d. 7. informational Items: a. Decision Resources LTD b. School Referendum Support (Verbal) C. 1989 One Year Work Plan 8. Other Business a. Next Meeting - Wednesday, April 6, 1988 - 5:00 PM b. 9. Adjourn Barry A. Stock Administrative Assistant CITY OF SHAKOPEE Please call Barry or Toni at 445-3650 if you cannot make the meeting. � y SHAKOPEE COMMUNITY DEVELOPMENT COMMISSION City Council Chambers Shakopee, MN February 3, 1988 Chairman Keane called the meeting to order at 5:05 P.M. with the following members present: Al Furrie, Jane DuBois, Jim Plekkenpol, Don Koopman and Tim Keane. Members absent: Terry Joos and Bud Berens (Ex-Officio Member) . Also present were: Barry Stock, Administrative Assistant, Dennis Kraft, Community Development Director and Virgil Mears, Assistant School Superintendent. Furrie/DuBois moved to approve the minutes of the January 6, 1988 meeting as kept. Motion carried unanimously. Chairman Keane noted that the Commission has been looking at information regarding the tax rates being applied in Shakopee. To get a better understanding of how the tax rates were determined and how Shakopee's taxes compare with other communities, we have invited Mr. Virgil Mears from the Shakopee School District to give us an update on the school's financial position. Mr. Mears explained to the Committee that the School District is seeking an excess levy referendum on March 8, 1988. He explained to the Committee that in 1987 the school mill rate was 72.038 mills. In 1988 the school districts mill rate will be 53 .45 mills. He explained to the Committee how the school district receives funding from the State. He noted that funding dispersement to school districts is based on pupil units. Mr. Mears then went through a list of expense categories for the Shakopee School District and compared those to other districts in the Metro area. He noted that Shakopee usually fell somewhere in the middle. Mr. Mears then gave a brief history of how the State Aid formulas have been calculated since the 1970's and how inequitable they have been in relation to Shakopee's position. Mr. Mears noted that the Shakopee School District had in effect a 5 1/2 mill excess levy for the past six years. During the first three year period, 5 1/2 mills went onto the tax rolls and 6 mills were switched from the district capital and debt redemption funds to the general fund for a total of 11 1/2 mills. During the second three year period the 5 1/2 mills continued to be levied and the 6 additional mills were picked up by the district's fund balance. During all of this time the voters paid only an additional 5 1/2 mills even though the programs were actually costing the equivalent of 11 1/2 mills. Mr. Mears noted that the Schdol District no longer has the option of trade-offs and it does not have a fund balance. Therefore, if it is to continue the same services currently being provided to the students of Shakopee it will be necessary to have a total of 19.79 mills in place by 1989-90 school year. Mr. Mears noted that should the referendum vote fail to pass, the school district will be forced to cut $600,000 from their current programs and staffing. Mr. Mears then went through a list of those programs that will be cut. He then explained that the school district could try a second referendum in six months. Should that referendum fail to pass, the situation would be almost uncontrollable. Discussion ensued on the amount of the total school budget. DuBois stated that she felt the Commission should go on record in support of the school referendum. It was the consensus of the Committee to recommend to City Council that they support the proposed referendum. Mr. Stock reported that the 1988-89 One Year Work Program must be completed and returned to the Department of Trade and Economic Development prior to March 31, 1988. This is necessary in order for the City of Shakopee to maintain Star City designation. Mr. Stock then briefly reviewed the 1987-88 One Year Work Plan noting the status of each of the strategies. - - - - Commissioner Koopman questioned the $93, 000 CDC budget for the 1989 fiscal year. Mr. Stock noted that $66, 000 of that amount was for the Shakopee Convention and visitors Bureau. (3$ hotel/motel tax) . Chairman Keane suggested that staff work to have this item removed from the CDC budget and placed in the general fund for dispersement to the Convention and Visitors Bureau. Mr. Stock then went through the list of proposed strategies for the 1989 fiscal year. Chairman Keane suggested that a strategy be employed to attract businesses downtown. He suggested that the City prepare a package deal including site information and financing assistance that would be adopted by the City Council. This could then be sent to developers in the form of request for proposals. He also suggested that the City could prepare request for proposals that simply direct developers to prime areas in Shakopee for development. It was the consensus of the Committee that these two strategies should be included in the 1989 Work Plan. Mr. Stock noted that in preparing the 1989 Work Plan he tried to assemble strategies that were obtainable and measurable. Commissioner DuBois questioned whether or not the Community Development Commission could become involved in updating the City's Comprehensive Plan. Chairman Keane stated that he felt that this fell within the responsibilities of the Community Development Commission but warned that it was a tremendous amount of work. He suggested that the City form a Ad Hoc Committee comprised of two Planning ; Commission members, two Community Development Commission members, two Council members and other interested parties to work on the updating of the City's Comprehensive Plan. Commissioner Furrie stated that he felt the City's Comprehensive Plan was in need of work. He also stated that he was concerned that the City of Shakopee would not be ready for development once the highway projects are completed in this area. He cited the problems that were experienced in the City of Eagan. He felt they were not prepared for the development that occurred following the completion of the Cedar Avenue Bridge. Discussion ensued. Furrie/DuBois moved to recommend to City Council that the City engage in soliciting proposals from consultants to update the Comprehensive Plan and that Community Development Commission be allowed to participate in the updating process. Motion carried unanimously. Plekkenpol/Koopman then moved to recommend to City Council the approval of the 1988-89 One Year Work Plan as drafted by the Committee. Motion carried unanimously. Chairman Keane questioned whether the remaining items on the agenda could be carried over until the next meeting. Mr. Stock recommended that the Committee table the other items on the agenda and carry them over to the March 2, 1988 meeting. Koopman/DuBois moved to adjourn the meeting at 7:10 p.m. Motion carried unanimously. Barry A. Stock Recording secretary TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNNESOTA MARCH 1, 1988 Mayor Lebens presiding 13 Roll call at 7:00 P.M. 2] Recess for H.R.A. Meeting 3] Re-convene 4] Liaison Reports from Councilmembers 51 RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 61 Approval of Consent Business - (All items listed with an asterisk 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. ) 7] Approval of Minutes of Febuary 16th and 22nd, 1988 8] Communications: a] League of Mn. Cities Policy on Property Tax Reform b] Application from Donna Roman for appointment to the Energy and Transportation Committee C] AMM Bulletin re: Mandated Soil Erosion and Sedimentation standards d] James F. Miller, City Manager, City of Minnetonka re: a property tax proposal 9] Public Hearings: None 10] Boards and Commissions: Cable Communications Advisory Commission: a] Request to Eliminate Universal Service 11] Reports from Staff: (Council will take a 10 minute break around 9:00 P.M. ) a] Shakopee Economic Development 1989 Fiscal Year Work Plan b] Huber Park Trail Project - Observation Platform c] Request for a 128 Sq. Ft. Temporary Sign *d] Proposed Planning & Zoning Enabling Legislation e] Draft RFP for Shakopee Comp Plan f] Youth Baseball/Softball Athletic Field Rennovation - Maintenance Agreement TENTATIVE AGENDA March 1, 1988 Page -2- 11] Reports from Staff continued: g] 1988 Swimming Pool Fees h] Marschall Rd./CR-16 Signals (Gorman Street) i] Assessor' s Position j ] Sewage Pumps - Memorial Park *k] Used Vehicle Purchase *11 Police Computer Purchase m] Approval of Bills in Amount of $120,089.65 *n] Sales and Use Tax Letter Agreement 12] Resolutions and ordinances: *a] Res. No. 2872 - Amending Electrical Fee Schedule b] Res. No. 2866 - Appreciation to Jane VanMaldeghem *c] Res. No. 2867 - Appreciation to Corrine McDonald d] Ord. No. 241 - Amending the City Code Relating to the Removal of Snow from Public Sidewalks 13 ] Other Business: a] Fiscal Disparities Legislative Update by the City Administrator b] c] 14] Recess for Executive Session to discuss Police Department labor negotiations and litigation involving Murphy's Landing 151 Re-convene 161 Adjourn to Monday, March 7, 1988 at 7:00 P.M. for continuation of Council/Department Head Review of 1987 Goals in the Health Education Room at St.Francis Regional Medical Center John K. Anderson City Administrator NOTE: The March 15th Adjourned Regular Session of the City Council will be held on Wednesday, March 16, 1988 at 7:00 P.M. in the Council Chambers at City Hall! TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Meeting March 1, 1988 Chairman Steven Clay presiding 1. Roll Call at 7: 00 P.M. 2 . Revolving Loan Program 3 . Other Business 4 . Adjourn Dennis R. Kraft Executive Director MEMO TO: Shakopee Housing an'l Redevelopment Authority (HRA) FROM: Barry A. Stock, Administrative Assistant RE: Revolving Loan Program DATE: February 22, 1988 INTRODUCTION• On February 2, 1988 staff presented the guidelines for the proposed revolving loan program to the Housing and Redevelopment Authority for their comments and review. Staff has investigated the issues and concerns presented by the Commissioners at our last meeting and is prepared to make a recommendation at this time. BACKGROUND: Much of the physical plant (both public and private) in Downtown Shakopee is deteriorating and utilization of plant capacity (private bldgs. and public streets, utilities and parking lots) remains low. New investment in plant and equipment is necessary to replace obsolete equipment and curtail further deterioration. In response to this fact and the ongoing criticism from the public regarding the physical appearance of Downtown Shakopee, the Downtown Committee initiated Phase I correcting poor public facilities and has now drafted a revolving loan program to encourage redevelopment of private buildings in the Downtown area for the HRA's review and approval. The goal of the two programs is to create a positive environment for new investment in Downtown. (See attachment $1) The proposed loan program may stimulate private sector investment by making available reasonably priced financing for small and medium sized business capital investment projects. The Downtown Committee believes the low interest financing offered through the revolving loan program will increase the investors' rate of return on equity through financial leverage causing the investor to become more investment oriented. The low interest financing will also enable investors to reserve their working capital for growth in receivables and inventory. Conserving working capital makes the borrower a stronger borrower. Lower interest financing will also enhance the investors return on equity by reducing the debt service on long term notes. The proposed investment option (low interest loan) will encourage the investor to become more "future oriented" vs. strictly "short term gain oriented". With long term investment in productive fixed assets (public and private) , the investor better assures his/her future competitiveness in the Shakopee market place. Success of the revolvLig loan program must not rely on projects that may be a substantial credit risk. Making good deals is the only way to overcome the credit risk disincentive that the HRA faces in providing this program. Staff believes that the local lending institutions interested in participating in this program have the experience and expertise to insure that the loans approved through this program will not result in default (this is not foolproof however) . Shown in attachment #2 is a list of the concerns that were raised by the HRA members at our last meeting. You will note that staff has drafted responses to each of the concerns. Following is a list of three alternatives that the HRA may wish to consider at this time. 1. Adopt the revolving loan program as proposed by the Downtown Committee with minor changes (eg. maximum size of loan) . Advantages. 1. Approval of the program may stimulate property owners in the Downtown area to improve their building facades and correct life safety hazards within their buildings. 2. - The revolving loan program would provide an ongoing fund to fund redevelopment projects in the Downtown area. 3 . The revolving loan program as proposed would not place a significant time burden on existing staff. 4 . In the event of a loan default the City may have the right of first refusal to acquire the property. 5. The program may enhance property values and promote quality building stock in downtown Shakopee. Disadvantages. 1. The HRA would incur some risk in the event of loan default loans. 2. Direct staff to investigate the development of an interest write down program and report back to the HRA. Advantages. 1. The City would incur no risk in this program. 2. The program may stimulate property owners in the downtown area to improve their building facades and correct life safety hazards within their buildings. 3. The program would not place an excessive time burden on existing staff time. 4. The program may enhance property values and insure quality building stock. Disadvantages. 1. Once the funds used to write down interest rates are dispersed, they will not be returned to the City. 3. Adopt a stricter code enforcement policy to insure that property owners bring their buildings up to code. Advantages. 1. This type of program would insure that buildings are up to code and would improve the safety of structures in the community. 2. This type of program would establish a high standard of building and property maintenance. 3. This program would "weed out" buildings not suitable for rehab (even w/loan assistance) and make them available for demolition and creating a site for new development. Disadvantages. 1. In order for the program to be effective it would have to be adopted on a City wide basis, or rationally established with sufficient legal standing to focus on a specific area. 2. Code enforcement programs primarily focus on building interiors. Adoption of this type of program would do little to encourage the improvement of exteriors.. 3. Property owners who are cited for major code violations would be unhappy with the City government. 4. Given the conditions of many buildings in the community, requiring property owners to comply with or without any City financial assistance may be unpopular with local residents and business owners. S. To implement such a program, the City may have to hire at least one additional building inspector. 6. This program would possibly require Council to engage in the eminent domain process (condemnation) . 7. Programs rarely work without financial assistance for affected property owners. After reviewing the pros and cons of the aforementioned alternatives, it may be appropriate for the HRA to adopt the revolving loan program as shown in attachment #1 on a six month demonstration project basis. Should the HRA pursue this course of action, staff would recommend that following the completion of the six month demonstration project, the program be evaluated to determine if it should be continued, amended or discontinued. If the HRA prefers a systematic code enforcement approach combined with some type of financial assistance program, staff would recommend that the concept and the initial draft of the combined programs be reviewed by the Downtown Committee. The Downtown Committee initially considered and then dropped the idea for a stricter code enforcement policy. ALTERNATIVES: 1. Approve the revolving loan program on a six month demonstration basis and allocate $50,000 from the HRA reserve fund to initiate the program. 2. Direct staff to do additional research on the interest write down program and report back to the HRA. 3. Direct staff to further investigate the possibility of implementing a stricter code enforcement policy and bring the issue to the attention of the city Council for further discussion. 4. Combine alternatives #1 and 43. 5. Do nothing. STAFF RECOMMENDATION: Staff recommends alternative #1 or #4. ACTION REOUESTED: Move to approve the revolving loan program on a six month demonstration basis and allocate $50,000 from the HRA reserve fund to initiate the program; or Move to direct staff and the Downtown Committee to further investigate the adoption of a stricter code enforcement program that includes a financial assistance program and bring this issue back to the HRA for further discussion. Attachment #2 REVOLVING IRAN PROGRAM QUESTIONS AND ANSWERS 1. How do we screen for credit worthiness? In the proposed program, the lending institution would be responsible for determining the credit worthiness of prospective applicants using their normal loan approval guidelines. The City would not approve any loans that are not being approved by the lending institutions. The City does not have staff trained in this area. Additionally, business owners shy away from submitting their financial records to the City for review. An alternative might be for the City to develop our own loan approval guidelines and contract with an independent consultant to review program applications. However, this approach would add additional costs to the program. Communities the size of Shakopee who have revolving loan programs rely on the lending institutions expertise in approving or denying loans. 2. How do we screen for need? The objective of the proposed program is to stimulate redevelopment in the downtown area. The program is not designed to assist persons who may be less well off than others. Additionally, it is very likely that those persons who are less well off than others would be a greater credit risk. In order to insure we are approving loans that can be repaid, staff is not recommending that the approval of loans be based on economic need. 3 . Can we get some type of default insurance to guarantee repayment of the City's participation in the loan? After investigation, staff has discovered that there is default insurance available for residential land acquisitions. However, the local lending institutions in Shakopee are not aware of any default insurance for commercial properties. Bank officials also note that if this type of insurance were available, the cost would be greater than the benefit that the applicant is receiving through the City's low interest loan. Options that may be available to the City to insure repayment would be to require personal guarantees from the applicants for the loan repayment or to require the deposit of letters of credit with the City. 4. Can we spread out the loans to more people? Yes it is possible to reduce the size of the maximum loan amount. However, after reviewing programs in other communities, staff would recommend that the program maximum loan stay at $50,000. One of the objectives of the revolving loan program is to encourage redevelopment projects that are noticeable and those that will have a substantial impact on the downtown and the community. 5. Can we dictate that program applicants be required to use local builders? Staff believes that it would be arbitrary, capricious and discriminatory to require program applicants to use local builders. Offering interest credits to persons who use local builders would also be discriminatory in the opinion of staff. If Federal or State funds were used to fund this program it would certainly be illegal. Officials from the League of Minnesota Cities have suggested that the City could require program participants to solicit several bids from local contractors, but the program participants should not be bound to go with the local contractor. Staff believes that this is a good approach to insure that local contractors are given the opportunity to bid on potential projects. 6. How will the loan funds be dispersed to the applicant? The revolving loan program will operate in the same manner as a construction loan. Funds will not be released to program participants until work vouchers are submitted verifying that the work is completed. 7. Can the HRA set aside funds for property acquisition? Currently there is $175, 000 in the HRA reserve fund balance. The proposed revolving loan program would dedicate $50,000 of the reserve fund to initiate the revolving loan program. This would leave approximately $125,000 in the reserve fund balance that could be used for property acquisition and demolition. Surplus tax increment proceeds could also be used by the HRA for property acquisition and demolition. S. Why should the City adopt a program for commercial properties in the downtown and not residential owners throughout the City who also need building improvements? At the present time, staff is aware of two MHFA programs that offer lower interest loans to qualified home owners who are in need of interior or exterior home improvements. Staff is not aware of any State or Federal Programs that offer funding assistance to commercial property owners interested in rehabilitating their building exteriors. Therefore, staff is recommending approval of the revolving loan program as a device to encourage exterior commercial building rehabilitation. 9. Why doesn't the City simply adopt stricter code enforcement policies to insure that properties are brought up to code? Staff has discovered that both St. Paul and St. Louis Park have adopted very strict code enforcement policies. Shown in exhibit A is a brief summary of the St. Louis Park Program. The St. Louis Park program is enforced on a City wide basis. The City of Shakopee could choose to adopt this type of program. However, staff believes this is a separate issue from the Downtown-Revolving Loan Program. The purpose of the revolving loan program is to encourage Downtown property owners to improve the exterior facades of their buildings. The adoption of a stricter code enforcement policy would improve the overall public safety, but would do little if anything to improve exterior facades. However, staff recognizes that a stricter code enforcement policy does have some advantages. The adoption of a code enforcement policy that simply applies to one area of development (residential, commercial, industrial) or area is possible but may be very controversial. - Exhibit A CITY OF �OT. LOUIS.PARE CERTIFICATE OF OCCUPANCY PROGRAM WHY DOES THE CITY REQUIRE A CERTIFICATE OF OCCUPANCY? The City of St. Louis Park is vitally interested in maintaining the structural integrity of existing buildings and improving the relative life safety of all property within the City. To achieve these goals, the City of St. Louis Park adopted a Certificate of Occupancy program in 1976. WHERE DOES THE CODE SAY THAT A CERTIFICATE OF OCCUPANCY IS REQUIRED? The requirement for the Certificate of Occupancy is in Section 15-212.101 of the St. Louis Park Ordinance Code and reads as follows: Section 15-212.101. Certificate of Occupancy, Occupancy Change. No person, co- partnership, corporation or association shall permit any change in No of any land, existing building or structure or portion thereof or any change in ownership of any land other than vacant land, building or structure until the City has made an occupancy inspection and issued a Certificate of Occupancy which shall not be issued until all violations of the St. Louis Park Ordinance Code have been corrected. Single- or two-family structures shall only be required to be inspected as provided elsewhere in the St. Louis Park Ordinance Code. WHAT DOES IT COST TO APPLY FOR A CERTIFICATE OF OCCUPANCY? Applications for a Certificate of Occupancy must be filed with the Department of Inspectional Services in City Hall. The application must be accompanied with the appropriate fee: Buildings with 3001+ Sq. Ft. of floor area . . . . . . . . . $100 Buildings with less than 3000 Sq. Ft. of floor area . . . . $ 50 Licensed apartment buildings . . . . . . . . . . . . . . . . $ 0 WHAT HAPPENS AFTER I APPLY FOR A CERTIFICATE OF OCCUPANCY? The Certificate of Occupancy program requires an inspection of the property for which a Certificate of Occupancy application has been submitted. An inspection appointment is scheduled at the convenience of the applicant at the time that the application is submitted. WHO DOES THE INSPECTION? The inspection is usually conducted by a team of five to eight inspectors, depending on the type of use or occupancy. If a specific problem or question arises such as drainage, access to right-of-way, planned future public improvements, need for special permit or variance, etc., personnel from other departments may also become involved in the inspection or in subsequent meetings. WHAT DO THEY LOOK FOR? The inspection team will evaluate the building for safe and adequate exit systems, proper door locking hardware, electrical hazards such as extension cords or overloaded circuits, plumbing cross connections, adequate ventilation, and general building maintenance. The site is inspected for compliance with the zoning ordinance including landscaping, parking lot maintenance and site drainage. WHAT STANDARDS ARE USED? The standards used to evaluate existing buildings allow the continuation of the same type of use as long as the building cor.