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10/17/1989
C.� MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: October 13, 1989 1. Attached is the billing summary from Krass and Monroe for July, August and September, 1989. 2. Attached is the Revenue and Expenditure Report as of September 30, 1989. 3. Attached is the Program Costs by Department as of October 6, 1989. 4. Attached is a memorandum from LeRoy Houser regarding the police mezzanine/other remodels. 5. Attached is the Building Activity Report for September. 6. Attached are the September 18, 1989 minutes of the Housing and Appeals Board. 7. Attached is a copy of a letter from the Minnesota Department of Health regarding a report covering an investigation of the water supply. S. Attached is a memorandum from Barry Stock regarding the moving of the Public Access Studio. 9. Shakopee Area Catholic Schools are renewing their gambling license. They meet the requirements of the city code. 10. The child learning center which meets at the Christ Lutheran Church will be displaced as a result of the November 7th election. They will be going on a field trip, but need a starting and ending place. They will be using the scout building. Since it is a City election and the City is displacing them, I made the decision that it was reasonable to allow them to utilize this facility. Leroy Houser, member of the Lions, sees no problem with this either. 11. Attached are the July 17, July 18, August 7, August 22, September 5, and September 11, 1989 minutes of the Public Utilities Commission. 12. Attached is the October 18, 1989 agenda for the Energy and Transportation Committee. 13. Attached are the September 20, 1989 minutes of the Energy and Transportation Committee. 14 . Attached is the October 18, 1989 agenda for the Community Development commission. 15. Attached are the September 20, 1989 minutes of the Community Development Commission. DRK/trw T MEMO TO: Mayor and City Council FROM: LeRoy Houser, Building Official RE: Police Mezzanine/Other Remodels DATE: October 9, 1989 As per your request this is the cost breakdown on the above items. I have attached the two material cost estimates from two lumber suppliers. The cost from Waldens does include the steel beams. The one from C. H. Carpenter does not. In addition I obtained two written quotes for labor as a per hour basis. One was for $25.00 per hour, the other was for $26.50 per hour. The office remodeling labor is being done by Prahm also. The material cost was estimated at less than $1,000 so I did not bother to get estimates. However, the Police are requesting a few additional items such as a 4 x 12 metalic board that they can write on and use for a projector screen for training purposes. They have also requested a number of outlets be installed. I estimate the office remodel to be in the area of $2,000. This project was not included in my memo request for money. LH/jms BUSINIEE T ELFPHONE WALDEN BROS. LUMBER , WALDEN1 13731 JOHNSON MEMORIAL DRIVE -AR-IMEDE SHAKOPEE,MINNESOTA 55379 DEER 5 MI LES SOUTH OF SHAKOPEE ON HWY.169TMOSSD 7 -ILDEED SATuxo.y- = 3.I Jen _ 5 S O SHA200 H a x QUOTE x x L CITY OF SHAKOPEE I CITY OF SHAKOPEE 129 FIRST AVE EAST P 129 FIRST AVE EAST T 'SHAKOPEEI T SHAKOPEE! 0 Mq!, 55375 p Kra, 55^7c, SNIP VLL IBB.ND. COST.ORDER NO. DATE ORDERED B'_Q DRIVER 0.ERK• TERMS FROM BATE OF INVOICE IAF I CA. ORIDERED ITEM NO, ARIOUNT i 0U10?A?ION QUDTAT 117N OVOTA?ION QUOTATION ! THIS QUOTATION MUST BE ACCEPTED ON OR BEFORE 12.9/30/89 8 "x /Y'= Y� i' I .f e" (3) STEEL BEAMS & COLUMS (6.) EA 1553.65 1553.65 + i 26.00 4X3 11/8" T&C PLYWOOD EA 19. 40 50440 x 3.£1 ZIZISCF ZXIZ-181 CONST. FIR KD. PC 17.95 53..85 x 3.00 21208CF ZXIZ-81 CONST. FIR KD. PC 7. 12 56.96 t 2.00 2418CSP 2X4-131 CONST. SPRUCE KD. ER 3:96 7.92 �- ! —Off 18083P 1X8-81 e3 & ETP. PINE PC 3.07 24.56 x 1 .0E', TJI W/HANGERS EA 1216.00 1216.0E x 1 .00 21218CF ZX12-181 CONST. FIR KD. PC 17.95 17.95 j 1 .00 483/4ACF 4X8 3/4" A. C PLYWOOD ER 16.85 16.85 + j 2 .00 21212CF 2XSZ-121 CONST. FIR. KD. PC 11 .23 22.46 j 5.00, PL5000 NP 500 ADHESINE QUART TUB EA 4.55 22.75 x I I � i i SALESLAWIJNtlSALES TAX I SHIPPING CNG. MISC. COOS DEPOSIT CASH �A' ALL NAMEA-AND OR ABROGES SOLO ARE EBEI CT TO GEN IRIS HE MAXIMUM EBWCE CHARGE A" DBy WRµ1-L ASSESSED ON ALL PACT WE ACCOONTS SPECIAL ORDERS ARE NOT CANCELLABLE AND NOT RETURNABLE. STOCK MERCHANDISE RETURNED IN GOOD CONpTON MAY BE SUBJECT TO A HANDLING CHARGE. RECD BY IN V GOOD ORDERX AUTHORIZED RETURNS SUBJECT TO A HANDLING CHARGE LOADED BY DELIVERED BY •. r it �� NC GUANIITY DESCIPTION USAGE FEEI I PRICE I AMOUNT IMMM29MR"MR-9 - q I www � �I I M7 MIMI IF,Mr OR r � ®ia ii■� 9- �0 -�� `/o �Itit, 119��,/.��,i�� . ��� � �ti� � �� I T MEMO TO: Mayor and City Council FROM: LeRoy Houser, Building Official RE: Police Mezzanine/Other Remodels DATE: October 9, 1989 As per your request this is the cost breakdown on the above items. I have attached the two material cost estimates from two lumber suppliers. The cost from Waldens does include the steel beams. The one from C. H. Carpenter does not. In addition I obtained two written quotes for labor as a per hour basis. one was for $25. 00 per hour, the other was for $26.50 per hour. The office remodeling labor is being done by Prahm also. The material cost was estimated at less than $1,000 so I did not bother to get estimates. However, the Police are requesting a few additional items such as a 4 x 12 metalic board that they can write on and use for a projector screen for training purposes. They have also requested a number of outlets be installed. I estimate the office remodel to be in the area of $2, 000. This project was not included in my memo request for money. LH/jms .G51NEU TELEPNGNEWALDEN BROS. LUMBER =, ElE 13731 JOHNSON MEMORIAL DRIVE SHAKOPEE,MINNESOTA 55379A. a1 5MILESSOUTHOF SHAKOPEE ONHWY.169 `..... oc.mxo.r - c•1 ron 5 S 0 SHAZi15 H . x QUInTE x L I-TTY O QHAKOPEE I CITY OF SHAKOPEE D 120 FIRS- AVE E'1ST P 129 FTRCT nVE EAST T SH4KOPEEr T cL:�, .nPEEr O SHPVA IOBNO OUST.ORDEN NO, I BATEORDERiD I 900301RPIW:LlDRIVERCLERR♦ TERMS FROM : P • F N R QUOTATION QUOTA.TIbN QUOTATION QUOTATION THIS QUOTATION MUST BE ACCEPTED ON OR BEFORE 09/3L !S'? cp "qty'- Yap" 1 .0f rl3J S=TEEL BEAMS & COLUMS (6J EA 1553.65 1553.65 26.130 4X8 11!8" T31C PLYWOOD EA 19. Co 517i4,40 + 3.1;0 2121811F 2X12-18' CONST. FIR KD. PC 17.45 5S.85 x -8.00 21208CF 2X12-81 CONST. Ftft KD. PC 7. 1Z 56.,96 +� 2.04' 21 18CSP 2X.4-? 81 CONST. SPRUCE K.D. EA 3:5'6 7.?2 8.00 18083' 1X8-81 S3 o BTR. PINE PC 3.07 24 ,36 : 1 .00 T•:I W!HANCERS EA 1216.00 1216.00 1 .00 21218CF 2X12-181 CONST. FIR KD. PC 17.95 17.95 x 1 .00 483/4:A.CF 4X8 3!411 is C PLYWOOD E.A. 16.85 16.55 + 2.00 21212CF 2X.12-121 CONST. FIR KD. PC 11 .23 22.46 + j 5.02: PL500Q NP 500 ADHE.SINE QUART TUB EA 4.55 22.75 I SALESAMOON ,-- I SALESTAX ISHIPPINGCHG.1 MISS. JCODEJ DEPOSIT RM L.M]ORSEPVILEE SOLOANF.11 LAW LLExlAE5 ixE SPECT L ORDERS ARENOF CANCEL A LE AND NOT TURNABLE ON ALL P15i DUE ALLWxrz STOCK EROERSAPE NOT RNDIN GOOANONOTPETUPNBE SU STOCK MERCHANDISE RETURNED IN GOOD CONdTION AlMBE SUBJECT i0 A HANDLING LNAgfiE. RECD BY IN V GOOD ORDERX AUTHORIZED RETURNS SUBJECT TO A HANDLING CHARGE LOADED BY DELIVERED BY / DATE.ESTIMATE--D341 9421 LINDALE AVE.E0, WTONA. KOOMINOTON.MN 1N MINNESOTA 65346ee G/A g126T'; 1 Iola eS Jes6 11121 4U,204,S3ee, r—� E511MATE EOR. 6 so ANS� 11450 ANNA TRAIL S.Ej1NNSTNNNT MR 4NE.AN R., .UOYEEY12VA Rlau»oro B1aus2EEADDRE55NeL � �llSy6A,E E. JOB DE5 NATION JOB ADDRESS RNONE: Nol QUANTITY I DUCIPTION USAGE FEET PRICE z, I 31 pimm, jifixeq . I sl � I ) 1 1 T I IND. ry J 6' Y 2 B1 y 'Pti," D ��Z�)f 9t -sf NET to! fq it. �` 1T if 12; 121 ? J 1 a uI 2 N 1- x 1 IngS o. P5, 16S ( < 1)♦ T rf Is' -A 2 -Pe AjC is 14.u mii 3(,0 21[ 1 ) j O / 4 -76 n: n _ ZZO I n7 t61 n, n! n _ to m: 22' ED >. I is CA G'p��Ciic/ L cmc vim, U/r� �/ �CaiLr�Oo tri .� -�' g MEMO TO: Shakopee City Council FROM: Barry A. Stock, Administrative Assistant RE: Relocation of the Public Access Studio (Non Agenda Informational) DATE: October 13, 1989 INTRODUCTION AND BACKGROUND: Several months ago, AMZAK Cable took over operation of the cable system in Shakopee. AMZAK Cable has decided to continue to operate the office for the Shakopee/Chaska cable systems out of their present facility. In addition, AMZAK Cable intends to relocate personnel from their Jordan, Montrose, Waverly and New Ulm offices to the Shakopee office. Due to the increased number of personnel that will be relocating to the Shakopee cable office, AMZAK has proposed to relocate the public access studio to a new location. The Shakopee public access studio has been located in the same building as the Shakopee cable office since the Shakopee cable system was franchised. The present location of the access studio is on the North side of First Avenue. The contractor (New Frontier Productions) currently operating the public access studio is in full support of AMZAK's proposed relocation. The Shakopee Access Corporation and Cable Commission have also been contacted and are in support of the relocation. The location of the new studio will be at the corner of Lewis Street and Third Avenue in the Hoffman Heater building. AMZAK Cable has agreed to pay the rent and utility costs associated with the new site. AMZAK Cable has also agreed to pay renovation costs of the building interior as well as costs associated with relocating the studio equipment. The amount of space available in the new location will exceed the present studio space. In order to continue the live broadcasts of the City Council and Planning Commission meetings, it will be necessary for the Access Corporation to locate some remote control camera equipment to city hall. At the present time, there is space in the reception area for this equipment. During Council meetings, an employee of the public access contractor will be located in city hall manually operating the remote control device from city hall. All costs for the location of this equipment in city hall will be covered by AMZAK Cable. In summary, the new studio location will afford Shakopee residents the opportunity to access the studio without having to cross First Avenue. Additionally, the new studio space is larger than the space presently utilized. Finally, the location of the remote control device for broadcasting the City Council meetings and the location of public access personnel within city hall during City Council meetings will insure a quality broadcast of the City Council and Planning Commission meetings. If you have any questions regarding the public access studio relocation, please feel free to call me. MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in adjourned regular session on July 17, 1989 at 4:30 PM in the Utilities Meeting room. Present were: President Kirchmeier, Commissioners Cook, and Kephart. Also present was Manager Van Hout. Motion by Kephart, seconded by Cook, to award the contract for line construction to Donovan Construction, as the low bidder in the amount of S 127,817. Motion carried. Motion by Cook, seconded by Kephart, to offer Resolution % 351, a resolution approving the acquisition of that portion of the electric service area of Minnesota Valley Cooperative located within the city of Shakopee. Roll call vote: Cook: yes; Kephart: yes; Kirchmeier: yes . Resolution adopted. Motion to adjourn by Cook, seconded by Kephart. Motion carried. Meeting adjourned. Minutes Approved: R7 by: Barry K rchmeier, President Attest: Commission Secretary 1 MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION SPECIAL MEETING WITH CITY COUNCIL July 18, 1989 The Shakopee Public Utilities Commission convened July 18, 1989 at 5:30 PM at the City Council Chambers in special session for a joint meeting with the Shakopee City Council . Present were Commission President Barry Kirchmeier, Commissioners Jim Kephart, and Jim Cook, and Liaison Wampach. Also present was Utilities Manager Van Hout . Present from the City Council were Vice Mayor Steve Clay, Councilpersons Gloria Vierling, Jerry Wampach, Joe Zak, and Gary Scott. Also present were City Administrator Dennis Kraft, and City Engineer Dave Hutton. Mayor Lebens was absent due to health. Vice Mayor Clay called the meeting to order at 5:30 PM. Commissioner Kirchmeier then called the Commission meeting to order at 5 : 30 PM. Commissioner Kirchmeier reviewed some of the past years activities at SPUC as they relate to its goals : A . Service to the customers: -the credit on electric customers bills due to a refund from NSP, -electric rates expected to remain stable, -watermain reconstruction policy refined, which means adjusting water rates, however water rates should still compare favorably with surrounding communities, B. Maintain a modern and viable utility: -well k8 is now pumping, and has been constructed into a different aquifer than the other two wells in the residential section of the city, -construction of a new electric line has been contracted out and will start soon, -watermain reconstruction on the Third Ave project was approved and participation in the Market Street watermain project also, -The service area acquisition is now being pursued, 2 C . Provide resources to the citizens of Shakopee: -the 1988 audit figures reported cash transfers of 8329,000 from the electric fund, and 988,000 from the water fund, to the city general fund, for a total of 9418,000 in cash. In addition to the cash contribution, free service valued at equivalent to 827,000 was donated as energy furnished without charge for streetlighting, and 917,000 was donated as maintenance of streetlights . -addition of new customers as the city grows, -the spirit of cooperation between the Utilities Commission and City Council . A general discussion followed about the growth of the city and the ability of the Shakopee Public Utilities to meet the electric and water needs . The Commissioners stated that it is their intent to keep the Utilities in a position to be able to serve growth as it occurs . A discussion of the watermain reconstruction on Third Ave project. Commissioner Kirchmeier stated that the memo On the cost sharing by the Utilities from Dave Hutton was accurate. The preliminary meeting between Councilpersons Clay, Vierling; Commissioner Kirchmeier; and staff persons Kraft, Hutton, Ruuska, Young, and Van Hout was reviewed. The recommended policies from those meetings were reviewed and accepted by consensus of Commission and Council. The Service Area acquisition was reviewed by Commissioner Kirchmeier. The history of the matter has been joint ventures between the Commission and the Council over past years. Councilperson Vierling asked what was the physical condition of the facilities to be acquired? Manager Van Hout stated that they were in very good condition. Councilperson Zak asked to review a map showing the areas to be acquired. A small scale map was used for illustration. A resolution had been drafted for consideration by the Council . Vice Mayor Clay advised of the Council's policy of delaying on a vote until the Mayor and all members of the Council were able to vote on a matter. As Mayor Lebens was not present the resolution would be considered at the August 1 Council meeting. A letter from the Assistant City Attorney to the City Treasurer regarding SPUC disbursements was discussed. There was no problem with cancelled checks being stored in the Utility Commission office if the City Treasurer had access to them at his request. 3 Motion by Kirchmeier, seconded by Cook, to state for the record that the Shakopee Public Utilities Commission, and its staff, will make cancelled checks available to the City Treasurer at all times upon his request. Motion Carried. Motion to Adjourn the Commission meeting, by Cook, seconded by Kirchmeier. Motion Carried. Meeting Adjourned. Barry Circhmeier, Commission President 1� Attest: iMA=�12 �IM'�il'✓1 Barb Menden, Commission Secretary i MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on August 7, 1989 at 4:30, P.M. in the Utilities meeting room. MEMBERS PRESENT: Commissioners Kirchmeier, Cook and Kephart. Also Liaison Wampach, Manager Van Hout and Secretary Menden. Motion by Cook, seconded by Kephart that the minutes of the June 29, 1989 regular meeting be approved as kept. Motion carried. BILLS READ: City of Shakopee 20,032.00 A T & T 18.57 William A. Anderson 250. 00 Auto Central Supply 34.66 Bentz Construction, Inc. 306 .00 Berens 268. 15 Bills Toggery, Inc. 55.50 Border States Electric Supply 5,874.02 Burmeister Electric Co. 1,984.44 Business Outfitters, Inc. 2,334.56 Chicago and Northwestern Transportation Co. 180.00 City of Shakopee 1,541.97 City of Shakopee 329.52 City of Shakopee 56,838.00 City of Shakopee 726.71 City of Shakopee 61.74 Clay's Printing 122.50 Cy's Amoco 272.12 Davies Water Equipment Co. 828. 30 Ditch Witch of Minnesota, Inc . 402.91 Don's Electric Forklift Services, Inc. 644.43 Duling Optical 90.50 Jim Dunning 55.44 EPL, Inc. 778 .00 Feed-Rite Controls, Inc. 2,667.74 General Office Produce Co. 101.08 Glenwood Inglewood 18.55 Gopher State One-Call, Inc. 320.00 Graybar Electric Supply, Inc. 7,284.86 r H.D.R. Engineering, Inc. 13, 186.68 Hance Cable Testomg 663.50 Harmons Hardware 53.61 Hennens ICO 12.00 Krass and Monroe Chartered Law Office 942.37 Leef Bros . , Inc. 33.75 The MVA Company 296.35 Midwest Fence and Mfg Company 6, 150.00 Minnesota Environmental Duality Board 309.70 Minnesota Valley Testing Laboratories Inc. 38.00 Mor-Tel Phone Center 185.35 Motor Parts Service Co. , Inc. 58.22 National Fire Protection Association 102 . 15 Ted Neisen 957.55 Northern States Power Co. 446, 554 .00 Northern States Power Co. 332 .32 Northern States Power Co. 1,458.78 Office Products 1,110. 00 Pitney Bowes 94.50 E.H. Renner 47,964.74 Reynolds Welding Supply Co. 14.66 Schoell and Madson, Inc. 3,065.70 Shakopee Public Utilities Commission 232.20 Shakopee Services Inc. 33.00 Simon-Midwest, Inc. 3,006.00 Southwest Suburban Publishing 432. 69 Starks Cleaning Service, Icn. 68.00 T & R Service 40.00 Total Tool 82.99 US West Communications 410.72 Valley Industrial Propane, Inc. 46.96 Lou Van Hout 136.25 Westinghouse Electric Supply Co. 982.01 Wild Iris, Inc. 65. 00 Woodhill Business Products 658.35 Word Perfect Corporation 67.00 Yarusso Hardware Co. 157.33 A & K Construction 9, 551 .40 Motion by Kephart, seconded by Cook that the bills be allowed and ordered paid. Motion carried. A communication from Greg Voxland regarding cooperative purchasing was acknowledged and placed on file. The billing approved for the general insurance package in the amount of 956,838.00 was discussed. Ken Adolf, Schoell and Madson was present to give the status report on Well M8. Both Well t8 and pumphouse are operational at the present time with only clean up work left. Mr. Dan Parks was present as a representative of the developer for Heritage Place Second Addition. A plat map for Heritage Place was shown giving the existing watermain and where the proposed watermain is intended to go. Various developing problems were discussed. Motion by Kephart, seconded by Cook that the Shakopee Public Utilities Commission direct Heritage Development to pursue the 16" watermain down Vierling Drive with the City of Shakopee and that water service be contingent upon getting water service on Vierling Drive and the looping of all cul-de-sacs. Also that Heritage Developers go ahead and develop the property as they meet all the requirements of Shakopee Public Utilities Commission policies . The project must be an authorized City project before water service can be given. Motion carried. A status report on the Third Avenue reconstruction project was given by Art Young, Senior water systems operator. The copper to copper services were discussed. Motion by Cook, seconded by Kirchmeier that the Shakopee Public Utilities Commission pay for replacement of the 3/4 " copper line from the Curb stop to the watermain on the Third Avenue reconstruction. Motion carried. Manager Van Hour informed the Commission of two water services recently installed on East 6th Ave. and Main Street. Motion by Kephart, seconded by Cook to allow service to be available with 2 services run off of 6th Street contingent upon the agreement that the water main assessment be paid at the time the watermain goes past the property. Motion carried. Manager Van Hout gave an update on the Blue Lake Feeder. Installation is on schedule, however the pole delivery could be delayed by as much as sixty days. Manager Van Hout gave an update on various legal issues still pending. K The Shakopee Public Utilities Commission have had three load curtailment from Northern States Power Co. at the present time. A percentage of the credit received from Northern States Power Co. will be passed along to the customers involved. The five year plan was tabled until the September meeting. The service territory acquisition was discussed. Various steps to be taken at the present time were discussed. A letter is being drafted to the Public Utilities Commission along with a letter to the Minnesota Valley Electric Cooperative. Motion by Kirchmeier, seconded by Kephart that the Shakopee Public Utilities Commission bill the new management/ownership of the Shakopee Cable TV of pole rental fees at the same rate established for United Cable TV. Barb Menden informed the Commission of a Maternity/Disability leave from August 21, 1989 to October 1, 1989. Motion by Kephart, seconded by Kirchmeier to authorize $1,500.00 towards the load management program detailed at our last meeting. Manager Van Hout will be getting quotes from the Insurance Company for the time period covering October 15 to December 31. A plat for the Meadows second addition is forthcoming along with the oversizing costs involved. Fire calls for June were 2 calls for 34 minutes man hours. Fire calls for July were 2 calls for 1 hour 10 minutes man hours. There were no lost time accidents for July, 1989. Motion by Kirchmeier, seconded by Cook to adjourn to September 5, 1989 for payment of the bills. Motion carried. Our next regular meeting will be held on September 11, 1989 in the Utilities meeting room. Barbara Me4en, Commies 0 Secretary u MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Cbmmission convened in special session on August 22, 1989 at 4:30 PM in the Utilities Meeting room. Present were: President Kirchmeier, Commissioners Cook, and Kephart. Also present was Manager Van Bout. Manager Van Bout reported that notice of the meeting had been posted. President Kirchmeier declared the meeting to be an executive session for the purpose of discussing the presentation to be made to the MVEC board on August 28. Motion to adjourn: Kephart, seconded: Cook. Motion carried, meeting adjourned. Minutes Approved: by: Barry Kir hmeier, President i, A Est : L Barbara Menden, m scion Secretary ri MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in special session on September 5, 1989 at 4:30 PM in the Utilities Meeting room. Present were: President Kirchmeier, and Commissioner Cook. Also present was Manager Van Hout. Commissioner Kephart arrived late. Motion by Cook, seconded by Kirchmeier, to approve payment of the bills on the warrant listing dated August 28, 1989. Motion carried. The balance of the regular agenda items will be covered at the regular Commission meeting on September 11, 1989. Motion to adjourn by Cook, seconded by Kirchmeier. Motion carried. Meeting adjourned. Minutes Approved: by: arry K ' rchmeier, President Attest: (\ 4 CUM (� Barbara Menden, Com fission Secretary . 1l MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on September 11, 1989 at 4:30 PM in the Utilities Meeting room. Present were: President Kirchmeier, and Commissioners Cook and Kephart. Also present was Liaison Wampach, Manager Van Hout, and Engineer Jim Dunning. Motion to approve of the minutes, as kept, for the July 17, 1989 special meeting, and the July 18, 1989 ,joint meeting with City Council: Cook, seconded: Kephart. Motion carried. A communication from the Minnesota Rural Water Association, referred to SPUC from City Council was discussed. Motion to receive and file, as SPUC is already a member of AWWA: Kephart. Seconded: Cook. Motion carried. Jim Dunning presented an update of recent progress and a timetable on implementing the new computer system. Barb Menden attended the meeting for this discussion. Several questions on the structure of the billing form were discussed and resolved. Resolution #352, A Resolution authorizing the entering into a license agreement with the Chicago and Northwestern Railroad for two electric line crossings over the railroad, was offered by Kirchmeier. Seconded by Cook. Roll call vote: motion carried unanimously. Motion to accept the proposal for the 1989 Audit by the Jaspers and Streefland Company: Kephart. Seconded: Kirchmeier. Motion carried. A communication from the Minnesota Department of Health about Atrazine testing at Shakopee well #6. The level found of 0.04 was far below the maximum allowed of 3.0. Motion to receive and file: Kirchmeier. Seconded:Kephart. Motion carried. Motion to table the question of the Atwood Street watermain costs question until the October meeting: Cook. Seconded:Kephart. Motion carried. The Petition on service areas has been filed with the Minnesota Public Utilities Commission. I . 1 it Resolution #353, a resolution designating the terms under which water is made available to the Heritage Place Second Addition Plat, was offered by Kephart. Seconded: Cook. Roll call vote: Motion carried unanimously. Liaison report was given by Jerry Rampach. He advised that the Council decided to not order the street project on Bluff Ave. Commissioner Kirchmeier suggested that the going rate be applied to the cable company in accordance with our pole use contract with them. The next regular SPUC meeting was set for October 2, 1989 at 4:30I� PM. No new plats have been received. Fire calls report: 2 calls totaling 70 minutes. Lost time accidents: none. Motion to Adjourn: Kephart. Seconded : Cook. Motion carried, meeting adjourned. Minutes Approved: by: Barr rchmeier, President Attest: Barbara Menden, Commission Secretary MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in adjourned regular session on July 17, 1989 at 4:30 PM in the Utilities Meeting room. Present were: President Kirchmeier, Commissioners Cook, and Kephart. Also present was Manager Van Hout. Motion by Kephart, seconded by Cook, to award the contract for line construction to Donovan Construction, as the low bidder in the amount of 8 127,817. Motion carried. Motion by Cook, seconded by Kephart, to offer Resolution K 351, a resolution approving the acquisition of that portion of the electric service area of Minnesota Valley Cooperative located within the city of Shakopee. Roll call vote: Cook: yes; Kephart: yes; Kirchmeier: yes . Resolution adopted. Motion to adjourn by Cook, seconded by Kephart. Motion carried. Meeting adjourned. Minutes Approved: ' 7 6y: Barry K rchmeier, President Attest: N Commission Secretary ri 1 MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION SPECIAL MEETING WITH CITY COUNCIL July 18, 1989 The Shakopee Public Utilities Commission convened July 18, 1989 at 5 :30 PM at the City Council Chambers in special session for a joint meeting with the Shakopee City Council. Present were Commission President Barry Kirchmeier, Commissioners Jim Kephart, and Jim Cook, and Liaison Wampach. Also present was Utilities Manager Van Hout. Present from the City Council were Vice Mayor Steve Clay, Councilpersons Gloria Vierling, Jerry Wampach, Joe Zak, and Gary Scott. Also present were City Administrator Dennis Kraft, and City Engineer Dave Hutton . Mayor Lebens was absent due to health. Vice Mayor Clay called the meeting to order at 5: 30 PM. Commissioner Kirchmeier then called the Commission meeting to order at 5 : 30 PM. Commissioner Kirchmeier reviewed some of the past years activities at SPUC as they relate to its goals: A . Service to the customers : -the credit on electric customers bills due to a refund from NSP, -electric rates expected to remain stable, -watermain reconstruction policy refined, which means adjusting water rates, however water rates should still compare favorably with surrounding communities, B. Maintain a modern and viable utility: -well #8 is now pumping, and has been constructed into a different aquifer than the other two wells in the residential section of the city, -construction of a new electric line has been contracted out and will start soon, -watermain reconstruction on the Third Ave project was approved and participation in the Market Street watermain project also, -The service area acquisition is now being pursued, i 2 C. Provide resources to the citizens of Shakopee: -the 1988 audit figures reported cash transfers of 8329,000 from the electric fund, and 888,000 from the water fund, to the city general fund, for a total of 8418,000 in cash. In addition to the cash contribution, free service valued at equivalent to 827,000 was donated as energy furnished without charge for streetlighting, and 817,000 was donated as maintenance of streetlights. -addition of new customers as the city grows, -the spirit of cooperation between the Utilities Commission and City Council. A general discussion followed about the growth of the city and the ability of the Shakopee Public Utilities to meet the electric and water needs. The Commissioners stated that it is their intent to keep the Utilities in a position to be able to serve growth as it occurs . A discussion of the watermain reconstruction on Third Ave project. Commissioner Kirchmeier stated that the memo on the cost sharing by the Utilities from Dave Hutton was accurate. The preliminary meeting between Councilpersons Clay, Vierling; Commissioner Kirchmeier; and staff persons Kraft, Hutton, Ruuska, Young, and Van Hout was reviewed. The recommended policies from those meetings were reviewed and accepted by consensus of Commission and Council. The Service Area acquisition was reviewed by Commissioner Kirchmeier. The history of the matter has been joint ventures between the Commission and the Council over past years. Councilperson Vierling asked what was the physical condition of the facilities to be acquired? Manager Van Hout stated that they were in very good condition. Councilperson Zak asked to review a map showing the areas to be acquired. A small scale map was used for illustration. A resolution had been drafted for consideration by the Council. Vice Mayor Clay advised of the Council's policy of delaying on a vote until the Mayor and all members of the Council were able to vote on a matter. As Mayor Lebena was not present the resolution would be considered at the August 1 Council meeting. A letter from the Assistant City Attorney to the City Treasurer regarding SPUC disbursements was discussed. There was no problem with cancelled checks being stored in the Utility Commission office if the City Treasurer had access to them at his request. � ( 3 Motion by Kirchmeier, seconded by Cook, to state for the record that the Shakopee Public Utilities Commission, and its staff, will make cancelled checks available to the City Treasurer at all times upon his request. Motion Carried. Motion to Adjourn the Commission meeting, by Cook, seconded by Kirchmeier. Motion Carried. Meeting Adjourned. Barry :irchmeier, Commission President Attest: Barb Menden, Commission Secretary II MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on August 7, 1989 at 4:30 P.M. in the Utilities meeting room. MEMBERS PRESENT: Commissioners Kirchmeier, Cook and Kephart. Also Liaison Wampach, Manager Van Hout and Secretary Menden. Motion by Cook, seconded by Kephart that the minutes of the June 29, 1989 regular meeting be approved as kept. Motion carried. BILLS READ: City of Shakopee 20,032.00 A T 6 T 18. 57 William A. Anderson 250.00 Auto Central Supply 34.66 Bentz Construction, Inc. 306. 00 Berens 268. 15 Bills Toggery, Inc. 55.50 Border States Electric Supply 5,874.02 Burmeister Electric Co. 1,984.44 Business Outfitters, Inc. 2,334. 56 Chicago and Northwestern Transportation Co. 180.00 City of Shakopee 1,541.97 City of Shakopee 329.52 City of Shakopee 56,838.00 City of Shakopee 726.71 City of Shakopee 61.74 Clay 's Printing 122.50 Cy's Amoco 272.12 Davies Water Equipment Co. 828. 30 Ditch Witch of Minnesota, Inc . 402.91 Don's Electric Forklift Services, Inc. 644.43 Duling Optical 90.50 Jim Dunning 55.44 EPL, Inc. 778.00 Feed-Rite Controls, Inc. 2,667.74 General Office Producs Co. 101 .08 Glenwood Inglewood 18.55 Gopher State One-Call, Inc. 320.00 Graybar Electric Supply, Inc. 7,284 .86 ' rr H.D.R. Engineering, Inc. 13, 186.68 Hance Cable Testomg 663.50 Harmons Hardware 53.61 Hennens ICO 12. 00 Krass and Monroe Chartered Law Office 942,37 Leef Bros. , Inc. 33.75 The MVA Company 296 .35 Midwest Fence and Mfg Company 6,150.00 Minnesota Environmental Quality Board 309.70 Minnesota Valley Testing Laboratories Inc. 38.00 Mor-Tel Phone Center 185. 35 Motor Parts Service Co. , Inc. 58.22 National Fire Protection Association 102 . 15 Ted Neisen 957.55 Northern States Power Co. 446,554.00 Northern States Power Co. 332.32 Northern States Power Co. 1,458.78 Office Products 11110. 00 Pitney Bowes 94. 50 E. H. Renner 47,964.74 Reynolds Welding Supply Co. 14. 66 Schoell and Madson, Inc. 3,065.70 Shakopee Public Utilities Commission 232. 20 Shakopee Services Inc. 33.00 Simon-Midwest, Inc. 3,006.00 Southwest Suburban Publishing 432.89 Starks Cleaning Service, Icn. 68.00 T & R Service 40.00 Total Tool 82.99 US West Communications 410.72 Valley Industrial Propane, Inc. 46 .96 Lou Van Bout 136.25 Westinghouse Electric Supply Co. 982.01 Wild Iris, Inc. 65.00 Woodhill Business Products 658. 35 Word Perfect Corporation 67.00 Yarusso Hardware Co. 157. 