-lies with the code with applied when it was constructed unless a significant condition exists which is dangerous to life. The City has on file all building codes in effect within the City of St. Louis Park since the first building code was adopted in the early 1930's. The early codes were limited in scope and did not address such issues as life safety or exiting; rather, they were primarily construction codes dealing with the structural integrity of a building. Since 1955 the City has used the most recent edition of the Uniform Building Code (UBC) as the basis for construction standards. In determining what corrective action may be necessary, the City uses the following system: F VERY OF CURRENT DE VIOLATION - DETERMINE CODE CANNOT DETERMINE IN EFFECT WHEN CODE IN EFFECT BUILDING WAS BUILT WHEN BUILDING WAS BUILT YES DETERMINE IF BUILDING WAS CONSTRUCTED IN NO VIOLATION OF CODE COMPLY WITH CODE YES - IS THERE A NO �— LIFE SAFETY HAZARD COMPLY WITH NO ACTION CURRENT CODE THEN WHAT HAPPENS? A written inspection report is given to the applicant at the conclusion of the inspection. Each tpecific code violation which may be found will be listed and must be corrected. WHEN DO I GET THE CERTIFICATE OF OCCUPANCY? When the violations are corrected the applicant must contact the City to schedule a reinspection. If the property is in compliance at the time of reinspection, the Certificate Of Occupancy will be issued to the applicant. HOW LONG DOES IT TAKE? - The inspection can usually be done within a few days of filing the application. The entire Certificate of Occupancy process from application through issuance of the Certificate can normally be accomplished in less than one month. If the proposed use requires review by the City Council, the process may take from six to eight weeks. WHERE CAN I GET MORE INFORMATION? If you have any additional questions, please contact the Department of Inspectional Services in City Hall Or Dhone 92n-anon. nff...e Attachment #1 PROGRAM DESCRIPTION AND GUIDELINES FOR CITY OF SHAKOPEE COMMERCIAL REVOLVING LOAN PROGRAM FINAL DRAFT - JANUARY 22, 1988 A. INTRODUCTION, The City of Shakopee's Commercial Revolving Loan Program is a municipal program administered by the Housing and Redevelopment Authority in and for the City of Shakopee, designed to provide incentives for major rehabilitation of existing commercial space in downtown Shakopee. The Program operates by making available commercial loans to rehabilitate and preserve existing commercial buildings at an interest cost to borrowers significantly below that available through conventional financing. Loans under the Program will be made through participating local lending institutions. The City and the Housing and Redevelopment Authority will reduce the interest rate charged borrowers by funding direct loans for a portion of the total project cost. This program only provides financing for a portion of the total loan and private financing or equity provides the greater share. Eligibility for loans under the program shall be determined by the Housing and Redevelopment Authority pursuant to the following guidelines and restrictions. The credit worthiness of individual participants in the Program shall be subject to the approval of the participating lending institutions. B. ELIGIBLE PARTICIPANTS 1. Any individual, partnership, corporation or other business entity shall be eligible to make application for loans under the Program. The applicant need not be the owner of the premises to be rehabilitated; provided, however, that the owner of the building shall be required to approve the loan and the rehabilitation work, and to execute any mortgage on the building relating thereto. C. ELIGIBLE PROJECTS 1. Loans will be awarded under the Program for the rehabilitation of small and medium-sized commercial buildings. A commercial building shall be any building the primary ground floor function of which is a retail, service, or office use. 1 2. Buildings qualifying for rehabilitation as small or medium-sized commercial buildings eligible for loans under the Program shall have a first floor total area not exceeding 10,000 square feet. 3. To be eligible, the building to be rehabilitated: a. Must be located within the City of Shakopee Downtown Development District (see map) ; b. Must be in conformance with the City's zoning code; C. Must comply, after rehabilitation with the City's Comprehensive Plan and with any approved development plan for the Downtown Development District; d. Must not have been identified for public acquisition; e. Must be insured for its full replacement value. f. Must comply, after rehabilitation with the City's building and sign design standards. g. Must follow the normal and customary building permit process. 4. The City will provide direct loans at an annual percentage rate of three percent (3$) for loan terms of 5 years or less and five percent (53) for loan terms between six and ten years; for up to 50% of the total project cost or $50, 000, whichever is less. The remaining amount shall be funded by the borrower himself or a private sector lender. 5. Improvements and expenditures financed under the Program shall be limited as follows: a. Rehabilitation loans shall not include expenditures for the acquisition, installation or repair of furnishings or trade fixtures. b. In the case of mixed-use structure, eligible improvements shall include only those relating to the commercial portion of the building, the commercial operation of the building, or mechanical. or structural repairs relating to the building as a whole (including but not limited to; repairs to the building's facade, roof, plumbing, electrical systems, structural elements, heating and cooling systems, fire safety systems and 2 insulation as 'approved by City staff) . All work done must meet City Code. C. Rehabilitation loans shall be used for the rehabilitation of existing buildings, and shall not be used for the construction of new facilities. However, construction of reasonable additions to existing buildings which, together with other rehabilitation improvements, will enhance commercial use of the building shall constitute qualifying rehabilitation expenses. d. The rehabilitation of residential units shall not be allowed under the Program. e. Refinancing of existing debt shall not be allowed under the Program. f. Loans shall not include expenditures for the acquisition of property. g. Building signage will be eligible for funding so long as it is an integral part of a larger building facade improvement. Eligible signage costs shall not exceed 25% of the total project cost. D. LOAN REQUIREMENTS AND RESTRICTIONS 1. Applicants must have the financial means to repay the loan, as determined by the lending institution. 2. The applicant shall provide a mortgage on the building as security for the loan. 3. The maximum loan amount which any applicant shall be eligible to borrow from the City for the rehabilitation of any particular small or medium-sized building shall be the lesser of: (i) $50,000 or (ii) 50 percent (50%) of the total project cost for rehabilitation. 4. The minimum loan amount that may be borrowed from the City shall be $5,000. 5. The maximum term of any loan under the Program shall be 10 years. This is the maximum term allowable; the actual term of any loan under the Program shall be subject to approval of the lender based on economic and financial considerations. 3 6. The City shall charge an administrative fee in the amount of one percent (1$) of the principal amount of the City's portion of the loan, or $500, whichever is less, with respect to each loan made pursuant to the Program. This fee shall be paid by each loan recipient to the City prior to or at the loan closing. 7 . All costs, expenses, and fees associated with the Project shall be paid by the applicant. Such costs are eligible for inclusion in the loan, and include: a. Cost of materials and labor (provided that expenditures for labor performed by the owner or the applicant or the owner's or applicant's employees shall be eligible only if the major occupation of the owner or applicant, as the case may be, is construction or renovation) . b. Architect's fees. c. Attorney's fees. d. Bank charges such as, but not limited to, the following: (i) appraisal fees; (ii) credit reports; (iii) inspections; (iv) abstracting and filing fees; (v) mortgage registration taxes; (vi) title insurance premiums; _ (vii) service charges. (viii) consultant fees (ix) private mortgage insurance (if required) (x) liability insurance e. The City's administrative fee. 8. Rehabilitation loans shall not be approved unless the building is being brought into full compliance with the provisions of the City Code. The City and/or the Lender will perform a thorough inspection of the premises to be rehabilitated prior to the approval of any rehabilitation loan under the Program. 9. After rehabilitation and prior to retirement of the loan, the subject property and improvements must remain insured for its full replacement value. 4 10. Lender agrees to loan for a fixed period of time with allowances for interest renegotiation at periods to be set by the lender. 11. Prior to construction the Lender may require the applicant to submit an insurance binder. 12. The City reserves the right to apply the provisions of this program in a manner that most effectively serves the best interests of the community. E. SELECTION GUIDELINES 1. In approving applications for rehabilitation loans under the Program, the City shall consider the following factors: (a) The order in which applications are received. (b) The availability and affordability of other governmental programs; (c) Whether the building is required, pursuant to any court order, statute or ordinance, to be repaired, improved or rehabilitated; and (d) Whether the proposed improvements will result in conformance with building and zoning codes, downtown design standards and improvement of the aesthetic quality of commercial areas. (e) Buildings of historical significance. 2. The City shall give priority to the following applications for rehabilitation loans: (a) An application that retains the character and integrity of the Downtown Revitalization Plan. (b) A joint application (two or more contingent properties) that focuses on exterior facade improvements. (c) An application that focuses on exterior facade improvements. (d) An application to finance repairs or rehabilitation which are required pursuant to court order, statute or ordinance; (e) An application by an applicant who has been unable to obtain financing through other means; 5 (f) An application to finance the rehabilitation of a building which is essential to maintaining the commercial nature of an area. F. REVOLVING IRAN FUND All proceeds made available from the revolving loan fund shall be repaid to the fund as it is collected for the continued future use of similar programs. 6 Attachment kl Cont. CITY OF SHAKOPEE REVOLVING LOAN PROCEDURES JANUARY 22, 1988 STEP ONE Potential loan applicant contacts City. Applicant is directed to contact: Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota Attn: Executive Director City Hall 129 East First Avenue Shakopee, Minnesota 55379 The HRA should forward the following to the applicant: 1. A copy of the Program Guidelines, 2. A list of participating lenders ("Lenders") and the appropriate contact persons at each Lender. Lenders shall have primary responsibility for the processing of applications for loans under the Program and 3. A copy of the Revolving Loan Program Loan Application. STEP TWO The potential Applicant contacts a Lender. At the initial meeting with the Applicant, the Lender should take the following actions: A. Have the applicant complete the Revolving Loan Program Application for the Program. B. Review the Program restrictions with the Applicant to determine eligibility of the building and the proposed improvements under the Program. C. Determine if Applicant can provide a mortgage on the property to be rehabilitated to secure the loan. All mortgages must be executed by the fee owner of the property. If the Applicant is not the fee owner, written agreement of the fee owner to execute the mortgage should be obtained prior to any - other action on the loan application. D. Review estimated costs Applicant will incur to obtain the loan: Bond Counsel Fee (If Applicable) City of Shakopee Administrative Fee Lender's Loan Fee *Note: Step Two and Step Three may occur simultaneously. 7 Title Insurance Cost (Mortgagees Policy) Consultant Fees Recording Fees (Mortgage, Bond Documents) Charge for Lender's Credit Report Appraisal Fees Mortage Insurance Liability Insurance j Other Related Costs These costs will be eligible for inclusion in the loan. E. Advise Applicant that if the Housing and Redevelopment Authority (HRA) should give preliminary approval to the Loan . Application, an inspection by the City and/or the Lender, a City Code Compliance Report, and an M.A.I. appraisal will be necessary. STEP THREE If, after completion of Step 2, the Applicant desires to proceed with the Loan Application, the Lender should take the following additional steps: A. Have the Applicant complete the Lender's loan application. B. Have the Applicant prepare a detailed list of proposed improvements and estimated costs for each; plans should also be provided if they have been drawn. C. Applicant's Revolving Loan Program Application, and - preliminary design plans and specifications, should be forwarded to the HRA for approval, Attention: BRA Executive Director. D. Applicant shall not to begin construction of the proposed improvements prior to final approval of the loan by the BRA. Improvements commenced prior to final loan approval by the HRA shall not be eligible to be financed with loan proceeds. STEP FOUR _ A. The BRA reviews the applicants Revolving Loan Program Application and supporting documents and gives its preliminary approval to the loan. B. The Applicant prepares and submits personal and business financial statements to the Lender. (If the Applicant decides to fund 508 of the loan amount without the lenders assistance, personal and business financial statements shall be submitted to an -independent accounting firm specified by the City. The accounting firm will perform a credit report on the applicant and report his/her findings to the HRA. ) 8 C. The Lender performs a credit report on the bpplicant and gives its preliminary approval to the loan. STEP FIVE A. The Lender instructs the Applicant to obtain: (i) an M.A.I. appraisal of the property to be rehabilitated (List of certified M.A.I. appraisors may be provided by the Lender) ; (ii) an inspection and City Code Compliance Report from the City; and (iii) At least two written proposals on all improvements to be financed from the loan. B. The Lender gives its final approval to the loan. C. The Lender forwards the appraisal, the Code Compliance Report, the firm bids, the credit report, and notification of its final approval to the BRA, Attention: HRA Executive Director. D. The HRA gives it final approval to the loan. STEP SIX A. Lender, Applicant, and HRA determine closing date. B. After closing date is set, mortgage is filed prior to closing. A certificate of filing of the mortgage must be obtained for closing. STEP SEVEN A. Lender notifies Applicant that rehabilitation work may now begin. B. Lender obtains abstract or proof of title to the property from Applicant and applies for title insurance binder. STEP EIGHT The Closinc A. The City's administrative fee shall be payable at this _ time. B. Lender will receive assignment of the mortgage and the promissory note and assignment of the promissory note from the HRA or City, as applicable. _ C. Bank should obtain a certificate of hazard insurance from the Applicant in an amount determined by the Lending Institution. 9 STEP NINE A. Net proceeds of the loan will be deposited in an escrow account at the Lender, with the Lender acting as Trustee. Lender will disburse from this account pursuant to a Loan Disbursement and Escrow Agreement executed by and between the Lender, the applicant, and the HRA. (Disbursement forms to be provided by the Lending Institution) . B. Upon completion of improvements financed by the loan, Lender will forward sworn construction statement and lien waivers to title insurance company and obtain final title policy. C. Any funds remaining in the escrow account after completion of all improvements to be financed from the loan will be applied to the loan balance, first to interest and then to principal. 10 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA FEBRUARY 16, 1988 Mayor Lebens called the meeting to order at 7: 15 P.M. with Cncl. Clay, Scott, Zak and Wampach present. Also present were John K. Anderson, City Administrator; Dennis Kraft, Community Development Director; Judith S. Cox, City Clerk; Douglas Wise City Planner and Julius Collar, II, City Attorney. Councilwoman Vierling was absent. Liaison reports were given by Councilmembers. Mayor Lebens asked if there was anyone from the audience who wished to address anything not on the agenda there was no response. Clay/Zak moved to approve the consent business. Roll Call: Ayes: Unanimous Noes: None Motion Carried Clay/Zak moved to approve the minutes of the January 26, 1988. (Approved under consent business) . Mr. James Terwedo, Scott County Attorney stated that he came before the Council to let them know that he was available for any questions that the Council or any other governmental bodies may have. He updated the Council on items that the City Attorney's office have been involved with. There was a general discussion by Council and Mr. Terwedo. Councilmember Zak briefly commented on community involvement. City Administrator John Anderson commented on a letter that was received by Elliott Perovich Chairman of the Regional Transit Board. Anderson stated that the reason for this discussion was to find out if there were any Councilmembers interested in being on this committee. His recommendation was to appoint Barry Stock to this committee if no one else was interested. Clay/Wampach to submit Barry Stock as a representative to the Chairman's Advisory Committee to the Regional Transit Board. Motion carried unanimously. - - Clay/Zak moved to acknowledge a communication from Glenn Olson, Commissioner, Metropolitan Transit Commission regarding a report on MTC's work activity during his service on the Board. (Approved under consent business) . Dennis Kraft commented on the 1988-1989 One Year Work Plan for the Community Development Commission. Clay/Zak moved to request staff to incorporate the following changes into the 1988-89 One Year Work Plan for the Community City Council February 16, 1988 Page 2 Development Commission, changes being; investigation of having a branch of the University of Minnesota classes located in Shakopee, Proactive Development Strike Team be established to seek new development in the City and that a comprehensive review and update of Shakopee's zoning ordinance and the City's Comprehensive Plan be undertaken. Motion carried unanimously. Zak/Wampach moved to request staff to incorporate any suggestions made by the Council for inclusion into the 1988-89 Community Development Commission One Year Work Plan and bring it back to Council for final approval at the March 1, 1988 meeting. Motion carried unanimously. Dennis Eraft addressed the School District #720 Excess Levy Referendum. Wampach/Zak moved to do nothing as a body endorsing the School District Excess Levy Referendum. Roll Call: Ayes: Wampach, Zak, Scott, Lebens Noes: Clay Motion carried. Clay/Zak moved to approve the Dial-A-Ride Fare Increase as follows; to increase the advanced notice request categories to less than a 24 hour notice and more than a 24 hour notice and increase fares $.25 across the board for calls with more than a 24 hour notice. Additionally, increase fares $.50 for Adults and Students who call in with less than a 24 hour notice and $.25 for Seniors and Children under six who call in with less than a 24 hour notice and that it be effective March 1, 1988. (Approved under consent business) . Clay/Zak moved to select Van Pool Services Inc. as the van pool provider and authorize the appropriate City officials to enter into a two year, with a third year renewable option agreement with Van Pool Services Inc. (Approved under consent business) . The City Planner reviewed the Preliminary Plat for Meadowbrook Run. The development will include 8 lots ranging in size from 3.1 acres to 17.6 acres. The development is located south of County Road 16 and East of Pike Lake Trail. The Planning Commission at their February 4, 1988 meeting recommended the approval of the preliminary plat for Meadowbrook Run subject to the following conditions: Approval of the title opinion by the City Attorney Execution of a Developers Agreement for the required improvements. That a cash payment shall be made in lieu of land dedication for park purposes. City Council February 16, 1988 Page 3 Access to CSAH #16 shall be limited to one access each for Lots 1 and 2. Accesses shall be a minimum of 300' apart. Driveways shall be constructed so as to allow for a turn around to prevent backing onto CSAR #16. Access permits to CSAH #16 shall be secured from the County Hwy Department. Lots 3 -8 will each be allowed one access onto Pike Lake Trail. Each access must be a minimum of 300' apart. The following changes or additions shall be made to the preliminary plat prior to submission of the final plat. A key map shall be submitted showing the location of the tract and property for a least 600' adjacent. A description of all easements shall be shown on the plat. Easements around the parameter of lots shall be 10' in width. The developer shall dedicated a 20' drainage and utility easement along lot lines abutting CSAH #16. The developer shall provide an easement for drainage purposes through Lot 7. Said easement shall be a minimum of 20' in width. The developer shall provide a utility easement, 30' in width, to be located 15' on each side of the East-West lot line dividing Lots 4 and 5, and proceeding due East to the Eastern most property line of the plat. There was a general discussion by Council and Staff. Wampach/Scott moved to approve the preliminary plat for Meadowbrook Run subject to the above listed conditions. Motion carried unanimously. The City Planner then reviewed the Final Plat of Horizon Heights 4th Addition lying east of Muhlenhardt Road and South of County Road 16. He stated that Mr. Muhlenhardt submitted a final plat for Horizon Heights 4th Addition. The first phase will contain 12 lots with 10 of the lots being approximately 2.5 acres and 2 lots approximately 10 acres. The Council had previously given approval to the preliminary plat on June 22, 1987. The Planning Commission- took the following action at the February 4, 1988 meeting; approval of the final plat for Horizon Heights 4th Addition subject to the following conditions: All street grades must conform to the 6 1/2$ maximum, with intersection grades to be as required by City Engineer. The developer must petition for the upgrading of Muhlenhardt Road. The intersection of Muhlenhardt Road and CSAH #21 must be changed to provide a 90 degree intersection and City Council February 16, 1988 Page 4 direct alignment with the future Sun Rise Lane (to be platted with future addition) . Lots 1, 7 and 8, Block 1 and Lot 1, Block 2 will not be allowed direct access onto CSAH $21. Execution of a developers agreement for construction of required improvements consisting of the following: Street lighting to be installed in accordance with requirements of the R.E.A. Street lights shall be provided at all intersections and cul-de-sac ends. Local streets and street signs shall be constructed in accordance with the requirements and design criteria of the City of Shakopee. Payment in lieu of land dedication for park purposes is required. Approval of the title opinion by the City Attorney. All lots must be 2.5. acres minimum in size. No variances shall be granted for septic systems. The City Planner stated that the Planning Commission recommends to the developer removal of the flag areas contained in Lot 11, Block 1 and that these areas to be incorporated into adjoining parcels. There was a general discussion by Council and Staff. Mr. Greg Struve a Representative for the developer briefly commented. Wampach/Zak offered Resolution No. 2869, A Resolution Approving the Final Plat of Horizon Heights 4th Addition, and moved its adoption. Roll Call: Ayes: Unanimous Noes: None Motion carried. Clay/Zak moved to receive and file the letter from Verona Blasing, dated February 7, 1988, re: Mankato Waste Processing Facility. (Approved under consent business) . Clay/Zak moved to authorize Westside Equip. Co. of Medina, Minnesota, to replace the mechanic's hydraulic hoist as quoted for $12,946.00 plus rock excavation (not to exceed $5,395.00) . (Approved under consent business) . City Council February 16, 1988 Page 5 Clay/Zak moved to authorize the police department to participate in the American Cancer Society Jail and Bail Program. (Approved under the consent business) . The Community Development Director commented on the update of the Shakopee Comprehensive Plan. The plan is outdated. Many events have occurred in the community which clearly indicated that an amendment of the plan should take place. Changes in the City have taken place since 1981 for example the construction of Canterbury Downs the enlargement of Valleyfair, population increase and more. Dennis Kraft spoke in detail of the many changes that have occurred within the City. It is estimated that the amendment of the plan should cost $25,000 to $35,000. This amount is not included in the adopted 1988 budget. Sources of funding include contingencies which have a $100,000 balance, the fund balance of the General Fund or the utilization of an interest free loan from the Metropolitan Council. The interest free loan would have a three year payback period and allow us to budget for the repayment beginning in 1989. The alternatives for this item are to endorse the concept of amending the comprehensive plan at this time and direct the staff to prepare an RFP and advertise for hiring a consultant. Amend only segments of the Comprehensive Plan. Or to do nothing at this time. Council and Staff discussed the alternatives to the amending of the current Comprehensive Plan. Wampach/Clay moved to endorse the concept of preparing a complete update of the Shakopee Comprehensive Plan, and direct the appropriate City Officials to prepare a Request for Proposal (RFP) and advertise for the hiring of a planning consultant to assist in this endeavor, and to approve the submission of an application for an interest free loan from the Metropolitan Council. Motion carried unanimously. The City Clerk then addressed the liability insurance for the Save O'Dowd Lakes Chair Association Aerators. The insurance coverage held by the Save O'Dowd Lakes Chain Association for the aerators on O'Dowd Lake does not meet the city requirements. The Association is requesting that the City change its requirements. Bob Buranen from the Association has advised the City of the high cost for insurance that they have paid thus far and that he would like the Council to consider changing their requirements in light of recent legislation. In recent years the amount has been raised to $200,000/person and $600,000/incident, their current coverage is $500,000. To. add the city as an additional insured would cost $88.58 plus another $116.40 to increase the coverage. She further stated that Mr. Buranen was present for any additional comments or questions. City Council February 16, 1988 Page 6 Clay/Wampach to authorize payment of $204.98 towards general liability insurance for the Save O'Dowd Lakes Chain Association to add the City as an additional insured and increase the coverage to $200,000/$600, 000. Roll Call: Ayes: Unanimous Noes: None Motion carried. Councilmember Wampach asked about the flagging of the aerators. Mr. Buranen commented on this. He stated that the DNR regulates the signage and that they check the area everyday for any signs that might be down or any other problems that might occur. Clay/Wampach moved to direct the City Attorney to request an opinion from the Attorney General on the City's liability for the operation of aerators by a non profit organization leasing property from the City. Motion carried unanimously. The Community Development Director stated that Mr. Jim O'Meara served as the City's and the HRA's bond counsel for several years. He recently has left the position and as a consequence of this the City would have to decide to send out request for proposals with the intent of hiring bond counsel to represent the City and the BRA on various general obligation and tax increment bond related matters. The City would request proposal - review written proposals and credentials of various law firms and make a recommendation to the City Council so that a firm can be hired to perform bond related legal services for the City. Wampach/Clay moved to direct the City Administrator to form a Committee composed of Rod Krass, Bob Pulsher, Gregg Voxland, and Dennis Kraft for the purpose of reviewing written proposals and credentials of various law firms and making a recommendation to the City Council so that a firm can be hired to perform bond related legal services for the City. Roll Call: Ayes: Unanimous Noes: None Motion carried. Clay/Scott moved for a 10 minute recess at 8:50 p.m. Motion carried unanimously. Clay/Scott moved to reconvene. Motion carried unanimously. Clay/Scott moved to open the public hearing determining and setting the penalty to be imposed on the Pullman for violations of the State Law. Motion carried unanimously. 7 City Council February 16, 1988 Page 7 The City Attorney requested that the notice of public hearing be filed. He then presented copies of bills from the City and the State of Minnesota - Office of Administrative Hearings for the amount of $1048.80, Cost and expenses of Police surveillance operation for the amount of $400.00, and the cost and expenses of special City Attorney's services for the amount of $775.00 for a total of $2223.80, he requested that they also become part of the file. The record will show that appearing for the City is Julius Coller, City Attorney and Tom Brownell, Chief of Police. Appearing for the Pullman's Club were Pat Leavitt; Attorney, Dan Colich; Owner, Einar Ottland, Bev Gratz, Dan Hennes and Crystal Freese. The City Attorney then briefed all parties on the present status of the procedure. He stated that the recommendations of Judge Reba was 14 days suspension or a $1000.00 fine. He also stated that the nature and extent of the penalty would be up to the Council. The Council, per State Statutes could impose the fine of up to $2000.00 or suspend the license on both establishments for not more than 60 days and the City Code permits revocation of the licenses. The Council had to also determine whether all or part of the expenses incurred as a result of the violations are to be assessed against the Pullman Club. He then suggested to Mayor Lebens that the Representatives of the Pullman's be called upon for any input they desired to be heard in behalf of the Pullman. Mayor Lebens asked Mr. Pat Leavitt if he, his client or anyone else would like to comment. Mr. Dan (Dewey) Colich, Owner of the Pullman admitted that he was wrong, but that he did not take or have anything to do with the missing money. He further commented on his behalf. He closed his statements with asking that the Council reconsider the time of closing because of his employees being without work. Einar Ottland then commented. He stated that Dewey had sold pulltabs for the softball teams for the benefits of the softball teams. Bev Gratz stated that she is no longer an employee for the Pullman Club. She also stated that out of the 15 years that she worked for Dewey she never saw him do anything illegal. Dan Hennes stated that he was their on his own behalf and that he has known Dewey for years. He stated that without people like Dewey the Shakopee Recreational Softball league would not amount to much. Crystal Freese stated that she is a bartender for the Pullman's Club and she could not afford to be out of a job. Dewey has helped her out many times. Mr. Pat Leavitt, Attorney then commented on the many contributions that Dewey has given to the community. He stated that he realized that Dewey was wrong for not having two separate City Council February 16, 1988 Page 8 licenses for the sale of pulltabs (Hockey and Softball) . He then read from the transcript of the court sentencing. He stated that he spoke with the Liquor Commission and that the normal suspension of Liquor Licenses was 5 days. He also referred to newspaper clippings of other establishments that had violated the law. He stated that his recommendation would be a closing of 4-5 days. Mr. Coller then asked Mr Leavitt about the quotes from the transcript, what Mr. Colich was charged with. Mr. Leavitt stated that there were 4 counts that Mr. Colich was charged with and that he had pled guilty to 3 of the 4. Councilmember Scott asked what the charges were. Mr. Leavitt stated that they were involving pulltabs. Police Chief Tom Brownell stated that he had no comments at this time but would answer any questions that anyone might have. Councilmember Scott asked if there had been any other complaints regarding pull tabs prior to this incident. Mr. Brownell stated that there had been. He then reviewed the previous complaints. Cool. Scott asked how much was determined to be missing from the Hockey Association. Mr. Brownell stated that the figure was the amount reported by the Hockey Association and was $14, 176. 00 over the period of time that the license was at the Pullman. The State also keeps records. He also stated that this figure is as of August 1987. Each Councilmember then commented on the penalty and the violations of the Pullman. Scott/Zak moved to take the license for 30 days with a 30 probation period in lieu of 60 days and to recoup the City's monies of 2223.80. Roll Call: Ayes: Zak, Scott Noes: Wampach, Clay, Lebens Motion failed. Mayor Lebens stated that one member of the Council was absent tonight and that she had spoke with her prior to leaving town and that she (Vierling) would prefer the 2 week suspension and anything else would be to long. There was further discussion by Council. Zak/Scott moved to, because of the violation of the pull tab ordinance of the charitable gambling act, recommend 14 days suspension of doing business, full restitution of the $2223.80, and 60 days probation with spot checks by the Police Department to insure of no new violations and that this be effective as of City Council February 16, 1988 Page 9 March 1, 1988 1:00 a.m. through March 14, 1988 12:00 p.m. Roll Call: Ayes: Unanimous Noes: None Motion carried. Clay/Zak moved for a 5 minute recess at 10:20 P.M. Motion carried unanimously. Clay/Zak moved to reconvene. Motion carried unanimously. The City Attorney then read Resolution No. 2871, A Resolution Fixing and Assessing Costs in the Matter of the Violation of State Law by the Pullman Club. Wampach/Clay offered Resolution No. 2871, A Resolution Fixing and Assessing Costs in the Matter of the Violation of State Law by the Pullman Club, and moved its adoption. Roll Call: Ayes: Unanimous Noes: None Motion carried. Zak/Wampach moved to close the public hearing of the Pullman Club violations. Motion carried unanimously. The Community Development Director then spoke of the parcel of property which is located immediately west of the Minnesota Valley Mall and the Hwy. #,101 bypass in Shakopee that the City owns. It was his recommendation to take the necessary steps to sell the excess property. Wampach/Zak moved to authorize the City Administrator to take the necessary steps to sell the excess property acquired for the Highway 169 By-Pass and located West of the Minnesota Valley Mall and Lots 3 6 4 in Block 52 of the City of Shakopee. Motion carried unanimously. The City Administrator discussed the Watershed Boundary changes. Scott/Zak moved to endorse the change in boundaries between the Lower Minnesota Watershed District, Credit River Water Management Organization, Prior Lake-Spring Lake Watershed District and Shakopee Basin Water Management Organization as proposed (Doc No CC-151) . Motion carried unanimously. Clay/Wampach moved to approve Change Order No. 5 with an increase of $3200.00 to the Downtown Streetscape Project No. 1987-2. Roll Call: Ayes: Unanimous Noes: None Motion carried. City Council February 16, 1988 Page 10 Zak/Wampach moved to approved Partial Estimate voucher No. 3 with payment of $4141.64 to Eagan McKay Electrical Contractors Inc. , 7100 Medicine Lake Road, Minneapolis, MN 55427 (87-1 Intersection Improvements) . Roll Call: Ayes: Unanimous Noes: None Motion carried. Clay/Zak authorized payment of partial Estimate No. 4 for Heritage Place Improvements, Project No. 1987-14, in the amount of $2402.83 to Widmer Inc. box 219, St Bonifacius MN 55735. (Approved under consent business) . Clay/Zak directed the appropriate City Officials to contact State Legislators in support of the Transportation Finance Commission's recommendation for a three cent increase in the gasoline tax and a 30% increase in the share of the Motor Vehicle Excise Tax (MVET) revenues spent on highways. (Approved under consent business) . Zak/Wampach moved to approve payment of bills in the amount of $823,554.87. Roll Call: Ayes: Unanimously Noes: none Motion carried. Clay/Zak moved to approve the abatement of special assessment, code 65 in the amount of $16,440.92 for pay 1988 balance, $1,826.88 for 1988 pay interest and $1,977.79 for 1988pay principal due to duplicate listing. (Approved under consent business) . Clay/Zak authorized staff to enter into an employment agreement with Jakki K. Menk, for Recording Secretary services at the hourly pay rate of $7.50 effective February 9, 1988. (Approved under consent business) . The City Administrator stated that at the December 8, 1987 meeting, the Council accepted the resignation of City Engineer Ken Ashfeld and authorized City Staff to recruit, screen and recommend a person to be hired to fill the vacancy. Wampach/Zak moved to approve the employment of David Hutton as City Engineer effective March 21, 1988 at the salary of $34,984 per year which is Step 2 in the pay plan and is based upon a 1- 1/2 year service credit and provide a maximum moving expense reimbursement of $1800.00 if he moves to a residence within the City of Shakopee corporate limits within six months. City Council February 16, 1988 Page 11 Roll Call: Ayes: Unanimously Noes: None Motion carried. The City Administrator commented on communication with litigants/developers. Council discussed this in detail. It was the consensus of the Council to leave it to the best judgement of each Councilmember, Planning Commission Member and Staff persons to determine how far they wish to go in discussing development and/or litigated issues with both opponents and proponents of a -- --- proposal. This alternative would put the full weight of responsibility on each individual. Staff was instructed to notify (remind) council members when an issue involved litigation. The City Administrator commented On the reduction in the pari mutual tax. He reviewed Resolution No. 2868, A Resolution Urging the Minnesota State Legislature to reduce the Pari-Mutual Tax. There were changes made to the resolution. Changes made to the resolution are as follows: 4th paragraph is to read; WHEREAS, in 1987, Canterbury Downs paid $2,254,000 in property taxes to the Shakopee HRA for retiring of the Tax Increment Financing Bond. Wampach/Clay moved to offer and adopt Resolution No. 2868, A Resolution Urging the Minnesota State Legislature to Reduce the Pari-Mutual Tax with the corrections as discussed by Council and Staff. Roll Call: Ayes: Wampach, Zak, Clay, Lebens Noes: Scott Motion carried. Wampach/Zak moved to approve the abatement as prepared by Scott County Assessors Office for parcel 27-098003-0 in order to reinstate green acres status. Motion carried unanimously. Clay/Zak to adopt Resolution No 2870, A Resolution Accepting Work on the Parks Improvement Project, Contract No. 1987-8 and to approve final payment to H.L. Johnson, 2392 Pioneer Trail, Hamel, MN 55343 in the amount of $200. 00. (Approved under consent business) Wampach/Clay offered Ordinance No. 240, Fourth Series, An Ordinance of the City of Shakopee Minnesota, Amending Shakopee City Code Chapter 3 entitled "Municipal and Public Utilities Rules and Regulations, Franchises and Rates" by adding and Additional Exception to Subdivision 5, Section 3.42 thereof and by Adopting by Reference Shakopee City Code Chapter 1 and Section 3.99, which among other things, contains Penalty Provisions, and moved its adoption. Motion carried unanimously. City Council February 16, 1988 Page 12 Wampach/Scott moved to send back the check from Malkerson Motors for the splitting of the difference in the purchase of land from the City. (Lot A 6 W20' of Lot B, Block 30, E.S.P. ) , Motion carried unanimously. The City Administrator then commented on the Fiscal Disparities Legislative Update. Wampach/Clay moved to adjourn to Monday, February 22, 1988 at 7:15 p.m. Motion carried unanimously. 11:45 p.m. Meeting adjourned at Judith S. Cox City Clerk Jakki Menk Recording Secretary CCFEB16 i 11 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA FEBRUARY 22, 1988 Mayor Lebens called the meeting to order at 7:25 P.M. in the Health Education Room at St. Francis Regional Medical Center with Councilmembers Wampach, Clay, Vierling, Scott and Zak present. Also present were: Leroy Houser, Building Official; Gregg Voxland, Finance Director; Judith S. Cox, City Clerk; Tom Brownell, Police Chief; Jim Kankanen, Public Works Supt. ; Ray Ruuska, Engineering Coordinator; George Muenchow, Community Recreation Director; Dennis Kraft, Community Development Director; Julius A. Coller II, City Attorney; John Anderson, City Administrator; and Joe Ries, Fire Chief. The City Administrator reviewed the ten suburban residential attitude trends that a Minneapolis firm has found while doing surveys for half a dozen metropolitan area suburbs. He explained that the survey might be useful in goal setting for the City of Shakopee. The City Administrator then went through the 1987 Strategic Plan item by item. Discussion was held on a number of the items: the use of tax increment financing, the federal allocation of $32 million for the County Road 18 bridge, reimbursement to Council- members and staff for membership to local organizations, the need for sanitary sewer on the East end of Hwy 101, the need to review the condemnation policy, the effect of comparable worth on the employees, among other things. After going through the 1987 Strategic Plan additional items were mentioned for consideration. Mayor Lebens brought up the following: 1) taking a look at the city having its own assessor versus contracting with the county, 2) are we spending too much money with Krass & Monroe versus sending more to the City Attorney, 3 ) are we spending too much money with the Shakopee Valley News - can we shorten the minutes which are published, 4) dismissing the Ad Hoc Downtown Committee - have they accomplished what was set forth in their mission statement, 5) a temporary alternative to upgrading the Holmes Street bridge, and 6) a new city hall. Councilman Scott suggested that we take a look at 1) the park dedication fees - how do they compare with those of other cities, 2) are we hiring too many consultants, and 3 ) using the 10 cent tax on tickets from Canterbury Downs for police and fire services. Mr. Muenchow pointed out that recreational programs and facilities are becoming important to the general public and that they should be included in the city' s goals. City Council February 22, 1988 Page -2- There was consensus to meet again to discuss additional items not on the 1987 Strategic Plan. The next meeting to review and update the 1987 Strategic Plan for 1988 will be held on March 7, 1988, at 7:00 P.M. The Community Development Director explained that the Scott County Historical society had appealed the Council's taking back the Murphy' s Landing property and that the Asst. City Attorney, Mr. Krass, recommends that the City follow-up with appropriate action at this time. Councilmembers concurred. Vierling/Lebens moved to adjourn. Motion carried unanimously. Meeting adjourned at 10: 38 P.M. Judith S. Cox City Clerk Recording Secretary 8 a� Week in Review W-1 LMC BOARD OF DIRECTORS ADOPTS POLICY ON PROPERTY TAX REFORM The LMC Board of Directors adopted nine of eleven property tax reform principles recommended by the LMC Revenue Sources Committee. The statement of nine principles accepted by the board are as follows. The League of Minnesota Cities supports: 1. A property tax system with ten classifications or less. 2. A property tax statement that discloses local taxing district levies, state paid relief, and the amount of the homestead relief. 3. State aid to local governments which is tied to increases and and decreases in the state's general revenues. 4. Changes to the payable 1989 property tax laws. 5. Providing commercial and industrial property tax relief. 6. Relief to high-valued homestead properties. 7. An additional $100 million in state funds to facilitate property tax reform. 8. A system that improves equalization for the city, county, school district and for the individual property taxpayers within the parameters of the other League principles. 9. Continuation of an income adjusted circuit breaker and renters' credit program. The board could not reach agreement on two principles and sent them back to the Revenue Sources Committee for further discussion and deliberation. Those two principles are: The League supports: 1. Maintaining a true homestead credit program and a local government aid program as two separate programs. 2. A classification structure which does not artificially increase the property value dis- parity between high and low value communities. _ The Board of Directors will hold a special meeting on March 3 to try to resolve policy in these areas. W-2 Week in Review COMMENTS OF SENATOR ROGER MOE AT LEGISLATIVE CONFERENCE Senator Roger Moe (Senate Majority Leader, DFL Erskine) spoke at the League's Legislative Conference on February 16 and addressed some particularly controversial issues. The following are excerpts from his speech. Governor's Budget "The budget recently proposed by the Governor creates a real predicament for the Legislature....His goals are also our goals....It's just that our priorities for 1988 differ. While the governor's proposal reflects long-term goals, we think that there are some immediate needs that must be met first. "What he [the governor] failed to propose... ` nothing to restore the renters' credit and circuit breaker cuts; • nothing for transportation and highways; ' nothing for enrollment overburdens at the community colleges and state universities; ' nothing for adjusting the nursing home reimbursement formula; • nothing for the Indian treaty negotiated by the Department of Natural Resources; and ' nothing for agricultural initiatives." Transportation "The governor does mention transportation as sort of an 'option'....Yet, he fails to provide any money for it. Given the crucial role that highways play in economic development, that omission is really the most difficult to understand. We have left transportation fund- ing unattended for the last two years; it simply can't be put off any longer." Budget Reserve and Greater Minnesota Corporation "With one-half of the budget cycle behind us, I think we can get by with a $300 million reserve, rather than $345 million....And, given that the Greater Minnesota Corporation is in its first year of operation, it doesn't need the $100 million it now has; about $20 million should do it" Lottery "The lynchpin for negotiation [with the governor] is the lottery. We'll probably have to agree to dedicate part of the proceeds to the Greater Minnesota Corporation so that it will have a stable source of funding until it becomes self-sufficient. Another portion of �1 the lottery proceeds will likely go to a new environment and natural resources trust fund." - ® APPLICATION FOR COIINCiL ADVISORY 3OARDS ANO/OR COM.£1=0 V b City of Shakopee (, 129 East First Avenue FEB Shakopee, !^.innesota 55379 cmr of sHA7mrt=— We welcome you as a possible applicant for one- of our City Boards and/or Commissions. -What .are the qualifications for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have from one to two meetings per month, as follows: Planning Commission/Board or 1st Thursday after 1st Tuesday Adjustments and Appeals at 7:30 p.m. Community Development Commission 2nd Wednesday at 5 : 00 p.m. Energy & Transportation Committee 3rd Thursday at 7: 00 P.M. Ad 'HOC Downtown Committee As Needed Wednesdav at 7 :30a.m. Cable Communication Commissions As Needed Monday at 7:30 p.m. Housing Advisory and Appeals Board As Needed Building Code Board of Adjustment As Needed & Appeals Shakopee Public Utilities Commission 1st Ionday at 4:30 p.m. - Shakopee Community Recreation 3rd Monday at 7:00 p.m. Police Civil Service Commission As Needed p Nameb i b-rl � `�a rv1nm_ Address: l(/f5 E �1 o.�ia/7p0 AJ Q. P*one: (H) WIL133 / (B) How Long Have you Been A Resident of Shakopee? Oc^u--tion• AIAP ? I Does Your Work Require You To Travel? (check one) A Great Deal Periodically Very Little _y<t At All Do You Have Amy Special interests or _raining Which You __l A rd or mmission Could Lse? (tise separate sheet - necessary) Board or Commission In Which You Are interested? —L,_'11pd'91 � !Jm 17�h%1 ,(111-ti�� Please Stat Briefly - Why You Are Interested In Serving On this Board/Commission For which You Are submitting An Application: Conflict of interest is define as the participation in any activity, recommended action, or decision from which the individual has cr could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this de_iaitie.*., do you have any legal or equitable a.-terest in any business, however crcanized�/ , which could be construed as a conflict of interest? Yes No X If vesplease protide details on a separate sheet of paper. "'---!ll--- In accordance with this definition, do you own a..^.y real property located in Scott county in which you have a legal or equitable _J which could be construed as a eon-liet of interest? Yes No If yes, please provide details on a separate sheet of paper. Ple se list -. .aree References (Name, Address and Phone) : y�/s VVII 2. y - gog 7 herebv certify that she facts within the foregci_7 application are true and correct `to�the best c' my knowledge. Signature -_TURN t_?LICA^701.1 Aj7 yL`_ 0; ty clerk City cf Shakopee Date 129 East First Avenue Shakopee, PIN 55379 945-3650 DATZ R c-v=:): V'23/Py N ociation of BULLETIN metropolitan municipalities FEg� '1988 February 24, 1988 C/TYOFSHAKOp fe TO: AMM Member Cities FROM: Vern Peterson RE: MANDATED SOIL EROSION AND SEDIMENTATION STANDARDS (H.F. 1953 - REPRESENTATIVE T. BENNETT, S.F. 1632 - SENATOR FRITZ KNACK) This bill mandates uniform standards for soil erosion and sedimentation control within the 7-County Metropolitan Area. The standards are to be developed and adopted by Soil and Water Conservation Districts and would then have to be incorporated into the Surface Water Management Plans developed as a result of Chapter 509. While it does not say so explicitly tin the bill, city plans per revQse� n�D p4and.thRnsbmigai°bbglrggF�s.y60)°w�ic�i°app l�ie�ton�yhtohe Hennepin County was introduced last session but was withdrawn at AMM request and upon commitment to work with the Hennepin County Soil and Water District to cooperatively develop and implement voluntary standards. That effort is progressing and passage of this bill would be a step backward! S.F. 1632 was 'heard' on Tuesday, February 23th. and was laid over until Tuesday, March 1st. , at my request, for further action.. ACTION REQUESTED: If your city has concerns with this bill, it is important that you let your local legislators know and also express those concerns at the legislative hearings. S.F. 1632 will be considered again on Tuesday, March 1st. at 1 :00 P.M. in Room 112 of the Capitol before the Public Lands and Water Subcommittee, Chaired by Senator Steve Novak. Please call Senate Novak's office at 296-4334 if you wish to testify on this bill. - - - 1$3 un_I_veBity avenue east,st. paul, minnesota 55101 (612) 227-5600 HF 1749 , HIGHWAY AND TRANSIT FUNDING PACKAGE: Representatives Kalis, Lieder, Jensen, Seaberg and D. Carlson will present this bill which calls for an additional 30% MVET transfer and a 3 cent gas tax increase to the full House for a final vote on Monday, February 29 . This bill has passed three different House Committees and is supported by the AMM. IT WOULD BE VERY HELPFUL IF YOU WOULD CONTACT YOUR REPRESENTATIVES) AND ENCOURAGE THEM TO SUPPORT THIS BILL. Thank you. DISTRIBUTION NOTE: This Bulletin has been mailed to all Mayors and Managers/Administrators individually. -2- FE82 51988 '-''TY OF SHAK4pEE February 23, 1988 Dear Mayor and City Manager: You are invited to a meeting on March 10, 1988, at 7:00 P.M. in the Minnetonka Community Center (map on reverse side) to discuss an issue of critical importance to your community. As you are undoubtedly aware, property tax reform is again a controversial issue with the Legislature. While several proposals will be considered, one in particular is especially damaging to metropolitan area suburbs. The cities of Minneapolis and St. Paul have joined with the Coalition of Greater Minnesota Cities (the larger outstate cities) and hired Briggs and Morgan to develop a property tax proposal to, in their opinion, "equalize" tax rates. Without going into details, the proposal favors those communities with residential values of under $68,000 per unit and lower commercial and industrial values. The proposal would eliminate the Homestead Credit and Local Government Aid Programs and use that funding for a new "Equalization" Aid Program. Generally, the more valuation your community adds above $68,000 from residences or from commercial and industrial development, the less relative (and in some cases, absolute) aid your City will receive. The proposal clearly works to the detriment of suburbs. Even those cities that don't immediately lose would ultimately because of the proposal 's bias against higher valuations found in suburbs. This proposal must be taken seriously. Its proponents are lobbying hard and unless there is some effective counterbalance, at least part of the proposal may be adopted. Therefore, the Municipal Legislative Commission is suggesting that all suburbs join to defeat this proposal. This is not a request to join the M.L.C. or to form another ongoing group. Rather, the meeting will concern how we may cooperatively work to defeat this proposal. Please share this invitation with other members on your City Council and join us on March 10, 1988 to review the proposal in more detail and plan our lobbying strategy. Sincerely,, �lly/I�1O.rrUq �" ' UJames F. Miller City Manager the city offices are located at 14600 minnetonka boulevard minnetonka, minnesota 553454597 933-2511 PI mout 24 is 1°I i .IW """I°I°° ''` Golden - A aue O l e 6 I�•Valle 66 r 55 L 2 4 ..r•,• 15 '5 16 :. '7y4oEtantl 16'w 61 16" � 41] e� D"pheva lel 60 .,. a * /• ul` `20 3 63 -e r L 4. 3 . f ton 61 31 ] _ 6 62 62 4 60 - 53 ,m• d w _ d ,3 .._. fC. Eden Prairie P 1' i ,y 1]• 32 < 19 � 1R3 loo fngto C. SI _ Yrpan IDOL MEMO TO: John K. Anderson, City Administrator FROM: Barry A. Stock, Administrative Assistant RE: Public Hearing - Request to Eliminate Universal Service DATE: February 24, 1988 INTRODIICTION• When the Shakopee Cable System was franchised in 1982, the cable company (Zylstra-United) agreed to provided Universal Service free of charge to subscribers. The cable company is now requesting that the City Council consider amending the Cable Franchise Ordinance eliminating the Universal Service tier. BACKGROUND: On January 26, 1988 the City of Shakopee received correspondence from United Cable Television requesting the elimination of the Universal Service tier. On February 1, 1988 the Shakopee Cable Television Commission held a meeting to discuss the cable company's request. Shown in attachment #1 is Section 6.01 of the Shakopee Cable Franchise Ordinance that provides for the Universal Service tier. The Universal tier is basically an antenna service that was to be provided by the cable company. Subscribers to the Universal Service tier receive channels 2 - 13 free of charge upon payment of a one time $35.00 installation fee. Mr. Steve Stolen, General Manager of United Cable Television has provided the City with information that he believes supports the cable company's request to eliminate Universal Service. (See attachment #2) . Financial Issues: At the present time there are approximately 81 subscribers in Shakopee who receive Universal Service. The cable company contends that this is costing them approximately $9,000 a year in operating costs. Because Universal subscribers generate no revenue, the cost for the provision of the Universal Service is being passed on to the other basic subscribers. Consumer Issues: Elimination of the Universal Tier would also allow the cable company to eliminate scramblers that they have on their basic channels (14-52) . This would allow those persons who have cable ready television sets to use them. At the present time, due to the scrambling of the basic channels so that Universal subscribers do not have access to these channels, persons with cable ready T.V. sets must have a converter box to receive basic service. If the Universal Service tier were eliminated, persons with cable ready T.V. sets would not need a converter box. It should be pointed out that a converter box will be needed at all times by those subscribers who wish to have access to premium services. System Operational Issues: The cable company contends that the scramblers that are used to scramble the basic channels are very difficult to maintain. The cable company contends that 253 of the head end related equipment failures are due to the scramblers. Removing the scramblers would give the cable company approximately 53 more time to work on line maintenance. Improving the line maintenance would ultimately improve the picture quality to all subscribers. Channel Line Up Issues Elimination of the Universal Service Tier would allow the cable company to relocate some of the higher viewed channels to the lower service tier. This would allow the cable company to put local off . air channels back on their proper channel designation. For example, channel 29 is currently on cable channel 7. Elimination of the Universal Service tier would allow the cable company to put channel 29 on it's proper channel designation. This would simply provide a convenience for cable subscribers. 