33 A & K Construction 9, 551 .40 Motion by Kephart, seconded by Cook that the bills be allowed and ordered paid. Motion carried. A communication from Greg Voxland regarding cooperative purchasing was acknowledged and placed on file. The billing approved for the general insurance package in the amount of 856, 838.00 was discussed. . . r Ken Adolf, Schoell and Madson was present to give the status report on Well 08. Both Well A8 and pumphouse are operational at the present time with only clean up work left. Mr. Dan Parks was present as a representative of the developer for Heritage Place Second Addition. A plat map for Heritage Place was shown giving the existing watermain and where the proposed watermain is intended to go. Various developing problems were discussed. Motion by Kephart, seconded by Cook that the Shakopee Public Utilities Commission direct Heritage Development to pursue the 16" watermain down Vierling Drive with the City of Shakopee and that water service be contingent upon getting water service on Vierling Drive and the looping of all cul-de-sacs . Also that Heritage Developers go ahead and develop the property as they meet all the requirements of Shakopee Public Utilities Commission policies . The project must be an authorized City project before water service can be given. Motion carried. A status report on the Third Avenue reconstruction project was given by Art Young, Senior water systems operator. The copper to copper services were discussed. Motion by Cook, seconded by Kirchmeier that the Shakopee Public Utilities Commission pay for replacement of the 3/4 " copper line from the Curb stop to the watermain on the Third Avenue reconstruction. Motion carried. Manager Van Hout informed the Commission of two water services recently installed on East 6th Ave. and Main Street. Motion by Kephart, seconded by Cook to allow service to be available with 2 services run off of 6th Street contingent upon the agreement that the water main assessment be paid at the time the watermain goes past the property. Motion carried. Manager Van Hout gave an update on the Blue Lake Feeder . Installation is on schedule, however the pole delivery could be delayed by as much as sixty days. Manager Van Hout gave an update on various legal issues still pending. i 7& t l � The Shakopee Public Utilities Commission have had three load curtailment from Northern States Power Co. at the present time. A percentage of the credit received from Northern States Power Co. will be passed along to the customers involved . The five year plan was tabled until the September meeting . The service territory acquisition was discussed. Various steps to be taken at the present time were discussed. A letter is being drafted to the Public Utilities Commission along with a letter to the Minnesota Valley Electric Cooperative. Motion by Kirchmeier, seconded by Kephart that the Shakopee Public Utilities Commission bill the new management/ownership of the Shakopee Cable TV of pole rental fees at the same rate established for United Cable TV. Barb Menden informed the Commission of a Maternity/Disability leave from August 21, 1989 to October 1, 1989. Motion by Kephart, seconded by Kirchmeier to authorize 91,500.00 towards the load management program detailed at our last meeting. Manager Van Hout will be getting quotes from the Insurance Company for the time period covering October 15 to December 31. A plat for the Meadows second addition is forthcoming along with the oversizing costs involved. Fire calls for June were 2 calls for 34 minutes man hours. Fire calls for July were 2 calls for 1 hour 10 minutes man hours. There were no lost time accidents for July, 1989. Motion by Kirchmeier, seconded by Cook to adjourn to September 5, 1989 for payment of the bills. Motion carried. Our next regular meeting will be held on September 11, 1989 in the Utilities meeting room. 1 Barbara Henden, Commiss-iod Secretary i , MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in special session on August 22, 1989 at 4:30 PM in the Utilities Meeting room. Present were: President Kirchmeier, Commissioners Cook, and Kephart. Also present was Manager Van Hout. Manager Van Hout reported that notice of the meeting had been posted. President Kirchmeier declared the meeting to be an executive session for the purpose of discussing the presentation to be made to the MVEC board on August 28. Motion to adjourn: Kephart, seconded: Cook. Motion carried, meeting adjourned. Minutes Approved: by: Barry Kir hmeier, President i 7eat: Barbara Menden, Cotifialasion Secretary r l� MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in special session on September 5, 1989 at 4: 30 PM in the Utilities Meeting room. Present were: President Kirchmeier, and Commissioner Cook. Also present was Manager Van Hout. Commissioner Kephart arrived late. Motion by Cook, seconded by Kirchmeier, to approve payment of the bills on the warrant listing dated August 28, 1989. Motion carried. The balance of the regular agenda items will be covered at the regular Commission meeting on September 11, 1989. Motion to adjourn by Cook, seconded by Kirchmeier. Motion carried. Meeting adjourned. Minutes Approved: by: Sarry K 'rchmeier, President Attest: �y1.4 I'LM 1 �(�I/�,I J x- .lI rte Barbara Menden, Com fission Secretary MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on September 11, 1989 at 4:30 PM in the Utilities Meeting room. Present were: President Kirchmeier, and Commissioners Cook and Kephart. Also present was Liaison Wampach, Manager Van Hout, and Engineer Jim Dunning. Motion to approve of the minutes, as kept, for the July 17, 1989 special meeting, and the July 18, 1989 joint meeting with City Council: Cook, seconded: Kephart. Motion carried. A communication from the Minnesota Rural Water Association, referred to SPUC from City Council was discussed. Motion to receive and file, as SPUC is already a member of AWWA: Kephart. Seconded: Cook. Motion carried. Jim Dunning presented an update of recent progress and a timetable on implementing the new computer system. Barb Menden attended the meeting for this discussion. Several questions on the structure of the billing form were discussed and resolved. Resolution 11352, A Resolution authorizing the entering into a license agreement with the Chicago and Northwestern Railroad for two electric line crossings over the railroad, was offered by Kirchmeier. Seconded by Cook. Roll call vote: motion carried unanimously. Motion to accept the proposal for the 1989 Audit by the Jaspers and Streefland Company: Kephart. Seconded: Kirchmeier. Motion carried. A communication from the Minnesota Department of Health about Atrazine testing at Shakopee well i6. The level found of 0.04 was far below the maximum allowed of 3.0. Motion to receive and file: Kirchmeier. Seconded:Kephart. Motion carried. Motion to table the question of the Atwood Street watermain costs question until the October meeting: Cook. Seconded:Kephart. Motion carried. The petition on service areas has been filed with the Minnesota t Public Utilities Commission. �r Resolution #353, a resolution designating the terms under which water is made available to the Heritage Place Second Addition Plat, was offered by Kephart. Seconded: Cook. Roll call vote: carried unanimously. Motion Liaison report was given by Jerry Wampach. He advised that the Council decided to not order the street project on Bluff Ave. Commissioner Kirchmeier suggested that the going rate be applied to the cable company in accordance with our pole use contract with them. The next regular SPUC meeting was set for October 2, 1989 at 4:30 PM. No new plats have been received. Fire calls report: 2 calls totaling 70 minutes . Lost time accidents: none. Motion to Adjourn: Kephart. Seconded: Cook . Motion carried, meeting adjourned. Minutes Approved: by: Barr 'rchmeier, President Attest: Barbara Menden, Commission Secretary MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in adjourned regular session on July 17, 1989 at 4:30 PM in the Utilities Meeting room. Present were: President Kirchmeier, Commissioners Cook, and Kephart. Also present was Manager Van Hout. Motion by Kephart, seconded by Cook, to award the contract for line construction to Donovan Construction, as the low bidder in the amount of $ 127, 817. Motion carried. Motion by Cook, seconded by Kephart, to offer Resolution K 351, a resolution approving the acquisition of that portion of the electric service area of Minnesota Valley Cooperative located within the city of Shakopee. Roll call vote: Cook: yes; Kephart: yes; Kirchmeier: yes . Resolution adopted. Motion to adjourn by Cook, seconded by Kephart. Motion carried. Meeting adjourned. Minutes Approved: by: Barry K rchmeier, President Attest: Commission Secretary it 1 MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION SPECIAL MEETING WITH CITY COUNCIL July 1s, 1989 The Shakopee Public Utilities Commission convened July 18, 1989 at 5 :30 PM at the City Council Chambers in special session for a joint meeting with the Shakopee City Council. Present were Commission President Barry Kirchmeier, Commissioners Jim Kephart, and Jim Cook, and Liaison Wampach. Also present was Utilities Manager Van Hout. Present from the City Council were Vice Mayor Steve Clay, Councilpersons Gloria Vierling, Jerry Wampach, Joe Zak, and Gary Scott. Also present were City Administrator Dennis Kraft, and City Engineer Dave Hutton. Mayor Lebens was absent due to health. Vice Mayor Clay called the meeting to order at 5: 30 PM. Commissioner Kirchmeier then called the Commission meeting to order at 5 : 30 PM. Commissioner Kirchmeier reviewed some of the past years activities at SPUC as they relate to its goals: A . Service to the customers: -the credit on electric customers bills due to a refund from NSP, -electric rates expected to remain stable, -watermain reconstruction policy refined, which means adjusting water rates, however water rates should still compare favorably with surrounding communities, B. Maintain a modern and viable utility: -well N8 is now pumping, and has been constructed into a different aquifer than the other two wells in the residential section of the city, -construction of a new electric line has been contracted out and will start soon, -watermain reconstruction on the Third Ave project was approved and participation in the Market Street watermain project also, -The service area acquisition is now being pursued, �r I 2 C. Provide resources to the citizens of Shakopee: -the 1988 audit figures reported cash transfers of 6329,000 from the electric fund, and 688,000 from the water fund, to the city general fund, for a total of 6418,000 in cash. In addition to the cash contribution, free service valued at equivalent to 627,000 was donated as energy furnished without charge for streetlighting, and 617,000 was donated as maintenance of streetlights. -addition of new customers as the city grows, -the spirit of cooperation between the Utilities Commission and City Council. A general discussion followed about the growth of the city and the ability of the Shakopee Public Utilities to meet the electric and water needs. The Commissioners stated that it is their intent to keep the Utilities in a position to be able to serve growth as it occurs. A discussion of the watermain reconstruction on Third Ave project. Commissioner Kirchmeier stated that the memo on the cost sharing by the Utilities from Dave Hutton was accurate. The preliminary meeting between Councilpersons Clay, Vierling; Commissioner Kirchmeier; and staff persons Kraft, Hutton, Ruuska, Young, and Van Hout was reviewed. The recommended policies from those meetings were reviewed and accepted by consensus of Commission and Council . The Service Area acquisition was reviewed by Commissioner Kirchmeier. The history of the matter has been joint ventures between the Commission and the Council over past years. Councilperson Vierling asked what was the physical condition of the facilities to be acquired? Manager Van Hout stated that they were in very good condition. Councilperson Zak asked to review a map showing the areas to be acquired. A small scale map was used for illustration. A resolution had been drafted for consideration by the Council. Vice Mayor Clay advised of the Council's policy of delaying on a vote until the Mayor and all members of the Council were able to vote on a matter. As Mayor Lebens was not present the resolution would be considered at the August 1 Council meeting. A letter from the Assistant City Attorney to the City Treasurer regarding SPDC disbursements was discussed. There was no problem with cancelled checks being stored in the Utility Commission office if the City Treasurer had access to them at his request. 3 Motion by Kirchmeier, seconded by Cook, to state for the record that the Shakopee Public Utilities Commission, and its staff, will make cancelled checks available to the City Treasurer at all times upon his request. Motion Carried. Motion to Adjourn the Commission meeting, by Cook, seconded by Kirchmeier. Motion Carried. Meeting Adjourned. Barry Circhmeier, Commission President Attest: Barb Menden, Commission Secretary MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on August 7, 1989 at 4:30 P.M. in the Utilities meeting room. MEMBERS PRESENT: Commissioners Kirchmeier, Cook and Kephart. Also Liaison Wampach, Manager Van Rout and Secretary Menden. Motion by Cook, seconded by Kephart that the minutes of the June 29, 1989 regular meeting be approved as kept. Motion carried. BILLS READ: City of Shakopee 20,032.00 A T 6 T 18.57 William A. Anderson 250.00 Auto Central Supply 34.66 Bentz Construction, Inc . 306. 00 Berens 268. 15 Bills Toggery, Inc. 55.50 Border States Electric Supply 5,874.02 Burmeister Electric Co. 1,984 .44 Business Outfitters, Inc. 2,334.56 Chicago and Northwestern Transportation Co. 180.00 City of Shakopee 1,541.97 City of Shakopee 329.52 City of Shakopee 56,838.00 City of Shakopee 726.71 City of Shakopee 61 .74 Clay's Printing 122.50 Cy's Amoco 272.12 Davies Water Equipment Co. 828. 30 Ditch Witch of Minnesota, Inc . 402.91 Don's Electric Forklift Services, Inc. 644.43 Duling Optical 90. 50 Jim Dunning 55.44 EPL, Inc. 778.00 Feed-Rite Controls, Inc. 2,667.74 General Office Produce Co. 101 .08 Glenwood Inglewood 18.55 Gopher State One-Call, Inc. 320.00 Graybar Electric Supply, Inc. 7,284.86 � � � � � � . �� � � � � � , � � � �� � r �� � � � . � � .� � , � � � �� �� � � r H.D.R. Engineering, Inc. 13, 186.68 Hance Cable Testomg 663.50 Harmons Hardware 53.61 Hennens ICO 12.00 Krass and Monroe Chartered Law Office 942.37 Leef Bros. , Inc. 33.75 The MVA Company 296.35 Midwest Fence and Mfg Company 6,150.00 Minnesota Environmental Quality Board 309.70 Minnesota Valley Testing Laboratories Inc. 38.00 Mor-Tel Phone Center 185.35 Motor Parts Service Co. , Inc. 58.22 National Fire Protection Association 102.15 Ted Neisen 957.55 Northern States Power Co. 446,554.00 Northern States Power Co. 332.32 Northern States Power Co. 1,458.78 Office Products 1, 110. 00 Pitney Bowes 94.50 E.H. Renner 47,964.74 Reynolds Welding Supply Co. 14.66 Schoell and Madson, Inc. 3, 065.70 Shakopee Public Utilities Commission 232.20 Shakopee Services Inc. 33.00 Simon-Midwest, Inc. 3,006.00 Southwest Suburban Publishing 432.89 Starks Cleaning Service, Icn. 68.00 T & R Service 40.00 Total Tool 82.99 US West Communications 410.72 Valley Industrial Propane, Inc. 46 .96 Lou Van Hout 136 .25 Westinghouse Electric Supply Co. 982.01 Wild Iris, Inc. 65.00 Woodhill Business Products 658.35 Word Perfect Corporation 67.00 Yarusso Hardware Co. 157.33 A & K Construction 9, 551 .40 Motion by Kephart, seconded by Cook that the bills be allowed and ordered paid. Motion carried. A communication from Greg Voxland regarding cooperative purchasing was acknowledged and placed on file. The billing approved for the general insurance package in the amount of 856,838.00 was discussed. if Ken Adolf, Schoell and Madson was present to give the status report on Well N8. Both Well i8 and pumphouse are operational at the present time with only clean up work left. Mr. Dan Parks was present as a representative of the developer for Heritage Place Second Addition. A plat map for Heritage Place was shown giving the existing watermain and where the proposed watermain is intended to go. Various developing problems were discussed. Motion by Kephart, seconded by Cook that the Shakopee Public Utilities Commission direct Heritage Development to pursue the 16" watermain down Vierling Drive with the City of Shakopee and that water service be contingent upon getting water service on Vierling Drive and the looping of all cul-de-sacs. Also that Heritage Developers go ahead and develop the property as they meet all the requirements of Shakopee Public Utilities Commission policies. The project must be an authorized City project before water service can be given. Motion carried. A status report on the Third Avenue reconstruction project was given by Art Young, Senior water systems operator. The copper to copper services were discussed. Motion by Cook, seconded by Kirchmeier that the Shakopee Public Utilities Commission pay for replacement of the 3/4 " copper line from the Curb stop to the watermain on the Third Avenue reconstruction. Motion carried. Manager Van Hout informed the Commission of two water services recently installed on East 6th Ave. and Main Street. Motion by Kephart, seconded by Cook to allow service to be available with 2 services run off of 6th Street contingent upon the agreement that the water main assessment be paid at the time the watermain goes past the property. Motion carried. Manager Van Hout gave an update on the Blue Lake Feeder. Installation is on schedule, however the pole delivery could be delayed by as much as sixty days. Manager Van Hout gave an update on various legal issues still pending. The Shakopee Public Utilities Commission have had three load curtailment from Northern States Power Co. at the present time. A percentage of the credit received from Northern States Power Co. will be passed along to the customers involved. The five year plan was tabled until the September meeting. The service territory acquisition was discussed. Various steps to be taken at the present time were discussed . A letter is being drafted to the Public Utilities Commission along with a letter to the Minnesota Valley Electric Cooperative. Motion by Kirchmeier, seconded by Kephart that the Shakopee Public Utilities Commission bill the new management/ownership of the Shakopee Cable TV of pole rental fees at the same rate established for United Cable TV. Barb Menden informed the Commission of a Maternity/Disability leave from August 21 , 1989 to October 1, 1989. Motion by Kephart, seconded by Kirchmeier to authorize 91,500.00 towards the load management program detailed at our last meeting. Manager Van Bout will be getting quotes from the Insurance Company for the time period covering October 15 to December 31. A plat for the Meadows second addition is forthcoming along with the oversizing costs involved. Fire calls for June were 2 calls for 34 minutes man hours. Fire calls for July were 2 calls for 1 hour 10 minutes man hours. There were no lost time accidents for July, 1989. Motion by Kirchmeier, seconded by Cook to adjourn to September 5, 1989 for payment of the bills. Motion carried. Our next regular meeting will be held on September 11, 1989 in the Utilities meeting room. bf,A i f� i Barbara Henden, Commissloli Secretary it MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in special session on August 22, 1989 at 4:30 PM in the Utilities Meeting room. Present were: President Kirchmeier, Commissioners Cook, and Kephart. Also present was Manager Van Hout. Manager Van Hout reported that notice of the meeting had been posted. President Kirchmeier declared the meeting to be an executive session for the purpose of discussing the presentation to be made to the MVEC board on August 28. Motion to adjourn: Kephart, seconded: Cook. Motion carried, meeting adjourned. Minutes Approved: by: Barry Kir hmeier, President A eat: Barbara Menden, Coiftission Secretary � I MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in special session on September S, 1989 at 4:30 PM in the Utilities Meeting room. Present were: President Kirchmeier, and Commissioner Cook. Also present was Manager Van Hout. Commissioner Kephart arrived late. Motion by Cook, seconded by Kirchmeier, to approve payment of the bills on the warrant listing dated August 28, 1989. Motion carried. The balance of the regular agenda items will be covered at the regular Commission meeting on September 11, 1989. Motion to adjourn by Cook, seconded by Kirchmeier. Motion carried. Meeting adjourned. Minutes Approved: by arry K' rchmeier, President Barbara Menden, Com fission Secretary l � MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on September 11, 1989 at 4:30 PM in the Utilities Meeting room. Present were: President Kirchmeier, and Commissioners Cook and Kephart. Also present was Liaison Wampach, Manager Van Hout, and Engineer Jim Dunning. Motion to approve of the minutes, as kept, for the July 17, 1989 special meeting, and the July 18, 1989 joint meeting with City Council : Cook, seconded: Kephart. Motion carried. A communication from the Minnesota Rural Water Association, referred to SPUC from City Council was discussed. Motion to receive and file, as SPUC is already a member of AWWA: Kephart. Seconded : Cook. Motion carried. Jim Dunning presented an update of recent progress and a timetable on implementing the new computer system. Barb Menden attended the meeting for this discussion. Several questions on the structure of the billing form were discussed and resolved. Resolution 4352, A Resolution authorizing the entering into a license agreement with the Chicago and Northwestern Railroad for two electric line crossings over the railroad, was offered by Kirchmeier. Seconded by Cook. Roll call vote: motion carried unanimously. Motion to accept the proposal for the 1989 Audit by the Jaspers and Streefland Company: Kephart. Seconded: Kirchmeier. Motion carried. A communication from the Minnesota Department of Health about Atrazine testing at Shakopee well i6. The level found of 0.04 was far below the maximum allowed of 3.0. Motion to receive and file: Kirchmeier. Seconded:Kephart. Motion carried. Motion to table the question of the Atwood Street watermain costs question until the October meeting: Cook. Seconded:Kephart. Motion carried. The petition on service areas has been filed with the Minnesota Public Utilities Commission. H Resolution #353, a resolution designating the terms under which water is made available to the Heritage Place Second Addition Plat, was offered by Kephart. Seconded: Cook. Roll call vote: Motion carried unanimously. Liaison report was given by Jerry Wampach. He advised that the Council decided to not order the street project on Bluff Ave. Commissioner Kirchmeier suggested that the going rate be applied to the cable company in accordance with our pole use contract with them. The next regular SPUC meeting was set for October 2, 1989 at 4:30 PM. No new plats have been received. Fire calls report: 2 calla totaling 70 minutes. Lost time accidents: none. Motion to Adjourn: Kephart. Seconded: Cook. Motion carried, meeting adjourned. Minutes Approved: -ECS,-Lttil � .,.� �'-✓�-i� y by: Barr ' rchmeier, President Attest:�XhM GhL 1 ' Ym ' Barbara Menden, Commission Secretary 11111 K.Kr:uv' V � /� (1 S KWan J.l Mur Dmne L\knlnlr 1\`1K\(/��\\J 1\f I:xTlan tl.\Imr Bw,K.1k'n £ Jami B.Cvm Jay D.Gollob." MON ROE iMrr R N51a7m &.on D.1h SWa- cnarrerea PnricSa rl t4-Ilrr Hark i\bweo .. Y,nflV�i.a Tul%wnbt Dune)Carlson .. _ I..Nc,n.lm�a .u,.gonwa.n Ivgww., October 13, 1989 1 j iGg City of Shakopee Attn: Eileen 129 East First Avenue Shakopee, NN 55379 Re: City of Shakopee v. Intveld Our File No. 1-1373-210 Dear Eileen: Ve have settled with Laurence Intveld and Carl Lindstrand, property owners in the Upper Valley Drainage Project Condemnation. Therefore, we will need a check to be issued to Laurence Intveld, Carl Lindstrand, and their attorney, James F. Lammers in the amount of $39,382.00. Please forward the check to me and I will forward it to the appropriate party. Thank you. Very truly yours, BRASS & NONROE CHARTERED Phillip R. Brass /�� Attorney at Law PRK�ft ar:mlv V � ATTENTION: COUNCILFERSONS PLEASE NOTE: Unless there are objections from the City Council, a check for this settlement will be released on Friday, October 20th. Please contact Gregg Voxland before Friday if there is a problem. D�1N ln'\lary'11i1�I H�K41 D191NR[Ii Y1n Y..hl ltlrv'hnl N�cgl.Pll.Wli'_In.111:Ib IP•'. inlNh am f m.Yr.Sou• I Ilxl. Ififll\4x H?m19n.x.HNaxm111u1. VlnnnlAn:1eln,m%'bnGNry^I h gNq:`lIuf11�l 1 hJ\\iit;111 111H-;4*9\Inmvul 1;411� l'I�f%BH1 TENTATIVE AGENDA ADJ.REG.SESSION SHAKOPEE, MINNESOTA OCTOBER 17, 1989 Mayor Dolores Lebens presiding 1] Roll Call at 7:00 P.M. 2] Reading by Mayor Lebens of City's Non-Discrimination Policy 31 Liaison Reports from Councilmembers 41 RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 5] 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. ) *6] Approval of Minutes of Sept. 19th, 27th, and Oct. 3 , 1989 7] Communications: a] Ralph Lenzmeier re: residential sewer billing b] Lurline J. Baker-Kent, Metropolitan Waste Control Comm. , re: 1990 sewer service charges c] Gayden F. Carruth, School District No. 720, re: Community Recreation Program d] David C. Riegger, Shakopee Chapter, Pheasants Preservation, Inc. , re: gambling license e] David Heller, Heritage Development, re: renaming a portion of Heritage Drive *f] Debbie and Bill Heyda re: stop sign at 10th & Harrison 8] PUBLIC HEARINGS: None 9] Boards and Commissions: Planning Commission Recommendations: a] Meadows 3rd Addition (Replat of Portion of Meadows 2nd) - Res. No. 3135 b] Air Quality in the River Valley Area c] T.H. 101 Right-of-Way by Valleyfair 10] Reports from Staff: a] Unbudgeted 1989 Capital Expenditure Requests b] Upper Valley Drainage Project, Phase II, Project No. 1987-5A - Res. No. 3132 *c] Market Street/Alleys, Project No. 1988-6 d3 Installation of Overhead Power Line From Blue Lake Substation to Industrial Park TENTATIVE AGENDA October 17, 1989 Page -2- 10] Reports from Staff continued: e] Purchase of New Warning Siren for the City f] AMM 1990 Legislative Policies g] Approve bills in amount of $827,083 .55 11] Resolutions and ordinances: *a] Res. No. 3130, Setting A Hearing on the Vacation of Easements in Meadows 2nd b] Res. No. 3131, Amending the 1989 Pay Plan *c] Res. No. 3133, Accepting Work on Marschall Road Watermain, Project No. 1987-4 *d] Res. No. 3134, Accepting Work on Huber Park Trail Project No. 1987-15 *e] Res. No. 3136, Asking for Congressional Investigation of the Most Credible American Prisoner of War Live Siting in Recent Years f] Ord. No. 274, Amending Salaries of Councilmembers *g] Res. No. 3137, Designating Director and Alternate Director to Mn. Police Recruitment System 12] Other Business: a] Dangerous Animal Ordinance - City Attorney will address b] Title Registration for Lot A & W20' of Lot B, East Shakopee Plat - City Attorney will address C] d] 131 Adjourn Dennis R. Kraft City Administrator - 6 OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA SEPTEMBER 19, 1989 Mayor Lebens called the meeting to order at 7:00 P.M. with Cncl. Zak, Wampach, Clay and Scott present. Cncl. Vierling was absent. Also present were Dennis Kraft; City Administrator; David Hutton, City Engineer; Doug Wise, City Planner, Barry Stock, Administrative Assistant; Judith S. Cox, City Clerk; and Julius A. Coller II, City Attorney. 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. Wampach/Clay moved to approve the consent business. Motion carried unanimously. Wampach/Clay moved to approve the minutes of September 5, 1989. (Motion approved under consent business) . Wampach/Clay offered Resolution No. 3105, A resolution Commending and Congratulating Marquette Bank Shakopee in Honor of their 125th Anniversary, and moved for its adoption. (Motion approved under consent business) . Wampach/Clay moved to accept the resignation of Al Furrie from the Community Development Commission, with regrets; and offer Resolution No. 3115, A resolution of Appreciation to Al Furrie and moved for its adoption. (Motion approved under consent business) . Scott Abernethy, Keewaydin Real Estate Services, Inc. addressed the Council on a request for Tax Increment assistance to locate the FMG-TSUMURA facilities in Shakopee. He said FMG-TSUMURA is a nationally known manufacturer of "Claire Burke" home fragrances. The approximate building size required is 290,000 square feet and they need about a 30 acre site. Currently they have 341 employees. They are asking for tax increment assistance for a total of five years. They hope to be fully operational by Fall of 1990. Cncl. Scott said the City recently adopted a three year policy for tax increment financing and he was not in favor of going any more than that. Cncl. Zak said he supports this offer and would like to look into the possibility of changing the current three year policy to a five year policy for tax increment financing. A vote was taken on whether the city should look into changing the current policy from three years to five years for tax increment financing. Roll Call: Ayes: Cncl. Zak Noes: Cncl. Wampach, Scott, Clay and Mayor Lebens Mr. Kraft reviewed the "pay as you go" concept. He said that the conventional form the Council has used is where the HRA sells the Proceedings of the September 19, 1989 Shakopee City Council Page -2- bonds and as the taxes are paid the increment gathered from the increased taxes is used to service the debt on the bonds. Under the "Pay as you go" concept, the City does not issue bonds. Funds are disbursed to the developer after taxes are paid by the developer. There is no risk to the City on this project. The Mayor urged them to come back to the October 3 meeting with more information on exactly how much tax increment money they will require for this project. Clay/Scott offered Resolution No. 3117, A Resolution Approving the Final Plat of Heritage Place 2nd Addition, and moved its adoption. Motion carried unanimously. Clay/Scott moved for a 10 minute recess. Motion carried unanimously. Zak/Wampach moved to reconvene to City Council at 8:10 p.m. Motion carried unanimously. Vicki King, representing the citizens committee, spoke on the County's proposal to create a new 4 lane Highway 18 West of the existing Highway 18 (old Highway 89) They feel that running a 4 lane through a residential area is a preposterous design. They feel the traffic flow should be kept on the highway bypass or moved to highway 13 which is a main commercial area. She presented each councilmember with a packet of their plans. They wish to keep the existing Highway 18 in its present alignment and as a 2 lane highway. Scott/Zak moved to support the citizens committee to keep highway 18 as a 2 lane not a 4 lane and directed staff to send a letter to the County Board and Brad Larson explaining the Council's position. Motion carried unanimously. Dennis Kraft said that there have been several groups including the Lions Club that have contributed to the construction of a Shakopee Community Youth Building and some concerns have been expressed relative to the facility being used by groups other than youth organizations. it is requested that the City Attorney draw up a resolution stating that the building only be used for youth group activities and prohibiting political activities or rallys, prolife meetings or rallys, pro-choice meetings or rallys, religious meetings, and any activity that is not part of a structured youth organization. Scott/Zak moved to direct the City Attorney to draw up a resolution relating to the acceptable uses of the Shakopee Community Youth Building. Motion carried unanimously. b Proceedings of the September 19, 1989 Shakopee City Council Page -3- Wampach/Clay Offered Resolution No. 3118, A Resolution Approving the J.L. Shiely, Co. Private Road as a Access Drive, and moved for its adoption. Motion carried unanimously. Scott/Clay moved to remove from table the Corp-Tool, Inc. , Intoxicating Liquor Licenses. Motion carried unanimously. Scott/Wampach moved to approve the applications and grant on Sale, off Sale, and Sunday Intoxicating Liquor Licenses to Corp-Tool Inc. , 122 East First Avenue effective October 1, 1989 upon issuance of a certificate of occupancy by the building department. Motion carried unanimously. Wampach/Clay moved to approve the application from Harry Lane, 1067 South Main Street, and grant deferment of special assessments to parcel $27-022008-0 from the 1988-5 11th Avenue Public Improvements, pursuant to the conditions outlined in Section 2.82 of the City Code. (Motion approved under consent business) . Wampach/Zak moved to: A. to drop the connection charge for project 74-1 for parcels 27-046001-0, 27-046003-0 and 27-046007-0 due to prior connection and subsequent ownership change; B. to direct staff to certify the charge for collection with the property taxes the amount of $787.29 over ten years at 88 interest for parcels 27- 046004-0, 27-046006-0 and 27-908023-0 due to no ownership change since connection; C. to collect the charge ($787.29) as a connection charge from 27-046002-0 at such time as the parcel connects to the water system. Motion carried unanimously. The City Engineer said staff is currently working on a feasibility report for the construction of 2nd Avenue between Atwood Street and Scott Street. The only thing holding the report up now is the cost of acquiring the depot. The Mayor inquired about removing the node at 2nd Avenue and Atwood which would be a very expensive project to do at this point. Discussion ensued on the possible condemnation of the depot. The Mayor said she would like the City to initiate condemnation proceedings for the depot. Wampach/Zak moved to direct the appropriate City officials to commence acquisition and condemnation of the depot and solicit proposals to relocate it. Motion carried unanimously. Dennis Kraft reviewed Resolution No. 3114, relating to the sale of bonds for the bridge and mini-bypass which the Mayor refused to sign. He said a letter was received from Springsted, the City's financial advisor, recommending that we indicate that there is pending litigation. Cncl. Zak asked what the cost is to proceed with two bond sales verses one. Dennis replied that the cost would be approximately $5,000 to $7,000 more for two bond sales, he did not know what the cost of litigation would be. Proceedings of the September 19, 1989 Shakopee City Council Page -4- Wampach/Clay moved to make the report of Judith S. Cox, City Clerk, dated September 14, 1989, part of the Council proceedings (DOC #CC- 173) . Motion carried unanimously. Wampach/Zak moved to instruct the Assistant City Attorney to start proceedings to require the Mayor to sign or the Vice Mayor to sign Resolution No. 3114, as well as all bond transcript documents related thereto or in the alternative, declare all bond transcript items as well as the Resolution valid without signature. Roll Call: Ayes: Cncl. Zak, Wampach and Clay Noes: Cncl. Scott and Mayor Lebens Motion carried. Wampach/Clay moved to instruct Springsted to indicate on the official statement that there is pending litigation involving the sale of $1,635,000 general obligation tax increment bonds. Motion carried unanimously. Wampach/Zak moved to approve the bills in the amount of $772, 668.35. Roll Call: Ayes: Unanimous Noes: None Motion carried. Zak/Clay moved to adjourn. Motion carried unanimously. Meeting adjourned at 9:05 p.m. J 1i S. 2iiLy Clerk Carol L. Schultz Recording Secretary 6 OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL SPECIAL SESSION SHAKOPEE, MINNESOTA SEPTEMBER 27, 1989 Mayor Lebens called the meeting to order at 5:00 p.m. with Cncl. Wampach, Zak, Vierling, Scott and Clay present. Also present were Dennis Kraft, City Administrator; Rod Kress, Assistant City Attorney; Barry Stock, Administrative Assistant; Mike Manning, Canterbury Downs and Jim Lockhart, Popham, Haik. Wampach/Clay moved to accept the special call of the Mayor for the special meeting. Motion carried unanimously. The Assistant City Attorney explained that Canterbury Downs has requested that the City of Shakopee reissue the $44,000,000 Sports Facility Revenue Bonds - Series 1984B that were originally approved for issuance by the City Council in 1984. The Series 1984-B Bonds were parked and were supposed to be used for future expansion of the racetrack. Mr. Krass explained that the $46,000, 000 Series 1984-A Bonds were used and have since been retired. Mr. Krass explained that in conjunction with agreeing to issue the Sports Facility Revenue Bonds, Minnesota Racetrack Inc. agreed to an administrative fee payable to the City of Shakopee. Mr. Kress stated that Minnesota Racetrack has informed the City that they are willing to pay the $142,260.72 due relating to the Series B Bonds, but they are not in a position to pay the remaining $274,374.28 associated with the Series A Bonds which have since been retired. Minnesota Racetrack Inc. is requesting that the City only require payment of the $142,260.72 at this time. Mr. Kress then explained that according to representatives from Minnesota Racetrack, the City would not be waiving their ability to collect the $274,374.28 due the City, but would simply be waiting until there is some economic ability to actually make the payment. Mr. Krass pointed out that if the Series B Bonds are ultimately issued, the City would have to approve the issuance and would ultimately be able to negotiate the repayment of the outstanding fee. Councilman Clay questioned whether the City had incurred any expense in conjunction with the issuance of the bonds. Mr. Krass stated that to date the City has not actually incurred any expenses billed as a result of this issuance. All City Attorney fees have been billed directly to the track. Councilman Scott stated his concern over the potential loss of over $250,000 of revenue to the City. He questioned whether or not any provision could be made that any future owner of the racetrack be responsible for picking up the $274,374.28 outstanding administrative fee due. Jim Lockhart, Popham, Haik stated that Minnesota Racetrack is simply requesting permission to park the bonds at this time. He went on to state that any new buyer that wants to use the bonds would have to come back and ask the City's permission. At that time, the City could negotiate for payment of the outstanding administrative fee due. He noted that if the City does not agree to reissue the bonds at this time, it would eliminate any potential Proceedings of the Shakopee 27, 1989 Shakopee City Council Page -2- for the City to recoup the outstanding administrative fees due. Councilman Wampach stated that he had the same concern as Mr. Scott regarding the potential loss of $274,374.28. Mr. Lockhart explained that Minnesota Racetrack Inc. is willing to pay over $142,000.00 to the City today. This allows the racetrack the flexibility to bring in a potential third party who ultimately may need to utilize the Series B Bonds for financing the purchase of the track. Councilman Clay pointed out how much the racetrack pays annually in taxes. He stated that he was concerned that by not reissuing the Series B Bonds, the City maybe jeopardizing the potential sale of the track and also the collection of tax revenues from the track. Dennis Kraft, City Administrator stated that by taking the $142,000.00 at this time, the City does not forfeit its future right to the outstanding administrative fee due. Discussion ensued on the potential sale options of the track. Mr. Lockhart pointed out that if the track is sold under a stock purchase plan, the new owners would be responsible for all debts of the current owner. Under this scenario, the new owners would be liable for the remaining $274,374.28 in administrative fees. He noted that if an out right sale occurs, the new owners would not be responsible for the administrative fee due. However, if the new owners wanted to utilize the Series B Bonds, they would need City approval. At that time, the City could negotiate for the payment of the outstanding administrative fee due. Mr. Lockhart then explained the financial dilemma of the track and his wariness regarding the tracks payment of $142, 000.00 in administrative fees to the City at this time. Vierling/Clay moved that the amount of the fee to be collected from Minnesota Racetrack Inc. at this time be set at $142, 260.72. Motion carried unanimously. Vierling/Clay moved to offer Resolution No. 3116 a resolution further amending the supplemental indenture of trust dated as of October 15, 1984 for $44,000,000.00 Sports Facility Revenue Bonds, Series 1984 B and the loan agreement executed in connection therewith and moved its adoption. Motion carried unanimously. Mr. Kraft pointed out that the actual amount of the parked bonds will equate to $34,450,000.00. Councilmember Wampach questioned why it was $34,450,000.00 as compared to the $44,000,000.00. Mr. Lockhart stated that the amount of bonds to be parked was placed on the additional capital expenditures remaining in addition to the original $46,000,000.00 that had been spent. At this time, Minnesota Racetrack Inc. can only establish to the satisfaction of 6 Proceedings of the September 27, 1989 Shakopee City Council Page -3- the bond lawyers legitimate qualified expenditures in the amount of $34,450,000.00. Vierling/Zak moved that Minnesota Racetrack Inc. be responsible for submitting a certified check in the amount of $142,260.72 to the City prior to the appropriate City officials executing the documents relating to the remarketing of the Series B Bonds. Motion carried unanimously. Mr. Lockhardt stated that it may be easier for the racetrack to wire the funds to the City's account. Clay/Scott moved that wired funds be an acceptable form of payment in lieu of a certified check. Motion carried unanimously. Scott/Clay moved to adjourn the meeting at 5:45 p.m. Motion carried unanimously. Barry A. Stock Recording Secretary Judith S. Cox City Clerk OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL REGULAR SESSION SHAKOPEE, MN OCTOBER 3, 1989 Mayor Lebens called the meeting to order with Cncl. Zak, Vierling, Clay, Scott and Wampach present. Also present were Dennis Kraft, City Administrator; Barry Stock, Administrative Assistant; Judith S. Cox, City Clerk; David Hutton, City Engineer; and Julius A. Coller II, City Attorney. Wampach/Vierling moved to recess for Housing and Redevelopment Authority Meeting. Motion carried unanimously. Vierling/Clay moved to reconvene to City Council at 8:00 p.m. Motion carried unanimously. Mr. Tom Hay was present from Dorsey and Whitney and said the bids for the sale of GO TIF Bonds for the Hwy 169 Bridge and the Upper Valley Drainage Project were received today and everything is going along fine. He explained why the two bond series were being consolidated into one (Series A) . 