1984 Cable Communications Policy Act In 1984 President Reagan signed into law the Cable Communications Act. This act basically stripped municipalities of their ability to regulate basic cable service. Prior to the Communications Act Of 1984 the City could control subscriber rates and services. Today however, the City has little control over the operation of the cable system. The City continues to have the authority to collect franchise fees, receive public, educational, and governmental access channels, the right to franchise out their cable system and the right to reasonably regulate the use of streets and right of way. I have been in contact with Mr. Gary Matz, an attorney for the Herbst and Thus Law Firm. Herbst and Thus was the firm that prepared our Cable Franchise Ordinance in 1981 and the major amendment that took place in 1986. I have also been in touch with Mr. Tom Creighton the attorney who represents the Minnesota Association of Cable Administration Administrators. Both of these attorneys have advised me that cities no longer have the authority to make cable companies provide Universal Service even if it was originally proposed in the franchise ordinance. I conducted a survey of the major cable systems in the Metro area to determine those systems that have Universal Service. At this time, the Shakopee/Chaska system and the Rogers Southwest System are the only two systems that provide Universal Service. Several systems have recently eliminated Universal Service within the last year including Rogers North Suburban and Rogers North Central. While this is a very difficult decision for City Council, staff believes that elimination of the Universal Tier will have an overall positive benefit on the majority of the Shakopee cable subscribers. Additionally, if we fail to release the cable company from the elimination of the Universal Tier, it is likely that the company will increase basic service rates and/or begin to charge for Universal Service. As I mentioned earlier, the City of Shakopee has no control over cable rates. Technically, the cable company could have eliminated Universal Service Tier without the City's permission. However, the cable company does not like to conduct business in this manner and they have agreed to what I believe is a fair Compromise. The cable company has agreed to provide six months of free basic cable service and a free remote control to all current Universal subscribers. The cable company is not willing to make this offer if the City does not eliminate the Universal Service Tier. CABLE COMMISSION RECOMMENDATION• On February 1, 1988 the Shakopee Cable Communications Advisory Commission stated that elimination of the Universal Service Tier would have an overall positive benefit on the cable system. While they were not happy about eliminating the Universal Service they felt that legally they had no control over this issue. The Cable Commission also felt that the provision of six months of free basic service to all current Universal subscribers was an equitable solution to this problem. The Commission felt that this was the closest the City could get to in establishing a win-win solution for everyone. The Cable Commission therefore moved to recommend to City Council that the Cable Franchise Ordinance be amended eliminating the Universal Service Tier and that the cable company agree to provide six months of free basic service and a free remote to all existing Universal subscribers. The appropriate Amending Ordinance is shown in attachment #3. ALTERNATIVES• 1. Move to approve Ordinance # 242 Amending the Cable Communications Franchise ordinance Eliminating the Universal Tier of Service. 2. Do not approve Ordinance # 242 Amending the Cable Franchise Ordinance Eliminating the Universal Service Tier. 3. Table action on this issue pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REODESTED: Move to approve Ordinance # 242 Amending the Shakopee Cable Franchise Ordinance Eliminating the Universal Tier of Basic Service and Providing that the Cable Company Agree to Provide Six Months of Free Basic Service and a Free Remote to Existing Universal Subscribers. I ' Attachment #1 l SECTION 6. SERVICE PROVISIONS 6.01 Services to be Provided. Grantee shall provide III all initial services and programming, as available, set forth in the Grantee 's offering and in this section. Grantee shall provide three tiers of service, Universal Tier, Tier I and Tier II , as set forth in Grantee 's offering. A. Universal Tier. The Universal Tier shall i include at a minimum, seven local broadcast chan- nels and five community or regional access chan- nels. These channels shall be provided free of monthly charce upon payment of a one-time installa- tion charge. The initial channel allocation of the Universal Tier shall be as follows: Cable Channel Designated Procramming/Services 2 KTCA - Channel 2 - PBS - St. Paul 3 Community Television Channel, Public Access/Community Bulletin Board 4 WCCO - Channel 4 - CBS - Minneaoolis 5 KSTP - Channel 5 - ABC - St. Paul 6 47PBT - Channel 29 - IND-Minneapolis 7 Leased Access 8 - KTCI - Channel 17 - PBS - St. Paul 9 KMSP - Channel 9 - IND - Minneapolis 10 Educational Access Channel/School Bulletin Board 11 WTCN - Channel 11 - NBC - Minneapolis 12 Government Access Channel/Municipal - Bulletin Board (Desicnated Emergency Channel) 13 Color Weather Radar (listed but not available ) f _ . Attachment 02 UNIVERSAL SERVICE KEY ISSUES Financial Consumers System operation Channel Line-up � pO� FINANCIAL ISSUES . 1987 SUBSCRIBER COUNTS YEAR END 1987 Total subscribers 2905 Universal subs 172---81 in Shakopee Universal subs equals 6% of total subscribers OPERATING COSTS FOR 1987 $314,065.00 X.06% Universal $ 18,843.90 Operating costs for Universal 1987 OPERATING EXPENSE NOTED ABOVE IS LESS Franchise Fees Bad Debt Pay-Per-View Royalities Premium Channel Royalities CONSUMBE.R ISSUES Through the elimination of Universal, the possiblities of removing the scramblers on basic channels becomes possible. What this means to all of the subscribers that have cable- ready televisions is the possible elimination of the converter boxes if they are basic subscribers only. This however, does not eliminate the need of a converter box for those subscribers that have premium services or those who want access to pay-per- view movies and special events. 1 feel that his issue is important considering the fact that 157 to 207 of our complaints are generated from subscribers whom are basic subscribers and have cable-ready televisions that they cannot utilize to its fullest capablities. SII SYSTEM OPERATIONAL ISSUES Also, by eliminating the scramblers in the headends on all basic channels we could enhance service to subscribers because scramblers are 25% of over all headend related equipment failures. What this ultimately reflects is a 5% reduction in field related service calls. Thus, by eliminating the scramblers in the headend we would have 5% more time available to work line maintenance in the field. All this does is put more time on line maintenace, which ultimately affects picture quality to all subscribers. CHANNEL LINE-UP ISSUES The cable industry as a whole is moving in the direction of aliening local channels to there actual channel designa- tion. Also, the industry is placing highly viewed satellite services such as ESPN, Nickelodeon into lower channel designa- tions i.e. 6,7,8. The main reason for these moves is to get more viewing of these channels by subscribers, whereas, public broadcast and access channels have small viewing percentages versus the percentages of an ESPN or Nickelodeon. From an operation stand-point, I feel that we need the moves to enhance not only our operation but to put local off airs back on their proper channel designation. Given the current Universal service requirements, I cannot do what I have talked about in the above paragraphes. Attachment *3 1 ORDINANCE NO. 242 Fourth Series An Ordinance of the City of Shakopee, Amending Shakopee City Code, Chapter 15, Entitled "Cable Communication Franchise Ordinance, as amended" By Repealing Certain Sections thereof and by Enacting New Sections Thereof and by Adopting by Reference Shakopee City Code Chapter 1. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: SECTION I: eal Section 6.01 and Section 6. 03 are hereby repealed in their entirety. SECTION II: A new Section 6.01 is hereby adopted. 6.01 Services to be Provided. Grantee shall provide all services and programming, as available and set forth in this section. Grantee shall provide one tier of basic service as set forth in this section. A. Basic Tier. The Basic Tier shall include at a minimum fifty four channel service which includes broadcast channels, designated public, educational, religious, governmental and regional access channels, distant independent stations, religious programming, news services, weather services, sports programming, childrens and cultural programming, variety programming and premium services. The initial channel allocation of the Basic Tier shall be as follows: Cable Channel Designated Programming/Services 2 KTCA - PBS - St. Paul 3 Public Acess/Community Bulletin Board 4 WCCO - CBS - Minneapolis 5 KSTP - ABC - St. Paul - 6 Regional Access 7 KITN/UHF 29 8 KTCI - Channel 17 - PBS - St. Paul 9 KMSP - INDEPENDENT - Minneapolis 10 Educational Access 11 WTCN - NBC - Minnepolis 12 Government Access (Designated Emergency Channel) 13 Color Weather Radar 14 FAA Restricted 15 FAA Restrcited 16 FAA Restrcited 17 The Movie Channel (Premium) 18 Cable Value Network 19 Quality Value Convenience 20 Showtime (Premium) 21 Disney (Premium) 22 Future (Premium) 23 Home Box Office (Premium) 24 Cinemax (Premium) 25 USA Cable Network 26 The Learning Channel 27 Lifetime 28 Arts & Entertainment 29 WGN/Chicago 30 Music Television 31 The Nashville Network 32 WOR/New York 33 Financial News Network 34 Christian Broadcast Network 35 Trinity Broadcast Network 36 Eternal World Television Network 37 CNN Headline News 38 The Weather Channel 39 The Discovery Channel 40 C-Span 41 ETMA/UHF 23 42 Reserved for future programming 43 Pay-Per-View (Premium) 44 WCCO II 45 Cable News Network 46 FAA Restricted 47 WTBS/Atlanta 48 Nickelodeon 49 Tempo 50 Entertainment and Sports Programming Network 51 American Movie Classics 52 KXLI/UHF 41 B. Channel Realignment. The Grantee shall be permitted to realign broadcast channels with the exception of the designated public, educational, regional, religious and governmental access channels. Permission to realign the designated public, educational, regional and governmental access channels may be approved by the grantor providing that the grantee adheres to the variance procedure as set forth in the Cable Franchise ordinance. C. Universal Service Subscibers. The Grantee shall provide all Shakopee residents subscribing to the Universal Service Tier as of March 1, 1988 with six months of free Basic service effective on or before April 1, 1988. The Grantee shall also provide a free remote control for each of these subscribers during the six month period. SECTION III: Penalty Shakopee City Code, Chapter 1, entitled "General Provision and Definitions applicable to the entire City Code, including Penalty Provisions" is hereby adopted in its entirety by reference as though repeated verbatim herein. SECTION IV: When in force and effect After the adoption, signing and attestation of this Ordinance it shall be published once in the official newspaper of the City of Shakopee and shall then be in full force and effect. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1988. Mayor of the City of Shakopee ATTEST: Approved as to form this day of , 1988. City Clerk City Attorney MEMO TO: John K. Anderson, City Administrator FROM: Barry A. Stock, Administrative Assistant RE: 1988-89 One Year Work Plan DATE: February 23, 1988 INTRODUCTION• In order to maintain Star City designation, the 1989 Fiscal Year Work Program must be approved and submitted to the Department of Trade and Economic Development prior to March 31, 1988. BACKGROUND: On February 16, 1988 the Shakopee City Council reviewed the 1989 Fiscal Year Work Program as proposed by the Shakopee Community Development Commission. At that time the City Council suggested several changes and additional strategies to be included into the 1989 Work Program. I have incorporated the comments received from City Council into the 1988-89 Work Program as shown in attachment #1. The three new strategies that have been added to the work program as suggested by the City Council are as follows: 1. Investigate bringing a branch or extension facility of the U of M, St. Thomas, etc. into Shakopee for evening course offerings. (Strategy #16) 2. Initiate a weekly question and answer series in the local newspaper to be written by City Council members and/or staff. (Strategy #17) 1 3. Investigate the creation of new business development teams that focus on specific development interests (industrial, commercial, residential) comprised of members of various boards and commissions to work with potential developers and/or development projects. (Strategy #18) Staff has also added the word to "Discuss" to strategy 414. ("Discuss" securing the assistance of a consultant to prepare a market analysis for Downtown Shakopee. ) If City Council concurs with the strategies as specified in the 1988-89 One Year Work Program, it would be appropriate at this time to move approval of the plan. ALTERNATIVES: 1. Move to approve the 1988-89 One Year Work Plan and direct the appropriate City officials to submit it to the Department of Trade and Economic Development. 2. Request staff to incorporate any suggestions made by the Council for inclusion into the 1988-89 One Year Work Plan and bring it back to Council for final approval at their next meeting. 3. Amend the 1988-89 One Year Work Plan as proposed by the Community Development Commission and move it's approval as amended. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REOUESTED: Move to approve the 1988-89 One Year Work Plan as proposed by the Community Development Committee. - 1 I CL/ Attachment #1 Community Development commission (CDC) Shakopee Economic Development 1989 Fiscal Year Work Plan (July 1, 1988- June 30, 1989) Activity/objective: Implement an ongoing economic development program for the City of Shakopee stressing job retention, job creation, downtown redevelopment and the tourism industry. Purpose: To create new jobs, increase the local tax base, retain and assist existing business, attract new businesses and capitalize on the existing area development potentials. Budget: CDC Budget $93,110 ($66, 000 Convention and Visitors Bureau) Time Frame: Ongoing from July 1988. Projected Results: 53 Increase in local tax base. 2.53 Increase in population. 2.53 Increase in employment base. 103 Increase in the number of residential building permits issued. Attraction of at least one new commercial business in the downtown. Attraction of at least one new industry into the industrial park. Attraction of at least one elderly residential development. 53 Increase in tourists at the recreational facilities in Shakopee. Committee/Organization Chairpersons: Shakopee City Council - Mayor Dolores Lebens Shakopee Housing and Redevelopment Authority - Steven Clay Convention and Visitors Bureau - Theresa Roehrich, Director Shakopee Community Development Commission - Tim Keane Shakopee Downtown Committee - Gary Laurent Chamber of Commerce - George Muenchow, President Tourism Committee - Marilyn Hagermann Scott County Transportation Coalition - Fred Corrigan Planning Commission - City of Shakopee - Staff City Administrator - John Anderson Community Development Director - Dennis Kraft Administrative Assistant - Barry Stock City Planner - Douglas Wise City Engineer - 1989 Primary Work Task Investigate and implement activities, policies and programs which will provide for increased economic activity in the community and provide mechanisms that will promote activities which will allow for the orderly development of commercial, industrial, residential and recreational activities in Shakopee. Purpose To improve the economic vitality, aesthetic quality and image of the community and to increase the local tax base and provide additional employment opportunities. Budget 100$ of CDC Budget - $93,110. 00 ($66, 000 Convention and Visitors Bureau) Time Frame 1989 Fiscal Year Strategy Assigned To Completion Date 1. Develop a quarterly news- CDC July 88 letter that will be dis- Barry Stock tributed to the development community hi-lighting the economic activity occurring in Shakopee. 2. Develop and secure Request Downtown June 1989 for Proposals from developers Committee/HRA interested in the development Gary Laurent of the Southern half of Blk 4 in Downtown Shakopee. * 3. Attempt to negotiate a deal City Council August 1988 with the National Guard for Dennis Kraft the location of an Armory/ / Community Center in the community. 4 . Secure the assistance of a Planning June 1989 consultant and complete an Commission update of the City's Doug Wise Comprehensive Plan. * Could be completed earlier pending final securement of State funding and right-of-way. II �' 5. Distribute and analyze the CDC October 1988 results of the business Tim Keane retention survey. 6. Construct Phase I Part II City Staff November 1988 of the Downtown Redevelopment City Engineer Project including street reconstruction and streetscape. 7 . Assist the property owners of City Council/ August 1988 the Shakopee Valley Mall in HRA their redevelopment efforts. Dennis Kraft 8. Attempt to secure 501-C CDC May 1989 designation for Shakopee's Jon Glennie/ Development Corporation and Dennis Kraft restructure it's membership. 9. Initiate an analysis of Huber Downtown June 1989 Park and the possibility of Committee converting it to commercial Gary Laurent use as part of a larger river-front development project. 10. Set up an on-going program CDC August 1988 that encourages monthly Tim Keane breakfast meetings with business persons in the community. 11. Comprehensively amend the Planning June, 1989 Shakopee Zoning Ordinance Commission/ in order to facilitate City Council sound economic development Doug Wise/ in a timely manner. Dennis Kraft 12. Prepare a Request for Downtown January 1989 Proposal Package that would Committee attract developers to Down- Gary Laurent town. The proposal should be site specific and should define the level of City assistance available to the developer with the best proposal. The request for proposal specifications should be formally approved by the Council. 13. Prepare a Request for Proposal Community November 1988 that targets developers who Development have experience in redevelop- Commission ment. The proposal would Tim Keane simply direct developers to the prime areas for development in Shakopee. 14. Discuss securing the - Downtown July 1988 assistance of a consultant Committee to prepare a Market Analysis Gary Laurent for Downtown Shakopee. 15. Attract an elderly housing City Council/ June 1989 project to the community HRA utilizing little or no City Dennis Kraft finanical assistance. 16. Investigate bringing a branch CDC April 1989 or extension facility of the Tim Keane U of M or St. Thomas into Shakopee for evening course offerings. 17. Initiate a weekly question City Council July 1988 and answer series in the John Anderson local newspaper to be written by City Council members and/or staff. 18. Create new business develop- CDC Sept. 1988 ment teams that focus on Tim Keane specific development interests (industrial, commercial, residential) comprised of members of various City Boards and Commissions to work with potential developers and development projects. MEMO TO: John E. Anderson, City Administrator FROM: Barry A. Stock, Administrative Assistant RE: Huber Park Trail Project DATE: February 23, 1988 INTRODUCTION• In 1984 the City of Shakopee received a LAWCON/LCMR Grant for the construction of an overlook and improvements to the Huber Park Trail. Last October the Shakopee City Council authorized the appropriate City officials to enter into an agreement with Westwood Planning and Engineering for the landscaping and architectural design services associated with this project. Since that time, staff has been working with Westwood Planning staff in preparing the final design for the improvements and observation platform. A set of final design plans has been completed at this time. I£ Council is in agreement with the plans as proposed, it would be appropriate to proceed in ordering bids for the proposed project. BACEGROUND• On December 2, 1987 the Shakopee City Council approved locating the observation platform in front of the senior citizen highrise. In December soil borings were taken in this area and structural engineers have determined that is possible to construct the observation platform in the location as approved. The actual design of the observation platform will resemble a gazebo type structure. (See attachment #1) . The structure will be supported with steel columns and the observation platform itself will be constructed of pre-cast fabcon panels. Deck railing will be installed to prevent persons from falling off the platform. To improve the appearance of the facility we have also added decorative brick piers at 9' intervals along the platform. The roof of the structure will be constructed out of wood with asphalt Timberline shingles. Shown in attachment #2 is a complete landscape design of the entire Huber Park Trail Project area. The majority of the trail improvements are taking place in front of the overlook platform. Shown in attachment #3 are the preliminary cost estimates for the Huber Park Trail improvement project. The cost estimate is within the budgeted grant amount. To insure that bids come in under the budgeted grant amount, staff is recommending that the landscaping portion of the project be bid as an alternative. This would give the City the ability to cut out some of the landscaping elements should the final bids come in higher than the engineers estimate. Shown in attachment #4 is a letter from Tim Erkilla, Westwood's Landscape Architect outlining a preliminary time schedule for completion of the Huber Park Trail Improvement Project. No decorative lighting has been included in this project. Decorative lighting is not an eligible Lawcon/LCMR expense. A Security light will be positioned in the roof of the gazebo. If Council wishes to pursue decorative lighting in this area, it would be appropriate to budget accordingly in 1989. The City Building Inspector, Engineer and I have reviewed the final design plans and cost estimates and are recommending to City Council that the appropriate City officials be authorized to advertise for bids for the Huber Park Trail Improvement Project. ALTERNATIVES• 1. Authorize the appropriate City officials to advertise for bids for the Huber Park Trail Improvement Project. 2. Make suggestions for improving the final design for the Huber Park Trail Improvement Project and authorize the appropriate City officials to advertise for bids. 3. Suggest changes to the final design plans for the Huber Park Trail Improvement Project and direct staff to bring this issue back to City Council for their review at their next meeting. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REODESTED: Move to authorize the appropriate City officials to advertise for bids for the Huber Park Trail Improvement Project. U Attachment #1 1 IM p --- - - Z -- u I O s oT m cz r i < II m t i Illiil Attachment p2 F s1 m I m � g s ffi 9 �< R 9 I f11Lla • jII 9I i Iw ' � m 0 v xoF�es • mc.vr wuau OIJ Iii G I it ' fF f MINNESOTA Attachment *2 Cont. RIVER II V POLE _ : - , uhinl -fix'- a TV +y 411 t l: "��' . I�� y. � ���yt.4�l�t �•*F I M•^fir�_i.a..., s vrc�4 "J LEVEE DRIVE I _ SENID MI-RISE BUILDm4 HUBER PARK TRAIL PROJECT City of Shakopee Pro,c[ No. 87-15 p` Shakopee , Minnesota Attachment 93 `X` WESTWOOD PLANNING & ENGINEERING COMPANY JANUARY 13, 1988 PRELIMINARY COST ESTIMATE HUBER PARK TRAIL PROJECT SHAKOPEE, MF( A. LANDSCAPE ESTIMATE ITEM COST 1 . Plant Material (includes trees shrubs, $ 27, 698. 00 sodding, seeding, mulch, edging) 2. 6 ' Wood/Cast Iron Benches (3) S 3, 000. 00 3. Pre-Cast Concrete Pavers (576 S.F. ) $ 2,880. 00 4. Retaining/Seating Well (2 0 10') S 2,500. 00 5. Concrete Walk (144 S.F. ) 5 400. 00 6. Concrete Steps w/Railings (5 risers) $ 750. 00 7. Rework Bituminous Trail (70 L.F.) $ 630. 00 (accomodate handicapped access) 8. Depressed Curb (incl . curb removal) $ 150. 00 9. Conduit (for possible lighting) $ 500.00 i SUBTOTAL S 38,508. 00 B. ARCHITECTURAL ESTIMATE 1 . Steel Railing includes fabrication, $ 4,250. 00 painting, and installation by fabricator) 2. Asphalt Roofing (installation to include $ 2, 000. 00 Timberline shingles, underlayment and metal roof edge) 3. Brick Pier (Construction w/top two _ S 9,500. 00 courses half bricks in stack bond, height 42") 4. Wood Roof (materials fabricated and S 6,400. 00 delivered to site by Cedar Forest Products) .. . Wood Roof (Erection to include S 3, 850. 00 prestaining of wood materials (pre-staining is $900) 858 EDINBROOK CR SING.BROOKLVN PARK.WNNE60TA 55 (618)4848862 IS-O M 7415 WAV ATA GOIREVARD,6T.'MIS PARK.MINNESOTA SSAIS(618)6460155 Attachment 43 - Cont. � ( 1Y HUBER PARK ESTIMATE PAGE 2 6. Painting (of structural steel and s 1,500. 00 precast plank deck edge) SUBTOTAL S 27,500. 00 C. STRUCTURAL ESTIMATE 1 . Footings, steel frames, 6 precast S 36,000. 00 concrete above grade SUBTOTAL 8102,008.40 CONTINGENCIES a 5% 5,100.40 GRAND TOTAL 8107,108.40 Attachment i4 Xlvkk WESTWOOD PLANNING & ENGINEERING COMPANY FEBRUARY 24, 1988 MEMORANDUM TO: Huber Park Trail Project (187-15) File Shakopee, MN FROM: Tim Erkkila RE: Meeting 2-23-88 Present: LeRoy Houser,Barry'Stock Reg Silverthorne, John Oehlke, Randy Goertzen, Tim r The entire project shall be bid as one contract with the provision that plantings and benches may be deleted to conform to available funds. Deleted plantings could be rebid in a scaled down format (if necessary) in the fall. The target construction budget is $100,000. The Council will be asked for permission to advertise for bids at the March 1st, 1988 meeting. The City will advertise locally on March 17, 24 and 31st. Plans will be distributed by the City. The bid opening will be April 8th at 10:30 A.M. April 19, 1988 the Council will be asked to evaluate bids and potentially award a contract. Work could begin May 1, and be completed October 31, 1988. The City believes Timberline shingles will be donated to the project but will be installed by this contractor. The use of clay bricks in the railing piers was approved as was cedar roofing (under the shingles). The Landscape Architect, Architect and Structural Engineer shall coordinate relevant specifications into C.S.I. format. Westwood shall prepare the Advertisement for Bid, Contract forms and Bid Documents. Inspection of the construction work shall be by the City except for technical reviews by the design team as necessary and requested by the City. copies to these present. 8535 EDW BROOK CROSSING ANOOKLYN PARK.MINNESOTA 5550 Sod&2 E8$(gip,ORC.) UIS WAnATA BOOLEVARO.ST.LWIS PARK,MINNESOTA 55038 III Si5-0155 MEMO TO: John K. Anderson, City Administrator FROM: Douglas K. Wise, City Planner RE: Shingobee Builders, Inc. request for a 128 sq. ft. Temporary Identification Sign. DATE: February 26, 1988 INTRODUCTION: Section 4.30, Subdivision 3 L of the present City Sign ordinance allows for the construction of a temporary identification sign listing the name of the project, architects, engineers, contractors and finance agencies up to 24 sq. £t. in size during construction of a building. This provision also allows for temporary identification signs in excess of 24 sq. ft. to be allowed upon approval of the City Council. Shingobee Builders, Inc. requested a temporary identification sign of 128 sq. ft. be allowed on the site located East of Valleyfair where they will be constructing a new motel. BACKGROUND: Section 4.30, Subdivision 3 L of the City's Sign Code states:. "One temporary identification sign setting forth the name of the project, architects, engineers, contractors and finance agencies may be installed at a construction site in any district for the period of construction only. Prior approval of a majority of the Council shall be required for the use of any such identification sign in excess of 24 sq. ft. in area. " The current City Sign Ordinance allows two types of temporary signs to be placed on a construction site during the period of construction. These are temporary identification signs listing the - name of the project, architects, engineers, contractor or financing agencies, or temporary real estate signs advertising lease or sale of the property. The current ordinance allows a temporary identification sign up to 24 sq. ft. in area beyond which shall be allowed only by the approval of the City Council. Temporary real estate signs for commercial and industrial projects allow a sign advertising lease or sale of the property up to a size of 32 sq. ft. . In order for any developer to place a temporary real estate sign larger than 32 sq. ft. on the property a variance must be sought from the Board of Adjustment and Appeals. The Planning Commission is currently reviewing a draft of a new sign ordinance which would allow both temporary identification signs and real estate signs up to a maximum of 32 sq. ft. Any temporary identification sign or real estate sign larger than 32 sq. ft. would require a variance from the Board of Adjustment & Appeals. Shingobee Builders, Inc. will be constructing a new motel this spring immediately east of Valleyfair on Lot 2, Block 1 of Prairie House 2nd Addition. Shingobee Builders, Inc. has requested permission from the City Council to construct a temporary identification sign 128 sq. ft. in area. Attached is a drawing showing the message to be contained on the sign as well as a map showing the general location of the proposed sign. Recently the Board of Adjustment and Appeals granted a variance to County Village Apartments located on South Marschall Road to construct a 64 sq. ft. temporary real estate sign. The Board of Adjustment & Appeals reason for granting this sign variance was based on the location of the project being in an open, more rural area, where traffic was traveling at a much faster rate. County Village Apartments had requested a variance to allow them to construct a temporary real estate sign 128 sq. ft. , staff recommended not allowing a sign larger than 32 sq. ft. . ALTERNATIVES: 1. The City Council may pass a motion not granting Shingobee Builders, Inc. permission to construct a sign greater than 24 sq. ft. 2. The City Council may pass a motion granting Shingobee Builders, Inc. permission to construct a 128 sq. ft. sign as per their request. 3. The City Council may pass a motion granting Shingobee Builders, Inc. permission to construct a sign greater than 24 sq. ft. , but less than 128 sq. ft. (Specifying the maximum square footage) . STAFF RECOMMENDATION: Staff recommends Shingobee Builders, Inc. be granted permission to construct a temporary identification sign not to exceed 32 sq. ft. in area. (Alternative g3) Staff is recommending the 32 sq. ft. maximum because it is consistent with the proposed new sign ordinance now being considered by the Planning Commission and consistent with the City staffs recommendation for County Village Apartments. ACTION REOUESTED: Offer and pass a motion granting Shingobee Builders, Inc. permission to construct a temporary identification sign on Lot 2, Block 1 Prairie House 2nd Addition not to exceed sq. ft. DKW/tiv (1h1rnbee The M Indian Chamber of Commerce wishes to thank the owners of the future Valley View Inn for their supportive endeavor toward equal opportunity for minoity and waren { owned enterprises. OJ Shingobee Builders, Inc. 479-1300 - General Contracting - design/Build - Construction Management i Shingob, Builders. Inc. `9 y hedm Nree; PO. Bos 6 Inreno. 9S 55357, le:21479-1300 c—,,r i c.m icr 46 Co ,4l,wLan 4 D�s�aJGnld y_. .. 71, 7 .m T A . t � I J I B rL O C K I S�'l l rRv ,I NK -. _f = N'GH�AY „ ip � n1C N SCALE' I W CM=IOO FEET 2w SCALE IN FEET �=NOT-S IRON m:tN,,=NT FO r _ _ eon s e fj I— Ind MEMO TO: John K. Anderson, city Administrator FROM: Douglas K. Wise, City Planner RE: Proposed Planning and Zoning Enabling Legislation DATE: February 26, 1988 INTRODUCTION• A bill has been introduced in the State Legislature (HF 1888 and SF 1759) which would consolidate planning and zoning enabling legislation for counties, cities and townships into one act. Although the purpose of the act is to clean-up and consolidate existing legislation, it does introduce some changes which will have an affect on the planning and zoning requirements cities may enact. BACKGROUND: Current planning and zoning enabling legislation for counties, cities and townships have been adopted through separate acts and are separate sections of the State Statutes. The State of Minnesota establishing a Governor's Advisory Council on State and Local Relations which studied the existing legislation for the three types of local units of government and formulated a recommendation that would consolidate this legislation into one act. This act would make the planning and zoning requirements for each governmental unit more consistent. The recommendation of the Governor's Advisory Council on State and Local Relations has been introduced into the Legislature as Bills HF 1888 and SF 1759. Please find attached a bulletin from the Association of Metropolitan Municipalities which indicates their concerns about the new legislation and a recommendation to lay the bill over for interim study. Although I have not had time to study the proposed legislation in detail, I have read the proposed legislation and find nothing in the bill that would require the City of Shakopee to make any significant changes in our present planning and zoning requirements or procedures. A major concern of the Association of Metropolitan Municipalities is that the proposed legislation requires the Board of Adjustment and Appeals to be separate from the City Council and allows no more than one City Council member to sit on the Planning Commission. Current legislation allows for overlapping boards. The City of Shakopee has utilized the Planning Commission as the Board of Adjustment, therefore the proposed legislation would not change current procedure. Although I think the City of Shakopee's system is a good one, the proposed legislation does limit the flexibility available to cities for initiating new and different procedures for implementing planning and zoning programs. The proposed legislation combines the current enabling legislation for counties, cities and townships, but does not take into account a fourth piece of existing legislation, the Metro Land Planning Act, which affects only cities within the Twin Cities Metropolitan Area. In further reading the proposed legislation I have also found some sections where the language is not clear leaving some questions remaining specific requirements. ALTERNATIVES• 1. The City Council may take no position on the proposed legislation. 2. The City Council may pass a motion concurring with the Association of Metropolitan Municipalities recommendation and request the Legislature to lay the bill over for interim study. 3. The City Council may actively oppose the Legislation and pass a motion to notify our Legislators of the City's Opposition to the Legislation. STAFF RECOMMENDATION: Staff recommends alternative #2. The staff is generally supportive of the new legislation and feels that it is a definite improvement over existing State Legislation. However, the staff feels that a more thorough analysis of the legislation to determine it's long term affects On communities throughout Minnesota should be undertaken prior to enactment. The staff also feels that some additional fine tuning of the legislation is needed. ACTION REODESTED• Offer and pass a motion to inform our Legislators of the City's recommendation to the Legislature that the current planning and zoning enabling legislation (HF 1888 and SF 1759) be laid over for interim study. BULLETIN . association of - metropolitan municipalities 7, FEB2 '1988 February 19 , 1988 TO: AMM Member Cities CITY OF SHAKOPEE FROM: Vern Peterson - - Roger Feierson RE: LEGISLATIVE ITEMS REQUIRING URGENT ATTENTION 1 . PLANNING AND ZONING ACT: HF 1888 (L. Jennings) - SF 1759 (B. Adkins) A comprehensive and far reaching bill which combines and standardizes county, municipal and town planning authority into a single section of law has just been introduced. The bill originated in the Governor's Advisory Committee on State and Local Relations (ACSLR) and would substantially alter the local planning and zoning process. The AMM has no position on this bill as yet but a special AMM Task Force Chaired by Orono Administrator Mark Bernhard s on, has met once and already identified several general concerns including the following: A. MANDATES THE CREATION OF A LOCAL BOARD OF ADJUSTMENT WHICH CANNOT BE THE CITY COUNCIL. B. APPEARS TO IGNORE THE METRO LAND PLANNING ACT AND COULD CAUSE INTERFACE PROBLEMS. C. DIMINISHES CITY COUNCIL DISCRETION . - D. REDUCES LOCAL FLEXIBILITY AND OPTIONS IN PLANNING AND ZONING AUTHORITY. The AMM Task Force has made a recommendation to the AMM Board that it ask the Legislative lay the bill over for interim study. t � However, it appears that in spite of the far reaching impliciations of the bill, a major effort will be made to pass it this session. The Legislature has formed a joint subcommittee of members of the respective bodies' Local and Urban Affairs Committees and a hearing for this bill is scheduled for next week. ACTION SUGGESTED: Please review this bill and if you have concerns, please express those concerns at the hearing before the joint subcommittee. THE HEARING IS SCHEDULED FOR FRIDAY, FEBRUARY 26 AT 8: 30 A.M. IN ROOM 1A¢ �..o ,.� . �an, (ri9) 09- [F,nn 200 OF THE STATE OFFICE BUILDING. PLEASE CALL MARY LARSON AT 296-5486 TO GET YOUR NAME ON THE LIST TO TESTIFY. THIS MAY BE YOUR ONLY REAL OPPORTUNITY TO TESTIFY ON THIS BILL! . WE ALSO SUGGEST DISCUSSING YOUR CONCERNS WITH YOUR LEGISLATOR(S) . We think the following Senators and Representatives will be members of the Joint Legislative Subcommittee: Senators Representatives Betty Adkins Bob Anderson Bernie Lieder Joe Bertram David Battaglia Connie Morrison Dennis Frederickson Jerry Baverly Rich O'Conner Earl F.enneke Norm DeBlieck Tony Onnen Jim Vickermam Loren Jennings, Chair Sidney Pauly Bob Schmitz Virgil Johnson Ted Winter Tony Kinkel Attached is a copy of the AMM's Land Use Planning Task Force roster. See LMC Legislative Bulletin Number 2 for bill explanation. 2. PROPERTY TAY REFORM* The AMM Board of Directos and Revenue Committee have adopted a set of Principles governing Property Tax Reform. Currently none of the existing legislative proposals meet entirely the 14 Priniciples. The Board policy has been previously distributed to all member Mayors, Councilmembers, Managers/Administrators and all legislators. You should have received a copy. PLEASE CONTACT YOUR LEGISLATOR(S) AND CONVEY THE IMPORTANCE TO THE METROPOLITAN AREA OF SUPPORTING THESE AMM PRINCIPLES WHEN CONSIDERING PROPERTY TAX REFORM. 3. FISCAL DISPARITIES*: The Senate Tax Committee will be meeting soon to hear the AMY. proposal on Fiscal Disparities modifications. AMM member officials should let their legislators, especially the Senators, know of hour support for the AMM package. The AMM bills are HF 1125 (Rep. Rest) and SF 1134 (Sen. Reichgott) . *If you need further information or handout material on either Property Tax or Fiscal, Disparity Reforms, call Roger Peterson or Jim Kelly at 227-4008. DISTRIBUTION NOTE: This Bulletin has been mailed to all Mayors and Managers/Administrators The Legislative Contact system is nearly in place and future action Bulletins will be distributed to the contact individuals for your city. A Contact Coordinator, Jim Kelly has been hired. He is a Hamline Law School Graduate and currently completing a Masters program in Public Administration at Hamline University. CC: AMM Land Use Planning Task Force AMM R'ard of nirAntnnc � ! d AMM LAND USE PLANNING TASK FORCE Mr. Bill Barnhart Mr. Mark Bernhardson,Chair Mr. Kevin Frazell Gov. Rel. Rep. Administator - Orono Administrator City Hall Room 325M Box 66 750 So. Plaza Drive Minneapolis, MN. 55415 Crystal Bay, MN. 55323 Mendota Heights, MN. 5512 348-6534 473-7358 452-1850 Ms. Anne Norris Mr. Geoff Olson Mr. Ronald Rogstad Comm. Dev. Dir. Director Planning Comm. Serv. Dir. 15153 Nowthen Blvd. NW 1830 E. Co. Rd. B. 1584 Hadley AVe. , No. Anoka, MN. 55303 Maplewood, MN. 55109 Oakdale, MN. 55119 427-1410 770-4500 739-5086 Mr. Ryan Schroeder Mr. Blair Tremere Mr. Craig Waldron Asst. to the Manager Dir. of Comm. Dev. Ec. Dev. Dir. 4221 Lake Road 3400 Plymouth Blvd. 2660 Civic Center Drive Robbinsdale, MN. 55422 Plymouth, MN. 55447 Roseville, MN. 55113 537-4534 559-2800 484-3371 MEMO TO: John K. Anderson, City Administrator FROM: Dennis R. Kraft, Community Development Director RE: Draft RFP for the Shakopee Comprehensive Plan DATE: February 26, 1988 INTRODUCTION• Earlier this month the City Council authorized the initiation of the process to prepare a comprehensive update for the Shakopee Plan. As a part of this process an RFP has been prepared and is submitted to the City Council for their review at this time. BACKGROUND: The attached RFP is intended to be sent out to consultants after City Council review and approval. The RFP will hopefully hit all of the elements that Council members want in the Comprehensive Plan, however if additional items need to be addressed this will be the time to do it. RECOMMENDATION• It is recommended that the City Council review the attached RFP and approve it in either it's present form or an amended form. ALTERNATIVES: 1. Approve the RFP as submitted. 2. Amend the RFP. 3. Do not amend the RFP and do not approve it at this point. ACTION REOUESTED• Move to direct the Community Development Director to distribute the RFP to Metropolitan Area Planning Consultants. REQUEST POR PROPOSALS FOR A COMPLETE UPDATE OF THE SHAKOPEE MINNESOTA COMPREHENSIVE PLAN Introduction: The City of Shakopee is currently seeking proposals from qualified consultants to assist the City with a complete updating and revision of the City's Comprehensive Plan including the printing of a new planning document. Proposals shall be submitted to the Community Development Department at City Hall in Shakopee by noon on the day of March 21, 1988. The City anticipates selection of a consultant by early April, 1988. The project is to begin immediately after selection of the consultant and is to be completed within nine to twelve months. Background, The present Shakopee Comprehensive Plan was adopted in 1981. Data for this plan was gathered in 1978-80 and some of the data were from sources which were ten years old at that time. The current plan has a 1990 time horizon. A plan for the 1990's and to the year 2000 and beyond must be prepared. Specific reasons for updating the Shakopee Comprehensive Planinclude the following: 1. Dramatic changes have occurred in Shakopee since the adoption of the present plan. These changes include the construction of Canterbury Downs, the enlargement of Valleyfair, a significant population increase, and appreciable increases in traffic volumes on local streets and highways. Also, during the past two years progress has been made leading the construction of two new bridges over the Minnesota River directly serving the City of Shakopee. 2. New roads, not envisioned by the plan, have been constructed since the adoption of the present Comprehensive Plan and road classifications need to be changed. Planning must also occur for future roadway alignments. 3. Contemporary community values need to be assessed so as to determine if the Shakopee of the 1970's is what local residents want for Shakopee in the 19901s. 4. The Metropolitan Urban Service Area (MUSA) boundary needs to be reviewed to determine if it adequately provides for the future growth of the community in the next decade. 5. Shakopee needs to carefully assess it's strengths and weaknesses so as to be able to accurately target industrial and commercial uses which will allow the community to achieve a desired balance of residential and non-residential growth. 6. A determination needs ' to be made if the current plan reflects the ideas and goals of the present community leadership. 7. Policies for on-site sewage treatment systems located outside the urban service area should be included in the Comprehensive Plan. Likewise if additional regulatory ordinance amendments are needed these should occur as an outgrowth of the Comprehensive Plan amendment. 8. Future park needs should be adequately addressed in the plan. Sound justification must be provided for park land exactions (dedication) and dedication fees need to be adjusted to reflect current needs. WORK PROGRAM: Following is a general work program and description of tasks to be included in the Comprehensive Plan Update. The Comprehensive Plan Update must comply with all requirements of the Metropolitan Council, as well as meet the needs of the City of Shakopee. 1. Collection of Data - The following data need to be collected as an initial step for preparation of the update: a. Research and analysis of census and demographic data, existing plans and documents, etc. b. An inventory of existing housing and land use in the City. C. Public input into the needs and goals of the City to be determined, lst a satistical random sample survey of community needs/attitudes/goals followed by town meetings, and input from advisory commission(s) . 2. The Draft Plan - The consultant shall prepare a draft of the updated comprehensive plan to meet all requirements of the Metropolitan Council. The draft of the plan shall at a minimum include the following items: a. An introduction containing the need for the plan and the process used inpreparingthe plan. b. Background data, demographics, information on the community relating to housing, population, employment, etc. C. Planning Issues - a chapter dealing with current issues/concerns, needs and goals of the community. This section should reflect the interrelationship of the following chapters and a process for coordination of the implementa;.ion strategies of each individual chapter. Also the impact of the City's large recreation industry needs to be assessed. d. Land Use Plan - this chapter shall serve as a plan for land use in the future within the City. It shall contain an inventory and analysis of existing land uses, land use trends, development limitations/potentials such as; natural resources, infrastructure, etc. This section shall also contain goals, objectives, policies and an implementation strategy for the proposed land use plan. The chapter shall also contain future land uses and projected dates for development of particular areas of the community. e. Housing Plan - this chapter shall contain an inventory and analysis of existing housing and housing conditions and needs. The chapter shall also contain goals, objectives, policies, and an implementation strategy for achieving these. f. Transportation Plan - this chapter shall include information on the existing transportation system - within the community, future needs, and proposed transportation systems for the future. The chapter shall also include goals, objectives, policies and an implementation strategy for these. This chapter in addition should include specific traffic circulation plans. g. Surface wat r Drainage - this chapter shall include information on the existing system, current and future needs for surface water drainage. The chapter shall also include goals, objectives, policies and an implementation strategy for these. The chapter shall also include a proposed future plan for surface water drainage and timing for new improvements to the system. h. Sanitary Sewer Plan - this chapter shall include information on the existing system and future sewer needs of the community.It shall also contain goals and objectives, policies and an implementation strategy for achieving these. A plan for future sewer extensions and calculations for these. This section of the plan should also address specifically policies for on-site sewage treatment systems within the City. The methodology for this section shall be acceptable to the Metropolitan Waste Control Commission, the Metropolitan Council and the Shakopee City Engineer. i. Community Facilities/Parks Plan - this chapter shall contain an inventory and analysis of the existing system and projected future needs. The chapter shall also include goals and objectives, policies and an implementation stre" egy for these. The future plan for park and community facility improvements including locations and phasing of future parks, a development plan for parks and community facilities and the justification for exactions necessary to implement the plan. j . Capital Improvement Plan - this chapter shall incorporate the City's Five Year Capital Improvements Program into the Comprehensive Plan. 3. The consultant shall present the draft documents and background materials to appointed committeess, the Planning Commission, City Council and Town Meetings at which time these documents shall be reviewed. 4. The consultants shall revise and finalize the various chapters of the plan as needed based on input for the public meetings and meetings with the City Commissions and Council. 5. The consultant shall submit and respond when required to submit the document to the Metropolitan Council for their approval and shall respond as necessary to concerns raised by the Metropolitan Council. 6. The base maps produced to the plan shall be compatible with the City's CAD system. 7. The final plan report shall be made available to the City both in report form and on floppy discs which are compatible with the City's computer system. Special attention will be given to the possibility of using a P.C. desk top publishing system. SUBMISSION REQUIREMENTS The proposal submitted to the City by the consultant shall contain the following items: 1. A Narrative - The narrative shall describe the firms philosophy and methodology for completing the project. The narrative section shall also contain additional information on how the firm envisions the project and any additional information which the firm feels uniquely qualifies them for the undertaking of the project and sets them apart from other firms which maybe submitting proposals. 2. Work Program - The consultant shall provide a detailed work program outlining the various tasks to be accomplished, staff responsibility for accomplishing individual tasks, methodology to be used by the consultant, and a time frame for completion of each of these elements. 3. Cost - The consultant shall provide a breakdown of all costs to the City for completion of the project. This breakdown Of costs shall include estimated costs for each element of the project and a detailed description of basis for the charges for services by the consultant. This section shall also include a maximum not to exceed cost for completion of the entire project. 4. Qualifications - The consultant shall provide description of the qualifications of the company including other projects of a similar nature undertaken by the firm. The qualifications sections shall also include resumes for each of the staff assigned to work on the project. 5. References - The consultant shall provide names of other cities/clients for which similar projects have been completed. These reference lists should also include the name of a contact person, address and phone number for contact person. TIME SCHEDULE FOR SELECTION OF THE CONSULTANT The following schedule is proposed for the review of the Request for Proposals and subsequent actions. 1. March 2, 1988 - Request for proposals shall be sent to interested consultants. 2. March 28, 1988 - Proposals must be submitted by 12:00 noon. 3. April 4-6, 1988 - Staff review of proposals and selection of 2-5 consultants to be interviewed. 4. April 8-12, 1988 - The City shall interview 2-5 consultants, and make a recommendation to the City Council regarding the consultant to be utilized. 5. April 19, 1988 - The City Council approves selection of the consultant for the project. 6. April 20, 1988 - The City enters into a contract with the consultant for undertaking the project. The project begins. SUBMISSION OF PROPOSALS All proposals must be submitted to the City of Shakopee, Community Development Department, 129 East First Avenue, Shakopee, MN 55379, no later than 12:00 noon on March 28, 1988. The City of Shakopee reserves the right to alter the work program, time schedule, work to be done in-house by City staff, as well as to negotiate with the individual consultant on any of these items and costs to the City for their completion. Any questions regarding this request for proposals or the project should be directed to either Dennis Kraft or Douglas Wise at (612) 445-3650. a: f A�. �FI�iD�iPP (rDttiltilint2g f9PYtttLPB 129 Levee Drive Shakopee, Minnesota 55379 Phone 4452742 Community Education • Parks • Recreation • Adult Education Memo To: John K. Anderson, Administrator-City Of Shakopee From George F. Muenchow, Director-Shakopee Community Recreation Subject: Youth Baseball/Softball Athletic Field Rennovation-Maintenance Agreement Date February 25, 1988 Introduction Shakopee Community Recreation administers baseball and softball programs for approximately 726 boys and girls, ages 7-16 years of age. These summer activities are conducted on both school and city property. The Shakopee Youth Baseball/ Softball Association is the operating agency functioning under the umbrella of Shakopee Community Recreation. For many years these programs and the facilities that they use were the envy of this region. Just as in most other facets of life, the facilities eventually get worn out and the playing surface no longer remains at the desired standard for good and safe play. Shakopee Community Recreation is an operating agency. Maintenance of school and city facilities is the responsibility of the respective owners. Since the Schools do not own or operate equipment used for "dragging" infields, for many years City Park Personnel performed this function on the school fields as a service to S.C.R. In recent years because of time constrictions while working on City Park property, park personnel have found it to be more difficult to do this "dragging" on school property. This lowering of regular maintenance standards together with the previously mentioned "wearing out" problem has brought us to the current serious situation. A plan of action is needed and a written agreement must be accomplished. This memo is intended to resolve this dilemma. Background During the past year S.C.R. Staff have met with the affected parties (School Staff, City Staff, B.B./S.B. Assn. Leaders, and Lions Club Representatives) to develop a plan. The plan includes: 1. Out of pocket funding.. . . .Up to $6,000.00 will be supplied by the Lions Club. Up to $3,000.00 will be supplied by the Youth Baseball/ Softball Association. 