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. Wampach/Clay moved to approve the minutes of September 12, 1989. Motion carried with Cncl. Vierling abstaining. Dennis Kraft reviewed the NSP request for 9-10 percent increase in rates to be effective in early 1990. Cncl. Vierling said that the Suburban Rate Authority will probably take some action representing Shakopee on this matter. Clay/Zak moved to that this City Council would see no reason why a future City Council would not approve the transfer of the Shakopee VFW Post #4046 on-sale club liquor license and gambling license (assuming that they are valid) from their current location at 132 East let Avenue to a new location at 3rd Avenue and Marschall Road, provided any required Conditional Use Permit is in effect. (Motion approved under consent business) . Clay/Vierling moved to open the public hearing on the vacation of a utility easement lying in the south corner of Lot 1, block 1, Valley Mall 1st Addition to allow for the expansion of K-mart. Motion carried unanimously. Proceedings of the October 3, 1989 City Council Page -2- Judith Cox said the K-mart store is planning to expand into the Mall area and also the rear of the Mall area. There is a watermain running behind the mall and the proposed expansion will be located over this watermain. SPUC will be working with the developer on relocating the watermain. The purpose of the hearing is to determined if the easements serve any public purpose and if not then consider the vacation of the easements upon the actual relocation of the watermain and the conveyance of a new easement for the relocated watermain. Planning Commission and SPUC have no problems with the request for relocation and vacation. The Yiayor asked if there were any comments tram the audience. There was no response. Clay/Zak moved to close the public hearing. Motion carried unanimously. Clay/Wampach moved upon satisfactory relocation of the present utilities the Council is willing to vacate certain easements in Lot 1, Block 1, Valley Mall First Addition to allow for the expansion of the K-mart Store, upon the relocation of the existing watermain and the creation of a new easement; and directed staff to prepare the appropriate resolution for Council consideration when such actions have been completed. Motion carried unanimously. Scott/Zak moved to allow the expenditure of $7,500 for the renovation of the storage area at the police department pending documentation back to the City Council by the end of October, as an informational item. Roll Call: Ayes: Unanimous Noes: None Motion carried. Clay/Wampach moved for a 10 minute break. Motion carried unanimously. Zak/Vierling moved to reconvene at 8:30 p.m. Motion carried unanimously. Clay/zak moved to transfer Agnes Unze to Planning Department as Clerk Typist II at current salary effective October 9, 1989. (Motion approved under consent business) . Clay/Zak moved to authorize staff to proceed with appropriate posting and advertising to fill the Police Clerk Typist II vacancy created by transfer of Agnes Unze. (Motion approved under consent business) . Vierling/Zak moved to authorize the Public Works Dept. to: 1. Purchase the Frink Model 4512 Polyplow hydr. reversible plow from Boyum Equipment Co. , for the quoted price of $4,250.00. Proceedings of the October 3, 1989 City Council Page -3- 2. Purchase the Root Model F-5 underbody blade from Ruffridge- Johnson Equipment Co. , for the quoted price of $2,400.00. 3. Purchase the Swenson Model SA spinner sander from Boyum Equipment Co. , for the quoted price of $1,785.00. 4. Purchase the Max-Trac 60 watt radio, antenna, and installation kit from Motorola, Inc. , for the quoted price of $775.00. Roll Call: Ayes: Cncl. Wampach, Zak, Vierling and Mayor Lebens Noes: None Motion carried. Vierling/Zak moved to direct the appropriate City staff to utilize BRW, Inc. to complete a traffic circulation study near the Bergquist property at a not-to-exceed figure of $1,500.00 and to include the results of this study in the feasibility report currently being prepared for this new road. Roll Call: Ayes: Cncl. Vierling, Zak, Scott, Wampach and Clay Noes: Mayor Lebens Motion carried. Discussion ensued on whether or not it is safe to allow St. Marks Catholic School to continue to use 3rd Avenue as a playground. The City Engineer said an alternative would be to install some type of wood post such as is in downtown to which a heavy duty chain could be attached to or the other option would be to use the normal City construction barricades we use for streets but they would have to be taken down every afternoon. The City Attorney said it would be to the City's benefit to strengthen the barricades. Vierling/Clay moved to instruct staff to install permanent steel posts at the corners of 3rd Avenue and Atwood and Scott Streets to be used with chains and reflector banners to block off 3rd Avenue during its use as a playground. Motion carried unanimously. The City Engineer reviewed the plans and specifications for the construction of 5th Avenue. There are several properties that are non buildable as they exist today for reasons such as setbacks, no street frontage etc. The appraiser and legal staff have indicated that one solution would be for the City to purchase those odd lots and market and develop them. Another option would be to continue the street project and defer assessments until the areas are developable. Vierling/Scott moved to direct staff to send out request for proposals to various developers to determine if the City should develop the vacant land along the north side of 5th Avenue and west of Market street and direct staff to continue preparing the street and utility plans for this project because the project will go forward as ordered, regardless of the outcome of the development Proceedings of the October 3, 1989 City Council Page -4- issue and defer the assessments if appropriate. Motion carried unanimously. Scott/Zak moved to direct appropriate City staff to submit the Minnesota Dept of Transportation's proposed conveyance of a portion of Trunk Highway 101 to Valleyfair to the Planning Commission for comments, as required by State Statute. Motion carried unanimously. Clay/Zak moved to authorize the City Clerk to make absentee ballots for the November 7, 1989, election available to the appropriate election officials of School District No. 720. (Motion approved under consent business) . Vierling/Wampach moved to hold the November regular City Council meeting on Wednesday, November 8, 1989, at 7:00 p.m. Motion carried unanimously. Clay/Vierling moved to approve the bills in the amount of $87,702.21. Roll Call: Ayes: Unanimous Noes: None Motion carried. Mr. MCGillvrey, Springsted, Inc. , reviewed the Sale of GO TIF Bonds the for Hwy 169 Bridge and Upper Valley Drainage Project. He said he recommends the award to the lst Bank National Association for their lowest bid and everything looks good. Vierling/Zak offered Resolution No. 3129, A Resolution Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and Providing for the Payment of $3,600,000 General Obligation Tax Increment Bonds, Series 1989A and moved its adoption. Roll Call: Ayes: Cncl. Zak, Vierling, Clay, Scott and Wampach Noes: Mayor Lebens Motion carried. Zak/Vierling moved to recess for a Housing and Redevelopment Authority Meeting, at 9:13 p.m. Motion carried unanimously. Scott/Zak moved to reconvene to City Council at 9:15 P.M. Motion carried unanimously. There was some discussion on the Capital Improvement Projects scheduled for construction in 1990. No action was taken. Dennis Kraft recommended the City Council do nothing regarding the 1990 budget until we find out what the maximum amount a City can levy which will not be determined until after the Special Legislative Session. Clay/Zak offered Resolution No. 3126, A Resolution Certifying Delinquent Storm Drainage Utility Bills for Collection on the Tax Proceedings of the October 3, 1989 City Council Page -5- Rolls Payable 1990 and moved for its adoption. (Motion approved under consent business) . Clay/Vierling moved Ordinance No. 273, An Ordinance of the City of Shakopee Minnesota, Amending Shakopee City Code by Amending Chapter 3, Entitled "Municipal and Public Utilities-Rules and Regulations, Franchises and Rates" by Changing Provisions Relating to Refuse Collection and Adding Provisions Relating to Source Separation and by Adopting by Reference Shakopee City Code, Chapter 1 and Section 3.99, which among other things, Contain Penalty Provisions and moved for its adoption. Motion carried unanimously. Clay/Zak moved to authorize the police department to participate in the Southwest Metro Task Force, with the City to contribute $5,000. (Motion approved under consent business) . Clay/Zak moved to authorize Acting Chief John DuBois to temporarily assign Sergeant Dennis Anderson to the duty of Task Force Commander of Southwest Metro Task Force for one year. (Motion approved under consent business) . Clay/Zak moved to authorize the Police Department to hire a officer to replace Sergeant Anderson, with money contributed toward the task force fund. (Motion approved under consent business) . Clay/Zak Offered Resolution No. 3125, A Resolution Relating to City Participation in Narcotics Control Program, and moved for its adoption. (Motion approved under consent business) . Clay/Zak offered Resolution No. 3119, A Resolution Apportioning Assessments Among New Parcels Created as a Result of the Subdivision of Land (Parcel #27-908001-0) , and moved for its adoption. (Motion approved under consent business) . Clay/Zak offered Resolution No. 3120, A Resolution Apportioning Assessments Among New parcels Created as a Result of the Platting of Stonebrooke 1st Addition, and moved its adoption. (Motion approved under consent business) . Clay/Zak offered Resolution No. 3121, A Resolution Apportioning Assessments Among New Parcels Created as a Result of the Platting of Meadows 2nd Addition, and moved its adoption. (Motion approved under consent business) . Clay/Zak offered Resolution No. 3124, A Resolution Appointing Judges of Election and Establishing Compensation, and moved its adoption. (Motion approved under consent business) . There was discussion on the salaries of Coucilmembers. Cncl. Vierling said she feels uncomfortable with doubling the Councilmembers salaries. She said she would like to see what the Proceedings of the October 3, 1989 City Council Page -6- Stanton Survey had proven and would like to know the PERA level. Dennis Kraft said the PERA minimum is $425 per month. She feels that Councilmembers should be able to participate in this program and that maybe the salary could reflect what is needed to participate. Cncl. Clay said he felt by raising the salary we could do away with per diem and vouchers. Cncl. Wampach said whatever is done for the Council should also be done for the Public utilities as well. Vierling/Wampach moved to set the ordinance to meet with the PERA requirement for the Council with a 20% differential for the Mayor. Roll Call: Ayes: Cncl. Vierling, Clay, Wampach, Zak and Mayor Lebens Noes: Cncl. Scott Motion carried. Vierling/Wampach moved to have staff research what compensation other public utility commissions are getting and bring it back to council at budget time. Motion carried unanimously. Clay/Zak offered Resolution No. 3123, A Resolution Accepting the Shakopee Community Youth Building from the Shakopee Lions and Establishing a Committee to Oversee Its Operation, and moved its adoption. (Motion approved under consent business) . Clay/Zak offered Resolution No. 3127, A Resolution Initiating the Partial Vacation of a Utility Easement Lying in Lot 1, Block 1, Valley Mall 1st Addition, Scott County, Minnesota, for Shakopee Town Square Theatre Expansion, and moved its adoption, and direct staff to set the date for the public hearing for the first Council meeting in November. (Motion approved under consent business) . Clay/Zak offered Resolution No. 3128, A Resolution Relating to Minnesota River Valley Redevelopment Project No. 1; Calling for a Public Hearing on the Adoption of a Modification to the Redevelopment Plan for the Project, the Establishment of Tax Increment Financing District No. 8 in the Project Area, and the Adoption of a Tax Increment Financing Plan Therefore, and moved its adoption. (Motion approved under consent business) . Vierling/Clay moved to adjourn to October 17, 1989 at 7:00 P.M. Motion �u�cc/✓/a��r�rrii(`ed /u^n(a/nimously. Meeting adjourned at 9:45 P.M. I�al iLn J. I:OX i y Clerk [ Carol L. Schultz Recording Secretary TO: Dennis R. Kraft, City Administrator / FROM: Gregg Voxland, Finance Director RE: Residential Sewer Billing Base DATE: October 5, 1989 Introduction Councilman Wampach has had several residents contact him regarding fall lawn or tree watering and the affect on sanitary sewer bills. Background Residential sewer bills are based on the water used between approximately September 20 and March 20. Sewer bills starting in the next month (April 1 bills) are calculated on that water usage and then the resident is billed the same amount for sewer for the next 12 months, until a new base is available. This avoids billing sewer based on water that is used for summer lawn watering. The question being raised is that water used on the lawns in late September or October is part of the base for setting the sewer bill for the following billing year. In other words, residents are paying sewer charges for water that went on the lawns or trees in late September/October. When Council switched to consumption based billing about 10 years ago, they decided to use the "winter" six months of water usage for the base instead of only three months. SPUC currently reads meters and bills water quarterly, therefore Councils choice is how many quarters to use for billing sewer. Two quarters provides a broader base than one quarter and is less subject to fluctuations due to short term events such as guests for the holidays, etc. . There was a similar situation last year with the drought and fall lawn watering. Council's response was to allow the Finance Director discretion to adjust sewer bills for fall lawn watering for that season. We had less than a half a dozen calls for adjustments. Alternatives 1. Status Quo. 2. Change billing policy to allow staff discretion to adjust sewer bill due to fall lawn/tree watering. 3. Change to using only one quarter of water use for the sewer billing base. 4. Pursue/explore the option of SPUC going to monthly reading of water meters. This would allow Council the option of using five or four months of water usage for the sewer base. Recommendation At this point I feel that alternative 4 is the best solution because Council can use five or four months for sewer billing. Also, it would improve the cash flow and investment earnings for the water fund and level out the utility bills by eliminating the quarterly spike due to water billing. Of course, water billing/meter reading falls under the control of SPUC and it would be their decision to change. Alternative number 2 would be the second choice. Action Move to direct staff to meet with Shakopee Public Utilities Commision and/or staff to explore the possibility of monthly water meter reading and report back to Council. J """ ca",Q �vcCa e /7r4 "L" C LEImEIER SRpROPEEpyE M! 55311 Fr.✓9y[� J } a RECEIVED OCT i -INS CITY OF SHAKOPEE L,J.��- / .,� - °-� ??°ao��2•,�-rte arc �i'.N-+4A GES 8x" /✓ 1� /r✓/JR.Qp- �J--� �7v�2�..�i� �/; (/"'� — � 0 � I(rte �i,/ec� °�-G'•� r/�72- 0-KdZ' ,�%Y�'2� � n MR. NLLPN G LENSMEIER S12 w STN .VE SNPROPEE. MN 55379 1 Metropolitan Waste Control Commission Mears Park Centre, 230 Fast Fifth Strl St. Paul, Minnesota 55101 612 222-8423 October 2, 1989 Mayor Dolores Lebens City of Shakopee 129 East First Ave. Shakopee, MN 55379 Dear Mayor Lebens: The purpose of this letter is to provide you with information regarding the 1990 sewer service charges. The annual sewer service charge is based on the estimated volume of your community's sewer flow relative to the estimated flow from all the sewered communities using the Metropolitan Disposal System. The estimated sewer service charge is adjusted up or down in the final cost allocation once the actual flow is determined for that year. The following statements are offered to clarify this process: 1988 Final Cost Allocation. This statement shows your community's sewer service charges based on actual wastewater flow and MWCC expenditures in 1988. Actual flow in 1988 was determined by the metered and/or unmetered flow from your community. The allocation also shows any credits for facilities acquired from your community (current value credit) or for debt service paid by your community. It also shows any credit or debit resulting from the 1986 Final Cost Allocation. A debit or credit generally occurs when a community has more or less wastewater volume than estimated, relative to other communities. 1990 Statement of Sewer Service Charges. This statement shows the estimated wastewater flow from your community for 1990, and your community's sewer service charges based on the MWCC's 1990 budget. The 1990 estimate of your community's flow is based on past flow records, precipitation trends and anticipated community growth. The statement also shows any credits or debts resulting from the Final 1988 Cost Allocation. am forwarding a copy of the aforementioned statements, a Comprehensive Annual Financial Report (CAFR) and a Survey of Household Retail Sewerage Rates to your finance officer. If you would like additional copies of any of these documents, the MWCC's 1990 budget, or you have any questions, please let me know. Z my yours,e J.'kerr--K�annt�t Chair WB:RAO:jle cc: Dennis Kraft, City Administrator, City of Shakopee Finance Director, City of Shakopee Commissioner Gloria Vierling Gordon O. Voss, Chief Administrator, MWCC Lois I. Spear, Comptroller, MWCEqual opportuniry/A irmati e A ion Employer 41110D.-O 7 �J METROPOLITAN WASTE CONTROL COMMISSION STATEMENT OF 1990 SEWER SERVICE CHARGES 183 SHAKOPEE ESTIMATED COST GALLONAGE FOR M GALLONS AMOUNT CURRENT USE CHARGES: TREATMENT WORK COSTS 950 971.00 $922,450.67 SEWER SERVICE AREA NO. 4 950 121.21 $115, 157.67 ______________ TOTAL CHARGES $1,037,608. 34 OTHER CREDITS OR CHARGES CURRENT VALUE CREDIT $9,064. 00 CR DEBT PAYMENT CREDIT $0.00 CR 1988 FINAL COST ALLOCATION $37,462. 07 ________________ TOTAL CREDITS OR CHARGES $28, 398.07 TOTAL ANNUAL ESTIMATED NET PAYMENT DUE $1, 066,006.41 MONTHLY INSTALLMENT $88,833.87 Due on the first day of each month. Installments not recieved by the 10th day of each month in which due shall be regarded as delinquent and shall bear interest from the first day of such month at the rate of 6% per annum. METROPOLITAN WASTE CONTROL COMMISSION FINAL COST ALLOCATION FOR BUDGET YEAR 1988 183 SHAKOPEE MILLION GALLONS AMOUNT CURRENT USE CHARGES: TREATMENT WORK COSTS 894 759,951.78 SEWER SERVICE AREA NO. 4 894 190,855.30 TOTAL CHARGES 950,807.08 OTHER CREDITS OR CHARGES CURRENT VALUE CREDIT 9,064.00 CR DEBT PAYMENT CREDIT 1986 FINAL COST ALLOCATION 51,026.29 CR TOTAL CHARGES OR CREDITS 60,090.29 CR TOTAL ANNUAL ACTUAL CHARGES 890,716.79 1988 CASH PAYMENTS 853,254.72 NET SURPLUS (OR DEFICIT) (37 ,462.07) Shakopee Public Schools 7c Independent School District No. 720 District Office .wan Lynch.Chair 505 S. Holmes Street James Sorensen,Yrs Chair k0 $ha Suzanne Van Flout,Clerk pee, Minnesota 55379 Janet Mndt,Treasurer (612)445-4884 Jona Carlson,Director James O'Bnen,Director Gayden F.Cartuth,Ph.D.,Superintendent of Schools Steven Johnson,Director Ronald E.Word,Director of PdminishotKe Services Robert Malin,Director of Business SeMces September 28, 1989 Mr. Dennis Kraft City Administrator City Hall 129 1st Avenue East Shakopee, Minnesota 55379 Dear Mr. Kraft: On Monday, September 26, the Shakopee Board of Education voted to place a three-year excess levy question on the ballot for November 7. As a result of the ballot question which the board selected, there will be numerous revenue and levy trade-offs and specific expenditure reductions during the next three years. One of the expenditure reductions is the elimination of the school district's contribution to the Community Recreation Program beginning in 1991. As you are aware, this program is provided under a joint powers agreement between the school district and the City of Shakopee. That agreement requires that a one-year notice of withdrawal be given. While official action has not been taken at this time, it is the School Board's intent to dissolve the joint powers community recreation program. Action will be taken prior to December 31, 1989, and will impact the 1991 Community Recreation Program budget. I am sure this information will be useful to you in your own budget planning process. In other action on Monday, September 26, the School Board approved the 1990 budget allocation request for the Community Recreation Program in the amount of $55,520. If you have questions about these items, please feel free to contact me. - Sincerely, 1 /t Gayden F. Carruth Superintendent of Schools GFC:cb A Tobacco-Free School District An Equal opportunity Employer MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Application for Gambling License Pheasant's Preservation, Inc. DATE: October 17, 1989 INTRODUCTION: I sent Mr. Fallenstein; Pheasant's Preservation, Inc. , 108 Walnut Street, a copy of my memo regarding their application for a gambling license. He stopped into my office this afternoon to visit me regarding the application. In summary, the application is not from a local organization and does not meet the requirements of the City Code. Mr. Fallenstein would like to correct his application for a gambling license so that it would be for a local organization. The application is being corrected to be in the name of Pheasant's Preservation, Inc. , 1369 East 1st Avenue, Shakopee, MN. I have discussed the change with the City Attorney and he concurs that the corrected application meets the requirements of the City Code. ACTION RECOMMENDED: Move to waive the 60 day waiting period for a gambling license from the Department of Gaming, Gambling Control Division for Pheasant's Preservation, Inc. , 1369 East 1st Avenue, Shakopee, MN, 55379. JSC/tiv MEMO TO: Dennis R. Kraft, City AdmiAistrator FROM: Judith S. Cox, City clerk --N'-- RE: Application for Gambling License Pheasant's Preservation, Inc. DATE: October 11, 1989 INTRODUCTION: The City has acknowledged application by Pheasant's Preservation, inc. , 108 Walnut Street, Mankato, MN, for a gambling license from the Gaming Division of the State of Minnesota. The City has also received a request from the Shakopee Chapter of Pheasant's Preservation, Inc. to waive the 60 day waiting period so that the gambling license application may be considered at the Minnesota Gambling Control Board meeting in October. BACKGROUND: I understand (from Mr. Fallenstein, Chief Executive Officer, and from Mr. Riegger, Shakopee Chapter) that the Shakopee Chapter has just been established and they are looking for members. They plan on using the proceeds from gambling (tip boards) , in Shakopee within the Scott County area for educational purposes and to acquire land to be set aside for the formation of a natural habitat to raise and provide for wildlife. The State gambling laws require that an organization be in existence for three years before a gambling license is issued. The Pheasant's Preservation, Inc. has been in existence for four years and have received licenses for a number of locations in Minnesota. The Shakopee Chapter is just forming and does not qualify for a license under its chapter name. Therefore, the license is being applied for under Pheasant's Preservation, Inc. , 108 Walnut Street, Mankato, MN. When the State Gambling Control Board was created and took over licensing for bingo and gambling from Cities, the City Council adopted a simple policy regarding the regulating of gambling in Shakopee. Rather than duplicating the monitoring of regulations done by the State, the City Code adds only one more regulation to those set forth by the State. A GAMBLING ACTIVITY MUST BE LICENSED BY THE STATE AND IT MUST BE OPERATED, CONDUCTED, OR SOLD BY ANY FRATERNAL, RELIGIOUS, VETERANS OR OTHER NON-PROFIT ORGANIZATION, WHICH CARRIES ON ITS ACTIVITIES IN AND IS LOCATED AND BASED IN THE CITY. ANY SUCH ORGANIZATION, HOWEVER, HOLDING A STATE GAMBLING LICENSE REGARDLESS OF WHERE BASED OR LOCATED MAY CONDUCT NOT MORE NOT MORE THAN ONE RAFFLE IN ANY GIVEN YEAR IF IT IS HELD IN CONJUNCTION WITH A BANQUET AND/OR A DANCE. Council's rational for limiting gambling activities to local organizations was to keep the pull-tab. revenues within the community. Pheasant's Preservation, Inc. , does not qualify for a license under the Shakopee City Code. The Shakopee Chapter does not qualify for a license under the State Statutes because it has not been in existence for three years. ALTERNATIVES: 1) Deny license - consistent with current City Code. (The local chapter will be eligible to apply after they have been in existence for three years. ) 2) Approve license - contrary to City Code. 3) Amend City Code by eliminating the requirement that an organization must carry on its activities in and be located and based in the City. The application still should not be approved now, but the applicant could reapply after the City Code is amended. Organizations such as the Hockey Association, Lions, Jaycees, etc. are dependent upon pull-tab revenues to fund community programs. Participation in gaming activities by non-local organizations could result in needed funding leaving the community. Because this may ultimately have a large effect upon the amount of gambling proceeds used within the community, a public hearing may be desirable. 4) Waive the 60 day waiting period and approve the license - contrary to City Code. RECOMMENDATION: Alternative no. 1, Deny license. RECOMMENDED ACTION: Move to approve the application from Pheasant's Preservation, Inc. , 108 Walnut Street, Mankato, MN for a gambling license at the Rock Spring Supper Club, 1561 East 1st Avenue, and waive the 60 day review period. Vote in the negative. [Motion should be made in the positive and defeated, not made in the negative. ] JSC/t1V David C. Riegger Shakopee Chapter, Pheasants Preservation, Inc. , P. O. Box 232 , Shakopee, Mn 55379 October 5, 1989 Judy Cox, City of Shakopee, 129 East First Avenue, Shakopee, Mn 55379 Dear Judy: Please review the Gambling License Application prepared for the Minnesota Department of Revenue by the Shakopee Chapter of Pheasants Preservation, Inc. to conduct charitable gambling at Rock Spring Supper Club, 1561 East let Avenue, Shakopee, Minnesota. Please note that the license application is in the name of Pheasants Preservation, Inc. ' s parent organization, as the state has requested, to comply with the I . R. S. tax exempt status granted to the organization. (a copy of which is attached. ) The Shakopee Chapter of Pheasants Preservation, Inc. requests that the City of Shakopee waive the sixty day waiting period so that the Gambling License Application may be considered at the October Minnesota Gambling Control Board meeting. A blank waiver form is attached. Please copy the form on city letterhead and sign. We have reviewed the ordinance relating to lawful gambling within the city of Shakopee and expect no problems complying completely. The Shakopee Chapter of Pheasants Preservation, Inc. is dedicated to preserving and protecting pheasants and other upland game and their habitat in Scott County. Towards this goal , we look to acquire land to be set aside for the formation of a natural habitat to raise and provide for wildlife. Yours truly, David C. Riegget 72 ,.. Or 1989 enc. %4T{ G St r�{Ok'EE DCR/jm e—� al Revenue Service Department of the Treasury District Director I' n PDX A 1290 UPN 7. MILAN, IL 60VO nate: $ 9 JAN 1989 Lmployer Identification Number: 36-3496284 Coptact rerson: P. .1. MAZARAKOS, .IR. 1'111-AWITS PRESFRVATCON INC. Contact Telephone Number: ton WALNUT STRFEI (312) 386-127^ MANKAIO, MN 56001-00On Accounting Period Ending: December 31 fore 990 Required: Yes Caveat Applies: No near Applicant Oared an Information supplie.l, and assuming your operations utll be At; stated In your application for recognition of lKemptioni we have determined yon are exempt from Federal Income kax under section 501(c) (3Pr'of the Internal Nev-nue Code. He have further determined that you are not a private foundation idthin the moaning of section 509(a) of the Code, because you are an organization described In seetidds'509(a)(U land 170(b)(1) (A) (vl). ' If your sources of support, or your purposes, charactert or methmd of operation changet please let us knoll so Ne can consider the effect of the rhango on your exempt status and foundation status. In the case of an amend- ment to your organizational document or hylaes, please send us a copy of the amended document or bylaps. Also, you should inform us of all changes in your name or address. As of January Is 1904, you are liable for taxes under the Federal Insurance Contributions Act (sor.ial security taxes) on remuneration of $100 or more you pay to eachof your employees during a calendar year. You are not liable.,for the`tax-_i•pesed under the Federal Unemployment Tax Act (FUTA).. Since you are not a private foundation, you are not sub Ject to the exrise taxes under Chapter 42 of the Code. Ho,!ever , you are not automatically exempt from other Federal excise taxes. If you have any questions about excise, employment, or other Federal taxes, please let us knon. 'p fNbti May..deduct cohtrlbutiohs to you as provided In section 170 of the Code' Dequests, legacies# devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the ='pplirable provisions of Code sections 20554 2106, and 2522. Letter 947(OIVCM i PHEASANTS PRESERVATION INC The heading of this letter indicates whether you must file Form 990, Return of Organization Exempt from Income Tax. If :Yes' is indicated, you are required to file Form 990 only If your gross receipts each year are normally more°tllall 025,000. ' If a return Is required, it must be filed by the 15th day of the fifth month after the end of your annual accounting period. The law imposes a penalty of $10 a day, up to a maximum of 115.0001 when a return is filed late, unless there is reasonable cause for the delay. You are not required to file Federal income tax returns unless you are subJect to the tax on unrelated business Income under section 511 of the Code. If you are subject to this taxg you must file an income tax r'etur'n on Form 990-T7 Exempt Organization Business Income Tax Return. In this letter, we are not determining whether any of your present or proposed activities are unrelated trade or business as defined in section 513 of the Code. You need an employer identification number even if you have no employees. If an employer identification number was not entered on your application, a number will be assigned to you and you will be advised of It. Please use that number on all returns you file and In all correspondence with the Internal Revenue Service. If the heading of this letter indicates that a caveat applies, the caveat below or on the enclosure is an Integral part of this letter. Because this letter could help resolve any questions about your exempt status and foundation status, you should keep it in your permanent records. If you have any questions, please contact the person whose name and telephone number are shown in the heading of this letter. Sincer/reell�ly� yours, R. S. Nintrode, Jr� District Director Letter Y4/010/I:01 By the power vested in me by City of Shakopee and on its behalf . I do hereby waive the 60 day waiting period provided for the acknowledgeme-ot section of the atta^hed gambling license application by Pheasants Preservation. Inc. . LATE BY FOR BOARD USE ONLY j MINNESOTA DEPARTMENT OF REVENUE ticanse Number GAMING DIVISION Mail Station 3315 PAID St. Paul MN 55146-3315 AMT 612/297-5300 CHECK# DATE GAMBLING LICENSE APPLICATION INSTRUCTIONS A. Type or print in ink. B. Take completed application to local governing body,obtain signature and date on all copies,and leave 1 copy.Applicant keeps 1 copy and sends original to the above address with a check. C. Incomplete applications may be returned. D. Enclose license fee with application. Type of Application: D Class A — Fee$100.00(Bingo, Raffles,Paddlewheels.Tipboards,Pull-tabs) I t Class B— Fee$ 50.00(Raffles.Paddlewheels,Tipboards, Pull-tabs) stakechecks wyabie to: O Class C— Fees 50.00(Bingo only) commissioner of Rewmi O Class D— Fee S 25.00(Raffles only) Check one: O 1A. Organization has never been licensed. 1018. New site—Give base license number 02999 D 1C. Renewal of existing license—Give complete license number. O 1 D Change in class of an existing license—Give complete license number. O Yes N No 2. Has organization ever received a Lawful Gambling Exemption Permit from the Board? If yes,give complete permit number 0 Gd Yes O No 3. Have Internal Controls been submitted previously on a form provided by the Board? R no,please attach copy. 4. Applicant(Official,legal name of organization) 5. Business Address of Organization PheaaentrR Preservatirma Tnc- c/o Tahn oa11enntain 109 Walnut Street 6. City,State,Zip 7. County 8. Business Phone Number xantratnk 1e1 561101 Blue Earth 1 507 1345-3771 9. Type of organization: DFraternal OVeterans DReligious 111110ther nonprofit 0 yes O No 10. Is organization incorporated as a twin�ofh organization?If yes,give number assigned to Articles or page and book number: Attach copy of certificate. ®Yes O No 11. Are articles filed with the Secretary of State? Ill Yes O No 12. Is organization exempt from Minnesota or Federal income tax?If yes,please attach letter from IRS or Department of Revenue declaring exemption. O yes 18 No 13. Has license ever been denied,suspended or revoked?H yes,check all that apply: O Denied O Suspended O Revoked Give date: 14. Number of active members 16. Number of years in existence Note: Attach evidence of 123 4 three years existence. 16. Name of Chief Executive Officer(Cannot be 17. Name of treasurer or person who accounts for other Gambling Manager) I revenues of the organization(Cannot be Gambling Manager) John Fellenstein Jodi Hahn Title Title Chief Executive Off Trensurer Business Phone Number Business Phone Number 1 507 ) 145-349n 1 507 1 388-9307 18. Name of establishment where gambling will be conducted 19. Street address(not P.O.Box Number) 20. City.State.Zip 21. County(where gambling premises is located) : IYhi. .J.i r '/. I CG-0001-03(3/891 white CoprBoar4 Canary-Applicant Pink-Local Governmi;Body Page 1 of 2 Gambling License Application Type of Application: ❑ Class A IA Class B ❑ Class C ❑ Class D N Yes 0 No 22. Is gambling premises located within city limits? PLYes 0 No 23. Are all gambling activities conducted at the premises listed in#18 of this application?If not,complete a separate application for each p (except raffles)as a separate license is required for each premises. 0 Yes Nr No 24. Does organization own the gambling premises?If no,attach copy of the lease with terms of at least one year, and attach a sketch of the premises indicating what portion is being leased.A lease and sketch are not required for Class D applications. 25. Amount of Rent Per 26. Do you plan on conducting bingo with this license?If yes,give days and times of bingo occasions. Month or Bingo Occasion Day Time Day Time Day Time s UD Ves 0 No 27. Has the 510,000 fidelity bond required by Minnesota Statutes 349.20 been obtained? 28. Insurance Company Name(not agency name) 29. Bond Number Continental Insurance BND 135 5552 30. Lessor Name 31. Address 32. City.State,Zip 33. Gambling Manager Name 34. Address 35, City,State,Zip Locality Whttehead 24B Nicollet Ave. R1 North Man!-Ato. Mt 56 01 36. Gambling Manager Business Phone 37. Date gambling manager became 507 1 45-3450 member of organization: Month year 0 Yes 0 No 38. Has the license termination form been completed?Attach copy. D Yes 0 No 39. Has the compensation schedule been approved by the organization.?Attach copy. 40. List the day and time of the r ular meetiT42. of the organization Da 4th Monde of 1Time 9:00 a.m. 41. Bank Name Bank Address 43. Bank Account Number GAMBLING SITE AUTHORIZATION By my signature below,local law enforcement officers or agents of the Board are hereby authorized to enter upon the site at any time gambling is being conducted to observe the gambling and to enforce the law for any unauthorized game or practice. BANK RECORDS AUTHORIZATION By my signature below,the Board is hereby authorized to inspect the bank records of the gambling bank account whenever necessary to fulfill requirements of current gambling rules and law. I hereby declare that: OATH 1. I have read this application and all information submitted to the Board; 2. All information submitted is true,accurate and complete: 3. All other required information has been fully disclosed; 4. 1 am the chief executive officer of the organization; S. I assume full responsibility for the fair and lawful operation of all activities to be conducted; 6. 1 will familiarize myself with the laws of the State of Minnesota respecting gambling and rules of the Board and agree, if licensed,to abide by those laws and rules,including amendments thereto; 7. Membership list of the organization will be available within seven days after it is requested by the board. 44. Official,Legal Name of Organization 45. Signatur. ( t benign Ch Executive Officer) Pheasant's Preaervation, Inc. X Title of Signer Date. / Chief Executive Officer Trustee ✓ 9- /,3 ' 8c( ' ACKNOWLEDGEMENT OF NOTICE BY LOCAL GOVERNING BODY I hereby acknowledge receipt of a copy of this application. By acknowledging receipt. 1 admit having been served with notice that this application will be reviewed by the Charitable Gambling Control Board and if approved by the board,will become effective 60 days from the date of receipt(noted below)unless a resolution of the local governing body is passed which specifically disallows such activity and a copy of that resolution is received by the Charitable Gambling Control Board within 60 days of the below noted date. 46. Name of City or County(Local Governing Body) If site is located within a township,item 47 must be completed, _ in addition to the county signature.If township is not organized, % r i / county must sign. Signature of person receiving application 47. Name of Township X Title Date received(60 day period Signature of person receiving application {.... - begins from this date X 48. Name 5-wwn liveringhpplication to Local Governing Body Title [ cG-0001-03 (3/89) White Copy-Board Canary-Applicant Pink-Local Governing Body Page 2 of 2 79) MEMO TO: Dennis Kraft, city Administrator FROM: Douglas K. Wise, City Planner RE: Renaming of a portion of Heritage Drive DATE: October 12, 1989 INTRODUCTION• As a condition of approval of Heritage Place 2nd Addition, the City required the developer to petition the district court to rename a portion of Heritage Drive in Heritage Place 1st Addition. Heritage Development has sent a letter to the City indicating that to accomplish this via the District Court would be very difficult. (See attached letter. ) Staff has contacted the City Attorney, and he has determined that the City can rename the street segment by ordinance. BACKGROUND: On September 19, 1989, the City Council approved the final plat for Heritage Place 2nd Addition. The resolution approving the final plat contained a condition which reads, " The developer shall file a petition with the District Court to rename Heritage Drive from Lot 2, Block 2 and Lot 2, Block 4 of Heritage Place 1st Addition south to the northern boundary of Heritage Place 2nd Addition to Sapphire Lane.'- This ane."This condition was initiated on a recommendation by staff that the street be renamed to avoid having two north-south streets with the same name (Heritage Drive. ) Heritage Drive would have formed a horseshoe with two north-south segments parallel to each other having the same name had this change not occurred. (See attached drawing. ) At the time, the City Attorney indicated that in order to change the name of Heritage Drive in the 1st Addition, the developer would have to petition the District Court for this name change. This was due to the fact that the plat had already been recorded with the county. The developer has found that a great deal of legal work is required in order to accomplish this name change through the District Court. In addition, if any of the existing property owners on the street oppose the renaming, the court would not rule in favor of granting the name change. The developer contacted the City and asked if we could research whether there is an easier way to accomplish the same end. The City Attorney, after further research, determined that the City could change the name of the street by adopting an ordinance. The city attorney has indicated that a public hearing is not required for adoption of the ordinance, however, the option of holding a public hearing is available to the City Council ALTERNATIVES• 1. The City Council can amend the resolution approving the final plat for Heritage Place 2nd Addition, deleting the condition requiring the developer to petition for the name change. 1 ¢ Following this action the City can initiate an ordinance changing the name of the street. 2. The City Council can leave the resolution as is, and direct the developer to continue pursuing the name change through the District Court. STAFF RECOMMENDATION: Staff recommends Alternative #1. Since the 1st Addition was approved and filed, and this was not addressed by staff at that time, staff feels that this is a reasonable and fair way to address the name change. ACTION REQUESTED: 1. Offer Resolution #3138, A Resolution Amending Resolution #3117, Approving the Final Plat of Heritage Place 2nd Addition, and move its adoption. 2. Direct the City Attorney to prepare an ordinance changing the name of Heritage Drive from Lot 2, Block 2 and Lot 2, Block 4 of Heritage Place 1st Addition south to the norhtern boundary of Heritage Place 2nd Addition to Sapphire Lane. If the Council wishes, this motion can be expanded to direct the City staff to set a public hearing on the proposed name change for the street and that property owners on the street be notified of the hearing. RESOLUTION NO. 3138 A Resolution Amending Resolution No. 3117 Approving the Final Plat of Heritage Place 2nd Addition WHEREAS, the City Council on September 19, 1989 approved Resolution No. 3117, approving the final plat of Heritage Place 2nd Addition; and WHEREAS, Resolution No. 3117 contains a condition #9 which reads: " The developer shall file a petition with the District Court to rename Heritage Drive from Lot 2, Block 2 and Lot 2, Block 4 of Heritage Place 1st Addition south to the northern boundary of Heritage Place 2nd Addition to Sapphire Lane;" and WHEREAS, the City Council has determined that the above condition can be better accomplished through the approval of an ordinance by the City of Shakopee. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota that Resolution No. 3117 approving the final plat of Heritage Place 2nd Addition is hereby amended by deleting Condition #9 which reads: " The developer shall file a petition with the District Court to rename Heritage Drive from Lot 2, Block 2 and Lot 2, Block 4 of Heritage Place 1st Addition south to the northern boundary of Heritage Place 2nd Addition to Sapphire Lane. " Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1989. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this _ day of 1989. City Attorney HERITAGE DEVELOPMENT OCTI 21981 October 9, 1989 y1 TY OF SHAKOPEg Mr. Doug Wise Shakopee City Planner 129 Hast First Avenue Shakopee, MN 55379 Dear Doug: This letter is in regards to one of the conditions of approval for Heritage Place Second Addition. Specifically, the condition whereby the developer petitions the district court to change the street name of a portion of the street in Heritage Place first addition. At the time the resolution was passed by the City Council, I was not aware of the details that would have to be undertaken on behalf of Heritage Development. The details were recently brought to our attention by direction of the City's attorney. In brief, the following is a description of the details that would be undertaken by Heritage to properly facilitate this re- quirement: -Have a title company prepare an owners and encumberance report of all home owners effected by the street renaming. -Name those home owners as defendants it- this petition that is to be brought to the district court, which will require the signature of each individual. These undertakings are costly in the research time and reporting of each property owner by the title company and Heritage's attorney time in the review and preparation of all neccessary documents to be filed with the district court as well as the time neccessary by Heritage to have each individual sign the petition. 420 East County Road D St. Paul, MN 55117 (612) 461-0017 - Notwithstanding any of the aforementioned, it could be as long as 3 months to complete this court action, if we attain the co- operation of all home owners. If one home owner refuses to cooperate, Heritage could then be in a situation of trying to persuade the individual(s) to cooperate in this matter, on a daily basis. In light of what is required to accomplish this task, it would seem that a public hearing and City Council action would be a more effective and less costly solution, to what could be a potentially time consuming effort and on going problem for Heritage Development, in what really seems to be a city issue. Sincerely, David Heller Heritage Development 2 5 G R. 22 I < 1 29 H 4 3 6 a 9 4 5 10 15 18 1 I �UJPJY 5 1 A E 12 Ic u► l � y � : U) a � i Lu; a -_ VI�R�iN � 'pR1�lE ST"RfET SEGrMt� l r CONSENT R F C E t ,; ; 7 October 9, 1989 DCT1 iM Council members; -CITYOFSRAKOPE4 I would like to make a request regarding the possiblity of a four-way stop sign situated at the intersection of 10th Avenue and Harrison Street on the west side of Shakopee. This is becoming a very dangerous intersection. I have seen the results of two accidents this year and I'm sure if you checked with the Shakopee Police Department, they would have some statistics for you. Coming from south Harrison Street onto 10th Avenue is a hazard because of the angle of curve on 10th Avenue just to the west of Harrison Street. There is a house located on that corner with a driveway onto 10th Avenue which is hard to see around, not just because of vehicles parked in the driveway and on the street in front of the house. Many cars are going quite fast around that corner, not expecting anyone to be coming off of Harrison Street without seeing them. Also, because the sun sets right over 10th Avenue, anyone looking in that direction can be blinded by the sun. Coming from north Harrison Street onto 10th Avenue is not as hazardous, although it can be very difficult to cross the street because of the number of vehicles driving straight through on 10th Avenue. Also, the vehicles crossing 10th Avenue from north to south on Harrison Street are numerous creating what I feel is a throughway of sorts from 6th Avenue up to the area of 12th Avenue and Tyler and Polk Streets. This also makes it difficult for children and other pedestrians to cross at that point. Please consider installing a four-way stop sign on that intersection. I feel it would be very beneficial to the residents in this area and the many drivers coming into Shakopee via Highway 1.69 or those visiting the Shakopee Valley Mall. ACTION REQUESTED : Debbie and Bill Heyda Refer to the City Engineer for a detailed 1038 Harrison Street traffic study to determine if a 4-way stop is warranted. Shakopee, MN l � MEMO TO: Dennis Kraft, City Administrator FROM: Douglas K. Wise, City Planner RE: Meadows 3rd Addition (Replat of portion of Meadows 2nd Addition) DATE: October 11, 1989 INTRODUCTION• Recently the final plat for Meadows 2nd Addition was approved by the City and filed with the County Recorders Office. After filing of the plat with the County Recorders Office a technical error was discovered on the plat which necessitates the replatting of the lots abutting Vierling Drive. BACKGROUND: The City Council recently approved the final plat for the Meadows 2nd Addition and the plat was recorded with the County. One of the conditions of approval for the plat was that direct access would not be allowed to lots abutting Vierling Drive. As is the case with previous plats approved with a similar condition, the plat was drawn showing a triangle and dashed line connecting the triangles (see attached drawing) to indicate donation of the access rights. The Meadows 2nd Addition plat contains a typographical error which states that this symbol denotes access rights denoted instead of donated. In addition, the County surveyor has indicated that he does not agree with the use of the symbol as shown on the plat. In the past, the same symbol has been used on plats and the County did not indicate previously that it had a problem with the symbol. However, since the County has indicated that presently they have a concern with the symbol the City is recommending that the access rights be donated by separate agreement rather than shown on the plat. The plat for Meadows 2nd Addition was submitted to the County, and the County proceeded to record the plat. Following the recording of the plat, the County discovered the technical error relating to the donation of access rights to Vierling Drive and required that the plat be changed in order to conform with the County's regulations and to correct this error. There is no change in the size or location of lots from the approved Meadows 2nd Addition. The new plat will be recorded as Meadows 3rd Addition, and the Planning Commission is recommending that the same conditions apply to this addition as were put on the Meadows 2nd Addition. A copy of the final plat drawing for the new Meadows 3rd Addition is included in the packet. City Council Page -2- RECOMMENDATION• At their October 5, 1989 meeting, the Planning Commission passed a motion recommending to the City Council approval of the Meadows 3rd Addition subject to the following conditions: 1. No building permits will be issued to outlots within this plat until they are replatted. 2. Execution of a developers agreement for construction of required improvements: a. Street lighting to be installed in accordance with the requirements of the SPUC Manager. b. Water system to be installed in accordance with the requirements of the SPDC Manager. C. Sanitary sewer and storm sewer to be installed in accordance with the requirements of the standard design criteria and standard specifications of the City of Shakopee. d. Local streets and street signs within the plat shall be constructed in accordance with the requirements of the design criteria and standard specifications of the City of Shakopee. e. The developer agrees to either construct Vierling Drive or petition the City for construction of Vierling Drive within the plat. The developer shall pay for Vierling Drive equivalent to the cost for constructing a 36 foot residential street. f. A sidewalk along Vierling Drive to be constructed in accordance with the design criteria and standard specifications of the City of Shakopee. g. There will be no park dedication requirements for this plat because the park dedication requirements for these lots were covered under the developers agreement for Meadows 2nd Addition. 3. Approval of a title opinion by the city Attorney. 4. The developer shall provide a recordable agreement stating that not more than 10% of the plat within the R-2 zone will be developed into twin homes. 5. No direct accesses from individual lots will be allowed to Vierling Drive. . . q r✓ City Council Page -3- 6. A mutual agreement by the developer, fee owner and the City for a north/south sewer easement be given to the City, as requested by MN/DOT for the by-pass. Said easement agreement shall be executed prior to December 31, 1990. ACTION REODESTED: Offer and pass resolution #3135 approving the final plat for Meadows 3rd Addition. RESOLUTION NO. 3135 A Resolution Approving the Final Plat of the Meadows 3rd Addition WHEREAS, the Planning Commission of the City of Shakopee did approve the Final Plat of Meadows 3rd Addition on October 5, 1989, and has recommended its adoption; and WHEREAS, all notices of hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS, the City Council has been fully advised in all things. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota, that the Final Plat of the Meadows 3rd Addition, described as follows: Lot 1 and Lot 14, Block 1, and Lots 2, 4, and 5, Block 2, and Lot 8, Block 3, all in THE MEADOWS 2ND ADDITION, as platted and of record in the office of the County Recorder, Scott County, Minnesota. be, and the same hereby is approved and adopted with the requirements that: 1. No building permits will be issued to outlots within this plat until they are replatted. 2. Execution of a developers agreement for construction of required improvements: a. Street lighting to be installed in accordance with the requirements of the SPUC Manager. b. Water system to be installed in accordance with the requirements of the SPUC Manager. C. Sanitary sewer and storm sewer to be installed in accordance with the requirements of the standard design criteria and standard specifications of the City of Shakopee. d. Local streets and street signs within the plat shall be constructed in accordance with the requirements of the design criteria and standard specifications of the City of Shakopee. e. The developer agrees to either construct Vierling Drive or petition the City for construction of Vierling Drive within the plat. The developer shall pay for Vierling LT a' residential street. f. A sidewalk along Vierling Drive to be constructed in accordance with the design criteria and standard specifications of the City of Shakopee. g. There will be no park dedication requirements for this plat because the park dedication requirements for these lots were covered under the developers agreement for Meadows 2nd Addition. 3. Approval of a title opinion by the city Attorney. 4. The developer shall provide a recordable agreement stating that not more than 10% of the plat within the R-2 zone will be developed into twin homes. 5. No direct accesses from individual lots will be allowed to Vierling Drive. 6. A mutual agreement by the developer, fee owner and the City for a north/south sewer easement be given to the City, as requested by MN/DOT for the by-pass. Said easement agreement shall be executed prior to December 31, 1990. BE IT FURTHER RESOLVED, that the Mayor and City Clerk and the same hereby authorized and directed to execute said approved Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1989. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1989. City Attorney ydI- tfl� v �- BEI e� yy � fa 3F! +1 S[:�? ; •Tga" °j Q [ ala ii �IlE� 9 ']� •E _ �� O Clivi tIRalf a RIF �Y It 1101, a 4 a�e�] .I ] ! •, -. iC� s.K a w� a i 4!i= zc 1 I P •� � . ]' ' a •�a - I • f ! Ni .. . u rosro .8 T THE MEADOWS 2ND ADDITION 1.i115.R1t ..r•�H y>r•• xo krk I ..n• 1Pfr� err � n.. ..- s'.. - e � .v nA .Rqt �'9.$ �. my •3 r v>•vu .� v • n,an .. v8 I2 g • ., • � - 10 P : a 13 e' a�,, a• e Z H - •Y� ...•u». �'�i 14 is > - zx L NE MP1CN a 9'b MEMO TO: Dennis Kraft, City Administrator FROM: Douglas K. Wise RE: Air Quality in the River Valley Area DATE: October 11, 1989 INTRODUCTION• At the last couple of meetings, the Planning Commission discussed their concerns about the accumulative effect of industry and vehicle traffic on air quality in the Minnesota River Valley Area. After discussion, the Planning Commission directed City staff to investigate whether a detailed study of air quality could be undertaken by the Pollution Control Agency. At their October 5, 1989 meeting, the Planning Commission passed a motion recommending to the City Council that the city request the Pollution Control Agency undertake a study of the air quality in the Minnesota River Valley Area. BACKGROUND: Recently the Planning Commission issued a Conditional Use Permit to Hardrives, Inc. for an asphalt plant to be located on the J.L. Shiely property near East Hwy 101. After approving the Conditional Use Permit for the asphalt plant, the Planning Commission expressed concerns about the accumulative effects on air quality of adding an additional smoke stack to the already existing smoke stacks and vehicle traffic in the area. The Planning Commission directed staff to investigate whether any existing air quality studies have been taken in the area and whether the city could request that further studies be done. The planning staff discussed the issue with staff at the Pollution Control Agency (PCA) . The PCA staff said that no studies have been done on the air quality in the Minnesota River Valley area with the exception of a carbon monoxide study done in 1983 in preparation for the racetrack development. The PCA staff also indicated that if the City requested that an air quality study be done in the river valley, the PCA probably would not approve undertaking such a study. The PCA staff indicated the agency does not have sufficient monitoring equipment or staff to undertake any additional air quality studies at this time. The PCA staff indicated that if the City felt it necessary to undertake an air quality study it could contract privately with a consultant to do the study and the PCA would advise the City and the consultant on how to undertake the study. If a study were done, air monitoring equipment would be placed at different locations in the valley, and the study should be conducted for a full year because of the seasonal changes in the valley. If the City were to undertake this study on its own, the City of course would be responsible for the entire cost of the study. The PCA staff also indicated that different monitoring equipment would have to be installed to monitor different City Council Page -2- pollutants in the air. Monitoring equipment would only measure the level of certain pollutants. The equipment does not have the capability to measure the inter-relationship of pollutants or their effects when combined together. The PCA staff also indicated that the pollutants emanating from industrial stacks is different from the pollutants that emanate from vehicle traffic and, therefore, a relationship between the two cannot be determined. The planning staff presented this information to the Planning Commission along with a recommendation that the City not take any further action at this time. The staff felt that since the PCA strongly indicated to staff that they would not do the study, it was not worth the effort to go through the motions of making the request. After discussing the information provided by staff, the Planning Commission passed a motion recommending that the City request the study. The Planning Commission felt that the City should request the study and let the PCA respond in writing. ALTERNATIVES• 1. The City Council can pass a motion requesting the Pollution Control Agency undertake a study of air quality in Minnesota River Valley Area. 2. The City Council can request the Pollution Control Agency undertake a study of air quality in the Minnesota River Valley, and if the Pollution Control Agency refuses, the City can proceed by contracting with a consultant to undertake the study. 3. The City Council can take no action on this issue at this time. PLANNING COMMISSION RECOMMENDATION: At their October 5, 1989 meeting, the Planning Commission passed a motion recommending the City request the Pollution Control Agency conduct a study of air quality in the Minnesota River Valley Area (Alternative #1. ) STAFF RECOMMENDATION: The staff recommends Alternative #3. If the PCA will not conduct the study, the City should not expend funds to hire a consultant to monitor air quality and prepare a study. ACTION REQUESTED: Offer and pass a motion as outlined in Alternative 1, 2, or 3 listed above. MEMO TO: Dennis Kraft, City Administrator 9L FROM: Dave Hutton, City Engineer D✓'ems SUBJECT: T.H. 101 Right-of-Way by Valleyfair DATE: October 11 , 1989 INTRODUCTION: Planning Commission has discussed this issue and would like to make a recommendation to the City Council. BACKGROUND: On October 3 , 1989 the City Council discussed the proposal by the State Department of Transportation to convey approximately 110 feet of the right-of-way for T.H. 101 back to Valleyfair. The State is asking whether or not the City of Shakopee has any interest in this reconveyance. After some discussion the City Council referred this item back to the Planning Commission for their review and comment. On October 4 , 1989 the Planning Commission discussed this issue at length. Attached is a copy of staff' s October 4 , 1989 memo to the Planning Commission providing additional background information. The Planning Commission did discuss this issue and has determined that the request is not in conflict with our Comprehensive Plan and recommends that the City Council approve of the request. During the discussion, members of the Planning Commission gave the following reasons for this action: 1 . Because the entire length between Valley Park Drive and C. R. 83 is essentially owned by one property owner on the north side of T.H. 101 , namely Valleyfair, the Planning Commission felt there was very little chance of a frontage road being needed along this stretch. 2. Valleyfair currently has three or four existing driveways off T.H. 101 and since frontage roads are normally installed to alleviate additional excesses, there would be no need for a frontage road along this stretch to connect the existing driveways. 3 . If at some future date the property was subdivided and a frontage road was needed , the City could acquire any additional right-of-way needed for the frontage road as a condition of the development approval. 4 . The existing Mn/DOT right-of-way is unusually large and since the County' s right-of-way requirements would be somewhat smaller, the Planning Commission did not feel any need to maintain this additional right-of-way. Based on the above comment , the Planning Commission is recommending that the City Council inform the State Department of Transportation that the City of Shakopee has no interest in the conveyance of a portion of T. H. 101 right-of-way to Valleyfair. ALTERNATIVES: 1 . Inform the State Department of Transportation that the City of Shakopee has no interest in this property and does not oppose a conveyance of a portion of the right-of-way to Valleyfair. 2. Inform the State Department of Transportation that the City of Shakopee does not feel a reconveyance of this right-of- way to Valleyfair is in the best interest of the City at this time due to the uncertainty regarding the need for a future frontage road. 3 . Direct staff to research additional concerns of the Council . STAFF RECOMMENDATION: Staff agrees with the Planning Commission and recommends Alternative No. 1 . ACTION REQUESTED: Move to direct the appropriate City staff to submit a response to the State Department of Transportation indicating that the City of Shakopee does not oppose the reconveyance of a portion of T.H. 101 right-of-way to Valleyfair. DH/pmp ROW MEMO TO: Planning Commission FROM: Dave Hutton, City Engineer SUBJECT: Trunk Highway 101 Right-of-Way by Valleyfair DATE: October 4 , 1989 INTRODUCTION: Staff has received a letter from the Minnesota Department of Transportation requesting City of Shakopee's comments regarding the conveyance of a portion of the Trunk Highway 101 right-of-way to Valleyfair. The City Council discussed this issue on October 3 , 1989 but per State Statute 462 .356 Subdivision 2 which requires Planning Commission's action to determine if this request conforms to our Comprehensive Plan , the Council directed staff to submit this request to the Planning Commission for review and comment. BACKGROUND: The existing right-of-way on T . H . 101 is 400 feet wide . Eventually when the new Shakopee Bypass is constructed , this highway will be turned back to the County or the City , probably the County. At the request of Valleyfair , the State is now considering conveying the north 110 feet of this right-of-way back to them. By doing this , there would still be approximately 75 feet of right-of-way remaining north of the centerline of the westbound lanes. Attached is a map showing the area to be conveyed . Since this highway is located within the City of Shakopee, Mn/DOT is inquiring as to whether or not we have any interest in this property. Staff feels that the only reason this existing right-of-way would ever be needed would be to construct a frontage road along the Valleyfair property . If no frontage road is constructed , the right-of-way in question is not needed . Currently , there are no immediate plans to construct any frontage road along this portion of Highway 101 . Valleyfair is the only property owner located on this stretch between their entrance driveway and County Road 83 • The City would probably only construct such a frontage road at the request of the property owner , Valleyfair . Valleyfair has initiated this reconveyance by Mn/DOT. Valleyfair currently feels that the existing width of the right-of-way is extremely large and unnecessary . They also have long range plans to construct a train around the perimeter of the amusement park and would therefore utilize part of this land . The other point that should be mentioned is once the State turns this road back to the County, chances are the County is not going to want or need the amount of right-of-way that is dedicated for T . H . 101 . The County ' s right-of-way requirements are substantially less than the State' s and they would undoubtedly reduce the right-of-way along the entire stretch of Highway 101 at the time it is conveyed to them. The highway is actually on an easement. The State of Minnesota has indicated that a negative response by the City would probably result in stopping this reconveyance. The City Council's position is that while there are no immediate plans to construct a frontage road along this highway , the fact that there is an uncertainty regarding any frontage road means that the City should indicate to MN/DOT that at this time we do not feel a reconveyance of this right-of-way to Valleyfair is in the best interest of the City . The Planning Commission should discuss this issue and make a recommendation back to City Council . The current Comprehensive Plan does not indicate a frontage is needed along T.H. 101 . ACTION REQUESTED: Discuss the reconveyance of a portion of T.H. 101 to Valleyfair to determine if the City has any interest in this property and direct the appropriate City staff to respond back to City Council . r C �1 r (� z v1LLEY a RRE \ 0\11!fsoTy Minnesota Department of Transportation to Metropolitan District � Transportation Building Tl' � St. Paul, Minnesota 55155 OF Tai Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota 55128 Golden Valley Office, 2055 North Lilac Drive, Golden Valley, Minnesota 55422 Reply to Telephone No. 591-4645 September 19, 1989 Mr. Dave Hutton City of Shakopee 129 East 1St Avenue Shakopee, MN 55379 Re: S.P. 7005 (T.H. 101) At Valleyfair Reconveyance Dear Mr. Hutton: The Barr Engineering Company requested a reconveyance of certain property on behalf of Valleyfair. This property is located on the northerly side of T.H. 101 and runs parallel to the southerly side of the Valleyfair property. The reconveyance request encompasses approximately 12.88 acres and the dimensions are 110 feet by 5,100 feet. Please advise this office as soon as possible whether the City has any interest in this property. Sincerely, �;'� g 7y� E. R. Howe District Right of Way Engineer Enclosure: Right of Way Map MmVNE50TA 1990 An Equal Opportunity Employer /0cv MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Administrative Assistant and Steve Hurley, MIS Coordinator RE: Unbudgeted 1989 Capital Expenditure Requests: FAX Machine and Computer Network Hardware DATE: October 10, 1989 INTRODUCTION• In an effort to improve organization efficiency and reduce operating costs, staff is recommending that the City Council authorize unbudgeted expenditures for a FAX machine in the amount of $1,200.00 and computer hardware in the amount of $1,634.00. BACKGROUND: 1. FAX Machine Over the past six months, we have had on many occasions requests from persons whom we are dealing with to FAX messages to our office. Likewise, we have had numerous occasions when we were in need of immediately forwarding a message to a destination point outside of the city limits. In the past, the City of Shakopee has utilized courier services or overnight mail to deliver urgent messages and documents. We have also utilized FAX machines at several locations throughout the community. With the improved technology in transferring written documents over a telephone line, we have seen a tremendous increase in the use of FAX machines in day to day operations. A day does not go by when we could have used a FAX machine. The problem of not having a FAX machine creates a situation in which we incur increased costs for delivering the message by mail, overnight express or special delivery. We also lose the advantage of timeliness in response. During the month of September, we incurred over $100.00 in expenses for FAXing messages and receiving FAXed messages. Additionally, we incurred over $50.00 in expenses for courier service and mailing costs that could have otherwise been eliminated if we had our own FAX machine. The acquisition of a FAX machine was not included in the 1989 Budget. However, due to the large number of requests that we are receiving from persons who want to FAX messages to our office and also our own need to FAX messages outside of the city limits of Shakopee, staff is requesting City Council to consider authorizing a $1,200 appropriation from the contingency fund to acquire a FAX machine at this time. Staff believes that the acquisition of a FAX machine will ultimately save the City of Shakopee money and time in the long run. We 16 a- project that the pay back period from savings as a result of the FAX machine will be less than 12 months. Shown in attachment #1 is a copy of the machine we are considering. In our evaluation to pursue acquisition of a FAX machine staff considered acquiring a FAX Board as an alternative. A FAX Board does offer some advantages over a FAX machine. The cost of a FAX Board is approximately $400 less than a stand alone FAX. However, after a review of the pros and cons of each machine, staff is recommending that we proceed with a stand alone FAX. Shown in attachment #2 is a listing of the pros and cons of a stand alone FAX machine as compared to a FAX Board. Staff's recommendation is in accordance with the general consensus of the Computer Committee when they reviewed this issue last year. 2. Hard Drive Equipment In July of this year the City of Shakopee acquired a new file server for use in City Hall. The file server serves as the information bank and main frame for the computer in City Hall. The original plan for upgrading. the City Hall computer system was to replace our existing file server with the new file server. The existing file server could then be utilized as a work station. The problem that we are experiencing in installing the new file server stems from the fact that the internal disk drive of the new file server is not compatible with the exterior disk drive of our current file server. It was our original intent to combine the disk drive of our new file server with the external disk drive of our current file server in an effort to maintain our present storage capacity. In a nut shell, the problem is that the disk drives of our new file server and external disk drive of our present file server are not compatible. In order to resolve the problem staff is recommending that the City purchase a new 200 megabyte hard drive. This new hard drive would operate in conjunction with our existing 80 megabyte drive in the new file server. Pursuing this course of action would achieve the following: 1. maintain our existing storage capacity. 