2. Infield (School Facilities)/Renovation Labor & Equipment. . . . .To be spearheaded by City Of Shakopee Park Department. a. Renew 3 softball fields at Sr High School (72 bra) b. Upgrade 3 softball/baseball fields at Pearson School (24 bra) C. Upgrade 3 softball/baseball fields at Sweeney School (48 bra) d. Upgrade (patch) four softball fields at Jr High School (24 bra) e. Erect Players Benches at all fields. (96 bra) 3. Replacement Backstops.. . . .To be spearheaded by City Of Shakopee Park Department in August. a. Three fields at Sweeney School. (80 bra) 4. Infield Rennovation (City Facilities) Labor 6 Equipment. . . . .To be spearheaded by City of Shakopee Park Department in August. A COOPERATIVE EFFORT OF THE CITY OF SHAKOPEE AND SCHOOL DISTRICT 720 SINCE 1954 a. Renew Riverview Park (120 hrs) 5. Regular Maintenance Agreement a. City Park Department will "drag" and "manicure" all school and City Baseball/Softball Infields on a regular basis. (Monday through Thursday and Fridays when needed.) A special parttime reliable worker will be hired specifically for this purpose, beginning in April. b. Baseball/Softball Association Members will "manicure" infield "bare spots" as needed at the Jr High School Fields. c. City Park Personnel will cut grass on City baseball/softball fields as needed (maximum height of 1j" to be used as a guide) . d. School Personnel will cut grass on School Baseball/Softball Fields as needed (maximum height of 1}" to be used as a guide.). e. City Park Personnel will drag infields of selected fields used by School for extra curricular baseball and softball programs of the Jr and Sr High Schools in May and June. f. All liming of infield base paths when required will be done by school personnel for school games and by Baseball/Softball Assn. personnel for their games. Alternatives 1. Encourage all parties to agree to proposed Agreement as stated. 2. Deny Agreement Proposal. 3. Agree to an agreement somewhere between complete agreement and denial. Recommendation Agree to Youth Baseball/Softball Athletic Field Rennovation-Maintenance Agreement as proposed. Action Move to authorize the proper City Officials to enter into an agreement with the Shakopee Schools, the Shakopee Youth Baseball/Softball Association, and the Shakopee Lions Club for the purpose of upgrading and maintaining youth baseball/softball facilities used in the Shakopee Community Recreation Program. March 1, 1988 CITY OF SHAKOPEE MUNICIPAL SWIMMING POOL/WATER SLIDE 1988 PROGRAM/PLAN A_ INTRODUCTION The Municipal Outdoor Swimming Pool located in Lions Park first used in 1969, has been a summer focal point for thousands of fun seekers, swimmers and sunbathers. For a number of years the facility was able to meet on-site coats from revenues generated. In the past ten years this has not happened. It was anticipated that with the installation and operation of the Water Slide that this deficit operation would no longer exist. This did not happen for various reasons. It is hoped that an increase in revenue will occur eventually. The City has operated the pool as a major service to its constituents. The goal has been to provide a pleasurable, safe atmosphere of fun and instruction with a minimum of subsidy. B__BACKGRDUND 1. Weather conditions are a major factor that determines to what extent the pool is used each summer. If the temperature Boars into the 80's, 90'e and above people will flock to the pool 1n great numbers. If not, they won't. 2. Economic conditions seem to provide a framework of a wait-and-see attitude on the part of many potential pool users. There is a hesitancy to buy season tickets if there is a possible chance that they can get by purchasing only a few daily tickets instead. Cold weather at the beginning of a season is the culprit that stimulates this thinking. 3. Season ticket Bales have leveled off in recent years. 4. Lessons registrations also seem to have leveled off. 5. The 1988 Swimming Pool Budget is predicated upon bare bones operation mirrored after experiences of recent years. Emphasis on safety will remain most important! In 1984 a deficit was budgeted at 920, 650 with the actual deficit being 17, 844. The 1985 deficit was difficult to ascertain because of the blending in of water slide capital expenses. In 1966 the deficit was approximately 932, 000. In 1987 the deficit was 917, 700. The anticipated 1988 excess of expense over revenue is thought to be 925, 750. G. Free Season Tickets and Leeson Instructions are available to residents who qualify for the School Free Lunch Program. C. PROPOSED HOURS OF USAGE FOR SUKMER 1988 1. The season will begin Saturday June 11, and conclude Sunday, August 21 - 72 days. Seven days less than 1967 because of the late ending of school this year. 2. Staff will meet for a few hours (paid time) prior to the start of the season to prepare facilites and participate in staff training. 3. The pool will be available for open swimming from 1 :00-4:20 pm, 6:30-8:20 pm weekdays and 1 :00-7:00 pm weekends, dependent upon weather until August 12. Thereafter the hours will be from 1 :00-7:00 pm each day. alt 1988 CITY OF SHAKOPEE- MUNICIPAL SWIMMING POOL/WATER SLIDE PROGRAM/PLAN Page 2 4. Swimming Instruction will be from June 20 - August 12 weekdays. Hours are 10:15 am - 12:25 pm b 5:30 - 6:10 pm. Lessons are in blacks of two week periods, 40 minutes per day. They follow the Red Cross Program: Tiny Tots and Beginners through Advanced Lifesaving. The Advanced Lifesaving Course and Basic Rescue 6 Water Safety are four weeks in duration. During the first four week session Basic Rescue 8 Water Safety will be offered, during the second four week session Advanced Lifesaving will be offered. 5. The pool is available to organized responsible groups to reserve the pool for private splash parties beyond regular hours. The fee for these groups is 950 for 1 1/2 hours or 91/per person, whichever sum is greater. If the water slide is to be included, the group fee will be 9100 or 82/per person whichever is greater. D__PROPOSED_PERSONNEL_1988 The staff will consist of a Manager, Assistant Manager, Cashier, 8 Guards/Instructors, 6 Aides, and a backup crew of part-time employees. Each of these personnel are scheduled on a regular baste as needed. All perform important functions. They are paid only when they work. Action Requested Move to approve the City of Shakopee Municipal Swimming Pool/ WaterSlide 1988 Program/Plan dated March 1, 1988. E. 0 0 0 to t o pp ' N O 00 O O �O N laD 1 8 0 O O T V m 1 CED O �/1 .fir N O n I p N N + I MOD O O Y1 1 �O y M N W i N M N oy 1 1 I x u I W M w .Ni m ti 1 a I m mi mi mi �i � m n o o I ti n o 0 0 �n I 1 N N N N q I 1 1 1 I O m O1 m I TI I F I n rn w m m i V aD I p V �O V vl �O I.y vl �O p IO I wA aD O. W ly �n a m o. m m rn n l m aD a. n 1"1 H N N 1 ti �O O N I � I Kw w � I I I 1 � m OJ O ti N Q v1 m O] I� I Q V O OJ H M W K 1 K w K O 1 1 I I N N Pa •n V O .y .y N 1 F V m vl I U V � M V �O b O ISO I �O 0• V Im 1 b O I N V T P N a0 aD rn a T 1 aD O I b �O N �O �O N N DJ V1 O 1 O n I u1 N_ m -+ z .S V I I W N N •� ; MIS O p M W W I N K w 1 I 0 00 1 I m p p �O m v1 I m 1 d 1 H 1 m N I a YVV 'O 7 y w W .tX i o. m W .moi N vl vl TI U D O ZO H F F V] m F 0 0 H O O O l W � 0 O �pGG m m m m y3 q p m i u q F o M O d d d I m O F m vdi rii w ,.da Iy a vl vl a 1 c'J p 3 F F. 1988 SHAKOPEE MUNICIPAL SWIMMING POOL BUDGET � I 1987 CITY OF SHAKOPEE 1984 1985 1986 1987 1988 ACTUAL ACTUAL ACTUAL ACTUAL APPROP. 4100 Salaries FT 4868 7106 4865.65 2966 6500 4112 Overtime-Ft 117 221 35 4130 Temp. 25163 30389 35870.23 34668 40000 4140 PERA 262 309 205.22 123 350 4141 FICA 363 513 345. 23 207 550 4143 Pensions-Medicare 500. 11 467 565 4150 Health d LIfe Ins. 429 635 434. 56 258 585 4151 Worksens Com. Ins. 571 1010 1036.00 1125 1500 TOTAL PERSONAL SERVICES 31773 40183 38391.35 39849 5050 4210 Supplies 3101 5102 3887. 48 3571 6000 4215 Surface Materials 154 4230 Building Maint. 804 3238 5229.91 3094 5200 4232 Equip. Maint. A Repair 3015 495 8734.36 7664 5500 4310 Prof. Services 275 4319 Promotions 107 4321 Telephone 296 200 227.45 186 300 4330 Travel d Subsisten 257 4350 Printing L Publishing 164 640 323.47 257 700 4360 Insurance 1067 2987 2969.72 5616 3500 4370 Utilities 4260 6774 9637.82 11145 6500 4380 Rents 120 4395 Merchandise 3999 3979 5839.54 6018 5500 4411 Current Use Charge 1500 1500 1500.00 1500 TOTAL SUPPLIES 6 SERVICES 18206 25553 38349.75 37826 34700 4511 Capital Equipment 2557 162505 1119.00 275 1500 TOTAL CAPITAL EQUIPMENT 2557 162505 1119. 00 275 1500 TOTAL THIS DIVISION 52536 228241 77860. 10 77950 86250 irk G. PROPOSED WAGES POSITION I 1984 1985 1986 1987 PROPOSED 1988 1. Aides 93.10-3.50 93. 10-3.50 93. 10-3.50 93. 10-9 3. 50 93.30-3.70 S on duty at one time Concession, Bag Room t Shovers 2. Guards/Instructora 94. 15-4.55 84. 15-4.55 94.25-4.70 94.25-4.70 94.70-5. 25 7 an duty at one time 3. Cashier 94. 15-4.55 94. 15.4.55 94.25-4.70 94.25-4.70 94.70-5. 25 (1) 4. Manager 95.00-5.50 95.20-5.75 95. 30-5.90 95. 30-5.90 96.00-6.50 (l) 5. Asat. Manager 95.00-5.50 95.20-5.75 $5.30-5.90 95.30-5.90 95.AO-6.25 111 H. PROPOSED FEES 1. Family Season Ticket 929.00 929.00 929.00 932.00 932.00 2. Individual Season Ticket 917.00 917.00 917.00 917.00 917. 00 3. Guest Ticket l7 day out of torn gueet) Family 910.00 910.00910.00 910.00 ---- Individual 94.00 94.00 94.00 94.00 ---- 47-gFnior Citizens (age 60.) FREE FREE FREE FREE FREE Gate: Children (under 19) 91.00 91.00 91.00 91.00 91.00 (under age 1) FREE FREE FREE FREE FREE Adults 91.25 91.25 91.25 91.25 91.25 I_ RECOMMENDATION 1. Conduct a 10 week season at the Shakopee Municipal Swimming pool the Summer of 1988 with fees and hours as recommended by staff: Open: June 11 - August 21 June 11 - August 12 : Weekdays 1 :00 pm - 4:20 pm 6:30 pm - 8:20 pm Weekends 1:00 pm - 7:00 pm August 13 - August 21 Weekdays 8 Weekends 1 :00 pm - 7:00 pm Gate Admissions: Daily - Children (under 19) S 1. 00 Adults 1. 25 Season Tickets: Family 4 32. 00 Individual 17. 00 Sr. Citizens FREE Age 1 8 under FREE Instruction: June 20 - August 12 Children 4 12. 00 per/two week session 2. Water Slide Fees: One day (afternoon or evening) session pees 5 3. 00 Tickets (4 rides ) . . . . . . . . . . . . . . . . . . . . . . . . 1. 00 3. Grant Free season tickets and swim instruction ( 1 lesson session per individual) to residents that qualify for the School District #720 Free Lunch Program. 4. Wages shall be : Position(s) Beginning Experienced Aides 6 3. 30 9 3. 70 Guards/Instructors 4. 70 5. 25 Cashiers 4. 70 5. 25 Asst. Manager 5. 60 6. 25 Manager 6. 00 6. 50 5. Group Pool Rental (1 1/2 hours) : 5 50. 00 or 4 1. 00/per person whichever is greater. 6. Group Pool & Water Slide Rental ( 1 1/2 hours) : 9 100. 00 or 9 2. 00/per person whichever is greater. 7. Aggressive marketing shall take place wherever possible to encourage maximum usage of the swimming pool complex. WKSPEE MUNICIPAL SWIMMING POOL OPEN SWIMMING - SWMM NSTRUCTK)N - WATERSLIDE FUN PROPOSED 1988 FEATURING OPEN SWIMMING WATERSLRDE FUN a o0 t , v SWIMMING LESSONS OPEN JUNE U - AUGUST 21 (10 weeks) POOL HOURS JUNE 11 - AUGUST 12: WEEKDAYS 1:00 PM - 4:20 PM 6:30 PM - 8:20 PM WEEKENDS 1:00 PM - 7:00 PM AUGUST 13 -ALGUSP 21: WEEKDAYS & WEEKENDS 1:00 P.M. - 7:00 P.M. POOL FEES WATERSLIDE FEES Daily Admission: 4 Ride Ticket $1.00 Children (under 19) $1.00 Unlimited Rides per afternoon or Adults 1.25 evening session $3.00 SEASON PASS FOR POOL INSTRUCTION Family $32.00 JUNE 20 - AUGUST 12 (8 weeks) Individual 17.00 (10: 15 - 12:25 & 5:30 - 6:10) (two week intervals) FEES ,5DVJ$h smash $12.00 Per/Two week session waleasefide it's cool & Its fun) SHAKOPEE MUNICIPAL SWIMMING POOL - LOCATED N SHAKOPEE'S LIONS PARK WEST 11TH A/E & ADAMS ST. FOR FURTHER INFORMATION CON ACT: SHAKOPEE COMMUNITY RECREATION -445-2742 II .A, MEMO TO: John K. Anderson, City Administrator FROM: Ray Ruuska, Engineering Coordinator �Z SUBJECT: Marschall Rd./C.R. 16 Signals (Gorman Street) DATE: February 22 , 1988 INTRODUCTION: Scott County proposes to install signal lights at the intersection of Marschall Rd. and C.R. 16 (Gorman St. ) BACKGROUND: The result of traffic studies taken at the intersection indicates that traffic signal warrants have been satisfied. Consequently, a fully actuated traffic signal system complete with Walk-Don' t Walk indicators and pedestrian push buttons has been tentatively programmed for installation in 1988. According to County cost participation policy, the City is responsible for only those intersecting legs which are City streets. All legs are County except Gorman Street, therefore, the City' s cost is as follows: Estimated Construction Cost $70,000.00 City Cost (25%) 17,500.00 Engineering Cost (14% of City Share) - 2.450 .00 Estimated Total City Cost $19,950.00 Attached are two copies of Cooperative Agreement No. 8803 between the City of Shakopee and Scott County for the installation and operation of the signal system. The City cost would be funded by the Capital Improvement Fund. The Capital Improvement Fund (C.I.F. ) has $835,000.00 in cash at the beginning of 1988. There is $888,850 .00 earmarked for City Hall . There will be about $680 , 000 .00 in cash available for transfer into the C.I.F. from special assessment debt service funds whose bonds are paid off March 1 , 1988 . Therefore , although the signals are not budgeted in the C. I.F. for 1988 , this type of project is partly the purpose of the C. I.F. and there are funds available in 1988 for the signals. RECOMMENDATION: It is recommended that the City enter into Cooperative Agreement No. 8803 providing for the installation, funding and maintenance of traffic control signals at the intersection of Marschall Road and Gorman Street. Signals February 22, 1988 Page 2 REQUESTED ACTION: Move to authorize the appropriate City officials to execute Cooperative Agreement No. 8803 between the City of Shakopee and Scott County which provides for the installation, funding and maintenance of a traffic control signal system at the intersection of Marschall Road and Gorman Street with funding of City of Shakopee' s share by the Capital Improvement Fund. RR/pmp SIGNALS Agreement No. 8803 State Aid Project No. 70-617-10 CHAR 17 at CSAH 16/Gorman Street City of Shakopee County of Scott AGREEMENT FOR PARTICIPATION IN THE CONSTRUCTION AND OPERATION OF TRAFFIC CONTROL SIGNAL SYSTEM AND INTEGRAL STREET LIGHT THIS AGREEMENT, Made and entered into this _ day of —, 19_, by and between the County of Scott, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the mCountym and the City of Shakopeer a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the 'City". WITNESSETH: WHEREAS, It is considered mutually desirable to install a full traffic actuated traffic control signal system with mast arms and integral street _ lights at the intersection of County State Aid Highway No. 17 and County State Aid Highway No. 16/Gorman Street within the City; and WHEREAS, The City has expressed its willingness to participate in the construction and operating cost of said signal system and integral street lights; and _ 1 _ Agreement No. 8803 WHEREAS, Said work shall be carried out by the parties hereto under the provisions of M.S. Sec. 162.17. NOW, THEREFORE, IT IS AGREED� AS FOLLOWS: I The County shall prepare the necessary plans, specifications, and proposals; shall perform the required engineering and inspection; and shall install, or cause the installation of a full-traffic actuated traffic control signal system with mast arms and integral street lights at the intersection of County State Aid Highway No. 17 and County State Aid Highway No. 16/Gorman Street. Such installation, as described immediately above, shall be identified and accomplished under State Aid Project No. 70-617-10, hereinafter referred to as the 'project' , all in accordance with said project plans and specifications which plans and specifications are by this reference made a part hereof. II The term specifications as used herein shall mean the 1983 Edition of the Minnesota Department of Transportation •Standard Specifications for Construction" and the project special provisions. - 2 - Agreement No. 8603 III The City agrees that any City license required to perform electrical work within the City shall be issued to the Contractor or the County at no cost to the Contractor or the County. Electrical inspection fees shall be not more than those established by the State Board of Electricity in the most recently recorded Electrical Inspection Fee Schedule. All permits, fees, bonds, etc. , required by the City shall be issued to the Contractor or the County at no cost to the Contractor or the County. IV The City shall install, or cause the installation of an adequate three wire, 120/240 Volt, single phase, alternating current electrical power connection to the controller cabinet of the project at the sole cost and expense of the City. The City shall provide the electrical energy for the operation of the traffic control signal system and integral street lights to be installed under the project, all at the sole cost and expense of the City. V The County shall advertise for bids for the construction of this project, receive and open bids pursuant to said advertisement and enter into a contract with the successfull bidder at the unit prices specified in the bid of such a bidder, according to law in such case provided for counties. The contract is in form and includes the plans and specifications prepared by the County or its agents, which said plans and specifications are by reference made a part hereof. 3 Agreement No. 8803 VI The construction cost of the project shall be the contract cost. It is understood that the estimated construction cost stated hereinafter is for informational purposes only. The estimated construction cost of this project is $70,000.00. VIZ The City shall, as its share of the construction costs, pay the County twenty-five percent (258) of the actual construction cost of ,the traffic control signal system with integral street lights, plus fourteen percent (148) of such share as payment for Engineering and inspection of the State Aid Project No. 70-617-10. The City shall, based on the contract price, deposit with the Scott County Treasurer ninety percent (908) of the estimated City's share of the construction and engineering costs as partial payment within thirty (30) . days after award of contract. 4 - Agreement No. 8803 11 The remaining amount of the City's share of construction and engineering costs of this project shall be paid to the County upon completion of the project and submittal to the City of the County's final, itemized, statement of the project costs. In the event the partial payment exceeds the City's share of these final costs, such overpayment shall be returned to the City by the County. VIII The City shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or timing of the aforesaid traffic control signal system; however, nothing herein shall be construed as restraint of prompt, prudent action by properly constituted authorities in situations where a part of such traffic control signal system may be directly involved in an emergency. IR Upon completion of the work, the County shall maintain and repair said traffic control signal system at the sole cost and expense of the County. Further, the County shall maintain the integral street lights for the City except for maintaining photoelectrical controls, relamping, glassware, and cleaning of the glassware thereof. - 5 Agreement No. 8803 X The construction of this project shall be under the supervision and direction of the County. However, the City Engineer shall cooperate with the County Engineer and his staff at their request to the extent necessary, but shall have no responsibility for the supervision of the work. XI It is further agreed that the County shall not be responsible or liable to the City or to any other person or persons whomsoever for claims, damages, action, or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of any work or part hereof by the City as provided for herein; and the City further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance, negligent performance or nonperformance hereunder by the City. It is further agreed that the City shall not be responsible or liable to the County or to any other person or persons whomsoever for claims, damages, action, or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of any work or part hereof by the County as - 6 - Agreement No. 8803 I � provided for herein; and the County further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance, negligent performance or nonperformance hereunder by the County. It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided for herein to be performed by the City shall not be considered employees, agents or independent contractors of the County, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said City employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged on any of the work or services provided to be rendered herein shall be the sole responsibility of the City and shall in no way be the obligation or responsibility of the County. Any and all employees of the County and all other persons engaged by - the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees, agents or independent contractors of the City, and that any and - 7 - Agreement No. 8803 all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said County employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged on any of the work or services provided to be rendered herein shall be the sole responsibility of the County and shall in no way be the obligation or responsibility of the City. %II The provisions of M.S. 181.59 and of any applicable local ordinance relating to Civil Rights and discrimination and the affirmative action policy statement of Scott County shall be considered a part of this agreement as though fully set forth herein. 8 _ Agreement No. 8803 State Aid Project No. 70-617-10 CHAS 17 at CSAH 16/Gorman Street City of Shakopee County of Scott IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF SHAXOPEE By Mayor (SEAL) Date And City Administrator Date COUNTY OF SCOTT ATTEST: By By County Administrator Chairman of Its County Board Date Date Upon proper execution, this agreement will be legally valid and binding. By County Attorney RECOMMENDED FOR APPROVAL: Date By County Engineer Date APPROVED AS TO EXECUTION: By County Attorney Date 9 _ 114 MEMO TO: City Council ' FROM: John Anderson, City Administrator RE: Assessor's Position DATE: February 26, 1988 INTRODUCTION• As you directed, we have investigated the cost of retrieving the Assessor's position and placing it back in City Hall to enable Council to deal more effectively with taxpayer complaints. BACKGROUND• We are currently contracting with Scott County for the Assessor' s services for the sum of $4.50 per parcel plus 10% beginning in 1988; or $4.95 per parcel. The City had 4, 195 parcels in 1987. It cost the City $18, 887.00. There will be approximately 200 more parcels in 1988 and the cost will be $4.95 per parcel or $21,755.00. The County also charges the City along with all County taxpayers, for the portion of services not covered by fees through a mill levy? To retrieve the Assessor's position we estimate the following costs to the City: Assessor: $ 30, 000 Secretary: $ 21, 000 Part time field person: $ 15, 000 Schools $ 500 Supplies $ 11000 Total: $ 73,500 A second question is where to locate the department. There are a number of options available: 1) second floor of City Hall; 2) rent space at an estimated cost of $10. 00 per sq. ft. [the department would require approximately 240 sq. ft. ] ; 3) second floor of the Police Dept. or 4) move one of the present departments to the second floor of City Hall or the Police Dept. and have the Assessor utilize the vacated ground floor space. A third question that should be discussed is; why would Council retrieve the position? There are a number of reasons that might justify it. They are: 1. Poor quality in the assessment (uniformity, level of assessment both within the City and County) . The City has been given blanket increase from the State Tax Dept. because of low ratios for commercial, ag and residential property. 2. Lack of legal qualification by the present person doing our work to do mor€complex assessments. Our present County Assessor is only certified and has not met the standards for accreditation. 3. Poor communication by the assigned assessor with our taxpayers, as the Council received complaints regarding verbal abuse of the taxpayer or uncommunicative in dealings and belligerent behavior. Has the assessor been honest in dealings with the Board of Review and the taxpayer? 4. Is our work completed in a timely, cost effective manner? Does the Assessor provide all reports requested of him by Council or the Administrator? Is he delivering a service that is accurate and cost effective? How many taxpayer petitions are resolved by negotiations rather then District Tax Court, and how often has the Tax Court found in favor of the taxpayer instead of the assessor? SUMMARY: There is no doubt that our contract with the County for assessing is far cheaper then the amount the City would need to do the assessing. On the other hand, by retrieving it, Council might improve the quality of the assessment and make it more responsive to the City taxpayer. However, Council would also be more accessible to the taxpayer for valuation complaints. ALTERNATIVES: There are a couple of options open to Council. They are: 1. Retrieve the assessment and set up an Assessor's Department. 2. Leave it where it is. 3. Leave it where it is and request the County switch the present assessor assigned for Shakopee. 4. Advertise for a contract Assessor on a per parcel basis and require a minimum qualification of accreditation and/or an institute or society designation. 5. Leave it where it is for one year notifying the County that if the number of complaints continue Council will select alternative 1, 3 or 4. RECOMMENDATION• I have contacted Don Martin, County Assessor, to explain that we are reviewing our contract in light of complaints received. We agreed that we should hold an open Council has meeting for Shakopee taxpayers so that they could appear to discuss their complaints with Council. We would advertise the meeting and have three Council members present and representatives from Don' s office present. After the meeting the Committee of three Council members could recommend one or more of the alternatives above for Council action. JRA:cah MEMO TO: City Council FROM: LeRoy Houser, Building Official RE: Sewage Pumps - Memorial Park DATE: February 26, 1988 INTRODUCTION: I authorized the installation of the two new sewage pumps at Memorial Park for the City' s comfort station. After contacting three pump companies, only Waldor Pump had the time for the job. The attached request for payment was delayed because the billing was sent to the Chamber and back to the City a number of times. BACKGROUND• At the planning stages of the chamber building I was under the impression the existing pumps for our comfort station would service the park and the chamber without problems. After the project was started one pump went out. In talking to Jim Karkanen, the pumps have always been a problem and never worked properly. On learning this and in view of the pump outage, I authorized two new pumps installed. The chamber has agreed to pay one-half the cost of the pump replacements. Bear in mind, the pumps would have had to be replaced regardless of the chamber building going in or not. ALTERNATIVES• 1. Have the City pay 1008 of the bill. 2. Have the City and Chamber each pay 506. 3. Have the Chamber pay the entire bill. RECOMMENDATION• I recommend alternative number 2 because both the City and Chamber of Commerce are utilizing the pumps. ACTION REQUESTED: . Direct Finance to pay Waldor Pump $5,580 for Memorial Park replacement pumps for our comfort station and the Chamber of Commerce building, as per their agreement, from the Park Division Fund. LH:cah Attachment WALDOR PUMP Acw�N I� ��-�I•••�'__ p 97012 HMEM CO. !_ �� INVOICE N0. 91Z44 5700 XUMBOLOT AVE.SO. }+�� � ' MINNEAPOLB,MN.55= PHMEME15aa-5354 - INVOICE DATE DISTRIBUTORS OF PUMPS.COMPRESSORS,ELECTRICAL CONTROLS & INSTRUMENTATION.WATER&WASTEWATER TREATMENT EOUIPMEN- SEND ALI.CORRESPONDENCE TO-MAILING BOX 20007 Cite of Shakopee MPLS.,MINN.55420 SH IF TO Rest Area Lift Statim 162200 Shakopee. Y`: SOLD TO Lite of Shakopee 124 First Ave. MARKS per la;x, Hauser Snakooee. LI`. 