2. Allow us to utilize the upgraded network software. 3. Provide us with a new workstation as a result of eliminating our present file server and activating our new file server. The approximate cost estimate received for upgrading the system in accordance with staff's recommendation is approximately $1,650.00. IbQ- The Computer Committee has not had the opportunity to review staff's recommended course of action. However, we have not been able to identify any other alternative course of action for a comparable price. Therefore, we have not chosen to burden the Computer Committee with the problem since the alternatives are more costly for the same end result. Staff is therefore recommending that the City Council consider authorizing a expenditure from the contingency fund in the amount of $1,650.00 for computer hardware to activate the new file server. ALTERNATIVES- FAX Machine 1. Authorize a one time expenditure from the contingency fund in the amount of $1,200.00 to purchase a FAX machine. 2. Do not allocate $1,200.00 from the contingency fund at this time to acquire a FAX machine. 3. Budget the acquisition of a FAX machine in the 1990 Budget. 4 . Table action pending further information from staff. 5. Do not acquire or budget the acquisition of a FAX machine. Hardware for the New File Server 1. Authorize a $1650.00 expenditure from the contingency fund for the acquisition of computer hardware to activate the new file server. 2. Do not pursue acquisition of computer hardware to activate the new file server at this time. 3. Include funds in the 1990 Budget for the acquisition of computer hardware equipment to activate the new file server. 4. Table action pending further information from staff. STAFF RECOMMENDATION: FAX Machine Staff recommends alternative #1. Computer Hardware Staff recommends alternative #1. �D w ACTION REQUESTED: FAX Machine Move to authorize the appropriate City officials to acquire a FAX machine in an amount not to exceed $1,200.00 allocated from the contingency fund. Computer Hardware Move to authorize the appropriate City officials to acquire the necessary computer hardware to activate the new file server at a cost not to exceed $1650.00 appropriated from the contingency fund. i �Yi4+✓1'#� F -51 G3, G2 compatible facsimi ' i u u p w � J a Memory transmission with broadcasting s Substitute memory reception a Automatic cutter a 32 each fax/phone autodialing numbers a Auto fax/phone changeover Broadcasting made affordable in a compact package with advanced phone sharing features. FO-510 G3, G2 compatible facsimile Memory transmission with broadcasting Other Features Up to 13 pages of average content can be scanned and stored in a 18 sec.transmission speed memory,returning the originals quickly to the operator.The Is Automatic cutter FO-510 then completes the transmission either immediately or Is 10-page automatic feeder later—using one of 3 timers available.Each document can be sent Is Halftone&auto-contrast controls to a maximum of 32 different locations. Is Batch page numbering/count check Substitute reception Is Activity&transaction reports _ The memory of the FO-510 also pedes back-up reception when Is Telephone number listing paper runs out or a jam occurs.Documents automaticalfy print-out Is 1 group&2 program keys later when paper is added or the jam cleared. Is Copy function Aumdialer with separate fax/voice number banks a Simple,turnaround&serial polling The built-in autodialer stores up to 32 numbers for fax and another a Mre i0n Is Monitorr speaker 32 numbers for voice calls.Up to 12 of each type can be dialed with Monitor w/on-hook tiling the touch of a key.The remaining 20 of each are retrieved with •Hold&retial keys 2 t codes.For each one-touch fax number,a secondary number •Transmit terminal imprint - •Remote terminal IDD readout cann ala so be stored that is called automatically if the primary number a Separateoriginal© exit treys is busy.If the alternate number is busy well, Answering ,the FO-510 can be Mswersng machine hook-up programmedprogrammedprogmed to retial the main number either either 2 or 5 times again at 1 or 5 nine intervals. Specifications Automatic cover sheet Applicable line Pubid switched telephone network The FO-510 can be programmed to automatically generate a cover Type Desktoptype sheet as the last page of each transmission.Indicated on the cover sheet is the date.time,receiving unit's number and ID(if a program- Comd,ssionsrheme MB and Shards spend med a.todialer number is used),the 170-510's number and fl)name Memory size 2%KB(.Pp...B pages') (if progr'mruned),and total number of pages sent. Transmission time 18 aecond?(Shads High Speed mode) Automatic fax/phone changeover Transmission speed 9,60017.200/4,800/2.400 bps with automatic This special switch enables convedent sharing of one phone line hllback with incoming fax and voice calls.If a fax tone is detected,rerep- Resolution Hodmraal:203 petwind,(8 pelslmm) tion starts automatically.Otherwise,the FO-510 will ring again for 'Astid:196lbrcs(aoh(7.7 tinealmm)(FINE) approximately 15 seconds—signaling Pick-up.Afterwards,the 98 k shah(3851ineslmm) FO-510 itself issues a fax tone m allow manual transmission from - (STANDARD) the calling location. Max.transmitting 8.50-(216mtN Extension phone transfer document width An extension phone lire can be connected to the FO-510 to allow Max.srmningwidth 8.27'(210mm) pick-up of a call at another touch-tone telephone.By entering a Max.recotdine width 8.27'(21(hmm) pmguamud code on the phone.the operator can transfer the call phPe`-m8sise 850•(Zrimm)(µ0z98A3'(30W(U to the FO-510 if necessary and start automatic reception. Operation temperature 41"1`-95°F(5'C-350C Confidential transmission and reception OPemtiun humidity 30-8591R11(wahooDmuensatiou) Instead of having copies printed immediately at the receiving end, Dimensions 12.91'(1)x 11.14'(➢)x 4.84'0h the FO-510 can direct copies into the memory of a Sharp unit with (main body only) I32 .raw)x 28 mull)x 123mm(H)l confuldmial reception capability.Likewise,the FO-510 can receive PEigM Appoo 123 ft (56 kg) copies in memory when instructed.requiring a passcode entry for print-out Prover requirement AC I«al voltage Relay broadcast request Power ronsumpdon 150W moi.),18W(standby) The FO-510 can act as an originating unit that instructs an inter- 'easm on cin win awn x t u sarwmd resomtonin stere spacal mode. mediate Sharp unit with relay broadcast capability,to send the same document to as many as 134 other machines.'Substantial savings on Phone line costs can result if the intermediate unit is closer to the end-receiving locations. -IM oom.,,F0 ".141 m.winl FD-8o0. Desgnand specdrations swEjettmcM1ange witMuc notice. SHARP "°°b, SHARP ELECTRONICS CORPORATION $nary Pdn,u0-so NM Jerse/n)0. I2 UsA. PI ofi Imtl sAaNa SHARP CORPORATION osAxA,uAPAw ...D SS:t .ET 0S TELEx to eT Ad JE%ID ©SHARP CORP.('89 MAY PROD.)F5E FAX Stand-Alone FAX Advantages: 1. Portability. 2. Limited training needed. 3 . Fax would be free to use anytime, unlike a PC with a fax board. 4. To send a document that exists only in a computer file it is necessary only to print a hard copy then load it in the fax machine. Disadvantages: 1. It may be necessary to copy fax thermal copies to something more permanent. 2. Cost may be more than a fax board. FAX Board Advantages: 1. Can transmit from computer file or hard copy (with scanner) . 2 . Can print received documents on laser printer. 3 . Usually lower cost than stand-alone fax. Disadvantages: 1. Need trained operator. 2 . Sending documents is limited to the PC with the board. (It would be necessary to go to that PC or have the person who uses that computer send a document for you. ) 3 . Board must be compatible with the type of scanner we have. 4 . PC would have to be left on at all times (24 hours) to receive documents. 5. A scanned document would have to be corrected for errors at the very least before sending. It may also have to be converted to a particular file type. yob MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, City Engineer SUBJECT: Upper Valley Drainage Project Phase II Project No. 1987-5A DATE: October 9 , 1989 INTRODUCTION: Attached is Resolution No. 3132, Authorizing the City of Shakopee to enter into an Agreement with the Minnesota Department of Transportation for Phase II of the Upper Valley Drainage Project. BACKGROUND: Phase I of the Upper Valley Drainage Project is currently under construction. This portion of the project goes from 4th Avenue to just west of C . R . 17 . The Minnesota Department of Transportation is paying approximately 16 . 1% of this phase of the project based on the stormwater runoff contribution of the Shakopee Bypass. An agreement was executed between the City and Mn/DOT to cover the cost sharing. Phase II of the drainageway consists of that portion of the project from 4th Avenue to the Mill Pond, including the trout mitigation measures. The reason this phase was separated out from the rest of the project was because of the difficulty encountered in obtaining the DNR permits. Since the permits are now approved , construction can begin on this phase. Prior to bidding the project through, the City and Mn/DOT must execute an agreement to cover their cost sharing portion. Mn/DOT is paying approximately 14 .6% for this phase of the project. The project is estimated at $976,755 , so the Mn/DOT portion is around $142 ,606 .00 . Adding in engineering fees (8%) and contingency, the total amount that Mn/DOT is willing to pay is approximately $166 ,014. Attached is a copy of Cooperative Construction Agreement No. 66333 between Mn/DOT and the City to cover the cost participation for this project. If Council does not have any problems with the agreement, Resolution No. 3132 is attached authorizing the City of Shakopee to enter into such an agreement. Of the $976 ,755 total cost estimate for this phase of the project , $371 ,000 is for additional measures for mitigation associated with the trout stream. The DNR permit indicates that the City must construct the trout stream mitigation within 3 years of the date on the permit. It is proposed to construct the mitigation as part of this project in order to avoid potential delays to the Shakopee Bypass and to ensure the lowest possible bid prices. Council could choose to delete the mitigation portion of this project at this time and complete it towards the end of the 3 year period if desired . ALTERNATIVES: 1 . Adopt Resolution No. 3132• 2 . Deny Resolution No. 3132. RECONMENDATION: Staff recommends Alternative No. 1 . ACTION REQUESTED: 1 . Offer Resolution No. 3132, Authorizing the City of Shakopee to Enter into an Agreement with the Minnesota Department of Transportation for the Upper Valley Drainage, Project No. 1987-5A Phase II, from 4th Avenue to the Minnesota River (Mill Pond) and move its adoption. 2. Authorize the appropriate City officials to execute the agreement. DH/pmp AGREE RESOLUTION 3132 A Resolution Authorizing The City Of Shakopee To Enter Into An Agreement With The Minnesota Department Of Transportation For The Upper Valley Drainage, Project No. 1987-5A Phase II, From 4th Avenue To The Minnesota River (Mill Pond) WHEREAS, the City of Shakopee will be constructing the Upper Valley Drainage System, Project No. 1987-5A, Phase II from 4th Avenue to the Minnesota River; and WHEREAS, the drainageway is needed for the proper conveyance of storm water and to ensure the safety of Shakopee residents ; and WHEREAS, the drainageway will benefit the Minnesota Department of Transportation for the drainage of the proposed T.H. 101 (Shakopee Bypass) scheduled for construction from 1990 to 1993 • NOW, THEREFORE, BE IT RESOLVED that the City of Shakopee enter into Agreement No. 66333 with the State of Minnesota , Department of Transportation for the following purposes, to-wit: to provide for payment by the State to the City of the State' s share of the costs of the storm sewer construction and other associated construction to be performed adjacent to Trunk Highway No. 101 approximately one-quarter of a mile east of County State Aid Highway No. 17 (Marschall Road) within the corporate City limits in accordance with plans designated by the City as Upper Valley Drainage Project No. 1987-5A and by the State as State Project No. 7005-61 (T.H. 101=187 ) • BE IT FURTHER RESOLVED that the proper City Officers are hereby authorized and directed to execute such agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1989 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this 1989 day of City Attorney • �6 Q/ AGREEMENT STATE OF MINNESOTA AGREEMENT NO. SERVICES DEPARTMENT OF TRANSPORTATION SECTION COOPERATIVE CONSTRUCTION AGREEMENT 66333 S.P. 7005-61 (T.H. 101=187) State Funds Agreement between AMOUNT ENCUMBERED The State of Minnesota Department of Transportation, and $166,014.73 The City of Shakopee Re: State cost participation in storm sewer construction by the City AMOUNT adjacent to T.H. 101 approx. 1/4 of RECEIVABLE a mile east of C.S.A.H. 17 in Shakopee (None) THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of Shakopee, Minnesota, acting by and through its City Council, hereinafter referred to as the "City" . 66333 WITNESSETH: WHEREAS the City is about to perform storm sewer construction and other associated construction adjacent to Trunk Highway No. 101 approximately one-quarter of a mile east of County State Aid Highway No. 17 (Marschall Road) within the corporate City limits in accordance with City-prepared plans, specifications and special provisions therefor designated by the City as Upper Valley Drainage Project No. 1987-5A and by the State as State Project No. 7005-61 (T.H. 101=187) ; and WHEREAS the storm sewer construction will benefit the State in the drainage of the proposed Trunk Highway No. 101 (Shakopee Bypass) ; and WHEREAS the City has requested participation by the State in the costs of the storm sewer construction; and WHEREAS the State is willing to participate in the costs of the storm sewer construction as hereinafter set forth; and WHEREAS Minnesota Statute section 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. -2- zO 66333 IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I - CONSTRUCTION BY THE CITY Section A. Contract Award and Construction The City shall receive bids and award a construction contract to the lowest responsible bidder, subject to concurrence by the State in that award, in accordance with State-approved City plans, specifications and special provisions therefor designated by the City as Upper Valley Drainage Project No. 1967-5A and by the State as State Project No. 7005-61 (T.H. 101=167) . The contract construction shall be performed in accordance with State-approved City plans, specifications and special provisions which are on file in the office of the City's Engineer and in the office of the Commissioner of Transportation at St. Paul, Minnesota, and are made a part hereof by reference with the same force and effect as though fully set forth herein. Section B. Documents to be Furnished to the State The City shall, within 7 days of opening the bids for the construction contract, promptly submit to the State's Municipal Agreements Engineer a certified copy of the low bid and an abstract of all bids together with the City's request for concurrence by the State in the award of the construction -3- F/D 66333 contract. The City shall not award the construction contract until the State advises the City in writing of its concurrence therein. Section C. Cancellation of Agreement Each party to this agreement reserves the right to withdraw from and cancel this agreement within 30 days after the opening of bids if either party determines any or all bids to be unsatisfactory; the withdrawal from or cancellation of the agreement shall be accomplished by either party serving a written notice thereof upon the other. Section D. Direction Supervision and Inspection of Construction The contract construction shall be under the direction of the City and under the supervision of a registered professional engineer; however, the State cost participation construction covered under this agreement shall be open to inspection by the State's District Engineer at St. Paul or his authorized representatives. In addition, the City shall give the District Engineer five days notice of its intention to start the contract construction. -4- I o � 66333 The responsibility for the control of materials for the State cost participation construction covered under this agreement shall be on the City and its contractor and shall be carried out in accordance with Specifications No. 1601 through and including No. 1609 as set forth in the State's current "Standard Specifications for Construction" . Section E. Completion of Construction The City shall cause the contract construction to be started and completed in accordance with the time schedule in the construction contract special provisions . The completion date for the contract construction may be extended by an exchange of letters between the appropriate City official and the State's District Engineer for unavoidable delays encountered in the performance thereof. Section F Additional Constructionr Plan Changes, Etc. The State shall not participate in the cost of any contract construction that is in addition to the State cost participation construction covered under this agreement unless the necessary State funds have been encumbered prior to the performance of the additional contract construction and the terms and conditions in the following paragraph have been met. -5- p �O 66333 All changes in the plans, specifications and/or special provisions for the State cost participation construction covered under this agreement and all "Change Orders" and/or •Supplemental Agreements" entered into by the City and its contractor for State cost participation construction covered under this agreement must be approved in writing by the State's District Engineer before payment is made by the State therefor. Section G Compliance with Laws Ordinances and Regulations The City shall, in connection with the award and administration of the construction contract and the performance of the contract construction, comply and cause its contractor to comply with all Federal, State and Local laws, including Minnesota Statute section 16B. 101, and all applicable ordinances and regulations. Section H Right-of-Way Easements and Permits The City shall, without cost or expense to the State, obtain all rights-of-way, easements, construction permits and/or any other permits and sanctions that may be required in connection with the contract construction, and shall promptly furnish the State with certified copies of the documents for those rights-of-way, easements, construction permits and/or other permits and sanctions. -6- p ��0 ib 66333 ARTICLE II - BASIS OF PAYMENT BY THE STATE Section A. Construction Costs The State shall pay to the City, the costs of the "STATE COST PARTICIPATION CONSTRUCTION" described below. Payment by the State shall be based on final quantities of State cost participation construction performed or the plan quantity when appropriate multiplied by the unit prices contained in the construction contract and/or construction contract "Change Orders" or "Supplemental Agreements" approved by the State's District Engineer. A SCHEDULE "I" , which lists all anticipated State cost participation construction and construction engineering items covered under this agreement, is attached hereto and made a part hereof by reference. All liquidated damages assessed the City's contractor in connection with the construction contract shall result in a credit shared by the City and the State in the same proportion as their total construction cost share covered under this agreement is to the total contract construction cost without any deduction for liquidated damages. -7- b � 66333 STATE COST PARTICIPATION CONSTRUCTION All of the following construction to be performed adjacent to Trunk Highway No. 101 approximately one-quarter of a mile east of County State Aid Highway No. 17 (Marschall Road) within the corporate City limits under State Project No. 7005-61 (T.H. 101=187) . 14 .6 PERCENT shall be the State's rate of cost participation in all of the storm sewer construction and other associated construction which includes but is not limited to those construction items as described and tabulated on Sheets No. 2 and 3 of the attached SCHEDULE "I" . Section B. Construction Engineering Costs In addition, the State shall pay a construction engineering charge in an amount equal to 8 percent of the total cost of the State participation construction covered under this agreement. ARTICLE III - PAYMENT BY THE STATE Section A. Estimate and Advancement of the State's Cost Share It is estimated, for accounting purposes, that the State's share of the costs of the contract construction which includes the State 's share of the prorated item costs plus the 8 percent construction engineering cost share and a $12,000.00 contingency -8- 0 66333 amount is the sum of $166,014 . 73 as shown in the attached SCHEDULE "I ' . The attached SCHEDULE 'I" was prepared using estimated unit prices. Upon receipt and review of the construction contract bid documents described in Article I, Section B. of this agreement, the State shall then decide whether to concur in the City's award of the construction contract and, if so, prepare a revised SCHEDULE "I' based on construction contract unit prices. The contingency amount is provided to cover overruns of the plans estimated quantities of State cost participation construction and/or State-approved additional construction including construction engineering costs. The State shall advance to the City the State's total estimated cost share, less contingency amount, as shown in the revised SCHEDULE "I' after the following conditions have been met: 1. Encumbrance by the State of the State's total estimated cost share, including contingency amount, as shown in the revised SCHEDULE "I" . 2 . Execution of this agreement and the State's transmittal of same to the City along with a copy of the revised SCHEDULE "I" and a letter advising the City of the State's concurrence in the award of the construction contract. -9- 66333 3. Receipt by the State of a written request from the City for the advancement of funds . The request shall include certification by the City that the construction contract has been executed by all necessary parties. Whenever it appears the cost of the State participation construction covered under this agreement is about to exceed the current amount of encumbered State funds, the City shall notify the State 's District Engineer in writing prior to performance of the additional State cost participation construction. Notification shall include an estimate in the amount of additional funds necessary to complete the State cost participation construction including construction engineering costs and the reason(s) why the current amount encumbered will be exceeded. The State shall, upon its approval of the additional State cost participation construction, submit a request for encumbrance of the necessary additional funds to the Minnesota Department of Finance. That action will have the effect of amending this agreement so as to include the State's share of the costs of the additional construction. Should the City cause the performance of additional contract construction which would otherwise qualify for State cost participation covered under this agreement but for which the -10- J 0,' .f' 66333 State has not previously encumbered funds, that additional contract construction is done at the City's own risk. The City shall notify the State's District Engineer in writing of the additional State cost participation construction. Notification shall include an estimate in the amount of additional funds necessary to cover the additional State cost participation construction including construction engineering costs and the reason(s) why the current amount encumbered was exceeded. If the State approves the additional State cost participation construction, the City's claim for compensation along with a request for encumbrance of the necessary additional funds shall be submitted to the Commissioner of Finance for review pursuant to Minnesota Statute section 16A. 15, subdivision 3, but no guarantee is made that the claim will be approved by the Commissioner of Finance. If the Commissioner of Finance certifies the claim for compensation and the request for encumbrance of the necessary additional funds therefor, that action will have the effect of amending this agreement so as to include the State's share of the costs of the additional construction. If the State determines that the submittal of a claim for compensation is warranted and it is deemed legally necessary to supplement this agreement, and if the claim is approved and a -11- p�� 66333 supplement to this agreement in connection with the claim is prepared and processed, the first $3,000.00 of the claim will not be eligible for payment. Section B Records Keeping and Invoicing by the City The City shall keep records and accounts that enable it to provide the State with the following: 1. Quantities of State cost participation construction performed which have been paid for by the City. These quantities are to be entered on the Modified SCHEDULE "I" form provided by the State. 2 . Copies of the City contractor's invoice(s) covering all contract construction. 3. Copies of the endorsed and cancelled City warrant(s) or check(s) paying for all contract construction. 4 . Copies of all construction contract "Change orders" and/or "Supplemental Agreements" . 5. Certification form (provided by the State) signed by the City's Engineer in charge of the contract construction attesting to the following: -12- 66333 a. The satisfactory performance and completion of all contract construction, in accordance with State-approved City plans, specifications and special provisions. b. The acceptance and approval of all materials furnished for the State cost participation construction covered under this agreement relative to compliance of those materials to the State' s current "Standard Specifications for Construction• . C. Full payment by the City to its contractor for all contract construction. 6. When requested by the State, copies, certified by the City's Engineer, of material sampling reports and of material testing results for the materials furnished for the State cost participation construction covered under this agreement. 7 . A formal invoice (original and signed) in the amount of the total cost of the State participation construction covered under this agreement. As provided by Minnesota Statute section 16B.06, subdivision 4, the books, records, documents, and accounting procedures and practices of the City relevant to this agreement are subject to examination by the contracting department or agency, and either the legislative auditor or the state auditor as appropriate. -13- �K� 66333 Section C. Final Payment by the State Final payment by the State to the City, of the total cost of the State participation construction covered under this agreement less the amount of funds advanced by the State, shall be made ( 1) upon satisfactory completion of all State cost participation construction covered under this agreement, acceptance thereof by the State and invoicing the State by the City in accordance with a written procedure furnished the City by the State and (2) upon completion of all contract construction. If the total cost of the State participation construction covered under this agreement is less than the amount of funds advanced by the State, the City shall promptly return the balance to the State without interest. Pursuant to Minnesota Statute section 15.415, the City waives claim for any amounts less than $2 .00 over the amount of State funds previously received by the City, and the State waives claim for the return of any amounts less than $2.00 of those funds advanced by the State. ARTICLE IV - GENERAL PROVISIONS Section A. Maintenance bV the City Upon satisfactory completion of the contract construction, the City shall provide for the proper maintenance, without cost or expense to the State, of the storm sewer facilities constructed -14- �K� 66333 within the corporate city limits under the construction contract. Furthermore, neither party to this agreement shall drain any additional drainage into the storm sewer facilities that was not included in the drainage for which the storm sewer facilities were designed without first obtaining permission to do so from the other party. The drainage areas served by the storm sewer facilities constructed under the construction contract are shown in a drainage area map, EXHIBIT "Drainage Area" , which is on file in the office of the State' s District Hydraulics Engineer at Golden Valley and is made a part hereof by reference with the same force and effect as though fully set forth herein. Section B. Claims The city at its own sole cost and expense shall defend, indemnify, save and hold harmless the State and all of its agents, officers and employees of and from all claims, demands, proceedings, actions or causes of action of whatsoever nature or character arising out of or by reason of contract construction, construction engineering and/or maintenance covered under this agreement including an action or claim which alleges negligence of the State, its agents, officers and employees. -15- O-N�- 66333 All employees of the City and all other persons employed by the City in the performance of contract construction, construction engineering and/or maintenance covered under this agreement shall not be considered employees of the State. All claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of the employees while so engaged and all claims made by any third parties as a consequence of any act or omission on the part of the employees while so engaged on contract construction, construction engineering and/or maintenance covered under this agreement shall in no way be the obligation or responsibility of the State. Section C. Nondiscrimination The provisions of Minnesota Statute section 181.59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this agreement as if fully set forth herein. Section D. Agreement Approval Before this agreement shall become binding and effective, it shall be approved by a City Council resolution and receive approval of State and city officers as the law may provide in addition to the Commissioner of Transportation or his authorized representative. -16- p 66333 IN TESTIMONY WHEREOF the parties have executed this agreement by their authorized officers. DEPARTMENT OF TRANSPORTATION CITY OF SHAKOPEE Recommended for approval: By / . , n By Aid K. 9-15-89 Mayor Director Agreement Services Section Date By BY District Engineer City Administrator Date By Deputy Division Director Technical Services Division DEPARTMENT OF ADMINISTRATION Approved: Approved: By Deputy Commissioner By of Transportation (Authorized Signature) Date Date (Date of Agreement) OFFICE OF THE ATTORNEY GENERAL Approved as to form and execution: By Special Assistant Attorney General _17 �d I ? 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I a c s c I m u Ir, c: al aa � ICC, a � w• mlLL � do 2 .al 2I J I I a -1 n`I N �."I.NI it ,. t .+ ,J ( I aI a � a� •I UCI q � CL N P N N.UI IW LJ JI I U -J'U'! ` V y L LI L ro ttt •I :GI ro; NN � N 9I ci Eli r.IC u OI aIn UI .r [LI iG CL 91 UI Ni •17 •• OI 7 U,y aI-•VI C -I -I I .+ ml L7 UI CS CJ�c 1 NI c =N'I 9 LI I U C U ma. r.Ic I, dal rol a aI U L Vi4-I W!m Q ml C C m ml m m WI I NI Irl i � I L. I �If ti'yI Til > 1I >I "•.+�.-I t'l a ? ^ W I_ ra rJl a al ala I u 0 0 0 "'JJJ ]]]IIIe G C. -I ^ W 4+ a IL'(LI IL rLI rL a L'+ N 4`1 L7 rL IL F- . 11'.. M MI tri!t'!'C, r 1 O C•I •IO-Ll UI Ji..I •i,til UI JI t7 BiIt9.W N a, a' a. a a ID rl, N•CiI N:CI Iry ^i I❑I � Ui '-�NNC !N L_-_� I � I I I m.UII mil Uq mI—UII U I I I til I N 61 I__ 1 -rji� 6ENT /Dc MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, City Engin er SUBJECT: Market Street/Alleys Project No. 1988-6 DATE: October 10, 1989 INFORMATIONAL ITEM: Attached is Change Order No. 1 for the above referenced project. The contractor for this project is S.M. Hentges & Sons. At the time the bids were awarded for this project, the City Council authorized a contingency amount equal to 153 of the contract for use by the Project Administrator (myself) in processing change orders , in conformance with the new change order policy. The policy also states that staff should inform Council of any change orders. Change Order No. 1 has been executed and is attached for Council review. Basically, the change order is for two items. The first item is actually for a change in quantity due to an error in estimating the bid quantities. The actual square footage of bituminous removal is closer to 4 ,000 Sq. Ft. , not 400 Sq. Ft. as listed in the bid. The second item relates to adding a concrete driveway approach to one of the alleys. This item was in the original bid, but due to the high cost of this bid item ($6 ,750) Council omitted this item prior to awarding the contact. The contractor has now agreed to do this driveway approach for a more reasonable amount ($750) . The total change order will increase the contract by approximately $6, 150 .00 or about 8 .23 . DH/pmp CHANGE RECOMMENDED ACTION: Acknowledge receipt of information on Change Order No. 1 for Market Street/Alleys , Project No. 1988-6 . CMAW E ORDER Change Order No.: 1 Project Name: Marker Street A Alleys Date: October 5 1989 Contract No.: 1988-6 Original Contract Amount $ 74.153.00 Change Order(s) No. = thru No. E -0- Total Funds Encumbered Prior to Change Order E 74.153.00 Description of York to be (Added/Deleted): 1 . Pay Item U5 on Page 2 - "Remove Bituminous Pavement" This quantity shall be increased to ±_ 4,000 Sq. Ft. Payment shall be based on actual field measurments. 2. Schedule 2A, Page 2A, Itm 9 - Concrete Driveway; Contractor to construct concrete driveway, + 25 Sq. Yds. at $30.00 per Sq. Yd. for a total estimate of $750.00. The above described work shall be incorporated in the Contract, referenced above, under the same conditions specified in the original Contract as amended unless otherwise specified herein. Any work not so specified shall be performed in accordance with the Standard Specifications adopted by the City of Shakopee, Minnesota. The amount of the Contract shall be increased $ 6.150.00 The number of calendar days for completion shall be (increased/decreased) by -0- Original Contract Amount $ 74.153.00 Change Order(s) No. 1 thru $ 6,150.00 Total flails Encumbered $ 80.303.00 Completion Date: November 15, 1989 The undersigned Contractor hereby agrees to perform the work specified in this Change Order in accordance with the specifications, conditions and prices c� specified herein. Con — T - ).�`.1 ^• BY: TitleNti'sr Date: APPROVED AI Damtk G PlJ'L/ Y os � City Administrator Date MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, City Enginee SUBJECT: Overhead Transmission Lines DATE: October 11 , 1989 INTRODUCTION: Shakopee Public Utilities is requesting Council approval to install overhead transmission lines on portions of Valley Park Drive and the frontage road along T.H. 101 . BACKGROUND: Section 4 . 35 of the Shakopee City Code (copies attached ) indicates that all new utility installations shall be installed underground. This includes any electric , telephone or cable TV lines. Subdivision 2 , Part A of this code indicates that the City would allow the use of overhead lines for high voltage transmission lines exceeding 23 ,000 volts with prior approval by the City Council. The utility is required to submit plans to the City 60 days in advance of the construction. Staff has become aware that the Shakopee Public Utilities is planning to start construction on a new 14,000 volt transmission line going from the NSP substation on Shiely road , along the frontage road along Highway 101 and along a portion of Valley Park Drive. Please refer to Map No. 1 for the location. The transmission line has been designed to go overhead on 60 foot tall poles. Construction was scheduled to start on or around October 5 , 1989 . A private contractor will be doing the work. Staff notified the Utility Manager of the following items: 1 . Overhead power lines were not allowed without prior City Council approval per Section 4 .35 of the Shakopee City Code. 2. Prior to any work starting on this project, a permit to work within the street right- of-way was required from Engineering. 3• As part of the permit to work in our right-of-way the contractor must submit an insurance certificate to the City listing the City as an additional insured . The City Attorney must approve of all insurance certificates. Consequently , construction has not started on this project . Shakopee Public Utilities has submitted plans to Engineering , applied for a permit to work in the right-of-way and submitted a Jo �- certificate of insurance from their contractor currently being reviewed by the City Attorney. Staff has not signed the permit yet due to Item No. 1 above which requires City Council action. Attached is a memo from the Utilities Manager outlining their reasons for going overhead rather than underground. Shakopee Public Utilities is requesting that the City Council approve of their proposal . A representative from the utility will be present at the City Council meeting to respond to questions. Staff would like to point out that Shakopee , like other communities, has gone to great length to utilize underground utility installations for new installations . All new subdivisions are required to go underground, the Downtown Project attempted to provide for future undergrounding and the Industrial Park (where this project is planned) is currently underground . Overhead utility lines are just not used much anymore, due to aesthetics and for protection of the lines themselves. ACTION REQUESTED: Discuss the request from the Shakopee Public Utilities to install an overhead utility line and take the appropriate action. DH/pmp UTILITY lb's" SEC. 4 .35. UNDERGROUND UTILITY CONSTRUCTION. Subd. 1. Underground Construction Required. All utility lines hereafter installed, constructed or otherwise placed within the City for electric, telephone, TV cable or other like or similar services to serve residential, commercial and industrial customers in newly platted areas, whether owned, installed or constructed by the supplier, consumer or any party, shall be installed and placed underground, subject only to the exceptions hereinafter stated; however, above-ground placement, construction, modification or re- placement of meters, gauges, transformers, street lighting and ser- vice connection pedestals shall be allowed. The requirements of this Section shall apply equally outside of the corporate limits of the City coincident with City jurisdiction of platting, subdivision regulation or comprehensive planning as may now or in the future be allowed by law. All companies installing and operating lines such as those described herein shall be referred to as "utility compan- ies" for purposes of this Section. Subd. 2. Exceptions to Application. The following ex- ceptions to the strict applicability of this Section shall be allowed upon the conditions stated: A. Transmission Lines. Above-ground placement, construction, modification or replacement of those lines commonly referred to as "high voltage transmission lines" upon which the conductor 's normal operating voltage equals or exceeds 23,000 volts (phase to phase) shall be allowed only by prior approval of the Council; provided, however, that sixty (60) days prior to commence- ment of construction of such a project, the City shall be furnished notice of the proposed project and, upon request, the utility com- pany involved shall furnish any relevant information regarding such project to the City. This Section shall not be construed as waiv- ing the requirements of any other ordinance or regulation of the City as the same may apply to any such proposed project. B. Technical and Economic Feasibility. Above- ground placement, construction, modification or replacement of lines shall be allowed in residential, commercial and industrial areas where the Council, following consideration and recommendation by the Planning Commission, finds that: 1. Undergroundplacementwould place an undue financial burden upon the landowner or the utility company or de- prive the landowner of the preservation and enjoyment of substan- tial property rights; or, 2. Underground placement is impractical or not technically feasible due to topographical, subsoil or other exist- ing conditions which adversely affect underground utility placement. C. Temporary Service. Above-ground placement of temporary service lines shall only be allowed: 1. During the new construction of any project for a period not to exceed twenty-four (24) months; 2. During any emergency to safeguard lives or property within the City; -97- (4-1-78) /6 3. For a period of not more than seven (7) ' months when soil conditions make excavation impractical. Subd. 3. Repair and Maintenance of Existing Installa- tions. Nothing in this Section shall be construed to prevent repair, maintenance, replacement or modification of existing over- head utility lines. Subd. 4 . Developer Responsibility. All owners, platters or developers are responsible for complying with the requirements of this Section, and prior to the final approval of any plat or development plan, shall submit to the Planning Commission written instruments from the appropriate utility companies showing that all necessary arrangements with said companies for installation of such utilities have been made. Subd. 5. Placement. A. All utility lines shall be placed within appro- priate easements or dedicated public ways so as to cause minimum conflict with other underground services. When feasible, all util- ities shall be placed within the same trench. B. All utility companies shall submit annually to the Building Official current maps revealing locations of under- ground installations, whether such installations were installed prior to the effective date of this Section or hereafter. Source: City Code Effective Date: 4-1-78 (Sections 4.36 through 4.39, inclusive, reserved for future expansion. ) (4-1-78) 97-1 S 16 {s/ f r-m i L I � 3 — 1 � • / r 0,, To: Dennie Kraft, City Administrator, From: Lou Van Hout, Utilities Manager v Re: O.H.Line, from Blue Lake Substation to Industrial Park, along highway 101, and Valley Park Drive Date: 10/12/89 Introduction• The Shakopee Public Utilities Commission is in the process of constructing the overhead electric line as described above. The line is intended to provide a second major feeder line to supply present and future customers in the industrial park area of the city. City Engineer, Dave Hutton, has advised that section 4.35 of the Shakopee City Code requires exemption by Shakopee City Council for the construction of an overhead electric line rather than underground, and it appears he is correct. Background• To get a perspective: Chapter 3 of the City Code (Municipal and Public Utilities - Rules and Regulations, Franchises and Rates) , does not mention underground service. Chapter 12 (Subdivision Regulations, Platting) , requires underground electric service lines only from the main line to the residential structure, with exceptions allowing overhead linea with permission in extreme conditions . Chapter 4, where the general requirement is located, is titled: Construction Licensing, Permits, and Regulations. This is not to say the requirement is not enforceable, just to illustrate why the question has not come to light until now. To my knowledge, a request to Council for an exemption to allow an overhead line has never occurred, although section 4.35 has been in the Code since 1978. The subdivision section has been my reference, and our electric installations have been in compliance with that section. In the past week, I have inquired at both NSP and MVEC and find that their practices are consistent with ours, with regard to the determination of underground or overhead lines . SPUC standard construction practice is: A. Underground service provided: -into most new residential subdivisions, -to small industrial subdivisions, -to individual industrial/commercial customers, -where aesthetics of an area would be harmed. (Lions Park/Prairie View Addition as an example) . B. Overhead electric lines: -in alleys, -along main roads in areas where alleys do not exist. -individual customers in rural areas, of in areas with present overhead services . I believe it is accurate to state that the belief of all three electric utilities is that a requirement for all-underground- electric is a carryover from the early to mid '70's when there was a belief, both in and out of electric utility circles, that underground cable was the answer to everyone's problems with maintenance, visual clutter, etc. That belief changed by the late '70's as the problems, cost and reliability of underground cable did not live up to expectations. I believe there is no objection by any electric utility to the undergrounding requirements as contained in the subdivision section of the City Code. I would request Council to consider granting exception to this particular line prior to consideration by the Planning Commission, for the following reasons: 1 . The next scheduled meeting of the Planning Commission is November 9, 2. The contract for the installation has already been let, acting under the same design practices which all utilities have operated in Shakopee prior to this time, 3. the location of the line is through an area presently served by overhead lines, 4. To our knowledge, section 4.35 of the Code has not been applied to any utility construction prior to this date, 5. consistent treatment of all utilities should be maintained. The general reexamination of City Code section 4.35 could then proceed before the Planning Commission for consideration as a separate matter. L would request that Council grant this exception for this particular line for the following reasons: 1. Economic: Construction cost of the overhead electric line is estimated at $130,000. Construction cost of an equivalent underground line is estimated at 0342,000. 2. Aesthetic: Our general practice has been to keep our lines as uncluttered as practical. The visual impact of this line would be in keeping with the area. This line is planned through an area served by NSP. Those customers presently in that area are served from an overhead line similar to this one. 3. Consistent treatment: This request for the allowance of an overhead line would be made by any utility who desired to build a similar line. SPUC is not requesting treatment different than other utilities. 4. Operational: The area is still developing. An overhead line permits the maximum flexibility for providing future service points, and system extensions . Non-interference with traffic has already been assured, as the State of Minnesota has issued a construction permit for the part of this line in Highway 101 right-of-way. Recommendation: In light of the need to have the matter resolved for all 3 of the electric utilities now operating within Shakopee city limits, I believe the requirements of the City Code section 4.35 (general undergrounding requirement) should be reexamined as soon as possible. However, in the interest of time, I would request specific exemption be granted for this line. Action requested: Please accept this as a petition to the Shakopee City Council to: a) Grant specific exemption for the construction of this overhead electric line, b) Initiate a reexamination of section 4 . 35 of the Shakopee City Code. c.c. Dave Hutton CONSENT /0A) TO: Mayor and Council Members FROM: John DuBois, Acting Chief of Police RE: Purchasing of New Warning Siren for the City DATE: October 6, 1989 INTRODUCTION• Past Chief of Police, Tom Brownell, had budgeted $14,000 for the purchase of new warning siren at the location of the Jr. High School, to replace the older siren that has not been functioning properly. BACKGROUND: Current tornado warning sirens, located around the city, are old and are not reliable. We are constantly repairing one of them at one of the locations in the city. The time is past due for replacing them. The first one to be replaced is at the sight of the Jr. High School. This would be the first, in an attempt, to replace all the sirens in the city over a period of time. The City of Savage has obtained bids for units with a clause to allow additional cities to purchase from the bid which should reduce the per unit cost. Their lowest bid was from Fesler's Inc. of North Liberty, Iowa for $10,853.44 per unit plus installation costs of $2,295.00. We can reduce installation costs by having Shakopee Public Utilities do the installation. RECOMMENDATION• Authorize the purchase of the siren on the bid price received with the City of Savage and have the installation made at the Jr. High School as soon as the new siren would arrive by the Public Utilities Dept. Council action is requested to authorize the purchase and installation of a new warning siren at the Jr. High School location, replacing the older, non-reliable siren. ACTION REOUESTED• Authorize the purchase and installation of a civil defense warning siren at the Jr. High School from Fesler's Inc. in the amount of $10,853.44 under the City of Savage bid and authorize installation by Shakopee Public Utilities. as ociation of metropolitan municipalities October 3, 1989 Dear City Official: The attached Legislative Policies have been recommended by the five AMM standing policy committees for adoption by the Board of Directors and General Membership as additions and/or revised AMM Legislative Policy for the 1990 Legislative Session. The Board of Directors will be meeting in about ten days to review and consider these policies and any changes made by the Board will be forwarded to you as soon as possible thereafter . Policies adopted last year for 1989-1990 continue for 1990 except for those recommended for change by this year' s action. The General Membership meeting to consider and approve these policies has been set for Thursday evening, November 2, 1989• We will be sending you more detailed information concerning this meeting in the near future but please reserve this date on your calendar now. We are sending the proposed policies now to give you and your council as much time as possible to peruse and discuss the various policy recommendations. Policy adoption at this meeting requires a two thirds majority vote of those present. Each city has one vote except Bloomington has two votes, St, Paul has five votes and Minneapolis has seven votes because of their larger populations. We look forward to your active participation in this very important part of the AMM policy process. Respectfully, kA� Walt Fehst, President Association of Metropolitan Municipalities 183 university avenue east, st. paul, minnesota 55101 (612) 227-4008 /D6e MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: AMM 1990 Legislative Policies DATE: October 11, 1989 INTRODUCTION• The City Council should discuss and establish its positions on the various Association of Metropolitan Municipalities (AMM) 1990 policies and legislative statements. BACKGROUND: The Shakopee City Council is a member of AMM. In the past the City Council has taken positions, either in agreement or disagreement, with the legislative policies and proposals which have been established by the AMM Board of Directors. I have reviewed this document and my comments are listed in the same order as the policies and statements appear on the attached AMM document. I have commented only on those items where I believe the City Council might disagree with the AMM position. No comment on an item indicates that I believe there is either general agreement on the part of the City Council with the AMM position or the item simply is of no interest to the City Council. The members of the City Council should feel free to comment on any item in the entire report and not confine themselves to only those items on which I have provided comments. Following are suggested changes in the AMM policies: Policy 90-13 Fiscal Disparities (I-F) (Page 1) . The AMM policy is suggesting that no changes be made in the fiscal disparities program until the current property tax reform measures are in place and the impact of fiscal disparities can be determined. I recommend that the City Council disagree with this position and that the City Council continue to support amendments to the fiscal disparities program as soon as possible. Policy 90-30 Tax Increment Finance (III B-4) (Page 9) . While I am of the opinion that the position on tax increment financing does represent the majority position of the City Council, in that tax increment financing has been controversial in the past, the City Council might wish to discuss this further and determine if a majority of Councilmembers are still of the opinion that tax increment financing is a useful economic tool to be used by cities in the State. Policies 90-41 Metropolitan Council Budget and Work Program Process (IV-F) (Page 16) . The set of policies on the Metropolitan Council generally call for a review of mandated or nondiscretionary projects and programs and a determination be made whether the Metropolitan Council should continue to function in those areas where Federal or State funding is no longer identified. The AMM also expresses concern over the growing reliance on property taxes that the Metropolitan Council has. In the area of Metropolitan Council legislation the City Council may wish to add additional comments. I believe the policies generally reflect the position of the City Council. The AMM General Membership Meeting has been set for Thursday evening November 2nd at the Hilton Hotel in Northeast Minneapolis. Any Councilmember desiring to attend the meeting may contact either myself or Toni Warhol and reservations will be made on your behalf. I am planning to attend this meeting. ALTERNATIVES• 1. Adopt the policies and positions as contained in the AMM Statement. 2. Amend the AMM policy statements as recommended in this memo and then adopt the AMM Policy Statement as amended. 3. Discuss the policies further make changes as desired, and then adopt official City Council positions on those items. RECOMMENDATIONS• Alternative #2 or #3 above is recommended. ACTION REOUESTED• Move to adopt the AMM Policies, as amended, and direct the City's representative to vote in a manner consistent with the City Council positions at the ANN Annual Membership Meeting. Attachment association of metropolitan municipalities P R O P O S E D A D D E N D U M T 0 P O L I C I E S A N D L E G I S L A T I V E P R O P O S A L S 1990 SEPTEMBER 29, 1989 183 university avenue east, st. pauI, min nesota 55101 (612) 227-5600 1 MUNICIPAL REVENUE AND TAXATION 90-11 MANDATED STATE AND FEDERAL PROGRAMS (I-B-3) The cost of local government is being influenced more and more by both state and federally legislated mandated programs and increased mandated benefits or costs for in-place programs. Due to current levy limitation restrictions , the ability of local government to pay these increased costs is severely restricted, thereby causing in many instances, a reduction in the level of the traditional service functions of police, fire, street, etc. There is a vast range of mandated program increases which have no bearing or relationship to the annually allowed levy limit increase. Some of these include worker's compensation benefits, binding arbitration , federal social security, minimum wage laws, comprehensive planning, Critical Areas Act, Shorelines Act, OSHA, etc. THE AMM URGES THE LEGISLATURE TO RECOGNIZE THAT MANDATED INCREASED EXPENDITURES IN ONE PROGRAM WITHOUT A CORRESPONDING INCREASE IN FUNDING ABILITY MANDATES A DECREASED EXPENDITURE IN THE OTHER SERVICE AREAS SUCH AS PUBLIC SAFETY ETC. THEREFORE, WHEN NEW PROGRAMS OR INCREASES TO EXISTING PROGRAMS ARE MANDATED, THE LEGISLATURE SHOULD PROVIDE SUBSTANTIAL STATE FUNDING ASSISTANCE ALONG WITH, AS APPROPRIATE, A PERMANENT LEVY LIMIT BASE INCREASE TO OFFSET THE NEW COSTS. 90-12 PROPERTY TAX REFORM - TIF HOUSING The new property tax aid system eliminates payments to local government to offset homestead credit to homeowners . This elimination has created a significant financial problem for cities that created TIF Housing Districts to help eliminate delapidated housing stock in blighted areas. Without the full increment , including the amount for homestead credit, many areas are having to levy additional property tax to pay the TIF bonds. In some cases the levy amount is very significant , i .e. , up to a 20% across the board tax increase. Since these districts were undertaken in good faith to alleviate a public safety problem, it is unreasonable for the legislature to unduly penalize taxpayers in these cities because of a change in tax methodology. Therefore; THE AMM URGES THE LEGISLATURE TO CREATE A SPECIAL TRANSITION AID FUND TO OFFSET THE DECREASED HOMESTEAD CREDIT PAYMENTS FOR TIF HOUSING DISTRICTS TO ENSURE THAT OTHER TAXPAYERS ARE NOT PENALIZED BY HAVING TO PAY A SPECIAL LEVY FOR TIF BONDED DEBT PAYMENTS. 90-13 FISCAL DISPARITIES (I-F) Starting with the 1987 tax bill , the legislature has systematically begun making major changes to the Minnesota property tax system. The Homestead Credit has been changed to an aid and reduced , aid distribution between types of local government and among regions is changing, and classification rates -1 - and ratios to determine taxable value and relative tax are being modified annually. All of these changes will have an impact on the operation of the Fiscal Disparities program but because of the interactiveness of one change upon another, it is difficult to assess the total impact or change in the relative contribution and distribution of fiscal disparities tax base. Thus , it seems inappropriate to continue pursuit of a major change to the fiscal disparities program until the proposed changes can be analyzed as they would interact with the property tax system changes of 1989-1990. Therefore, THE AMM REQUESTS THAT NO CHANGES BE MADE TO THE FISCAL DISPARITIES PROGRAM UNTIL THE CURRENT PROPERTY TAX REFORM MEASURES ARE IN PLACE AND THE IMPACT ON FISCAL DISPARITIES CAN BE DETERMINED. STUDY SHOULD CONTINUE AS TO THE INTERACTION AND IMPACT OF FISCAL DISPARITIES WITH THE NEW TAX LAW. -2- 2 GENERAL LEGISLATION 90-21 PICKET LINES (A-3) PUBLIC EMPLOYEES SHOULD NOT BE GIVEN THE RIGHT TO REFUSE TO CROSS A PICKET LINE. 90-22 PART TIME EMPLOYEES (A-5) THE AMM RECOMMENDS THAT THE LEGISLATURE REINSTATE THE PREVIOUS DEFINITION OF EMPLOYEES COVERED BY PELRA TO BE 'PERSONS EMPLOYED FOR MORE THAN 100 DAYS IN A CALENDAR YEAR' INSTEAD OF THE CURRENT 67 DAYS. 90-23 DATA PRIVACY AND OPEN MEETING (II-C) Data privacy laws protect individuals from the release of information to the public which the legislature has deemed to be private or which could be unnecessarily harmful to the individual. On the other hand, the open meeting law prohibits local government units from holding closed sessions except when discussing pending or actual lawsuits with an attorney or labor negotiations . Unfortunately , many occasions have arisen in past years where local units in dealing with individuals or employee disciplinary matters have been forced to either violate the Data Privacy Statutes or the Open Meeting Statute in order to fairly resolve the issue. The Minnesota Supreme Court in early 1989 finally resolved the conflict between the two laws and did so by establishing a clearly followed rule. When ' not public data' comes before public bodies, either the data must not be released or the meeting must be closed. THE AMM SUPPORTS CONTINUING THE RULE INITIATED BY THE SUPREME COURT IN THE ANNANDALE ADVOCATE DECISION THAT MEETINGS OF PUBLIC BODIES MUST BE CLOSED WHEN DATA CLASSIFIED AS OTHER THAN PUBLIC IS TO BE DISCUSSED. IF THE LEGISLATURE DOES MODIFY THE LAW IT SHOULD BE CONSISTENT WITH THE ANNANDALE DECISION. 90-24 CONTRACTOR PERFORMANCE BONDS (II-I) The 1989 legislature modified Minnesota Statutes 574.26 to allow contractors to provide a letter of credit instead of a performance bond for contracts of less than $50,000. This is an improvement but still will create significant hardship with many reputable small contractors . In todays market , projects in excess of $50 , 000 are very common and are not really large jobs . The emphasis should be in protecting the public. THE AMM URGES THE LEGISLATURE TO PROVIDE GREATER FLEXIBILITY IN -3- CONTRACTOR GUARANTEES FOR CITIES BY ALLOWING IN ADDITION TO BONDS, OTHER RELIABLE FINANCIAL SECURITY GUARANTEES, SUCH AS LETTERS OF CREDIT, WITHOUT LIMITATION AS TO PROJECT COSTS. 90-25 DATA PRACTICES - GENERAL PUBLIC DATA The Government Data Practices Act allows municipalities to charge the actual costs of searching for , retrieving, and copying public data if copies of the data are requested . The law prohibits municipalities from charging the costs of searching for and retrieving data if a person asks only to inspect it . In many cases, the searching and retrieving are the most time-consuming aspects of supplying data. Making a copy is frequently only a small portion of the time required and should not be the standard for determining whether a charge is appropriate. Profit-making enterprises have used this free service to augment their businesses . For example , individuals have established businesses for preparing special assessment searches. Personnel from these businesses use city facilities, including expensive computer equipment, to obtain the special assessment data. The personnel may also take significant amounts of staff time for explanations of the data collected . They then dominate the publicly provided telephone for lengthly periods to transmit the information obtained. These businesses use city facilities and personnel as part of a profit-making enterprise , solely at taxpayer expense. Municipalities should be allowed to charge for retrieving and explaining public data whether or not the request includes copying. The law also prohibits municipalities from charging for separating public from non-public data. This task may be very time-comsuming and is necessary to protect the non-public data. Municipalities should be allowed to charge for this service. To preserve the Act ' s spirit and intent of keeping government records open to inspection for public purposes , the new charges proposed would not apply to the media or to private citizens requesting information about themselves or their own properties. THE AMM ENCOURAGES THE LEGISLATURE TO AMEND MINN. STAT. 13.03, SURD. 3 TO ALLOW MUNICIPALITIES TO CHARGE FOR RETRIEVING AND EXPLAINING PUBLIC DATA AND FOR SEPARATING PUBLIC FROM NON-PUBLIC DATA. THIS AMENDMENT WOULD NOT APPLY, HOWEVER, TO THE MEDIA OR TO PRIVATE CITIZENS REQUESTING INFORMATION ABOUT THEMSELVES OF THEIR OWN PROPERTIES. 90-26 (II-G) COMPARABLE WORTH The Minnesota Pay Equity Law mandated in 1984 that public employers conduct a comparable worth study and report the results -4- to the state . Cities have consistently demonstrated their continuing support of the concept and objectives of the law by: -Virtually all of the 1 ,600 public agencies required to do so have completed pay equity studies and submitted their reports to the state in accordance with statute. -For each of these public agencies , first year implementation costs were between 2% and 7% of payroll . This is a significant continuing expenditure to each public agency. -To complete the mandated study, public agencies have invested - between $2,000 to $20, 000 each, either in staff time or consultant services or both. Additional costs will accrue for continuous updates. -Most agencies schedule pay equity implementation by the state mandated December 31 , 1991 , deadline or sooner. -Pay equity has provided municipalities with a rational basis for community employee compensation and classification systems. The Commissioner of the Department of Employee Relations has stated that there is no problem with pay equity implementation in the vast majority of cases. To enhance the enforceability of the statute, the legislature in 1987 adopted a requirement that all plans be fully implemented no later than December 31 , 1991 , and imposed financial penalties for noncompliance within that time frame. In the meantime, alleged pay inequities can be resolved through 1 ) The Department of Human Rights process; 2) Court system ; or 3 ) Arbitration . Finally , there has been no systematic research done by either the Department of Human Rights or Department of Employee Relations to statistically substantiate widespread pay equity implementation problems. At this time it is too early to consider changes to the pay equity law. Most units are in the implementation process, mainly using a three year phased program. The cities and the legislature need time to analyze the results of the implementation. To change rules, criteria , definition or mandates. in mid stream will only cause more confusion, more unnecessary expense and in many cases delays. The legislature needs to provide the tools (ability to raise the dollars needed) and the time for local units to comply willingly. THE AMM URGES THE LEGISLATURE: TO PROVIDE LEVY BASE ADJUSTMENTS FOR PAY EQUITY IMPLEMENTATION; TO NOT ENDANGER ECONOMIC AND EFFICIENT PROVISION OF PUBLIC -5- SERVICES BY PROHIBITING PRIVATIZATION OR JOINT POWERS AGREEMENTS FOR VARIOUS SERVICES. THE LEGISLATURE SHOULD NOT MANDATE THAT PUBLIC AGENCIES ARE TO BE THE VEHICLE TO IMPLEMENT PAY EQUITY IN THE PRIVATE SECTOR THROUGH CONTRACT COMPLIANCE REQUIREMENTS; AND TO NOT MAKE CHANGES IN THE LAW UNTIL THE CURRENT IMPLEMENTATION DEADLINE, DECEMBER 31 , 1991 , HAS ELAPSED. IN THE INTERIM, THE DEPARTMENT OF EMPLOYEE RELATIONS SHOULD BE DIRECTED TO REVIEW ITS PAY EQUITY REPORT FILES TO IDENTIFY STATISTICALLY THE NATURE AND NUMBER OF PROBLEMS WHICH EXIST IN ACHIEVING STATE-WIDE PAY EQUITY OBJECTIVES. THIS DATA, COUPLED WITH PUBLIC AGENCY EXPERIENCE IN IMPLEMENTING COMPARABLE WORTH PLANS WILL PROVIDE THE BASIS FOR A COOPERATIVE REVIEW BY DOER AND PUBLIC AGENCIES TO DETERMINE THE NEED FOR REFINEMENTS TO THE PAY EQUITY LAW. IF THE LEGISLATURE ELECTS TO CHANGE THE LAW THEN THE FOLLOWING GUIDELINES SHOULD BE USED: COMPARABLE WORTH INVOLVES ALL PUBLIC EMPLOYEES, MALE AND FEMALE, OCCUPING ALL TYPES OF PUBLIC SECTOR POSITIONS. TRUE COMPARABLE WORTH IMPLEMENTATION MUST THEREFORE INCLUDE ALL MALE, FEMALE AND BALANCED JOB CLASSES - IT IS NOT SUFFICIENT TO CONCENTRATE ON ONE CLASS OVER ANOTHER. THE APPROACH TO COMPARABLE WORTH SHOULD BE COMPREHENSIVE, DEALING WITH ALL EMPLOYEES AT ALL RANKS REGARDLESS OF SEX. THIS IS THE ONLY EQUITABLE APPROACH. ONE OF THE PRIMARY OBSTACLES BLOCKING THE IMPLEMENTATION OF COMPARABLE WORTH IS THE EXISTING STATE STATUTES WHICH DEFINE CERTAIN EMPLOYEES AS ESSENTIAL AND OTHERS AS NON-ESSENTIAL AND REQUIRE IMPLEMENTATION OF PAY EQUITY TO BE COLLECTIVELY BARGAINED. ESSENTIAL EMPLOYEES DO NOT HAVE THE RIGHT TO STRIKE , BUT MAY UTILIZE BINDING ARBITRATION. ARBITRATORS ARE NOT BOUND TO CONSIDER THE RESULTS OF COMPARABLE WORTH STUDIES. THIS CREATES A SPECIAL CLASS OF EMPLOYEES WITH UNIQUE BARGAINING LEVERAGE. HISTORY DEMONSTRATES THAT THIS LEVERAGE HAS RESULTED IN HIGHER WAGES TO ESSENTIAL EMPLOYEES THAN NON-ESSENTIAL EMPLOYEES. THIS INEQUITY MUST BE DISCONTINUED IN ORDER FOR FULL IMPLEMENTATION OF COMPARABLE WORTH TO OCCUR. ARBITRATORS AND NEGOTIATORS SHOULD BE REQUIRED TO CONSIDER COMPARABLE WORTH RESULTS FOR ALL EMPLOYEE GROUPS. IF THIS DOES NOT OCCUR , ARBITRATION AWARDS SHOULD BE CONSIDERED ALLOWABLE EXCEPTIONS TO PAY EQUITY IMPLEMENTATION. THERE SHOULD BE NO LIMITATION ON THE TOOLS AVAILABLE TO PUBLIC AGENCIES TO IMPLEMENT PAY EQUITY INCLUDING ACCELERATING OR DECELERATING SALARY INCREASES, JOB RESTRUCTURING, PRIVATE CONTRACTING, AND OTHER STRATEGIES. WHILE PRIMARY CONSIDERATION NEEDS TO BE GIVEN TO COMPARABLE JOB VALUE, MARKET CONDITIONS MUST ALSO BE CONSIDERED. THIS IS NECESSARY BOTH TO ASSURE THAT MUNICIPALITIES ARE ABLE TO CONTINUE TO RECRUIT AND RETAIN QUALIFIED CANDIDATES AND TO ASSURE THAT -6- CLASSIFICATIONS SIMILAR TO PRIVATE SECTOR JOBS ARE NOT PAID INORDINATELY HIGHER WAGES THAN THOSE PAID IN THE PRIVATE SECTOR. PAY FOR PERFORMANCE IS AN OBJECTIVE AS FUNDAMENTAL AS COMPARABLE WORTH. THE OBJECTIVE SHOULD CONTINUE TO BE TO PAY INDIVIDUALS ON THE BASIS OF THEIR PERFORMANCE AND WORK VALUE. CHANGES SHOULD NOT BE CONSIDERED WHICH UNDERMINE PAY FOR PERFORMANCE PRINCIPLES AND IN EFFECT MAKE PAY FOR PERFORMANCE AN EXCEPTION WHICH MUST BE JUSTIFIED WHEN USED. INSTEAD, PAY FOR PERFORMANCE SHOULD BE THE NORM USED FOR ADJUSTING EMPLOYEE SALARIES. ANY DEFINITION OF PAY EQUITY IMPLEMENTATION MUST RECOGNIZE AND ACCEPT AS APPROPRIATE DIFFERENCES IN EMPLOYEE PAY OCCASIONED BY TIME IN POSITION, MARKET, PAY FOR PERFORMANCE PRINCIPLES AND CONTRACT SETTLEMENTS. IT MUST ALSO RECOGNIZE AND GIVE CREDIT FOR GOOD FAITH IMPLEMENTATION EFFORTS AND THE FACT THAT COMPARABLE WORTH IMPLEMENTATION IS AN ONGOING EFFORT. EACH TIME A SALARY CHANGES, SO TOO DOES THE PAY STRUCTURE OF THE ORGANIZATION. MUNICIPALITIES MUST THEREFORE EXAMINE THEIR PAY PLANS REGULARLY TO ASSURE THAT THEIR PAY PLAN AND POLICIES ENSURE ACHIEVEMENT OF COMPARABLE WORTH INSOFAR AS POSSIBLE. IF A GOVERNMENTAL UNIT CAN DEMONSTRATE A GOOD FAITH EFFORT AND CONTINUED PROGRESS TOWARD ACHIEVEMENT OF PAY EQUITY, NO PENALTY SHOULD BE ASSESSED. 90-27 CONCURRENT DETACHMENT AND ANNEXATION (II-N) Prior to 1985 the changing of municipal boundaries initiated by property owners was limited to the single case where their property was totally surrounded by another- community. The 1985 legislation opened the possibility up to all property owners to initiate such action. This broad based allowance is problematic in some instances because of the City expense and intercity divisiveness that it causes. IT IS THE POLICY OF THE AMM THAT THE PROVISION ALLOWING PROPERTY OWNERS TO PETITION FOR ANNEXATION BE MODIFIED TO ALLOW PETITIONING UNDER ANY OF THE FOLLOWING CRITERIA. -THE PROPERTY OWNERS HAVE BEEN DENIED A REASONABLE USE OF THEIR LAND WHICH IS CONSISTENT WITH AND ALLOWED UNDER THE CITY' S COMPREHENSIVE PLAN AND ZONING ORDINANCE. THE PROPERTY OWNERS HAVE NOT BEEN DENIED A REASONABLE USE IF THE PERMITTED DEVELOPMENT HAS BEEN DEFERRED PURSUANT TO A PHASING OR STAGING PLAN. -THE COMPREHENSIVE PLAN DOES NOT ACCOUNT FOR SIGNIFICANT BARRIERS SEPARATING THIS LAND FROM SERVICE FROM THE CURRENT COMMUNITY INCLUDING ANY ABILITY TO ACCESS ITS STREET SYSTEM. -7- -PROPERTY OWNERS HAVE PAID FOR SPECIAL ASSESSMENTS FOR SERVICE BUT DUE TO ACTIONS TAKEN BY THE GOVERNING BODY ARE PROHIBITED FROM ANY CONNECTION TO THAT SYSTEM. BEFORE PROPERTY OWNERS INITIATE PROCEEDINGS UNDER THESE CONDITIONS THEY MUST UNDERTAKE A PROFESSIONAL PLANNING FEASIBILITY STUDY TO BE CONDUCTED BY A CONSULTANT TO BE SELECTED AND PAID FOR BY THE PROPERTY OWNERS. THE CURRENT COMMUNITY MUST APPROVE THE SELECTION OF THE CONSULTANT OR OFFER AN ALTERNATIVE CONSULTANT ACCEPTABLE TO THE PROPERTY OWNERS. IF AGREEMENT CANNOT BE REACHED, THE MUNICIPAL BOARD SHALL APPROVE A CONSULTANT . THE STUDY SHOULD EXAMINE THE PROPOSED DEVELOPMENT OF THE PROPERTY AND THE RAMIFICATIONS OF DETACHMENT AND ANNEXATION. THE STUDY SHOULD ADDRESS PHYSICAL PLANNING ISSUES, DELIVERY OF SERVICE AND ANY FINANCIAL RAMIFICATIONS TOGETHER WITH ANY IMPLEMENTATION PLAN. THE PROPOSED PLAN FOR THE PROPERTY SHALL BE PRESENTED TO THE CURRENT COMMUNITY. IF REJECTED BY THE CURRENT COMMUNITY, THE PROPERTY OWNERS SHALL PRESENT THE PLAN TO THE OTHER COMMUNITY. PRIOR TO A HEARING IN FRONT OF THE MUNICIPAL BOARD, AFTER THE PETITION HAS BEEN SUBMITTED, THERE SHALL BE A PERIOD TO ALLOW FOR MEDIATION BY THE CITIES. FAILING A MEDIATED RESULT , A REVIEW SHALL BE CONDUCTED BY THE REGIONAL PLANNING COMMISSIONS) OR METROPOLITAN COUNCIL WHERE THE CITIES ARE LOCATED. COMMENTS WILL THEN BE FORWARDED TO THE MUNICIPAL BOARD FOR CONSIDERATION. THE MUNICIPAL BOARD'S DECISION MUST BE BASED ON A BALANCING OF THE INTERESTS OF BOTH MUNICIPALITIES AND THE PROPERTY OWNERS. FACTORS TO CONSIDER SHOULD INCLUDE BUT NOT BE LIMITED TO: -THE EXTENT OF PUBLIC SERVICES THAT CAN BE PROVIDED BY EACH MUNICIPALITY; -THE FINDINGS OF THE REGIONAL PLANNING AUTHORITY REGARDING THE IMPACT ON THE REGIONAL SYSTEMS; -THE ECONOMIC IMPACT ON EACH COMMUNITY AND THE PROPERTY OWNERS; -THE EXISTENCE OF PHYSICAL BARRIERS WHICH SEPARATE THE PROPERTY FROM THE REMAINDER OF THE CURRENT MUNICIPALITY BUT NOT THE PROPOSED MUNICIPALITY; AND -ADDITIONAL CRITERIA INCLUDED IN MS 414.041 , SUBDIVISION 5. -8- 3 HOUSING AND ECONOMIC DEVELOPMENT 90-30 TAX INCREMENT FINANCE (III B-4) Tax increment finance (TIF) has enabled cities to plan and carry out housing, economic development, and redevelopment projects on their own initiative . TIF represents the most feasible and effective strategy or tool presently exercised by cities to preserve and improve their own physical and economic environment. TIF is virtually the only tool available to most cities for positive self intervention to curb the spread of blight and to encourage and manage sound economic development which is so vital to provide jobs and to maintain a healthy tax base. THE AMM ENCOURAGES THE LEGISLATURE TO RECOGNIZE THAT TIF IS THE CORNERSTONE OF THE ECONOMIC VIABILITY FOR MANY CITIES THROUGHOUT MINNESOTA. THE LEGISLATURE MUST ALSO RECOGNIZE THAT TIF ( 1 ) IS USED STATEWIDE, (2) IS EQUALLY IMPORTANT STATEWIDE AND (3) MUST NOT BE DEALT WITH ON ANYTHING LESS THAN A STATEWIDE BASIS. UNDER THE GUISE OF REFORM SIGNIFICANT AMENDMENTS HAVE PASSED IN RECENT SESSIONS WHICH HAVE FURTHER RESTRICTED THE ABILITY OF CITIES TO USE TIF. THE AMM IS WILLING TO COOPERATE WITH OTHER GROUPS AND THE LEGISLATURE IN AN IMPARTIAL AND THOROUGH REVIEW OF TIF TO DETERMINE WHAT IMPROVEMENTS ARE NECESSARY TO CONTINUE ITS CREDIBILITY AND SUPPORT SO THAT IT CAN REMAIN AN USEFUL ECONOMIC DEVELOPMENT TOOL. 90-31 COUNTY ECONOMIC DEVELOPMENT AUTHORITIES (EDA'S) Some County Officials through the Minnesota Association of Counties are asking that Counties be given EDA authority similar to cities. A bill was introduced in the 1989 Session to grant such authority . There may be areas of the state , particularly in Greater Minnesota , where it makes sense to do economic development projects on a larger geographic basis such as a County . Such rationale does not exist in the seven county area in the AMM' s judgement. THE AMM DOES NOT OPPOSE THE GRANTING OF ECONOMIC DEVELOPMENT AUTHORITY TO COUNTIES BUT BELIEVES SUCH AUTHORITY IS NOT NEEDED FOR COUNTIES IN THE METROPOLITAN AREA SINCE IT WOULD BE DUPLICATION OF AUTHORITY PRESENTLY EXERCISED BY CITIES. HOWEVER, IF SUCH AUTHORITY IS GRANTED TO METROPOLITAN COUNTIES IT MUST HAVE TWO LIMITS: ( 1 ) A COUNTY CAN NOT DO A PROJECT OR (2) LEVY AN EDA TAX IN A CITY WITHOUT CITY GOVERNMENT APPROVAL. 