55379 . SALESMAN WST.ORpER NO. OVR ORDER NO. PPD. COL. GPD:FRT. }� P Q}SFAT_ 1SS. E 19515 ADD ALLOWEO "llygt" IT30F5-266 230/1 2.0EP sub.. grinder :5.580.00 pucps vitt 15' cord 171-8c19G14 c 5/1+ 171-o6:xi;'-9 2 Cover-mtd. support & disc. away. v/ check and gait valves and labor s 4 4 IIT:-10 Floats vitt 40' cord 1 1 hIWA 1 230/1 wall-ctd duplex coatrcl paaci 1 t ;I DATESHIPPE 11NUMBER NIP ED VIF t,PS TOTAL � aop ee CHAMBER OF COMMERCE February 25, 1988 Mr. John Anderson City Administrator City of Shakopee 129 East First Avenue Shakopee, MN 55379 RE: Chamber of Commerce Memorial Park Sanitary Lift Dear John: This letter is to request partial payment of the attached bill for installation of a new lift pump shared by the Memorial Park rest facility and the Shakopee Area Chamber of Commerce building. At the time the Chamber of Commerce building was being designed, plans were coordinated with the City to install the sanitary sewer connection to the existing sanitary lift at the rest facility in Memorial Park. At about the time the sewer connection was being installed, we were advised by Building Inspector LeRoy Houser, that the existing lift pump at the rest faciltiy needed to be replaced. It was agreed at that time that a new pump should be installed and the cost of the pump would be split evenly by the Chamber and the City. Due to a bit of confusion, this bill has not been paid. The Chamber requests this bill to Weldor Pump in the amount of $5,580 be split to be paid $2,790 by the Chamber and $2,790 by the City. If you have any questions, please feel free to contact Virgil Mears or me regarding this bill. Very truly yours, Gn Timothy J. Keane Shakope Area Chamber of Commerce Building Committee TJK:lb Attachment c.c. Bob Blenkush, Treasurer 1801 Trunk Hwy. 101 P.O. Box 203 Shakopee, Minnesota 55379 612-4451660 CDNSe- NT S TO: Mayor, Councilmembers FROM: Tom Brownell, Chief of Police RE: Used Vehicle Purchase DATE: February 25, 1988 INTRODUCTION For the past six years the department has purchased used vehicles for investigative purposes. BACKGROUND The department has budgeted $8,500 in capital equipment funds. As in the past due to our method of purchasing used vehicles, staff is requesting authorization to accept quotations and disburse funds not to exceed $8,500. RECOMMENDATION: Authorize staff to accept quotations and disburse funds not to exceed $8,500. COUNCIL ACTION REQUESTED: Authorize staff to accept quotations and disburse funds not to exceed $8,500 for the purchase of one used vehicle. coN seNT Ilk TO: Mayor, Councilmembers FROM: Tom Brownell, Chief of Police RE: Police Computer Purchase DATE: February 25, 1988 INTRODUCTION The Police Department has $10,000 in Capital Equipment funding budgeted for 1988, to upgrade the departments computer system. - BACKGROUND Refer to attached memorandum presented and approved by the computer committee. The department received two quotations for the equipment. 1. AmeriData Systems, Inc. 10,767 2. Computer Exercise 7,927 RECOMMENDATION: Authorize the Police Department to purchase computer terminals, software and related hardware from Computer Exercise at a cost of $7,927. as detailed in memorandum dated January 28, 1988. COUNCIL ACTION R UESTED: Authorize the Police Department to purchase computer terminals, software and related hardware from Computer Exercise at a cost of $7,927. as detailed in memorandum dated January 28, 1988. To: Computer Committee, Citv of Shakopee From: Sgt. Dennis Anderson Date: January 26, 1568 Subject : Purchase of ComrPuter termina=E.. software and related hardware. This report addresses three areas relating to the police Department computer system. - The need tr_, expand the systern tadditional terminals) - The need to upgrade certain hardware and peripheral=_ - The need to upgrade certain software BACKGROUND: The police Department purchased and installed a computer system in the spring of 1986. The system consisted of one IBM-AT, three IBM Pc' s and an IBM PC Network. The IBM-AT served as a work station and file server. The three IRM-pC1s were used as work stations at the two remaining secretarial stations and in the Operations Room for use by the patrol officers to use for reports and data retrieval. In October, 1986 the Arneri-Data LES (Law Enforcement System) , data storage and retrieval system. was installed. The only cost of this software program was for training personnel to operate it. In February, 1987 the network was upgraded to a Novell '1'86 Network to increase the speed of data processing and retrieval. When this change was made the IBM-AT became a dedicated file server and necessitated the removal of the terminal from Operations to a secretarial station. The IBM-AT is equipped with a 32MB hard disk with a volume capacity of 31. 3MB. The LES data system programs use approximately 6MB of space. Currently the system contains approximately 21. 2MB of information and 10MB of free space. It is estimated that 1MB to 1. 25MB of information is added each month. This does not include reports and miscellaneous information which is stored on 5. 25 floppy disks. There are approximately 30 such disks full of this type information which accounts for another 10MB of information yearly. Thus, the total bytes of information processed yearly amounts to approximately 25MB. In addition, the police Department has added 1 additional secretarial position in 1988. This position does not have a computer terminal at this time. f The system currently has three printers available: - one Okidata Microline 84 (from engineering) - one Okidata Microline 192 one NEC 7715 Spinwriter (Letter Quality) The Okidata 192 is a small printer and is the only one currently on the network. because of the volume of work sent to this printer, it is not sufficiently constructed to handle a large volume. The reason other printers are not on the network is because the word processor, Professional Write, is not a networkable program and requires extra work to send programs thru the network to be printed. The NEC 7715 and Microline 84 are used as stand alone printers on two of the terminals. An additional printer for more heavy duty purposes would allow the connection of three printers to the network and still maintain the quality of the reports that go outside the department. (another area of concern is the recent authorization by the Scott County computer group to allow municipalities within the county to interface with the Scott County computer. The authorization to interface with the county computer will all the Police Department to retrieve Initial Complaint Report (ICR) information, officers' daily logs and to send and receive information from county offices ( ie. County Attorney, Sheriff' Dept. and Courts) via electronic mail. This could substantially increase the efficiency and effectiveness of the Police Department and result in a decrease in time spent by patrol officers delivering reports to the County Attorney' s and Clerk of Courts offices for prosecutorial purposes. PROPOSAL: To increase the efficiency and effectiveness of the current Police Department computer system the following recommendations are submitted for consideration: 1. The purchase of two additional work stations - one for the added secretarial position - one for the Operations Room * The 2 new work stations would be equipped with Tiara Arcnet hardware and software because of the substantial savings over IPM network cards. 2. Upgrade the IBM-AT file server as follows: - Upgrade current RAM from 640K to 2MB * This is an upgrade recommended when the Novell Network was installed to maintain the speed of the network system. - Install a 140MB hard disk in addition to the 32MB hard disk on board. * This installation will require transferring the current data from the 32MB drive to the 140MB drive and leave the 32MB drive to store reports and miscellaneous information. (See software upgrade) • The 140MB hard disk is estimated to allow the Police Department to store information for R approximately 3. 5 to 5. 0 years, depending on the increase in volume over that period of time, without a need to upgrade this area. 3. The purchase of Multimate Advantage II LAN and two additional user licenses. The GFS-Professional Write word processor is not suitable for the needs of the Police Department. The main reason being that 90 per cent of reports generated by the Police Department are formatted reports and the PFS-Professional Write does not accommodate forms fill-in. 4. The purchase of one additional printer. +' The additional printer would be a model designed for the heavy duty use that the Microline 192 is now being used for and has been found to be lacking in speed and durability. The new printer, NEC 7715 and Microline 64 would be installed on the network file server to accommodate the new word processing software and the huge amounts of daily, monthly and yearly reports required to be printed. S. The purchase of four internal modems and the appropriate communications program. These items would be installed to provide the communications link between the Police Department and the Scott County offices as described above. 6. Replace the three IBM-PC' s 8088 chips with the NEC V20 chips. - A relatively inexpensive item that should increase the processing speed of the IPM-PC' s. Attached are the quotes received from Ameri-Data and Computer Exercise for the equipment described above. The total for the necessary equipment from each firm is as follows: Ameri-Data $10, 767. 00 Computer Exercise $7927. 00 +t+t * This price does not include installation, the two additional word processor licenses or the three NEC V20 chips. Installation would be billed on a service call plus hourly rate. The installation would have to be during working hogs, Monday thru Friday. Approximate down time for our computer would be 9 to 15 hours. +rte This price does not include installation. Installation would be billed on an hourly rate. Installation could be done on Saturday and Sunday and would not affect the work schedule. Some of the installation could be performed by myself. 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O oa m EI G > 4 N E �y W Y t0. C N E E 0 v G m c m v 00 " H c m u m s 0 a V 000 0 0 00000000 0 v HHH 0 H 0 HHUH a .iw w 000000 L 000 00 0 H H H ti ti H U OO � O O 00 �00000 O W O H NCO I�t-m a F b NN M N N N H H N H N M N N '. . . . H . . . . . MMH N N U w m M N m H N H H H H H H H N V N H H N H N M f N WI V HHt� 1 H 1M[�\O.1 MMH N 6 p 00 O O N N N N N N N N O mmm m M MH MMM M M NN N N N NNNMMMMMMM M J G H H M H H H H H H H H H H H 00 t- O O O 00000 O. L o MEMO TO: Mayor and City Council F FROM: John K. Anderson, City Administrator RE: Sales and Use Tax Letter Agreement DATE: February 24, 1988 Introduction Attached is a Letter of Agreement the City has received from Jon G. Sarff an attorney who represents several un-named contractors who worked in Shakopee prior to May 9, 1985, and paid an unnecessary Sales and Use Tax. Mr. Sarff is under contract with the un-named firms to recoup some of the Sales and Use Tax they paid. Background Because of confusion in administering the State law many cities and contractors providing work for cities, did not file for an exemption from the State Sales and Use Tax. The payment of this tax by the contractor in turn meant the payment of the tax by the city which paid for the total project cost including tax. As the attached agreement indicates the contractors, through Mr. Sarff their attorney, did make a claim for refund and are eligible for such a refund. The City could be eligible for the refund if it had filed a claim as the appropriate time. Shakopee, like the cities listed in the attached list from Mr. Sarff and the longer list from the League, did not file a claim for a refund. The City does not have the records now to use in making a claim. Mr. Sarff has not identified his clients nor will he, because the City could then conceivably reconstruct some of the needed records and claim 100% of the refund. Gregg Voxland has checked with the League of Minnesota Cities and a few cities on the list provided by Mr. Sarff and agrees that it is in Shakopee' s best interest to sign the Letter of Agreement splitting the refund. This means that Shakopee will recover 508 of the Sales and Use Tax it paid through these contractors who themselves paid the tax and pasted it on to the City. The remaining 50% will be split between Mr. Sarff and his clients on a 17. 5% to 32.5% basis. Alternatives 1. The City can make an attempt to locate those firms that paid the sales and use tax, then investigate whether we have sufficient documentation to make a formal claim to the State. Staff does not recommend this alternative because we may expend a significant amount of time without any idea Of the size of the refund we might ultimately be able to claim. 2. The City can contract with Mr. Sarff as have 31 other cities, and allow his office to handle all of the paperwork. This would permit the City to recoup 50% of the sales and use tax paid for the projects in question. This would mean a 50% return without any City effort. These are projects we had not anticipated receiving any reimbursement on. Recommendation Gregg Voxland and I recommend alternative No. 2 for the reasons discussed above. Action Requested Authorize the appropriate City officials to enter into a Sales and Use Tax Letter Agreement with Mr. Jon G. Sarff, Attorney At Law, 523 South Eighth Street, Minneapolis, MN 55404 for the purpose of recovering 50% of the Sales and Use Tax incorrectly paid by certain contractors doing work for the City of Shakopee prior to May 9, 1985. JKA/jms i ATTORNEY A- SAW Jon G sarff 52950U HEIGHTH STREET MINNEAP045.MINNESOTA 55COt 1E 12155 -1261 John Anderson February 2, 1988 City of Shakopee 129 E. 1st Ave. Z ;3 Shakopee, Mn. 55379 FEB I t 1968 G/]y Qrr Re: Sales and Use Tax Letter Agreement SN,yKUpE Dear Mr. Anderson: I represent a number of contractors who wish to assist you in recovering refunds of sales and use tax for the period prior to May 9, 1985. I£ you have not filed a claim for refund, you are foreclosed from doing so at this time because of the applicable statute of limitation. However, a claim for refund can still be obtained through my clients who are willing to assist you in consideration of your agreement to permit fee participation on the -- terms-a-nd...conditions more fully described in this, Letter Agreement. My clients will make their claims for refund of sales and use tax available for your claim. I will provide you with legal advice in regard to the submittal of the claim and I have retained an independent public accounting firm (CPA) to assist us in the submittal and audit of such claims with the Department of Revenue. I will be responsible for the payment of fees to the referenced public accounting firm. In consideration of the services provided, you will pay the undersigned attorney 17.5% of all amounts of tax and accrued interest thereon recovered by you. In consideration of the services provided by my contractor clients, you will pay my contractor clients an additional fee of 32.5% of all amounts of tax and accrued interest thereon recovered by you. Thus, the aggregate fee paid to the undersigned and my contractor clients shall be fifty percent (50%) of all amounts recovered by you. You will keep and retain fifty percent (50%) of all amounts recovered by you. It is essential that you execute and return this Letter Agreement to the undersigned as soon as possible in order to avoid any prejudice to your claim under the applicable statute of llmitatlons. If you have any questions, please contact the undersigned. Once this Letter Agreement is executed by you and returned to my attention, I will contact you to arrange a time when your claim for refund can be reviewed by you prior to its submittal on your behalf. We are prepared to commence the preparation of your claim within approximately 30 days of your acceptance of this Letter Agreement. THIS IS AN OFFER TO ENTER INTO A BINDING CONTRACT UNDER THE TERMS AND CONDITIONS MORE FULLY DESCRIBED HEREIN. THE UNDERSIGNED TAX-EXEMPT ENTITY DOES HEREBY AGREE TO ASSIST AND COOPERATE IN THE RECOVERY OF SALES AND USE TAX REFUNDS FILED BY THE CONTRACTOR CLIENTS OF JON G SARFF ON BEHALF OF THE TAX-EXEMPT ENTITY FOR THE PERIOD PRIOR TO MAY 9, 1985. THE UNDERSIGNED TAX-EXEMPT ENTITY DOES HEREBY AGREE TO PAY JON G SARFF 17.5$ AND HIS CONTRACTOR CLIENTS 32 .5% OF ALL AMOUNTS OF TAX REFUND AND ACCRUED INTEREST THEREON RECOVERED BY THE TAX-EXEMPT ENTITY (AGGREGATE OF 50%) . Jon ar AGREEMENT AND ACCEPTANCE: The undersigned authorized representatives of the subject tax-exempt entity do hereby agree to and accept on behalf of the tax-exempt entity the offer more fully described above. Tax-Exempt Entity Authorized Representative Authorized Representative STATE OF MINNESOTA ) COUNTY OF ) ss. On this day of 1988, before me a notary public within and for said county, personally appeared and to me Personally known, who being by me duly sworn did say that they are respectively the and f the above-referenced tax-exempt entity, and that said instrumeont was signed on behalf of said tax-exempt entity by all persons required by the charter, articles, ordinances, or other authorizing requirements of the tax-exempt entity and that said authorized representatives did acknowledge said instrument to be the free act and deed of the tax-exempt entity. 11, 16380 CITIES THAT HAVE COMMITTED TO 50% PARTICIPATION AGREEMENTS Eden Prairie Blue Earth Buffalo New Prague Mankato St. Anthony Hoyt Lakes Red Wing Oakdale Richfield Shoreview Fergus Falls - Osseo New Brighton Prior Lake Champlin Oak Park Heights Alexandria Lakeville Hanska International Falls Saint Paul Cottage Grove Anoka Falcon Heights White Bear Lake Northfield St. Joseph Pine City Wadena Bartell Byron North Roochiching Sewer Board Jor� G SaTEf ATTORNEY AT LPW Jin G Sarff 523 SOUTH EIGHTH STREET MINNEAPOLIS.MINNESOTA 55a" IS 121332-12{1 February 24, 1988 I recently wrote you concerning an offer to assist the city in recovering over payments of sales and use tax collected from contractors during the 1981 to May 1985 period. You indicated that the city was examining whether it could do so without any assistance from the contractors. I am enclosing a copy of recent correspondence from the Department of Revenue which, I believe, clearly indicates that the subject refunds cannot be effectively recovered without assistance from my clients. In light of this new information, would you please reconsider Your position and let me know whether you wish to have our assistance. I have also attached a list of participating cities. Thank you for your continuing consideration. V truly ours, PIECEIVED s n c sarf FEB2 51988 CITY- OF er:AK,D c i CITIES THAT HAVE COMMITTED TO 50% PARTICIPATION AGREEMENTS Eden Prairie Blue Earth Buffalo New Prague Mankato St. Anthony Hoyt Lakes Red Wing Oakdale Richfield Shoreview Fergus Falls Osseo New Brighton Prior Lake Champlin Oak Park Heights Alexandria Lakeville Hanska International Falls Saint Paul Cottage Grove Anoka Falcon Heights White Bear Lake Northfield St. Joseph Pine City Wadena Sartell Byron North Koochiching Sewer Board Park Rapids , Chisago Minnetonka Brainerd v n G Sa f a STATE OF MINNESOTA DEPARTMENT Of REVENUE Mail Station 6522 St . Paul, MN 55146-6522 February 19, 1988 League of Minnesota Cities Attn: Laurie Fiori-Hacking 183 University Avenue E St. Paul, MN 55101 In Re: Zimpro/Tina Mechanical Court Cases Claim for Refund Laurie Fiori-Hacking We have begun our review of the claims submitted under a protective claim regarding the Zimpro, Tini Mechanical, and Acton Court Cases. The following information will be required for each claim: 1. Copy of job bid showing detailed description of: A. What job entails, B. Location of job showing legal boundries for municipality, county, and state properties, and C. Project number and related job numbers. 2. A. copy of the contract or other documentation showing that the contract was a qualifying sale of tangible personal Property to an exempt entity. if the claim is for more than one job, a copy of each contract should be included. The contract information should include a description of the scope of work as well as the contract amount. 3. If sales tax was paid on the material purchases, provide copies of the invoices evidencing the payment of tax to the vendor. Copies of material invoices should include notation on each invoice showing: A. Date of payment(s) , B. Check Number, and C. Job/Contract number. 4 . Copies of cancelled checks relating to the above mentioned invoices.. 5. Master list of invoices by job which should include the follow- ing information: A. Contractor B. Vendor C. Invoice N D. Dollar amount E. Date of final payment - Page 1 - AN EQUAL OPPORTUNITY EMPLOYER 6. If the materials includ::d in the qualifying sale of tangible personal property were from an inventory and cannot be specifically identified to a contract or sale, a detailed description of the transaction and an explanation of the method of arriving at the claimed amount must be included. 7• A schedule for the claim must be provided showing a breakdown of the refund requested by Sales and Use Tax reporting periods, and listing the amount of refund pertaining to each period, and the rate at which the tax was paid. 8. Provide a breakdown by source showing the percentage of funding provided for each project for which the refund claim relates to. (i . e. .Federal, Minnesota, other. . . . ) If you have any questions or need assistance, please direct your enquiries to: Minnesota Department of Revenue Business Trust Tax Claims Group Attn: M. A. Blackburn - !I Mail Station 6522 !, St. Paul, MN 55146-6522 Sincerely, - ! M. A. lackburn, Revenue Examiner Business Trust Tax Claims Group MAB:dg - Page 2 - y 183 University Ave.East Sl.Paul,MN 551111.2526 • League of Minnesota Cities (612)227.56W(FAX:221.0986) February 3, 1988 To: City Clerks. Please direct this communication to the city Manager or Administrator if your city has one. Also please o of this memo to your city attorney and - your city a ars on this list. F in Stan Peskar, General Cou RE: Sa unds - construction contracts 1981-85 A large num a ne or two attorneys offering to handle processing of cit claims £or improperly cpllec a axes. hese taxes were erroneously co ected from cont,ractors HjLen_rjties made - ac or t of construction contracts. Sewer and water pipe as well as other persona_ pr_.�,�a �Letns 1 i-lrc --`-...-._,, ,- m•..@..r..:z.—,=� cities-a -Construction r- -=��ui uuasee} by contracts before M.S. 297A.01 was amended to end exemption, effective May, 9, 1985, except for written contracts and written bids submitted before July 1, 1985. The issues and citation of relevant cases are set out inActon Construction Co. v. Commissioner of Revenue, 391 N.W.2d 828 (Minn 1986) Those cities with the revenue de artment back in 1985 or 198 tax amount, will Probably want to have their own personnel pursue the re un ur city englnee (-Yrg�ras useruiin proving your claim JAL f not and if the city does not have receipts showing the sales tax on persona m-nnnrty ,nrorocrated In the proiect your engineer may be able to get your contractors to cooperate by searching pro7ec� records and furnishing Documents. on the enclosed list, cities that file r e wi an E un er a CVE cc umn. This is a comp a e, but it is the revenue department list. M.S. 297A.35 Permits refunds if the claim was filed within the longer of the two following periods: 1. two years after the tax was paid 2. three years from the filing of the return Letters of request for refund along with documentation (receips or sales tax returns etc. ) should be directed to Williiam P. Bergeson Miinnesota Department of Revenue, audit division, Mail station 6522, St. Paul, MN 55146-6522. If the city has filed a valid claim but wishes to use outside counsel to process and prove its claim, Attorney Jack Elmquist (612) 371-9472 has offered to do so for one third of the refund or one fifth if no ontractor assistance is necessary. For claims over $20.000, he wants one fourth or 15 % if no contractor assistance is necessary. Those cities which did not file a claim in time to stop the statute of limitations from running may rely on a claim filed by the contractor if the contractor filed a claim within the statutory period. As in the case of cities which filed their own claim, M.S. 297A.35 permits refunds if the claim was filed within the longer of the following two periods: 1. two years after the tax was paid 2. three years from the filing of the return On the list furnished by the department of revenue cities for which wh claims have been filed by the contractor are identified by a C in in CVE column. This list also may or may not be complete. In cases where the city's claim was preserved by the contractor's filing for the refund, the city may well want to negotiate with either of the two attorneys to have them process the claim and share the refund with the contractors who were enterprising enough to file the claim. It is not clear that the fact that the contractor filed the claim in a timely manner gives it any greater legal rights in the refund than if the city had filed its own claim. However, it does seem fair to compensate the contractor more for having preserved the claim. More importantly, gaining contractor cooperation documenting the claim without giving them a piece of the action could be difficult in cases where the claim was preserved by their action. Mr Elmquist has offered to process contractor initiated claims for one half of the claim. For claims over $10,000, one third. In each case attorney costs would be paid out of the contractor Share so the city would receive either one half or two thirds. These terms may or may not be reasonable depending on the effort required to research, document and otherwise prove each claim for refund. However there may be some efficiencies to be gained by using a single firm to process those claims which the city does not choose to handle itself. The other attorney who has been contacting cities offering to represent them is a Jon Sar£f. He has not contacted me and I do not have his phone number. Gl-h:,311 DATE PERIOD OF CLAIM t ENTITY JOE d CVE • DATE PERIOD OF CLAIM d ENTITY JOS J CVE RECEIVED CLAIM RECEIVED CLAIM C/ PLMWTH 764 10,7684090779/72377x' C Cl MEN PRAGUE 554 010180/123161 Cl AVODBURY 554 070/6]/113167 111081 C/BLOOMINGTON 161 C Cl EAGAN 165 11:781 0101511113I67 Cl EAGAN 565 010/80/123170 Cl AMOKA 163 ]00179/113fl8 C/PLYMOUTH 161 710184 0101841110584 CX. ANTHONY 835' 111881 010161/113181 C/ST. CLOUD 566 Cl OAKDALE 8217 Cl ST. PAUL 569 010185/113163 C/REDWING 8166 Cl JORDAN 564 NET. NASTE COLI CM SZCi Cl EAGAN $65 8271 Cl MANNA TO 576 8:77 Cl EDEN PRAIRIE 861 HOYi LKS MTR TRTMT 6256 Cl COTTAGE GROVE 571 MET. HASTE CONT CM B359 Cl ANOKA 866 Cl ST. ANTHONY 8361 C/BYRON 858 OI0181/11576: MET. -HASTE CONT CM 8164 Cl BLUE EARTH 863 8101 Cl EAGAN 165 Cl RICHFIELD 8106 C/MAPLE GROVE ISE Cl OAKDALE 8717 Cl MANNA TO 166 MET. HASTE CONI CM 6:12 C/PL MONTH 169 lIvIvI1131Bi 8164 C/RL MW7TH 16.' 041084 050179/17:779 C Cl COTTAGE GROVE 171 010180/1.'3180 Cl EDEN PRARIE 176 0701€1/ir1F7 Cl MAPLE GROVE 175 060191/113181 Cl ST. PAUL 173 041184 080179/113179 C C/ CHISAGO CITY 171 010180/113180 C/BLOOMINGTON 105 010181/723181 Cl SARTEL 181 050187/083181 C/MN'KATO $60 Cl ANOKA 163 C/NEN PRAGUE 554 C/FRUOEN7VA1 18C Cl SAW RAPIDS 556 Cl BUFFALO 141 C/SLOONINS70N 161 1128& 070183/123183 C/BYRON 868 C/A"URY 559 Cl MADENA 870 Cl MANKATO 552 Cl NEN BRI6NTON 875 C/PLYMOUTH 164 Cl EAGAN 878 C/It=17N 160 Cl FERGUS FALLS 101 C/BUFFALO 141 Cl MINNETONKA 104 Cl BUFFALO 141 Cl ANOKA 163 C/NEN ULM 548 C/COTTAGE GROVE 171 Cl BLUE EARTH - 663 C/ CHISAGO CITY 171 C/NEM ULM 561 Cl ST. PAUL 173 C/PL M;.'ffi 157 Cl MAPLE GROVE 175 Cl BURNSILLE 861 Cl EDEN PRAIRIE 176 C/ EDEN PRAIRIE 861 Cl SWTH ST. PAUL 163 C/P1 YMp ITH 76: Cl MASSON let 162484 090781/173181 Cl MANKATO 166 Cl BLOOMINGTON 185 Cl ANOKA 866 C/PL YIIWTH 189 Cl EDEN PRAIRIE BPA Cl LAKEVILLE 191 Cl BLUE EARTH 863 C/MIAMETONKA 193 Cl BURNSVILLE 861 Cl Sr. PAUL 569 C/BUFFALO 141 Cl PINE CITY 571 01-feb-S5 DATE PERIOD OF CLAIM l ENTITY JOE l CVE DATE PERIOD Of CLAIN l IN,-!TY JOE R C7^ RECEIVED CLAIM RECEIVED CLAIN Cl GOLDEN VALLEY S77 0476:5 13556 C C/ INVER GROVE $76 10;684 0901:1116018! C Cl INVER GROiE HIS $76 0129PS 010!81/113182 C C/MAPLE GROVE 151 610431113185 C/ST. JOSEPH 195 0107841113184 Cl MAPLE GROVE 198 096775/113175 Cl ST. JOSEPH 195 0101801713788 Cl ELK RIVER 575 010/F1/123151 C/HASTINGS 578 01,385 010184/113114 C C/ST. CLOUD 568 010153,1113103 111884 010184/083184 Cl EDEN PRAIRIS 109 018182111318.- [/MAPLE GROVE 581 080175,.1113179 C/SURNSVILLE 106 010180/113780 Cl COON RAPIDS 107 010161"In Tol C/$T. PAUL SBO 051604 080179/113179 C CUB FO00 579 010180/113180 C/HASTINGS 578 010181/113/61 C/ EDEN PRAIRIE 576 090181/113181 VAR NUNIC1PALITIES C/ELK RIVER 575 050785 13679 C C/ INTERNATIWN F 106 03."714 050175/11."%15 C C/MINNETONKA 104 010180/123180 Cl FERGUS FALLS 107 0101811123187 C/ FERGUS FALLS 101 OPO181"W181 C/ST. JOSEPH 195 DIOIB1172318E Cl MAPLE GROVE 198 01018.11723763 Cl EAGAN 878 101614 0101771123184 ROCHESTER N.I.P. 0270604-03 C Cl MINNETONKA 193 METRO W.T.P. 75-60 Cl MEN BRIGHTON 875 UNIV, OF MN 000-77-0346 031165 1,374 C METRO W.T.P. 74-01400A 101684 0901791123179 C METRO N.T.P. 0101801123186 METRO N.T.P. 400 010181/71318/ METRO W.T.P. 407 091564 0807791113175 C METRO W.T.P. 7101-314 010/801113100 METRO W.T.P. 71-01 0101P1J113161 METRO N.T.P. 375 080167/123187 NEiRO W.T.P. 402 0101821113181 METRO N.T.P. 408 011885 11017911:3184 C 101584 0961671101564 C 052SU 080179/723175 C 01018011:3188 OIDIF311:3183 010181/723111 021485 010184/11i164 0101831113183 01018111:3181 92664 OBD1751713179 C 051865 137U C DI01801T73160 100184 0801791113179 I 01018111;3161 070180/713180 10564 OB017911:3184 0107P1/113181 052584 08011911:3179 C 0101841113184 0101801113180 6161631113125 010187/113181 610181/113181 100284 100181/113181 C/ARAD HILLS DA If PERI00 OF CLAIN I EN71TY JOB 8 C6. 1 RECEIVED CLAIN DATE PERIOD OF CLAIN P ENTITY JOO 8 CYL RECEIVED CLAIN 110881 0104E/113181 610!63/113183 010181/113181 0101941113104 08018V121181 027985 010102/113182 C 100184 010181/123181 010183/113183 091684 010163/113163 0101841113181 101681 010181/063084 091184 0107821113184 11676 VAR MUNICIPALITIES C 032185 73444 C 070681 010191/123/81 12675 VAR MUNICIPALITIES 016:65 020181/033065 13563 C 091604 0801W113179 C 041585 030181/01318: 11209 VAR MUNICIPALITIES 0101801123180 092101 000179/173179 C 0101811113181 0101901123180 090181/043081 010181/113181 110584 0101841110184 VAR MUNICIPALITIES C 080181/123/81 0101831113183 VAR MUNICIPALITIES 0101821713161 1101791113179 010183/113183 0101801123180 091561 0101841074181 0101911123191 101182 090179/113179 C 1101811113181 ':AR MUNICIPALITIES 010180/113/00 0101821123162 VAR MUNICIPALITIES 0101811113181 062581 METRO M.I.P. 4653 C 102664 090187/713181 631885 13191 C 010182/123161 16:184 0901791113179 C 070/81/113163 0101801123180 010164/113161 0101811113181 061485 070184/113184 C 092604 08018V123181 0101631113183 011185 0101841173164 C 0101811113181 010183/123183 111994 0801811113181 0101821113182 051785 13706 C 102984 0701021100184 091184 0801791113179 11659 C 09,684 080179/113179 C 0101801113186 010180/123100 DICIBiI123181 01018V123181 0101831113103 080181/083181 010181/033181 0901811113181 091784 0701771113081 C CONTRACTORS 1N DRAMER 092407 OB0IW123179 01018011:3180 111161 106181/713184 C 01018VI23181 101664 096167/093061 VAR MUNICIPALITIES C 092784 0#0181/11318/ 070261 ROCHESTER/NLNTICEL C 100184 010181/113181 092664 0801791113179 C 010183/113183 0101901113180 010101/053184 010181/113181 011189 - C 171181 1001811103181 V 630005 0101841113194 112481 1101041113081 010103/123183 071181 070161/113/63 1111; ROCHESTER AMID 027080663 C 0101821113181 073084 11165 V 0101811123181 071681 12479 V 012385 0101841113184 062864 12561 V 0101531113183 080984 11501 V 010101/113182 091884 11656 V 102381 0901W123181 071104 12411 V 09;681 0801791123179 C 080661 1:494 V 0101801113180 071184 11110 V 80281 D 01-Feb-8B DATE PERIOD OF CLAIM d ENTITY JOB J :,VE DATE PERIOD OF CLAIM I ENTITY JOB I CV! RECEIVED CLAIM RECEIVED CLAIM 051581 040181/013081 12151 ANNANDALE 1320-1 V 060181/083181 13276 STERN COUNTY 051181 070101/033101 11275 WAR MUNICIPALITIES V 070181/063181 13177 Cl ST. CLOUD 010181 060181/103183 12,200 NT SNELLING CEMETA C 0501B1/063081 13170 Cl Sr. CLOUD 031885 010181/113181 C 075185 061582/09;183 11660 Cl BEMIDJI 071181 015193/123183 11165 080895 080181/123181 11079 Cl MONTEVIDEO V 051184 010182/113181 1;115 066:65 050181/073181 14080 Cl BRECKENRIDGE V 050294 050181/123161 12121 061095 13812 VAR MUNICIPALITIES ✓ 080681 080181/063081 11195 ROCHESTER MTP C 060755 010181/113182 13886 Cl MAI TE PARK 080584 010182/063083 11196 13887 Cl CROS8Y-IRONTON 090181 080181/083781 11663 Cl MOORHEAD C 010183/113183 13668 Cl ST. CLOUD 090181/093081 11661 13889 Cl ST. CLOUD 110181/113081 13890 C/ ST. CLOUD 110/81/113181 13891 C. WAITE PARK 050181/053181 13892 Cl MATTE PARK 010193/013083 050183/053183 13693 Cl AITE PARK 060183/063083 13891 Cl WAITE PARK 096IB31693083 010181/11318; 13895 Cl SAUK RAPIDS 100183/103183 010181/113181 13996 Cl MAI TE PARK 110163/113083 010181/11318( 13897 Cl kA,TE PARK 1201E3/12P183 13698 Cl NAITE PARK 062691 070181/015683 1291/ MET HASTE CONT CM 71-01-6(108) C 0705£5 050162/053182 13953 MTC COM L' 060182/063002 13953 VAR MUNICIPALITIES 062685 13911 C 080181/06316; 13951 Cl ST. PAUL 101185 011781/090685 11161 IUAFROTA NTP C 09019ifOS30b1 13955 Cl ST. PAUL 032593/100981 11161 KASSON MIR 100181/103181 13956 US AIR FORCE 070186 060185/663085 15171 Cl BENSON C 11016:/11318; 13957 Cl MAYIATA 111685 010185/013185 11691 636163/033163 13956 VARIOUS VENDORS IN DRAWER 010183/013065 13959 VARIOUS 050163/053183 13960 VARIOUS 091685 090183/011885 11197 BEMIDJI WTPV O6GlE5/G63O63 15961 VARIOUS 101885 010184/013165 11156 FER6U5 FALLS 81?P V 070183/073183 13961 VARIOUS 0801831CS3163 13963 VARIOUS BS 030195/033185 11111 V 100183/103183 13901 US POSTAL SERVICE 031706 090185/ 15037 ✓ 110183/113063 13965 O OF N 061686 033181/163185 15385 HASTINGS WTP V 110163/113183 13966 Cl NEN BRIGHTON 030785 010183/011883 13355 Cl AWAREAD CV 010183/013083 13356 010IB31013183 13357 ENTITIES IN DRAWER 120181/123181 13358 100181/103182 13359 0726B5 010161/723163 11019 C/PINE CITY E 060193/063083 13360 113185 010183/12316i 11713 Cl APPLE VALLEY E 070183/073183 13361 031585 010181/033181 13100 Cl MOORHEAD CV 011585 100182/113081 13166 Cl ST. CLOUD V 011985 060182/093081 13167 Cl WAITE PARK 090101/103181 13168 Cl SAUK RAPIDS 060181/073182 13169 C/ CROSBY, IRONTON 050183/083183 13170 Cl ST. CLOUD 060183/103163 13111 C/57. CLOUD 050183/053183 13172 Cl ST. CLOUD 070182/083]81 13173 Cl WAITE PARK 110183/113003 13111 Cl ST. CLOUD 060181/083181 13775 II '" 01-Feb-BB DATE PERIOD OF CLAIM l ENTITY JOB l RECEDED CLAIN DATE PERIOD OF CLAIN 7 ENTITY JOB 7 C'r[ RECEIVED CLAIN 071685 010181/113181 14051 84-3/6,84-8/10 84-7 09158S 690183/073184 14141 C/ VADNAIS HEIGHTS F OSISS5 010181/113184 14143 Cl SPRING PAR/ E 061685 070181/053185 14153 Cl ALEXANDRIA E 087685 088167/ 14156 Cl MOORH'EAD E 081065 070181/ 14166 Cl BROOXL YN PARK 95-01 E 85-61 OBS idS 010185/11318S 14085 Cl MADENA E 85-03 071995 /13091/073083 14059 85-04 071985 010/91/113/84 /4061 Cl MORRIS F 85-06 B5-07 95-OE 85-09 85-15 84-01 84-01 64-04 071985 010181/173185 14663 Cl HASTINGS E 86-06 6?36B5 070161/113184 14066 Cl ,NVER GROVE NET E 64-07 013665 14061 Cl MEDINA E 84-06 090195 07018;/073185 14081 C/ .NONTICELLO E 84-09 81-11 84-)1 94-13 090185 010181/113184 14093 Cl NAITE PARK E 64-14 090185 070183/113183 14006 Cl STAPLES E 84-5 080195 W1811113084 14103 Cl NORTH BRANCH E 84-16 111085 080104/093084 14660 63-07 080985 010181/113184 14718 Cl CANNON FALLS E 83-01 83-OS 83-0A 061185 070101/113184 IWS Cl MAPLE O;GVE E 83-OS 83-06 081185 010181/113184 14118 Cl MORA E 83-07 081185 010181/713184 14130 Cl SX7N ST. PAUL E 83-06 081305 080181/113105 14134 Cl CHAMPLIN 81-1,81-5 E 83-09 01-6 83-10 B1-7 83-11 81-7 83-11 87-7C EB-13 81-7E 63-15 81-76 83-16 81-7F 81-01 83-1,03-1 87-01 03-3 81-04 83-4,83-6,84-1 83-5,83-733-8 61-66 61-06 87-09 01-Feb-BE GATE PERIOD OF CLAIM 1 ENTITY JOB 9 NE DATE PERIOD OF CLAIM 1 ENTITY JOE 1 CV1 PECEi VEO CL'AIN RECEIVED CLAIM 81-09 81-10 06,765 030183/093081 14106 Cl ST PAUL-BD Of N E 81-10 081995 080181/053185 14217 Cl S7 PETER E 61-11 81-I1 090485 010104/113184 11130 Cl HOUNDS VEIN E M-789 090565 080162/053185 11135 C/IUMFROTA E N-796 051C'E5 080162;653185 11119 C/EACAN E N-833 198(-185 091185 080101/053185 11161 Cl PROCTOR E 051635 OFC1811053185 1!171 Cl STILLNATER E 091695 010101/113183 11115 Cl EAGLE BEND f 091785 080182/053164 14179 Cl COON RAPIDS 81-27 f B1-1 81-3 081185 0801821063085 14173 Cl NINONA E 81-16 63-17 0(-8 83-17 d3-ii,b5-31 0520F5 OF01611063085 1(143 Cl FALCON NEIONTS E 032565 0601921673185 11258 C,DULUTN E 05835 OFGId2/G53?ES 1(i.-S C/Bi0'M',N6TON 196;-675I F 19BF-Oi 11 19b2-0311 7902-02?? 1961-Eii1 1982-0311 1941-0111 19b2-0(11 9b2-0031 022145 0701811055105 I4781 Cl ST [LOUD E 1961-Gt1I OE2605 010181/113184 14791 Cl ANOKA E 1962-OSAI 1981-0641 7983-011i 1963-0131 1965-0151 1961-OZ'1 Ir� 01-Feb-6P DATE PERIOD OF CLAIM A ENTITY JO8 0 CVc CA TE PERIOD OF CLAIM a ENTITY JOB 8 CV: RECEIVED CLAIN RECEIVED CLAIN 1963-02A1 100705 01118310E1385 14413 Cl WIN'✓EIM I 1993-0311 102495 090182/103185 11177 C/NORTHFIELD f 1983-0411 110795 010161/113184 14SJI Cl MINMETONAA I 1983-0411 111285 100191/053185 14601 Cl MTOOBURY f 1983-0431 012195 110181/053185 11809 Cl N N4NAATO f i 583-08A/ 020366 050185/093085 14875 Cl N 57 PAUL f 1981-0711 010486 068184/113084 14881 Cl M17LLE F ,1991-0121 112596060/83/643695 159;4 C/ST JANES f 1984-0211 011687 090183/093086 16107 Cl BEMIDJI f 1984-0311 1984-0411 1984-9EAI 1980-0391 1981-0111 1981-0131 1981-0151 1981-0111 1991-0311 1981-0511 '951-07 PN-1981-E PN-1991-T PN-14-07-81 PH 26-67-79 SP278S-116 SP279S-30 AN 16-67-79 AN I5-67-79 092585 090183/093085 14316 Cl SHORfVEIM E 100285 090182/53185 14400 AMCPL HTR 6 LT CAN f 100385 090192/053185 14401 Cl BURNSVILLE E 100385 090161/053185 14403 Cl ROSEMOUNT E CC- n c-( MEMO TO: City Council FROM: LeRoy Houser, Building Official RE: Electrira_ Fee Schedule DATE: February 24, 1988 INTRODUCTION• The City currently uses the State Fee Schedule for electrical permits. BACKGROUND• On February 22 we received notification from Terry Krominga that the State is increasing their fees effective April 11, 1988. In order for us to stay current with the State fees we would need to adopt the new schedule. ALTERNATIVES• 1. Adopt the new State Fee Schedule. 2. Keep our current fee schedule for electrical permits. RECOMMENDATION• I recommend we adopt the new fee schedule. ACTION REQUESTED• Offer Resolution No. 2872, A Resolution Amending Resolution No. 2837 Adopting the 1988 Fee Schedule, and move its adoption. LH:cah Attachment RESOLUTION NO. 2872 A RESOLUTION AMENDING RESOLUTION NO. 2837 ADOPTING THE 1988 FEE SCHEDULE WHEREAS, the City Council has adopted a Fee Schedule for 1988; and WHEREAS, the City currently uses the State Fee Schedule for electrical permits; and WHEREAS, the State is increasing their fees effective April 11, 1988; and WHEREAS, the Council desires to amend the City's fee schedule by increasing the electrical permit fees to coincide with the State Fee Schedule. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shakopee, Minnesota, that the 1988 Fee Schedule is hereby amended by adopting the electrical permit fees as outlined on Exhibit A, attached hereto and made a part hereof. Be It Further Resolved, that the increase shall be effective April 11, 1988. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this lst day of March, 1988. Mayor of the City of Shakopee ATTEST: Approved as to form this day of 1988. City Attorney -- EXHIBIT A INSPECTION FEES 3800.1700 PAYMENT OF INSPECTION FEES 1 d Except as provided in part 3800.1300, all state electrical inspection fees are due and payable to the ',oard at or before commencement of the installation and shall be forwarded with the request for electrical 'nspection. Statutory Authority: Y.S s 326.241 subd 2 3800.1800 FEE SCHEDULE Subpart 1. Schedule. State electrical inspection fees shall be paid according to the following schedule. Subs. 2. Fee for each separate inspection. The minimum fee for each separate inspection of an installation, -eplacement, alteration, or repair limited to one inspection only is $15. Subs. 3. Fee for services or power supply units. The inspection fee for each service, change of service, emporary service, power supply unit, addition, alteration, or repair to a service or power supply unit shall ee: 0- to and including 200-ampere capacity, $15; for each additional 100-ampere capacity or fraction thereof, 55. A separate request for electrical inspection shall be filed for temporary services. - Subp. 4. Fee for circuits or feeders. The fee for each circuit or feeder, or addition, alteration, Dr repair of such circuit or feeder including the equipment served, and including circuits fled from feeders, except as provided for in subpart 5, items A to K shall be: s A. 0- to and including 100-ampere capacity, $4. B. For each additional IOD-ampere capacity or fraction thereof, $2. Subp. S. Limitations and additions to the fees of subparts 2 through 4. A. The fee for a sinale-family dwelling, shall not exceed $55 if the electrical service is not over 200-ampere capacity. This fee includes not more than three inspections. The fee for a single family dwelling over 200- to and including 400-ampere capacity shall not exceed $100. This fee includes not more than four inspections. These fees shall apply to each separate service, and include the service, feeders, circuits, fixtures, and equipment The fee for additional inspections shall be the reinspection fee in subpart 7. Multifamily dwellings with individual services to each unit are computed at the single family dwelling rate. B. The fee for each farm building or farm structure with a service not over 200-ampere capacity shall not exceed S55. This fee includes not more than three inspections. The fee for each building or structure with a service over 200- to and including 400-ampere capacity shall not exceed $100. This fee includes not more than four inspections. These fees include the services, feeders, circuits, fixtures, and equipment. The fee for additional inspections shall be the reinspection fee in subpart 7. Pole-top current metering and pole-top disconnecting means on the farm yard pole are exempt from inspection andinspectionfees. C. The fee for each unit of a multifamily dwelling having three to six dwelling units shall not exceed $30. The fee for each multifamily dwelling exceeding six units shall_ not exceed S20 per dwelling unit. This fee includes only the wiring in an individual owelling unit and the final feetler to that unit. The fee for the service and all other circuits shall be am specified in subparts 2 to 4, except that-the fee for each house panel shall not exceed $55. A separate request for electrical inspection is-required for each building. The fee for a two-unit dwelling or duplex shall be the same as for two single-family awellincs. D. Recreational vehicle parks fees shall be in accordance with subparts 2 to 4. E. The fee for mobile home park stalls shall be $6 per unit stall exclusive of the feeder to the mobile home with a minimum fee of $15 per inspection trip. The fee for permanently installed feeders shall be in accordance with subpart 4. F. In addition to the above fees, the fee for each street lighting stantlard shall be S1, and the fee for each traffic signal standard shall be $2. Circuits originating within the standard shall not be used -2- G G. In addition to the above fees, the fees for all transformers and generators for light, heat, and power shall be $5 per unit plus $3 per ten-kilovolt-amperes or fraction thereof. The maximun fee for a transformer or generator in this category is S40. R. In addition to the above fees, the inspection fees for transformers for signs and outline lighting shall be $5 per unit. I. In addition to the above fees, unless included in the maximum fee, the inspection fee for remote control, signal, alarm or communication circuits and circuits of less than 50 volts shall be S5 per each ten openings or devices of each system plus S2 for each additional ten or fraction thereof, with a minimum fee of S15 per inspection trip. J. In addition to the above fees, the inspection fee for each separate inspection of a swimming pool shall be $15. Reinforcing steel and bonding for swimming pools requires a rough-in inspection. K. In addition to the above fees, the fee for all wiring on center pivot irrigation booms shall be $30. The fees for all other wiring for the irrigation system shalt be as otherwise specified in this part. Subp. 6. investigation Fees: Work without a request for electrical inspection. A. Whenever any work for which a request for electrical inspection is reouired'by the board has begun without first obtaining the request for inspection, a special investigation shall be made before a request for electrical inspection is accepted by the board. -B. An investigation fee, in addition to the full fee required by subparts 1 to 5. shall be paid - before an inspection is made. The investigation fee Shall be equal to the amount of the fee required by subparts 1 to 5. The payment of the investigation fee does not exempt any person from compliance with all other provisions of the board rules or statutes nor from any penalty prescribed by law. Subp. 7. Reinspection fee. When reinspection is necessary to determine whether unsafe conditions have been corrected and the conditions are not the subject of an appeal pending before the board or any court, a reinspection fee of $15, may be assessed in writing by the inspector. - Subp. S. Special inspections. For inspections not covered herein, or for requested special inspections or services, the fee shall be S23 per hour, including travel time, plus 24 cents per mile traveled, plus the reasonable cost of equipment or material consumed. This provision is applicable to inspection of empty conduits and other jobs as may be determined by the board. Subp. 9. Inspection of transient projects. For inspection of transient projects, including but not limited to carnivals and circuses, the inspection fees shall be as specified in this subpart. The fee for inspection of power supply units shall be that fee specified in subpart 3. A like fee will r be required for power supply units at each engagement during the season. Rides, devices, or concessions shall be inspected at their first appearance of the season, and the inspection fee shall be $15 per unit. In addition to the fee for the power supply units, there shall be a general inspection for each engagement during the season at the hourly rate, with a two-hour minimum. In addition to the above fees, inspections required on Saturdays. Sundays, holidays or after regular business hours willbeat the hourly rate, including travel time. An owner of a migratory amusement enterprise shall notify the board of its season itinerary and make application for initial inspection a minim= of 14 days before its first enaaaement in the state. For subsequent engagements not listed on the itinerary sent to the Board, where the board is not notified at least 48 hours in advance, a charge of $100 will be made in addition to all required fees. Also, a fee at the hourly rate will be charged for additional time spent by the inspector if the equipment is not ready for inspection at the time and date specified on the request for electrical inspection . The fee for reinspection of corrections is S15 for each reinspection. Subp. 10. and 11. [Unchanged.] MEMO TO: John K. Anderson, city Administrator FROM: Judith S. Cox, City Clerk `"r- RE: Resolution of Appreciation to Jane VanMaldeghem DATE: February 17, 1988 Introduction and Background Jane VanMaldeghem has served on the Planning Commission from September 4, 1984 to February 4, 1988. She has stated that she is unable to seek another term at this time. Attached is Resolution No. 2866, A Resolution of Appreciation to Jane VanMaldeghem. Action Requested Offer Resolution No. 2866, A Resolution of Appreciation to Jane VanMaldeghem, and move its adoption. JSC/jms RESOLUTION NO. 2866 A RESOLUTION OF APPRECIATION TO JANE VANMALDEGHEM WHEREAS, Jane VanMaldeghem served on the Shakopee Planning Commission from September 4, 1984 to February 4 , 1988, and WHEREAS, Jane VanMaldeghem served as Chairperson of the Shakopee Planning Commission from February 5, 1987 to February 4, 1988, and WHEREAS, Jane VanMaldeghem has unselfishly contributed many hours of service to the City of Shakopee during her tenure on the Shakopee Planning Commission. NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council on behalf of the residents of Shakopee and on behalf of the Shakopee Planning Commission and the City staff, that the Shakopee City Council does hereby extend to Jane VanMaldeghem the deep appreciation of the City for her years of civic interest and dedicated service to the community. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 1st day of March, 1988. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1988. City Attorney CojvseMT /Z- MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk V RE: Resolution of Appreciation to Corrine McDonald DATE: February 17, 1988 Introduction and Background On January 17, 1984 Corrine McDonald was appointed as one of the original members of the Board of Directors of the Access Corporation. She served on this Board until January 31, 1988 and has chosen not to seek another terms. Attached is Resolution No. 2867, A Resolution of Appreciation to Corrine McDonald. Action Requested Offer Resolution No. 2867, A Resolution of Appreciation to Corrine McDonald, and move its adoption. JSC/jms RESOLUTION NO. 2867 A RESOLUTION OF APPRECIATION TO CORRINE MCDONALD WHEREAS, on March 20, 1984, the Shakopee Community Access Corporation, Inc. became a legally organized corporation under the laws of the State of Minnesota, and WHEREAS, Corrine McDonald was appointed by the City Council as one of the original members and has served on the Board of Directors of the Access Corporation until January 31, 1988, and WHEREAS, Corrine McDonald has unselfishly given many hours of her time and talents to serve on the Access Corporation Board of Directors. NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council on behalf of the residents of Shakopee and on behalf of the Shakopee Community Access Corporation, that the Shakopee City Council does hereby extend to Corrine McDonald the deep appreciation of the City for her time and efforts while serving on the Board of Directors of the Shakopee Community Access Corporation. Adopted in regular session of the City Council of the City of Shakopee, Minnesota held this 1st day of March, 1988. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of lggg_ City Attorney � zC� MEMO TO: John K. Anderson, City A ist ator FROM: Judith S. Cox, City Clerk RE: Snow Removal From Public Sid walks DATE: February 18, 1988 INTRODUCTION: On February 2, 1988, the City Council discussed brieflv the city code requiring the removal of snow from public sidewalks within 12 hours after a snowfall. After discussion, Council asked staff to bring additional information on the matter to Council. BACKGROUND: A number of cities were called to determine what require- ments other cities have adopted (see attached survey) . The increments being used are 12 hours, 24 hours, and 48 hours. The Public Works Superintendent suggested adopting the concept used by the City of Minneapolis, allowing the residential areas a longer period of time than the commercial areas. After discussion, consensus among the Public Works Superintendent, Building Inspector, City Administrator and City Clerk was to allow the residential areas 24 hours to remove snow from public sidewalks, but leave the commercial areas at 12 hours. The rationally for leaving the commercial areas at 12 hours is because the sidewalks are used more in these areas. -ALTERNATIVES: 1] Status quo - snow removal within 12 hours in all areas 2] Snow removal within 12 hours for commercial and 24 hours for residential areas as well as other areas ( zones) 3] Snow removal within 24 hours for all areas 4] Other RECOMMENDATION: Alternative 2, require the removal of snow within 12 hours in the commercial areas and within 24 hours in all other areas. RECOMMENDED ACTION: - Offer Ordinance No. 241, amending the city code to require snow removal in commercial areas within 24 hours after a snowfall and require snow removal in all other areas within 24 hours after a snowfall. ORDINANCE NO. 241 AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING SHAKOPEE CITY CODE CHAPTER 7 ENTITLED "STREET AND SIDEWALKS GENERALLY" , SECTION 7 .04 ENTITLED "ICE AND SNOW ON PUBLIC SIDEWALKS", SUBDIVISION 1 ENTITLED "ICE AND SNOW A NUISANCE" BY CHANGING THE NUMBER OF HOURS AFTER WHICH SNOW SHALL BE REMOVED FROM PUBLIC SIDEWALKS AFTER A SNOW FALL; AND, BY ADOPTING BY REFERENCE, SHAKOPEE CITY CODE CHAPTER 1 AND SECTION 7.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS: SECTION I. Shakopee City Code, Section 7. 04, Subdivision 1, is hereby amended, to read: Subd. 1. Ice and Snow a Nuisance. All snow and ice remaining on public sidewalks is hereby declared to constitute a public nuisance and shall be abated by the owner or tenant of the abutting private property within twelve (12) hours after such snow or ice has ceased to be deposited upon property zoned commercial and within twenty four (24) hours after such snow or ice has ceased to be deposited upon property zoned other than commercial. SECTION II. Shakopee City Code, Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violations" And Section 7.99 entitled " Violation a Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. SECTION III. After the adoption, signing and attestation of this ordinance, it shall be published once in the official newspaper of the City of Shakopee and shall be in full force and effect on and after the date following such publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1988. ATTEST: Mayor of the City of Shakopee City Clerk Approved as to form this day of 1988, City Attorney �y CHRISTIAN AND GROSS ATTORNEYS AT LAW BOOB LYNDALE AVENUE SO. EDWARD M. CHRISTIAN MINNEAPOLIS. MINNESOTA SD430 ,OREN OS OfB JAMES M. EEMPAINEN TELEPMONE BBI-8696 RFc, 1, Ffe2 slsse Cin February 25 , 1988 �F S!%yK�p�� TO: Mayor of the City of Shakopee Members of the City Council 129 First Avenue East Shakopee, MN 55379 Ladies and Gentlemen : We are writing this letter as attorneys for the Scott County Historical Society, one of the organizations which has submitted a proposal for possession and operation of the Murphy' s Landing Project. It has come to our attention that two of the members of the Shakopee City Council have significant conflicts of interest which will affect their ability to vote on this matter objectively. Mayor Delores Lebens is a relative of Marjorie Henderson, director of the project as operated by the other proposing agency, Minnesota Valley Restoration Project. Gloria Vierling is a member of the board of the Minnesota Valley Restoration Project. Because of these conflicts of interest, we ask that these persons either abstain from voting on this matter, or else that the council declare them disqualified from voting on this question. In instances such as this where feelings run high and the issue is seriously in doubt, it is important that public officials avoid even the appearance of possible impropriety. Our suggestion seems to be the only way an objective decision on the merits can be assured. Mayor of the City of Shakopee Members of the City Council February 25 , 1988 Page 2 Thank you for your consideration. Yo very tru , Loren Gross LG/ar a : Mayor Delores Lebens VCouncilwoman Gloria Vierling ity Manager John Anderson R. D. Pistulka, M.D.