90-32 HAZARDOUS SITE CLEAN-UP LOAN FUND Minnesota cities have encountered difficulty in financing the redevelopment of sites that require clean up of chemical contamination . -9- An obvious source to evaluate for its potential as the necessary provider of additional funds is the state and federal superfund. However , the Superfund is a very limited resource which is only available to deal with the most seriously polluted sites presenting immediate health hazards. It will not be available within the foreseeable future to address the growing number of polluted sites that are encountered in the redevelopment process, and that are characterized by relatively lower levels of - contamination and less immediate threats to public health. The limitations of available redevelopment financing tools are such that they are not effective for contaminated sites without the infusion of an additional source of funds. To date, that source of additional funds has not been available. The inability to clean up and redevelop contaminated sites has significant negative effects on the area in which the sites are located , and has broad implications for general public health and safety. A mechanism for treatment and redevelopment of affected sites must be implemented. THE AMM REQUESTS LEGISLATION THAT WOULD ESTABLISH A STATE HAZARDOUS SUBSTANCE LOAN FUND TO PROVIDE LOANS TO MUNICIPALITIES FOR THE PURPOSE OF CORRECTING EXISTING HAZARDOUS SUBSTANCE PROBLEMS WHICH PREVENT DEVELOPMENT OF A SITE. 90-33 LAND USE PLANNING (III-C) Land use regulation by cities in the Metropolitan Area has been governed by the Municipal Planning Act ( MS 462 ) and the Metropolitan Land Planning Act ( MS 473 ) . While not a perfect framework, these acts have worked well for the vast majority of cities in the metropolitan area. Land use control for cities is more than just one of the many powers and occupies a significant part of the work of city councils and their staff . It has a significant impact on other community regulations , tax base , economic development and redevelopment. It is a driving force for creating service needs. Land use regulation is the common thread which runs through most of a city' s functions and operations. The legislation sponsored by the Governor' s Advisory Committee on state local - relations (ACSLR) and introduced in the last two sessions would have substantially altered the overall land use control framework including: 1 . Diluting the authority of local elected officials thereby reducing local accountability, particularly in the use of Conditional Use Permits and Variances. -10- 2. Establishing a new legal framework which would render moot much of the existing case law and existing codes and ordinances. 3. Leaving out significant aspects of present law which allows local officials the discretion to manage development in their cities. The proposed law may be well intentioned in attempting to create uniform land use rules for counties, towns, and cities rather than the present diverse enabling laws. However, need for such a major change has not been demonstrated at least for metropolitan cities. The proposal also does not adequately address the interface between the State Act and the Metropolitan Land Planning Act. The AMM through a special task force has been involved in this proposed revision to the state' s land use planning enabling statutes for two years. Significant improvements have been made to the proposal as a result of this involvement but problems still remain and the AMM may not support passage during the 1990 legislative session. THE AMM DOES NOT BELIEVE THAT MAJOR CHANGE IS NEEDED IN THE STATUTES WHICH GOVERN MUNICIPAL LAND USE PLANNING AND REGULATION. THE AMM OPPOSES CHANGES WHICH WOULD REDUCE LOCAL FLEXIBILITY AND MANY OF THE CHANGES CONTAINED IN THE ACSLR SPONSORED LEGISLATION ARE MORE PRESCRIPTIVE THAN CURRENT LAW. THE AMM DOES NOT BELIEVE THAT UNIFORMITY FOR THE SAKE OF UNIFORMITY IN STATE STATUTES GOVERNING MUNICIPAL LAND USE CONTROLS PROVIDES SUBSTANTIAL BENEFITS TO AMM MEMBERS. THE AMM WOULD SUPPORT LEGISLATION CONTAINING MORE EXPLICIT AUTHORITY FOR LOCAL GOVERNING BODIES PROVIDED SUCH AUTHORITY IS PERMISSIVE. THE AMM WOULD NOT OPPOSE MODIFICATION OF STANDARDS FOR GRANTING VARIANCES AND ADJUSTMENTS AS AN ALTERNATIVE TO THE CURRENT RIGID STANDARDS CONTAINED IN STATUTES. ANY SUCH STATE ENABLING LEGISLATION MUST ADDRESS THE INTERFACE WITH AND ELIMINATE CONFLICT WITH THE METROPOLITAN LAND PLANNING ACT. THE COSTS TO LOCAL UNITS TO IMPLEMENT SUCH LAW SHOULD ALSO BE REIMBURSED. 90-34 STATE LICENSED RESIDENTIAL FACILITIES (GROUP HOMES) (III-D) The AMM believes that persons with disabilities are entitled to live in the least restrictive possible environment and should have a range of residential choices throughout the state. The AMM also believes that residential based facilities ( i .e . Group Homes) should not be concentrated. Over-concentration of such facilities could have a negative impact on the community and on the facility residents. Recent amendments to the Federal Fair Housing Act may have an impact on the State ' s ability to regulate residential based facilities. However , the AMM believes that the principles _77_ contained in this policy are very appropriate and if state legislation is pursued it should not conflict with the AMM principles. The residents of residential based facilities come from our communities and the AMM believes that cities as one of the major institutions of our society have a responsibility to be a part of the solution by welcoming such facilities on a rational basis. ' The AMM believes that cities have a responsibility to be part of the solution , but it also believes that the state has the major responsibility to assure that the residents living in residential based facilities receive care and supervision appropriate to the extent of their disability. The state' s deinstitutionalization policy is directly linked to the need for more residential based care facilities in our cities and the state has the responsibility to provide sufficient funding to assure adequate care and supervision of the residents placed in such facilities. The state also has the responsibility to notify a city when such a facility is licensed so that the city is prepared to deal with emergencies that might occur in such a facility. The AMM also believes that the state has a responsibility to screen clients , particularly in the corrections area , so that persons placed in residential based facilities are not a danger to themselves, fellow residents, or the community. THE LEGISLATURE SHOULD ADHERE TO THE FOLLOWING PRINCIPLES WHEN DEALING WITH THE ISSUES OF DEINSTITUTIONALIZATION AND RESIDENTIAL BASED FACILITIES: -THERE MUST BE TIMELY NOTIFICATION TO CITIES WHEN A RESIDENTIAL FACILITY LICENSE IS ISSUED OR RENEWED IN ORDER TO PROVIDE THE CITY ADEQUATE OPPORTUNITY TO RESPOND. -STEPS MUST BE TAKEN TO AVOID THE CLUSTERING OF COMMUNITY RESIDENTIAL FACILITIES ATTRIBUTABLE TO ECONOMIC, GEOGRAPHIC OR PROGRAMMATIC EXPEDIENCE. STANDARDS OF NONCOM C ENTRAT ION FOR THE STATE OR FOR COUNTY-ISSUED RFP ' S SHOULD BE ESTABLISHED. IN ADDITION, FINANCIAL INCENTIVE PROGRAMS FOR PROVIDERS LOCATING IN NON-CONCENTRATED AREAS SHOULD BE EXPLORED. -THERE MUST BE ADEQUATE STATE FUNDING SO THAT THE RESIDENTS OF THESE FACILITIES RECEIVE PROPER CARE AND SUPERVISION. -THERE MUST BE A REALISTIC ONGOING SCREENING PROCESS TO ASSURE THAT PERSONS PLACED IN A RESIDENTIAL FACILITY WILL BENEFIT FROM SUCH LIVING ENVIRONMENT AND WILL NOT BE A DANGER TO THEMSELVES OR OTHERS. THE LICENSING AUTHORITY MUST BE RESPONSIBLE FOR REMOVING -12- ANY PERSONS FOUND INCAPABLE OF CONTINUING IN SUCH ENVIRONMENT. -FACILITIES LICENSED BY THE CORRECTIONS DEPARTMENT SHOULD NOT BE EXEMPT FROM REASONABLE LOCAL LAND USE REGULATIONS. -ANY LEGISLATION EFFECTING LAND USE CONTROLS SHOULD BE EXPRESSED IN TERMINOLOGY CONSISTENT WITH LOCAL LAND USE CONTROLS. 90-36 NEIGHBORHOOD LIVEABILITY Rapidly evolving social , demographic , economic and behavorial changes are converging on many cities creating new challenges that exceed their capacity to deal effectively with their new environments. These forces are having an immediate and drastic impact on certain neighborhoods. For example, affected cities are experiencing increased demands for public safety and protective inspection services at a time when their residential tax base is eroding . High rental vacancies and dilapidated housing make maintenance of housing stock especially difficult. Also, aging housing stock is not being rehabilitated , but abandoned. Growing concentration of low income households , many of whom are minorities , raise particular challenges. Drugs and criminal activity discourage many from locating in areas offering affordable housing . Additional human service and educational needs are experienced by community agencies and school . Finally, the ' flight of avoidance' by families and businesses that give diversity, strength and leadership to the community is creating long-term problems that need to be addressed immediately. These combinations of challenges exceed many communities ' financial and staffing capabilities to resolve the issues at hand. These problems , if not adequately addressed , will spread to other cities , resulting in premature economic losses ; i .e. , property equity, long-term community instability, and the under utilization of public infrastructure. THE CHALLENGES CITIES FACE WITH DETERIORATING NEIGHBORHOODS, CRIME, AND DRUGS NEED THE COOPERATIVE EFFORTS OF PUBLIC, PRIVATE, AND BUSINESS INTERESTS TO SOLVE. CITIES HAVE EXPANDED PUBLIC SAFETY, INSPECTION , AND HEALTH PROGRAMS; HAVE AGGRESSIVELY REPAIRED AND REPLACED INFRASTRUCTURE; I.E. , REPLACED STREETS AND PUBLIC UTILITY LINES; HAVE REMOVED DISEASED TREES, REDEVELOPED PARKS, REFURBISHED OR REPLACED NEIGHBORHOOD CIVIC FACILITIES; AND HAVE DEVELOPED PROGRAMS TO ASSIST LOW AND MODERATE INCOME FAMILIES, YET PROBLEMS CONTINUE TO GROW. CITIES SHOULD TAKE THE LEAD IN DEVELOPING STRATEGIES ON HON BEST TO DEAL WITH THE ISSUES. FOR EXAMPLE, INCREASED LEVELS OF PUBLIC SAFETY , PROTECTIVE INSPECTION, EDUCATIONAL, AND RECREATIONAL -13- SERVICES NEED TO BE ESTABLISHED AT TARGETED AREAS AND PROBLEMS. STATE AID AND GRANT PROGRAMS SHOULD BE ALLOCATED TO CITIES, COUNTIES, AND SCHOOLS TO ASSIST IN THE DELIVERY OF BASE LINE SERVICES. TO COMPLIMENT THIS, TAX POLICIES THAT ENCOURAGE QUICK REHABILITATION AND/OR REDEVELOPMENT OF AGING PROPERTY NEEDS TO BE STRENGTHENED. SEVERAL SPECIFIC STRATEGIES AND PROGRAMS SHOULD BE INVESTIGATED, INCLUDING: -AN EQUITY GUARANTEE PROGRAM - A MAJOR DEVELOPING PROBLEM IN SOME AREAS IS A HESITANCY TO PURCHASE HOMES FOR FEAR OF DECLINING VALUES. A PROGRAM WHICH GUARANTEES EQUITY COULD ALLEVIATE SUCH FEARS . SUCH A PROGRAM SHOULD BE LIMITED TO OWNER-OCCUPIED DWELLINGS AND TO AREAS WHICH MEET PREDETERMINED CRITERIA. OTHER CONDITIONS, SUCH AS CODE COMPLIANCE AND MINIMUM TIME OF OWNERSHIP COULD APPLY. THE PROGRAM COULD OPERATE SIMILAR TO THE FHA MORTGAGE INSURANCE PROGRAM AND, THEREFORE REQUIRE MINIMAL, IF ANY, PUBLIC SUPPORT. -CODE ENFORCEMENT - FOR AREAS JUST BEGINNING TO EXPERIENCE DECLINE , ADDITIONAL CODE ENFORCEMENT CAN BE AN EFFECTIVE , RELATIVELY LOW-COST STRATEGY. ADDING THIS CAPABILITY TO MUNICIPAL BUDGETS CAN BE DIFFICULT HOWEVER , GIVEN RESTRICTIVE LEVY LIMITATIONS. THE STATE SHOULD CONSIDER ALLOCATING FUNDS TO ASSIST MUNICIPALITIES WITH CREATING OR EXPANDING HOUSING CODE ENFORCEMENT PROGRAMS. CRITERIA COULD BE DEVELOPED AS TO WHEN MUNICIPALITIES WOULD QUALIFY AND FOR HOW LONG THE STATE ASSISTANCE WOULD BE AVAILABLE. -EDA LEVY AUTHORITY - CITIES CURRENTLY HAVE LIMITED AUTHORITY TO LEVY FOR EDA ACTIVITIES. CONSIDERATION SHOULD BE GIVEN TO EXPANDING THIS AUTHORITY. -HOUSING COURT JURISDICTIONS - THE JURISDICTION OF CURRENT HOUSING COURTS IS LIMITED TO MULTI-FAMILY BUILDINGS. ABSENTEE OWNERSHIP OF SINGLE-FAMILY DWELLINGS IS BECOMING MORE OF A PROBLEM AS ONE MOVES OUTWARD FROM THE CORE OF THE CENTER CITIES. CONSIDERATION SHOULD BE GIVEN TO EXTENDING THE JURISDICTION OF HOUSING COURTS TO SINGLE - FAMILY BUILDINGS. -RESIDENTIAL MARKETING - AREAS OFTEN SUFFER FROM PERCEPTIONS, WHICH UPON CLOSER EXAMINATION ARE NOT ACCURATE. FURTHER, MANY AREAS WITH OLDER HOUSING OFTEN HAVE A NUMBER OF ATTRACTIVE FEATURES WHICH MAY NOT BE WIDELY KNOWN. WHILE CITIES ARE BECOMING INCREASINGLY ADEPT AT MARKETING THEMSELVES TO ATTRACT BUSINESS DEVELOPMENT, MOST DO NOT SIMILARLY MARKET THEMSELVES TO ATTRACT OR RETAIN NEW RESIDENTS TO THEIR EXISTING HOUSING STOCK. THE STATE SHOULD ASSIST CITIES WHICH MEET CERTAIN CRITERIA IN DEVELOPING -14- RESIDENTIAL MARKETING PROGRAMS. -15- 4 METROPOLITAN AGENCIES 90-41 METROPOLITAN COUNCIL BUDGET AND WORK PROGRAM PROCESS (IV-F) The Metropolitan Council has an annual budget approaching 15 million dollars and its programs impact the two million plus people living in the metropolitan area . The budget document - should convey sufficient information so that the residents can determine what ' product ' is being produced and how much the 'product ' costs and the benefits. The budget process should commence early enough in the annual adoption cycle so that the residents can provide meaningful input as to goal and priorities. 41-1 BUDGET DETAIL AND SPECIFICITY The annual budget and work program document has been improved in recent years and contains more detail and specificity which enables public interest groups to make more reasoned recommendations but further improvements can be made. MANDATED OR NON DISCRETIONARY PROJECT, PROGRAMS AND ACTIVITIES SHOULD BE IDENTIFIED. PROJECTS, PROGRAMS AND ACTIVITIES WHICH MAY BE DISCRETIONARY BUT ARE TOTALLY OR MOSTLY FUNDED BY A FEDERAL OR STATE GRANT SHOULD ALSO BE IDENTIFIED. MORE INFORMATION SHOULD BE PROVIDED AS TO PREVIOUS YEARS EXPENDITURES AND PROGRESS FOR ON-GOING PROGRAMS, PROJECTS AND ACTIVITIES. 41-2 RELIANCE ON PROPERTY TAXES The AMM is concerned by the growing reliance on the property tax to support Council activities. Federal grants formerly funded about two/thirds of the Council Budget and the local property tax about one/third. The federal portion has now shrunk to about 20 percent. THE COUNCIL SHOULD MAKE A THOROUGH EXAMINATION OF THE PROGRAMS FORMERLY FUNDED BY FEDERAL GRANTS TO DETERMINE IF THEY ARE STILL NECESSARY AND WORTHWHILE WHEN ONLY LOCAL DOLLARS ARE INVOLVED. ADDITIONALLY THE COUNCIL SHOULD SEEK TO DIVEST ITSELF OF SERVICES THAT IT PERFORMS FOR THIS AREA, IF SUCH SERVICES ARE PERFORMED BY STATE AGENCIES FOR THE BALANCE OF THE STATE, OR SEEK STATE FUNDING FOR THOSE SERVICES. SOME AREAS WHICH NEED TO BE EXAMINED INCLUDE SOLID WASTE AND HEALTH CARE. 41-3 PROGRAM EVALUATION The Council usually levies the maximum or close to the maximum tax levy allowed. It is difficult for 'outsiders' to determine if internal evaluation is being performed to ascertain the effectiveness or necessity of council programs or if they are being continued because ' they have always been done' and there are sufficient funds available to do so. THE AMM BELIEVES THAT EVERY MAJOR COUNCIL PROGRAM/PRIORITY SHOULD -16- MEET THREE TESTS: -THE ISSUE OR PROBLEM BEING ADDRESSED IS IMPORTANT TO THE WELL BEING OF THE REGION. -COUNCIL INTERVENTION OR ACTIVITY WILL MAKE A DIFFERENCE. -COUNCIL EFFORT OR ACTIVITY DOES NOT DUPLICATE OR SERVE AS A SUBSTITUTE FOR A STATE LEVEL PROGRAM OR EFFORT OR WHAT SHOULD BE A STATE LEVEL ACTIVITY. 90-42 WATER MANAGEMENT IN METROPOLITAN AREA (IV-H) In order to safeguard the public health and the environment it is necessary to plan and manage our water resources as a valuable state and metropolitan resource . Most Water Management Organizations (WMO' s) , cities, and towns are doing a good job of dealing with surface and groundwater management issues and have the authority and ability to continue to do so in a cost effective manner. These existing mechanisms should continue to be used to the greatest extent possible to address surface and groundwater management problems , instead of establishing a new system or creating new organizations. Local units of government should retain the basic responsibility for surface water management, as they are the level of government closest to the problem. A major study is now underway under the direction of BOWSR to determine the effectiveness and appropriateness of the existing metropolitan area water planning and management structure. The AMM is represented on the study committee. THE AMM WILL WAIT FOR THE RESULTS OF THE REPORT FROM THE BEFORE MENTIONED STUDY BEFORE MAKING SUBSTANTIAL RECOMMENDATIONS FOR CHANGE IN THE STRUCTURE OR AUTHORITIES FOR WATER PLANNING AND MANAGEMENT. THE AMM DOES SUPPORT THREE SPECIFIC ACTIONS WHICH ARE NOT DIRECTLY RELATED TO THE STUDY: -THE SPECIAL LEVY STATUS SHOULD BE REINSTATED FOR THE COSTS OF IMPLEMENTING THE SURFACE AND GROUNDWATER MANAGEMENT ACTS. -THE ENVIRONMENTAL QUALITY BOARD (EQB) OR MINNESOTA BOARD OF WATER AND SOIL RESOURCES (BOWSR) SHOULD EXAMINE THE 1987 METROPOLITAN GROUNDWATER PLANNING ACT AND ASSESS IF COUNTIES ARE THE LOGICAL ENTITY AROUND WHICH TO STRUCTURE GROUNDWATER MANGEMENT IN THE METROPOLITAN AREA. -THE LEGISLATURE SHOULD PROVIDE FUNDS FOR ANY ADDITIONAL WATER PLANNING ACTIVITIES IT MANDATES ON CITIES. 90-43 WASTE STREAM MANAGEMENT (IV-I) The problem of managing the waste stream ( for all types of waste) is and will continue to be one of the major social environmental problems as we head into the next decade. We are -17- rapidly running out of space (capacity for land disposal) in the metropolitan area and there are no general disposal facilities in this state for Hazardous Waste. We are also learning that for many materials incineration may not De a good environmental alternative to landfill disposal . The existing waste management system centralizes responsibility at the state levelfor hazardous waste but requires the cooperation and support of all levels of government and the private sector. The solid waste system for the metropolitan area is essentially a three tiered system: cities control and regulate collection ; counties are responsible for 'siting' new landfills , developing abatement plans, developing processing facilities and regulating existing landfills; and the Metropolitan Council provides grants and has regional planning and coordinating responsibilities. The systems were intended to foster and encourage abatement, recycling and resource recovery for as much of the waste stream as possible and then to assure environmentally sound disposal for the remaining waste . In spite of a great deal of cooperation and coordination among and between the various levels and units of government and the private sector, some major problems appear on the horizon. While much has been accomplished during the past decade in improving the waste stream management system. Much remains to be done and any future legislation should take into account the following precepts. 43-1 INTEGRATED WASTE STREAM PLANNING The disposal of solid waste is a multifaceted problem which will require the cooperation and participation of all levels of government and the private sector to effectively develop a solid waste system which is cost effective and environmentally sound . To achieve such a system, all elements of the waste management hierarchy (reduction , reuse, recycling, composting, incinceration, landfilling) must be utilized . Further, it must be realized that an effective "system" begins before materials become "waste" and , as such, a comprehensive view of the entire life cycle of products is needed in order to succeed . -THE AMM ENDORSES THE CONCEPT THAT SINCE GOVERNMENT IS RESPONSIBLE FOR SOLID WASTE DISPOSAL, IT HAS A LEGITIMATE INTEREST IN BEING INVOLVED IN OVERALL WASTE STREAM MANAGEMENT. THIS MEANS THAT GOVERNMENT'S INTEREST BEGINS BEFORE MATERIALS BECOME "WASTE." -THE AMM ENDORSES A WASTE MANAGEMENT HIERARCHY WHICH INCLUDES REDUCTION, REUSE, RECYCLING, COMPOSTING, INCINERATION AND LANDFILLING. FURTHER, A COMPREHENSIVE SYSTEM MUST INCLUDE A MIXTURE OF ALL THESE ELEMENTS AND SHOULD NOT RELY SOLELY ON ANY ONE ELEMENT. _ig_ -THE AMM ENCOURAGES MORE ATTENTION BE GIVEN TO THE ALTERNATIVES OF REDUCTION, REUSE AND RECYCLING BY ALL LEVELS OF GOVERNMENT. +THE STATE SHOULD FUND THE DEVELOPMENT AND IMPLEMENTATION OF AN EDUCATION PROGRAM, WHICH ACTIVELY ENCOURAGES CITIZENS TO RECYCLE, COMPOST, REUSE AND REDUCE WASTE GENERATION. +LEGISLATION SHOULD BE INITIATED TO REQUIRE MANUFACTURERS OF PACKAGING AND PRINT MATERIALS TO ESTABLISH RECYCLING AND REUSE MARKETS. +ESTABLISH STATE REGULATIONS WHICH REQUIRE BEVERAGE AND FOOD RETAILERS TO HAVE A DEPOSIT AND RETURN PROCESS IN PLACE FOR REUSABLE AND RETURNABLE CONTAINERS. LEGISLATION SHOULD BE INITIATED TO REQUIRE DEPOSITS ON ITEMS WHICH DO NOT HAVE A VIABLE RECYCLING MARKET. -THE AMM OPPOSES ANY LEGISLATION WHICH WOULD LIMIT LOCAL INITIATIVES IN WASTE STREAM MANAGEMENT. -AMM SUPPORTS COMPOSTING AS A TECHNIQUE FOR REUSE OF YARDWASTES AND OTHER APPROPRIATE COMPONENTS OF THE SOLID WASTE STREAM. GIVEN THE JANUARY 1 , 1990 PROHIBITION ON LANDFILLING YARDWASTE, RESIDENTS AND REFUSE HAULERS NEED TO BE IMMEDIATELY PROVIDED WITH CONVENIENT LOCATIONS TO DEPOSIT BRUSH AND OTHER YARDWASTES FOR PROCESSING. COUNTIES WITH THE ASSISTANCE FROM THE STATE SHOULD BE RESPONSIBLE FOR LOCATING AND OPERATING COMPOSITING FACILITIES. 43-2 HAZARDOUS WASTE MANAGEMENT The improper disposal of hazardous wastes , through landfilling or incineration, poses a major risk of water and air pollution. Much has been done to monitor the generation and proper disposal of hazardous waste by business and industry, and these efforts should continue. However , the reduction , control and proper disposal of household hazardous wastes is a significant concern which needs to be addressed . (A. ) HOUSEHOLD HAZARDOUS WASTE. THE AMM SUPPORTS A STATE-WIDE PROGRAM TARGETED TO THE REDUCTION AND PROPER MANAGEMENT OF HOUSEHOLD HAZARDOUS WASTES, INCLUDING: -PERMANENT DROP OFF OR DISPOSAL SITES - STRATEGICALLY AND CONVENIENTLY LOCATED THROUGHOUT THE STATE WHERE ALL TYPES OF HOUSEHOLD HAZARDOUS WASTES CAN BE TAKEN FOR PROPER HANDLING, PROCESSING, OR DISPOSAL. -EDUCATIONAL AND POINT-OF-SALE INFORMATION FOR CONSUMERS NOTIFYING THEM OF THE HAZARDOUS NATURE OF CERTAIN PRODUCTS AND THE IMPORTANCE OF PROPER HANDLING. _19_ -INVOLVEMENT OF THE GENERATORS (RETAILERS) IN THE MANAGEMENT SYSTEM FOR HOUSEHOLD HAZARDOUS WASTES TO HELP ASSURE PROPER HANDLING AND PROCESSING. -INFORMATION TO CONSUMERS ALERTING THEM TO NON-HAZARDOUS SUBSTITUTES FOR HAZARDOUS HOUSEHOLD PRODUCTS . -ENCOURAGEMENT WHICH COULD INCLUDE INCENTIVES TO MANUFACTURES TO PRODUCE LESS HAZARDOUS PRODUCTS FOR USE IN HOUSEHOLDS. THE TOP PRIORITY OF THE HOUSEHOLD HAZARDOUS WASTE MANAGEMENT SYSTEM IS TO REDUCE THE AMOUNT PRODUCED. (B. ) COMMERCIAL/INDUSTRIAL HAZARDOUS WASTE. THE AMM SUPPORTS CONTINUED EFFORTS AT THE STATE LEVEL TO PROPERLY MANAGE INDUSTRIAL HAZARDOUS WASTES, INCLUDING THE RE-USE, RECOVERY AND RECYCLING OF AS MUCH HAZARDOUS WASTE AS POSSIBLE. THAT WHICH CANNOT BE RE-USED OR REPROCESSED MUST BE DISPOSED OF IN AN ENVIRONMENTALLY SOUND MANNER. MANUFACTURERS SHOULD ALSO BE ENCOURAGED TO REDUCE THE AMOUNT OF HAZARDOUS MATERIALS USED IN THEIR MANUFACTURING PROCESSES. 43-3 METROPOLITAN/COUNTY RESPONSIBILITIES. As noted previously, the cities have the responsibility for waste collection including implementing and managing most recycling type programs . The other waste stream management responsibilities are basically split between the Metropolitan Council and the Counties. Considerable progress has been made in recent years in certain parts of the waste stream management system particularly those aspects for which cities are responsible. But several significant problems beyond the control of cities are becoming evident including: the inability of the counties to site needed waste facilities ( landfills , transfer stations, compost sites, etc . ) , fluctuating and/or lack of markets for some recyclables, uneven funding among counties to run the low tech systems , and the radical variance in disposal costs throughout the metropolitan area . Some of these problems are urgent and significant changes may need to be made in the waste stream management system in the metropolitan area. Some of the current waste stream management concerns are similar to the concerns which precipitated the formation of other regional commissions. SERIOUS CONSIDERATION SHOULD BE GIVEN TO THE FORMATION OF A REGIONAL SOLID WASTE COMMISSION. IT COULD BE PATTERNED ALONG THE LINES OF THE RIB STRUCTURALLY INCLUDING HAVING LOCAL ELECTED OFFICIALS SERVING AS COMMISSIONERS. MORE ANALYSIS AND STUDY IS NEEDED TO DETERMINE THE TOTAL LIST OF FUNCTIONS TO BE ASSIGNED TO SUCH COMMISSION BUT MOST FUNCTIONS NOW PERFORMED BY THE METROPOLITAN COUNCIL AND THE COUNTIES SHOULD BE GIVEN STRONG CONSIDERATION INCLUDING THE FOLLOWING: -20- -RESPONSIBILITY FOR SITING CERTAIN TYPES OF WASTE PROCESSING AND DISPOSAL FACILITIES. -REGULATION OF DISPOSAL CHARGES (TIPPING/FEE) TO PROVIDE MORE FAIRNESS AND EQUITY. -DISTRIBUTION OF FUNDS TO SUPPORT THE LOCAL RECYCLING PROGRAMS. -DISTRIBUTION OF OTHER GRANT FUNDS NOW MANAGED BY THE METROPOLITAN COUNCIL -MOST OTHER FUNCTION PERFORMED BY THE COUNCIL EXCEPT FOR THE PLANNING FUNCTIONS (LONG RANGE POLICY PLANS, ETC. ) . -COORDINATION OF MARKETING EFFORTS FOR RECYCLABLES. 43-4 LOCAL SOLID WASTE MANAGEMENT RESPONSIBILITIES The AMM acknowledges that cities have certain responsibilities in helping to manage and implement an effective solid waste management system including recycling programs and the collection systems. THE AMM BELIEVES THAT THE SYSTEM OUGHT TO BE FLEXIBILE AND BASED ON PERFORMANCE STANDARDS AND/OR GOALS RATHER THAN MANDATED TECHNIQUES. TO HELP ACHIEVE RECYCLING AND ABATEMENT GOALS, THE AMM WOULD SUPPORT THE CREATION OF A DISPOSAL SYSTEM WHERE INCENTIVES ARE PROVIDED TO RESIDENTS WHO REDUCE THEIR VOLUME OF WASTE THROUGH ABATEMENT, RE-USE AND SOURCE SEPARATION ACTIVITIES. THE RESPONSIBILITIES NOW ASSIGNED TO CITIES FOR SOLID WASTE MANAGEMENT SHOULD REMAIN WITH THE CITIES. 43-5 FUNDING The current funding system for solid waste has a number of drawbacks: It does not encourage maximum utilization of the waste disposal hierarchy; it often gives no incentive to individual residents to participate in recycling; it does not differentiate between generators of ' clean' waste and ' problem' waste; and it has given no assurances that the main sources of funding are related to the entities incurring expenses. -AMM BELIEVES THAT IN GENERAL FUNDING THE SOLID WASTE SYSTEM SHOULD COME FROM THE GENERATORS OF SOLID WASTE THROUGH THE COST OF DISPOSAL. IN PRACTICAL TERMS, THIS MEANS THAT THE TIP FEE SHOULD BE THE GENERAL, ALL-PURPOSE VEHICLE FOR FUNDING. -AMM BELIEVES THAT THE SALES TAX AS A FUNDING MECHANISM IS NOT DESIRABLE, SINCE IT APPLIES NOT ONLY TO DISPOSAL, BUT ALSO TO THE SERVICE OF COLLECTION. -IN GENERAL, THE FUNDING SYSTEM SHOULD ENCOURAGE MAXIMUM USE OF THE WASTE HIERARCHY. IT SHOULD COST MORE TO DISPOSE OF WASTE IN LANDFILLS THAN IN RESOURCE RECOVERY FACILITIES. -AMM SUPPORTS THE CONCEPT THAT MATERIALS WHICH CAUSE SPECIAL -21- PROBLEMS IN THE WASTE STREAM SHOULD BEAR THE COSTS (THROUGH THE COST OF PURCHASING THE MATERIALS) ASSOCIATED WITH THESE PROBLEMS. -AMM ENCOURAGES PROVIDING FINANCIAL INCENTIVES SUCH AS VARIABLE AND DIFFERENTIAL FEES TO RESIDENTS WHO PARTICIPATE IN RECYCLING. -ANN BELIEVES THAT ANY FUNDING SYSTEM MUST GUARANTEE DISTRIBUTION OF THE MONIES TO ALL ENTITIES INVOLVED IN THE SYSTEM. 43-6 ORGANIZED COLLECTION Organized collection serves as a viable and important method for municipalities to achieve solid waste abatement. It is a type of service agreement that allows cities proper regulatory power over their solid waste collection system . It provides municipalities the opportunity to choose the type of solid waste collection that would best serve their residents. ' Just Compensation ' legislation is designed to limit municipalities regulatory power in the area of solid waste collection . In placing severe financial penalties on municipalities that undertake organized collection , ' Just Compensation' legislation infringes on municipalities rights to establish intangible service agreements for municipal services. -THE AMM ENDORSES THE CONCEPT OF ORGANIZED COLLECTION AS A VIABLE METHOD FOR MUNICIPALITIES TO ASSERT REGULATORY POWER OVER THEIR SOLID WASTE COLLECTION SYSTEMS. -THE ANN BELIEVES THAT ORGANIZED COLLECTION MUST CONTINUE TO BE AVAILABLE TO CITIES AS THEY CHOOSE A TYPE OF SOLID WASTE COLLECTION SYSTEM THAT WOULD BEST SERVE THE NEEDS OF THEIR RESIDENTS. -THE AMM OPPOSES ANY LEGISLATION THAT WOULD IMPOSE COMPENSATION PENALTIES ON MUNICIPALITIES WHO CHOOSE TO IMPLEMENT A SOLID WASTE COLLECTION SYSTEM. 43-7 HOST CITIES AND CLEANUP RESPONSIBILITIES While solid waste facilities are components of county and regional solid waste management systems, they must be located in individual cities. Because the number of facilities is limited, the effects of hosting these facilities is not equally shared among cities. Most of these effects are negative - an increased likelihood and incidence of water, soil , air , and noise pollution ; and increased amount of litter and offensive odors; a greater likelihood of adverse impacts on values of neighboring properties ; a need for increased maintenance on public streets and highways ; and potential threats to public health and welfare in areas immediate to and along access routes to these facilities. Longer-term -22- impacts may affect cities if the organizations responsible for facility operations cease as financially viable entities. Safeguards need to be enacted for host cities for the operations and clean up responsibilities associated with solid. waste facilities. The trend within the metropolitan area has been to internalize present and future costs of solid waste management on current generators of solid waste. These costs should include the extra and adverse financial impacts borne by host communities. Cities host these regional facilities because of accidents of geography. Liabilities for these facilities should be shared across the region. -THE AMM SUPPORTS THE CURRENT COMPENSATION LEVEL ALLOWED THROUGH SURCHARGE FEES AS A MINIMUM LEVEL; THIS COMPENSATION SHOULD BE CONTINUED OR INCREASED. THIS FORM OF COMPENSATION SHOULD BE AVAILABLE TO ALL TYPES OF SOLID WASTE FACILITIES. -THE AMM BELIEVES THE HOST COMMUNITIES SHOULD NOT BEAR A FINANCIAL LIABILITY ASSOCIATED WITH SOLID WASTE FACILITIES. COSTS INCURRED FOR MONITORING OPERATIONS AND CORRECTIVE ACTIONS SHOULD BE BORNE BY FACILITY OPERATORS OR, IN THE ABSENCE OF SUCH REGULATIONS, BE ASSUMED BY THE STATE OF MINNESOTA. LEGISLATION NEEDS TO BE STRENGTHENED SO AS TO EXEMPT CITIES FROM ANY PRESENT AND FUTURE LIABILITY ARISING FROM OPERATIONS OF SOLID WASTE FACILITIES. LEGISLATION SHOULD FURTHER ESTABLISH THAT PROCEEDS FOR FUTURE REMEDIAL ENVIRONMENTAL ACTIONS BE IN A TRUST FUND. -THE AMM WILL SUPPORT LEGISLATION WHICH CLEARLY ARTICULATES THAT REMEDIAL ENVIRONMENTAL ACTIVITIES ARE THE RESPONSIBILITY ONLY ON THE PERMITTED OPERATOR AND/OR THE STATE OF MINNESOTA. -THE AMM BELIEVES THAT LOCAL PROPERTY TAXING AUTHORITIES SHOULD NOT BE FORCED TO LEVY HIGHER PROPERTY TAX RATES BECAUSE SOLID WASTE FACILITIES MAY DEPRESS PROPERTY VALUES WITHIN PARTS OF THE TAXING JURISDICTION. OPERATORS SHOULD BE REQUIRED TO PAY ADDITIONAL FEES COMMENSURATE WITH THE ADVERSE TAX REVENUE IMPACT RESULTING FROM LOWER VALUES ON NEIGHBORING PROPERTIES. -THE AMM WILL SUPPORT MEASURES WHICH REQUIRE THAT OPERATORS OF SOLID WASTE FACILITIES GUARANTEE THE PURCHASE VALUE OF PROPERTIES WHICH ARE INFLUENCED BY THEIR PROXIMITY TO THOSE FACILITIES. -23- 5 TRANSPORTATION 90-51 REGIONAL TRANSIT SYSTEM (V-R) The purpose of a Transportation System is to provide mobility for people and accessibility to and for economic development and services. The most effective system will make maximum use of all transit alternatives and strategies where they are most appropriate, thus, creating a truly integrated system. Exclusive reliance on only freeways is imprudent and possibly cost prohibitive primarily due to social and economic upheaval of established neighborhoods for right of way acquisition. Transit improvements are imperative , but even with implementation of various load increasing strategies, the capacity is finite and will reacn unacceptable saturation limits within the forseeable future. The AMM supports more coordination and integration of Transit and Highway planning and implementation. THE REGIONAL TRANSIT SYSTEM SHOULD BE A COMBINATION OF SHORT AND LONG HAUL SYSTEMS AND BE INCLUDED IN ALL PLANNING DOCUMENTS AT ALL LEVELS INCLUDING EIS STUDIES. THE LONG HAUL SYSTEM SHOULD INCLUDE HOV LANES, EXPRESS BUSES, AND THE LIGHT RAIL TRANSIT SYSTEM WHICH SHOULD BE BUILT WHEN IT IS APPROPRIATE AND FINANCIALLY FEASIBLE IN EACH CORRIDOR OF THE AREA TO CONNECT RESIDENTS TO JOB, RETAIL, AND COMMERCIAL CENTERS. THE SHORT HAUL SYSTEM COULD INCLUDE A VARIETY OF MODES, INCLUDING A TAXI SYSTEM, BUSES, AND PARK AND RIDES ADEQUATE TO CONNECT THE LONG HAUL SYSTEM AND REGIONAL CENTERS, MAJOR TRIP GENERATORS AND COMMUNITIES, BOTH URBAN AND SUBURBAN. BUS SYSTEMS AND ESPECIALLY LRT SYSTEMS SHOULD INCLUDE AMPLE REGIONAL PARK AND RIDE FACILITIES, WITH EASY ACCESS, CONSISTENT WITH THE PLANNING OF A REGIONAL ENTITY TO ACCOMMODATE THE NEEDS OF THE PUBLIC. FEEDER SYSTEMS SHOULD BE A MAJOR CONSIDERATION FOR BUS PARK AND RIDE AND LRT STATIONS. PLANS SHOULD BE CONSIDERED TO USE VAN POOLS TO ALSO FEED THE PARK AND RIDES FOR EXPRESS BUSES AND LRT. ALL TRANSIT MODES AND TRANSPORTATION SYSTEM MANAGEMENT POLICIES SHOULD BE GIVEN EQUAL CONSIDERATION NOW AND IN THE FUTURE IN ORDER TO PROVIDE THE BEST TRANSPORTATION SYSTEM POSSIBLE TO THE METROPOLITAN AREA. THE FINANCING FOR THE REGIONAL SYSTEM SHOULD BE BORNE IN PROPORTION TO THE BENEFIT OR SERVICES RECEIVED. 90-52 CSAH DESIGNATION County State Aid Highways located within cities may not be abandoned , changed , or revoked without the concurrence of the governing body of the city unless the city refuses or neglects to -24- approve plans for construction which are in conformance with CSAH standards for a period of one year . Counties would like the authority to change designation without preparing expensive plans and without city concurrence based on changing conditions. Cities are concerned about abandonment of major county roadways without appropriate maintenance. Therefore; THE AMM OPPOSES ELIMINATION OF CITY COUNCIL CONCURRENCE FOR COUNTY STATE AID HIGHWAY ABANDONMENT, CHANGE, OR REVOCATION UNTIL SUCH TIME AS STANDARDS CAN BE DEVELOPED. -25- l6 as ociation of mee�ropolitan municipalities October 3, 1989 Dear City Manager/Administrator : Enclosed are copies of the proposed 1990 AMM Legislative policies. We have enclosed a copy for you and additional copies for your Mayor and each City Councilmember . WE WOULD APPRECIATE IT IF YOU WOULD DISTRIBUTE THE COPIES TO YOUR ELECTED OFFICIALS AS SOON AS POSSIBLE. The membership meeting, to consider and adopt these policies , will be held the evening of Thursday, November 2, 1989. More information will be forthcoming shortly as to the specific time and other details of this membership meeting. We appreciate your cooperation in this matter and please do not hesitate to call me should you have questions. 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N.�Y O � N N M H N M OJ\O H M Q\ H H H HI � W V Q a Y V 0 0 0 0 0 0 00 O 000 O O O O O O O O O O O O 00 O H H H H H H H H H H R H H H H H H H H H H H H H H H H 0 0 0 0 0 0 00 0 000 0 0 0 0 0 0 0 0 0 0 0 0 00 0 H 1 1 H H R H H U O O 00 n) 4) N N N W o)07 a7 c0 0) aD o) m OJ N O Q) N N o) 00 O L. SE QyV O H OH SS SS088 SSSSSS SSSSSY� SO e S S SSSp SoSSSOS 8 p p S g 0 S o 0 oO 000 0No0000OOO S . . . . . 4O OMm MON N H H M O N N OO O NNN MN NM N N N mOO N M N NN H Z D M 1 M N N N -y' M .y .7 Y 1 -7 -7 1 -Y -7 -S > M N N .7 1 -Y - . H H v� 1 1 H H M H H H H H H H H H H H 1 .Y H H H H H £ P 0 0 w of w N N w m N c0 Ol c0 m o0 c9 N W 0 m m o) m 00 0 R o oto m � gm M N M 6 M X U Y m C Z O E U F W W W O 0. F m >a +a W Y m ti +a F m W F Y F O v > F L Y G O C W > E O Qi U O a 0 v w o a pp - m G H .7 NWN INnTO O� 1- 4 VJ E' O C NF Mm mMMNM j U U 6 M! U 6 C U � Y m to O8 0O0 7 O M N M Y E y ^ m Q M Y Y Ski N tR N GGp y m F k CFE C W N W N >> E 4 W m Y 3 Y O m Y 6 d W F N F U F >C 3 >.,+ u > OO OO O O �} aN 00 O F Ou = W N N N N G i l l l l l H Z U w 00 OOIN—�aMO�m F N 0 O N N O O NX H N Y U O N O U O N H N � R N 00 M E Y 0 0"M m £ o X000 CONSENT lea. MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Partial Vacation of Easement oin The Meadows 2nd Addition DATE: October 9, 1989 INTRODUCTION: The attached resolution sets a public hearing for the consideration of the vacation of part of an easement lying within Lots 1 - 4, Block 3, The Meadows 2nd Addition. BACKGROUND: The City has received a request from the developer of the Meadows 2nd Addition for a partial vacation of the utility and drainage easement lying within Lots 1 -4, Block 3, The Meadows 2nd Addition. The easement in question is part of the largest easement running through The Meadows let and 2nd Addition for the Upper Valley Drainage Project. The utility and drainage easement is 120 feet wide. The petition is for the vacation of the Northerly 20' (approximately) of that part of the easement lying within Meadows 2nd Addition. The vacation of 20' of the easement will increase the buildable area of Lots 2 and 3 of Block 4. The City Engineer has been in touch with the developer and has determined that the City does not need this 20' for the Upper Valley Drainage Project. In order to formally vacate this 20' of utility and drainage easement, it is necessary for the City to follow the statutory procedure and conduct a public hearing. The public hearing is set for Tuesday, November 21, 1989, at 7:30 p.m. RECOMMENDED ACTION: Offer Resolution No. 3130, A Resolution Initiating the Partial Vacation of a Utility and Drainage Easement Lying Within Lots 1- 4, Block 3, The Meadows 2nd Addition, Scott County, Minnesota, and move its adoption. JSC/tiv fni \0'S 1 I • • ri ffi ~ "68 E p � ? r /•fry ti �' a \\S $! q I I OI " 0 ,015 , Sol Od n LI 40 q i \ � o m / ` \� , g / h 3 � / by�h 00I � q a In ��`� 0691 / • �, (�^' I / q � 1 ri g i 70 do IA 00 W r-'; �� 6• I X60 0. aR i. � � � • Ory tis � -\,�_ I �. �`yt5 N RESOLUTION NO. 3130 A RESOLUTION INITIATING THE PARTIAL VACATION OF A UTILITY AND DRAINAGE EASEMENT LYING WITHIN LATS 1 THROUGH 4, BLOCK 3 , THE MEADOWS 2ND ADDITION WHEREAS, a petition has been received requesting the partial vacation of a utility and drainage easement lying within Lots 1 - 4, Block 3, The Meadows 2nd Addition; and WHEREAS, a public hearing must be held before action on the vacation can be taken and two weeks published and posted notice thereof must be given. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that a hearing be held in the Council Chambers on the 21st day of November, 1989, at 7:30 P.M. , or thereafter, on the matter of vacating part of the utility and drainage easement lying within Lots 1 - 4, Block 3, The Meadows 2nd Addition, Scott County, Minnesota. BE IT FURTHER RESOLVED, that two weeks published notice be given by publication in the Shakopee Valley News and posted notice be given by posting a copy of such notice on the bulletin board in the main floor of the Scott County Courthouse and the bulletin board in the Shakopee City Hall. Adopted in adj . reg. session of the City Council of the City of Shakopee, Minnesota, held this 17th day of October, 1989. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1989. City Attorney Memo To: Dennis Kraft, City Administrator From: Gregg Voxland, Finance Director Marilyn Ramer, Personnel Coordinator Re: 1989 Payplan Amendment Resolution No. 3131 Date: October 11, 1989 Introductio Attached is Resolution No. 3131 amending Resolution No. 2999 adopting the 1989 Payplan for the Officers and Non-union Employees of the City Shakopee. Background On September 5, 1989 the Shakopee City Council gave the City Administrator the authorization to perform several personnel changes within City Hall. One of the positions authorized at that time was the creation of the Assistant City Administrator position. The 1989 Payplan must be amended to add this classification. For purposes of determining a pay range, the TSP (comparable worth) points for that classification shall be 81, the same as the Administrative Assistant until the individual filling the Assistant City Administrator position has been in the position a minimum of six months and a new TSP has been taken to establish the points. This is consistent with the transfers of several secretaries recently. The market portion of salary is determined by comparing to Stanton group five (cities over 10,000 pop.) classifications. A 50/50 blend of Administrative Assistant, Stanton Job No. 171 and Assistant Mgr. or Adm, Stanton Job No. 173 has been used due to the fact that cities reporting Assistant City Managers/Adm. average 33,155 pop. with City Managers and may not be totally comparable. Action Recuested Offer Resolution No. 3131 Amending Resolution 2999 adopting the 1989 Payplan. �f i RESOLUTION NO 3131 A RESOLUTION AMENDING RESOLUTION NO. 2999 ADOPTING THE 1989 PAYPLAN WHEREAS, the Shakopee City Council did pass Resolution No. 2999 adopting the 1989 Payplan; and WHEREAS, the City Administrator has been authorized to create the position of Assistant City Administrator; and WHEREAS, the 1989 Payplan must be emended to add the classification of Assistant City Administrato. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shakopee, Minnesota, that the 1989 Payplan is hereby amended as follows: The pages containing the 1989 Payplan pay schedules and footnotes are hereby deleted and replaced with the attached pay schedule and footnotes. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of October, 1989. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of October, 1989. City Attorney CITY OF SHAROPEE 11-0<t-89 Print 16-Dec-88 Revised 1989 Pay Plan ----_________ __ _____________________________Step __ Step Stepp StepD PP pp JOB TITLE OVT t1 75tf t i2-1 Tr 83-2Yr 86 3Yr i5 4Yr ib ((Top) --------------------___----_______ 80X 85X 90% 95X 160Y _______________________________________________ ________ ___________________---------------------------------------------- Fin. _________ City Admin. ____________________________________ Fin. Director EE 35 42,169 66,981 47,792 50,603 53,414 36,226 Como. Deve10 Dir E 33,44p 35,669 3827 7;898 60;327 42,357 44,586 Police Chiefp E 37,689 39,988 62,688 46,987 67,486 49,986 Cam,. Seiner Dir E 29,582 35,060 37,251 39,642 41,636 03,825 City Engineer E 33,965 36,208 38,471 40,734 42,997 45,260 PN Superintendent. E 30,137 32,146 34,335 36,165 38,174 40,183 Building Official 29,470 31,635 Assistant Cit E 33,400 35,364 37,329 39,294 City Clerk y Ate ' E 27,460 29,294 31,125 32,936 36,787 36,618 E 25,825 27,546 29,268 30,990 32,713 34,433 __Step ____Step_-____Step_-____Step_____________________ i1-St_art i2-3Yr i3-2Yr ib (Top) Plaaner II ___�5 ---28-6-6 80X_-__-_90Y_-- SOOY E 26,837 ___________________________ Dep Chief 28,626 32,205 35,783 Ad...l,. e E 31,534 33,636 37,840 42,045 MIS CoordimtorE 24,618 261259 29,542 32,824 Program Suppervisor E 25,678 27,390 30,814 34,238 Eng. Caordlnatar E 26,086 25,690 28,901 32,112 Ass't Bldg Inspect 25,169 26,847 30,203 33,559 Housing Inspector 24,181 25,793 29, 017 32,242 Planner I 24,181 25,793 29,017 32,242 Sr.Act.Clk/Pranl.Cord. 23,383 24,941 28,059 31,177 Tech III 23,420 24,982 28,104 31,227 Tech II 21,698 23285 ,144 26,037 28,930 Secret aryry 16,831 17,953 20,198 22,462 Acct'g Clerk 15,766 16,817 18,919 21,021 Clerk/Typist IT 15,640 16,683 18,768 20,854 Clerk/Typist I 13,838 14,760 16,605 18,450 Receptionist 13,537 14,440 16,245 18,050 Custodian 13,697 14,611 16,437 18,263 2e12d89F Footnotes: A) The City has adopted the use of bench marks where they exist. Positions not on bench marks use the Dints achieved on the Control Data TSP's. E) Market for 1988 is defQned as Stanton Group 5 averages. C) MIS Coord. is average market of MIS Coord, as per Coon Ra ids, Henn. Cry, LOGIS, Carver C[yy Fridley, Edina and Egan. Stanton had no Jog classification fitting MIS. D) Sr. Act&. Clerk)Perao.01 Coordinator is average at of Sr. Clerk and Admin. Assistant. E) Theoints 9Xablendpofapolntseversus market to ouseditoties meetarequiremennaf lawthatPoints carry more weight than market. F) The dollsr value per point Is assigned based on the Finance Director. This was the beat fit across the pay ranges that existed 11 the 1986 pay plan and that position was moat consistent between the Stanton metro and G) The 2Xpadjuatmeai la etopreducenmarkar dueutomincreaaed9lth City9cis riI'tion to h.aver"!ndSlifeon increase for 1988. H) Park Leadman market data la 20 180 blend of market for Foreman and Parkkeeper. Package. Street Foreman mark.[ la 50150 bland of foreman and HEO. I) Juvenile Office r's points at. close to Detective rather than to Officer, therefore the market for Detective is used. There fa no Stanton posit Ion for Juvenile Off icer J) The range of error for 1989 La 5X. My pay within 5X of the ay plan is considered accurate and will not have an adjustment made. plan evolutQon over the next couple of years R) Th ere lla�noPttrueud dbe.ch mark&for AdmLn�aAselt CebutitherCOCratudy of ed a range of L AsaLecant5C4CynAdminisara[oro4aarabmarket his omark 50150 Administrative As a Latent and Assistant to City Administrator. IOU 4.0 •y V OSiY S.aibNq rNNb IOU �9ppwayNyNo.H�S48 U .; ry11 L1 M9N9L� JK a �j O „ qF O a Lal (1 O bq G .w Q�i qF 1i aU � a p U.C1 Ca0 � Cy0 q .IK m e �4N Y O oapX yK bm AT Y KN 4 Y � Y Y •a �O < c Yw9 [� m H w H w n "'• • w :O e� vn p ou.ONiWeWNJJNUWJ r NCF r N 1 nq O C e/ e .K Y. ✓. ✓' I n • W m b ' • 6 a < Ar r e e • aC o` _ u vaaasaaaavaaaaa J aaaa vv u a :H\ O Y yW ymy,Jy yW ytlyyyyyyyy y y :< F �� a e ^ pNNMbbNNPNNbNbb N°T °TP Yw e9 �.Ni bn � F NNNMbN g3NNNNN Nggq 4 q .M NNyN yN jpNjp ypNy �L/��/�Li�p N/.N/.�L�L^yN^NNH0. KM MM r3� N q i 09 •.- ..mJ _eWNJ _J. tlJtl •v � � � $ JUtl Woomb _aJ NWJ 9Y ; e o g • • _ :Igo I < q a a s u 90 ptl 1GLl n `C Pa i i i i • i � w pr PW or or . or § ( �§ § ,;) _ pir � ■ � . �� , . ) 0 .1 Rp ) § mE §{ |§ or _ � ! { ! � . IF \ \) )§ � 4W g « | §||§§§ |§|||||�E a ; §„ ® � 0 . 01 ) | _ mozzwzwzmmmzzzz � . ,,;, � |§;;|;|; ; a • )f :�=�)_ _ a ■ .- �! , . . . � � 71d . � io - . . � ! � f !, §• : Am .� {■�§ §, ! , � � = Ag 69 . -0 DRAFT P SITICN DESCR rrON Position: Assistant City Arbunistrator Department: Administration Accountable To: City Administrator Position Oblective An experienced professional position which assists the City Administrator with all administrative functions of the city including: coordinating and facilitating Personnel administration, Management Information System, Economic Development and Cable TV activities; staff liaison to committees and commissions, special research projects; applications for State & Federal grants; ani represent the City Administrator in the Administrator's absence as well as create and maintain a position image of the city. Examples of hark 1. Assists the City Administrator in researching, developing and monitoring administrative polices and procedures for the jurisdiction. The Assistant City Administrator may represent the City Administrator in the Administrator's absence at the request of the Administrator and/or City Council. 2. Coordinates, expedites and facilitates Personnel adminstration; keeping abreast of all State and Federal personnel legislation thereby assuring personnel program is conducted in accordance with applicable laws, regulations and policies; and recuumiends policy changes to the Admmistrator. 3. Coordinates the Management Information System's activities in the acquisition and use of microcorq3uters, associated equipment, software and related training within the jurisdiction. 4. Arltlnlstere and promotes econmmic development activities in a manner that will assure effective programs and development in accordance with applicable ocmprehensive plans and ordinances. a) Assists/directs consultants in assisting the City in Economic Development Projects and makes recommendations to the City Administrator regarding city ordinances and policies affecting economic development. b) Coordinates the use of economic development financing options, assists local businesses in utilizing available state and federal financing programs, develops local programs to meet individual business needs and writes or searches for grants as necessary to contribute to the overall achievement of economic development goals and objectives. 5. Serves as principal city contact for the Cable TV Franchise, preparing agendas and staff reports, attending and making oral presentations at ij related meetings, and resolving citizen questions and complaints. 6. Conducts research, procedural and administrative studies on subjects under consideration by the City Council and/or City Administrator, analyzes data and prepares reports recommending solutions or courses of action. 7. Represents the City as a liaison with various organizations, individuals and groups on official city business, and assures that positive and effective communications are maintained, keeping City administrator promptly informed of all significant matters he/she must know to perform effectively. 6. Performs other duties andassumes other responsibilities as apparent or assigned. Knowledge, skills and Abilities Knowledge of modern principles and practices of administrative management. Working knowledge of public sector financing, levying and taxing laws, budgeting techniques, personnel practices, and a scud understanding of state laws and local ordinances relating to the activities of municipalities. Ability to develop and maintain effective working relationships with City Council, employees, general public and other governmental agencies. Effective verbal and written communication skills plus the ability to plan and follow through on a wide variety of assignments, summarize findings in a concise manner with observations and recommendations for their implementation. Experience and Training College degree supplemented by Master's Degree in Public Administration or related field. Five years supervisory/administrative experience in a governmental unit or equivalent. CONSENT //c MEMO TO: Dennis Kraft, City Administrator FROM: Ray Ruuska, Engineering Coordinator SUBJECT: Marschall Road Watermain, Project No. 1987-4 DATE: October 10 , 1989 INTRODUCTION: Council action is required for a resolution accepting work on the Harschall Road Watermain, Project No. 1987-4 . BACKGROUND: All of the work for this project has been completed in accordance with the contract document. A signed copy of the Certificate of Completion is attached . ACTION REQUESTED: Offer Resolution No. 3133 , A Resolution Accepting Work on Marschall Road Watermain , Project No . 1987-4 and move its adoption. RR/pmp ri G RESOLUTION NO. 3133 A Resolution Accepting Work On The 1987-4 Public Improvement Program Marschall Road Watermain Project WHEREAS, pursuant to a written contract signed with the City of Shakopee on September 3 , 1987 , G.L. Contracting, Inc. , P. O. Box 340 , Hopkins, MN 55343 has satisfactorily completed the Construction of the Marschall Road Watermain, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 19 _ City Attorney CONSENT 1 ( d MEMO TO: Dennis Kraft, City Administrator FROM: Ray Ruuska, Engineering Coordinator SUBJECT: Huber Park Trail, Project No. 1987-15 DATE: October 10 , 1989 INTRODUCTION: Council action is required for a resolution accepting work on the Huber Park Trail, Project No. 1987-15 . BACKGROUND: All of the work for this project has been completed in accordance with the contract document. A signed copy of the Certificate of Completion is attached. ACTION REQUESTED: Offer Resolution No. 3134 , A Resolution Accepting Work on Huber Park Trail Project, Project No. 1987-15 and move its adoption. RR/pmp RESOLUTION NO. 3134 A Resolution Accepting York On The 1987-15 Public Improvement Program Huber Park Trail Project WHEREAS, pursuant to a written contract signed with the City of Shakopee on June 15 , 1988, Job Erection & Engineering, Inc. , P. O. Boz 316 , Shakopee, MN 55379 has satisfactorily completed the Construction of the Huber Park Trail Project, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved. BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract in the amount of $2,500.00 taking the contractor' s receipt in full. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this _ day of 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 19 City Attorney CONSENT I1V MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Administrative Assistant RE: Prisoner of War Live Siting Report - Resolution No. 3136 DATE: October 11, 1989 INTRODUCTION• Councilmember Zak has requested the City Council to consider passing a resolution requesting the convening of a congressional investigation to determine the status of live siting reports of Americans still held in captivity in Vietnam. BACKGROUND: Minnesota Won't Forget POW/MIA was formed in 1984 to assist the Minnesota League of POW/MIA families in promoting public awareness throughout the State of Minnesota on the POW issue. Minnesota won't forget POW/MIA is a non-profit, all volunteer organization with no political affiliations. At the present time there are estimated to be nearly 2400 missing persons from the Vietnam War. Among them are 42 Minnesotans. The United States Government has maintained that there are 70 "discrepancy cases", that is, cases where men were known to be POW's. In January of 1989, the out going Reagan Administration issued a report saying it had found no evidence that Americans were prisoners in North Vietnam after 1973. But the Defense Department report also refused to declare that all the nearly 2400 Americans listed as missing in Southeast Asia are dead. Coincidently, in January of 1989 a Japanese Buddhist Monk was released from a Vietnamese prison camp and has stated that he is certain that several white men held with him were U.S. prisoners of war who helped him survive his 13 year incarceration. The Minnesota Won't Forget POW/MIA organization has requested assistance from local governments to support them in their efforts to convene a congressional investigation to determine the status of the most recent live siting report and to review evidence of the 9200 other live siting reports of Americans still missing in action from the Vietnam War. Several other communities in the State have approved resolutions in support of the Minnesota Won't Forget POW/MIA efforts. Attached is Resolution No. 3136 a resolution asking for congressional investigation of the most credible American prisoner of war live siting report in recent years. Approval of this type of resolution would not be contrary to any current standing city policy. ALTERNATIVES• 1. Approve Resolution No. 3136. 2. Do not approve Resolution No. 3136. 3 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative #1. li ACTION REODESTED• Offer Resolution No. 3136, a resolution asking for congressional investigation of the most credible American prisoner of war live siting in recent years and move its approval. RESOLUTION NO. 3136 A RESOLUTION ASKING FOR CONGRESSIONAL INVESTIGATION OF THE MOST CREDIBLE AMERICAN PRISONER OF WAR LIVE SITING REPORT IN RECENT YEARS. WHEREAS, sixteen years have elapsed since the agreement to end American involvement in the war in Southeast Asia; and WHEREAS, one of the conditions of the agreement was a provision for the return or an accounting of those persons who were missing in action or prisoners of war; and WHEREAS, Congress has previously established hearings to consider evidence relating to the status of American prisoners and those missing in Southeast Asia; and WHEREAS, on January 28, 1989 a Japanese Buddhist Monk, was released by the Vietnamese Government after being held for 14 years (1975 - 1989) in a Vietnamese re-education camp; and WHEREAS, the Japanese Monk has stated that there were 5 or 6 English speaking prisoners of war being held in the same camp verified by Vietnamese political prisoners to be Americans; NOW THEREFORE BE IT RESOLVED by the City Council of Shakopee that on behalf of the concerned citizens and family members of Americans missing in action, the City Council hereby requests the convening of a congressional investigation to determine the status of this live siting report and to review evidence of the 9200 other live siting reports of Americans still missing in action from the Vietnam War. Approved in this session of the City Council of the City of Shakopee, Minnesota, on this day of 1989. Mayor of the City of Shakopee ATTEST City Clerk Approved as to form this _ day of 1989. City Attorney MEMO TO: Dennis R. Kraft, City Adm' istrator U FROM: Judith S. Cox, City Cl er RE: Amending Salaries of Counci embers DATE: October 11, 1989 INTRODUCTION & BACKGROUND: AT their regular meeting on October 3, 1989, the City Council discussed the prepared Ordinance No. 274 which increased the Councilmember salaries by 100%, pursuant to earlier direction. After discussion Council moved that the salaries be set for Councilpersons at the minimum amount needed to qualify for membership in PERA and that the Mayor's salary be set at 120% of the Councilmembers salary. The attached Ordinance No. 274 has been rewritten to reflect this motion. (Ordinance No. 274 has not yet been offered for adoption. ) RECOMMENDED ACTION: Offer Ordinance No. 274, 4th Series, An Ordinance of the City of Shakopee, Minnesota, Amending the City Code Chapter 2 Entitled "Administration and General Government" By Amending the Salaries of Mayor and Councilpersons as Set out in Section 2.13, Subd 1, and by Adopting by Reference Shakopee City Code Chapter 1 and Section 2.99, Which Among Other Things Contain Penalty Provisions, and move its adoption. JSC/tiv ry w J O d O b O_ w Q � ~ O � A i Y J � F �• S F a Y < �+ � � � w A D d • w � N N • 3 } U 9 Z y � < m a g cox 0 P W — A N 6 P N W D A -O m D P W O D H a n G G A J N � P B W 6 fA A � D N A 9 V H � bju n 6 G W N 6 P m N B m m m m P Vi a = F-` fD rt r m 140 9 n � T[•1 a mr m m n 0 m U N Z 3 O M n s wO m m rn N rt M W W - D D D = = o kµ N N m N P m N W N P N m 0 P W N N 7 fes.. 6 6 6 6 6 6 b G 6 B 6 9 B 6 6 N a M0 M N O 3N 6 B e G 9 6 O A 6 6 6 6 6 O B 6 B m a D k W b T z v0� M O A •G w W a W N a W D W W A W J W W W W =Z 6 G g P mmp N pGp d qPq B W m P m A G P 0 C 9 O O A 6 � O O d m 9 � 6 ® 8 � m d � G D ~O Y• D N � • r m °' Y• ' O B O m N O 6 B m 8 B 6 J � m m F'• N lZZ"1 M n ORDINANCE NO. - 274 Fourth Series An Ordinance of the City of Shakopee, Minnesota, Amending the City Code Chapter 2 Entitled "Administration and General Government" by Amending the Salaries of Mayor and Councilpersons as Setout in Section 2.13, Subd 1, and by Adopting by Reference Shakopee City Code Chapter 1 and Section 2.99, Which Among Other Things Contain Penalty Provisions THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: SECTION I: AMENDMENT The Shakopee City Code is hereby amended by changing Subd. 1 of Section 2.13 to read as follows: Section 2.13. Salaries of Mayor and Councilpersons. Subd. 1. Salaries of Mayor and Councilpersons effective January 2, 1990, and which amount are deemed reasonable and proper, are hereby fixed as follows: A. The salary of the Mayor shall be 120% of the Councilpersons salary. B. The salary of each Councilperson shall be the minimum amount needed to qualify for membership in Public Employees Retirement Association (PERA) . SECTION II: PENALTY PROVISIONS Shakopee City Code Chapter 1 entitled "General Provisions and Definitions" applicable to the entire City Code including penalty for violations and section 2.99 entitled "Violations a Misdemeanor" are adopted in their entirety by reference as though repeated verbatim herein. SECTION III: 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 be in full force and effect on and after January 2, 1990. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of 1989. ATTEST: Mayor of the City of Shakopee City Clerk Approved as to form this day of 1989. City Attorney MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Designation of a Director and Alternate Director to the Minnesota Police Recruitment System DATE: October 11, 1989 INTRODUCTION• The City Council needs to appoint a director and alternate director to the Minnesota Police Recruitment System. BACKGROUND: The City of Shakopee has been a member of the Minnesota Police Recruitment System (MPRS) for a number of years. This organization assists the City, and many other municipalities, in the hiring of police officers. Each member has both a director and an alternate director. Currently the City of Shakopee's representatives on this group are John Anderson and Tom Brownell. In that neither currently works for the City the City has no official representation on the MPRS Board. It is desireable that the City Administrator be designated as director and that the Acting Police Chief be designated as alternate director until such time as the permanent Police Chief is hired. ALTERNATIVES• 1. Appoint Dennis Kraft as director of the MPRS and appoint John DuBois as alternate director. 2. Appoint other persons to serve in the capacity as director and alternate director. RECOMMENDATION• It is recommended that Dennis Kraft and John DuBois be appointed as director and alternate director respectively of the MPRS. ACTION REOUESTED: Offer Resolution No. 3137, a resolution designating director and alternate director to the Minnesota Police Recruitment System, and move its adoption. RESOLUTION NO. 3137 A RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO THE MINNESOTA POLICE RECRUITMENT SYSTEM WHEREAS, in Resolution No. 2104 Tom Brownell and John K. Anderson were designated as the City's initial Director and Alternate Director, respectively, in the Minnesota Police Recruitment System, both of whom have resigned their employment with the City of Shakopee. NOW, THEREFORE BE IT RESOLVED THAT THE APPOINTMENTS OF Tom Brownell and John K. Anderson to the Minnesota Police Recruitment System are hereby terminated. BE IT RESOLVED that Dennis R. Kraft is hereby designated to serve as a director of the Minnesota Police Recruitment System and John DuBois is hereby designated to serve as alternate director of the Minnesota Police Recruitment System until their successors are appointed. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of 1989. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1989. City Attorney TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Bids for 1947 American LaFrance Fire Truck 6 Other Equipment DATE: October 16, 1989 Introductio The City has received one bid for the sale of the surplus fire truck, one bid for the Fire Dept. air bottles and no bids for the hose expander. Background The City Council recently declared the 1947 American LaFrance fire truck surplus property. In accordance with the City Code, bids were solicited for the sale of the truck. Advertisements were place in the League of Cities magazine and the Minnesota Smoke Eater. Bids were due October 15, 1989. One bid from the Anoka-Fridley Auctions has been received in the amount of $2,053.00. Their bid is valid until October 20, 1989. Twelve Scott IIA air bottles were also advertised for sale and one bid from the Willow River Fire Department in the amount of $1,212.00 was received. Alternatives 1. Reject the bids for the Fire Truck. 2. Accept the bid of Anoka-Fridley Auctions for the fire truck in the amount of $2,053.00. 3. Reject the bids for the air bottles. 4. Accept the bid of the Willow River Fire Dept, for the air bottles in the amount of $1,212.00. Recommendation Alternative numbers 2 and 4. Ac_ tion Move to accept the bid of Anoka-Fridley Auctions in the amount of $2,053.00 for the 1947 American LaFrance fire truck and the bid of the Willow River Fire Deptartment in the amount of $1,212.00 for the 12 Scott IIA air bottles. MEMO TO: DENNIS KRAFT CITY COUNCIL FROM: JIM KARKANEN-PUBLIC WORKS SUBJECT: NO PARKING SIGN REMOVAL DATE: OCT. 17 , 1989 INTRODUCTION: The Shenandoah Ballroom on E. 4th Avenue and Shenandoah Dr. installed "NO PARKING" signs on E. 4th Ave. when the building was erected in 1984 . These signs are no longer needed on this roadway. and our department is requesting Council to authorize their removal for maintenance purposes. BACKGROUND: There are 6 "NO PARKING" signs installed on the shoulder of E. 4th Avenue on the west side of the intersection with Shenandoah Drive. These signs are continually being vandalized, and create a maintenance problem for mowing. and snow removal operations in that area. The Street department is requesting that these unneeded signs be removed because they are not serving any useful purpose in the area. The ballroom does not have any severe parking problems that would require overflow parking on 4th Ave. except on isolated occasions. These "NO PARKING" signs were installed by the developer, Prahm-Coll . Inc. , as agreed upon by the recordable developers agreement approved by Resolution s 2224 , which was adopted in regular session by the City Council on April 3 , 1984. These signs were originally requested by Mr. and Mrs. Gene Goemer of 2525 E. 4th Ave at the Public Hearing for the Prelim- Coll plat . They were concerned with a possible overflow of parking on the roadway which could affect their residence. which is about a block east of the intersection. We have discussed this situation with Mrs. Goemer and she readilv admits that the signs are not needed. because the potential parking problem never materialized. .Also, she does not foresee any potential Problems . and would not object if the signs were removed. We have. however, assured her that if the signs were ever to be needed in the future, that we would cooperate with her to have them re- installed if needed. we have discussed this with Doug Wise, the City planner, and also with John DuBois , the acting Chief of Police. They have no objection to the removal of the signs . ACTION REQUESTED: Authorize the Public Works department to remove the 6 "NO PARKING" signs on 4th Ave. . west of Shenandoah Drive as requested. A Resolution Approving The Final Plat Of ee Prahm-Coll First Addition -2, rrE_< jf- 4/ WHEREAS, the Planning Commission of the City of Shakopee did approve the Final Plat of Prahm-Coll First Addition on February 9, 1984 and has recommended its adoption; and WHEREAS, all notices of hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS, the City Council has been fully advised in all things. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAEOREE, MINNESOTA, that the Final Plat of Prahm-Coll First Addition, described as follows: The North 340. 34 feet of the West 639.85 feet of the East 705.85 feet of the Northeast Quarter of the Southwest Quarter of Section 5, Township 115, Range 22, Scott County, Minnesota and that part of the West 639.85 feet of the East 705.85 ft. of the Northeast Quarter of the Southwest Quarter of Section 5, Township 115, Range 22, lying South of the North 340. 34 feet of said Northeast Quarter. of the Southwest Quarter. Together with: The West 639.85 feet of the East 705.85 feet of the North 2.0 rods of the Southeast Quarter of the Southwest Quarter of Section 5, Township 114, Range 22, Scott County, Minnesota, be, and the same hereby is approved and adopted with the require- ments that: 1. Approval of a Title Opinion by the City Attorney. 2. Execution of a recordable Developers Agreement which provides for: A. Park Dedication - fee for Block 1, Lot 1 to be paid at the time a building permit is issued. The park dedication fee for the fifteen acres in Outlot A shall be fioured when Outlot A is re- platted and paid prior to issuance of a building permit. B. Outlot A - shall remain a fifteen acre nonbuild- able outlot that shall be replatted prior to issuance of any building permit. C. Assessments - the developer shall agree to the City Engineer's method of apportioning the in- stallments remaining unpaid against said pro- posed plat and that the developer waives his right to apealing the apportionment. D. Construction of Sewer and Water Lines - i. 1) Along 4th Avenue from the VIP Inter- ceptor Sewer to the west line of Prahm-Coll First Addition. 2 ) 700' South of and parallel to 4th Avenue from the VIP Interceptor Sewer to the west line of Prahm-Coll First Addition. E. Future Easement - dedication of an easement across Outlot A in the event that the property west of Outlot A is developed prior to the replatting of Outlot A. F. No Parking Signs - shall be installed on the North and South sides of Fourth Avenue which extend 100' beyond the East and West property lines. G. Street Lights - shall be installed on the East and West property lines where they abut Fourth Avenue, according to SPUC standards. BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and the same are hereby authorized and directed to execute said approved Plat and Developer's Agreement. Adopted in 41f!N//�.n�J session of the City Council of the City of Shakopee, Minnesota, held this day of 19�. i Ma or of the City 01 Shakopee ATTEST: 7 Ci y Clerk Approved as to form this / day of 19 LO Guc(� City Attorney tn&ia-J MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Hiring of an Assistant City Administrator DATE: October 17, 1989 INTRODUCTION• The Assistant City Administrator position is open. An interview for the position was conducted and a recommendation is contained in this memo. BACKGROUND: The recent reorganization of the administrative staff has included the addition of an Assistant Administrator. This person will assist the City Administrator in economic development, personnel, and MIS related activities. This person will also be responsible for being the City's principal contact with the cable TV franchise and will conduct the necessary meetings in this area as well as resolve citizen questions and complaints. The Assistant Administrator will also be responsible for conducting research and performing administrative studies on subjects under consideration by the City Council or the City Administrator. Additional responsibilities included functioning as a liaison representing the City as directed by the City Administrator as well as functioning as Acting City Administrator in the absence of the City Administrator. The position was advertised internally and one application was received. An interview was conducted with the applicant, Barry Stock. At this time it is recommended that Mr. Stock formally be appointed as Assistant City Administrator at Step 5 of the Assistant Administrator Pay Plan. Step 5 represents a one step increase over his present salary. It is anticipated that this position, like others which have been recently filled will result in a time spent profile (TSP) being conducted in approximately six months in order to more accurately reflect the responsibilities of the position. RECOMMENDATION• It is recommended that the City Council formally authorize Barry Stock to be transferred to the position of Assistant Administrator at a annual salary of $34,787. ACTION REQUESTED' Move to transfer Barry Stock to the position of Assistant Administrator, effective October 18, 1989 at a annual salary of $34,787 (Step 5 of the Assistant Administrator pay plan) .