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HomeMy WebLinkAbout11/03/1993 4/3 Monthly Project Report - Submitted by Barry Stock November 1, 1993 Project Start Complete Status Comments 1 . Mem. Park Playground 6/1 10/15 25% Council Equipment approved 8/3 2 . Clinic RFP' s ? ? 0% 3 . AWAIR Program ? ? 0% 4 . Complete new employee 7/1 10/1 90% job descriptions . 5 . Develop new employee 1/1 11/1 90% performance evaluation format . 6 . Perform Employee 1/i ? 0% Evaluations 7 . Carpet Library 9/1 11/31 0% Quotes received. & Handicapped Compliance 8 . Pest Control RFP' s 5/1 11/15 0% 9 . HVAC Equipment 6/1 8/1 100% Inventory 10 . Rehab Grant Program 5/4 10/5 95% Amendments 11 . Park Improvement Plan 8/24 11/15 100% 12 . Rec . 1994 Fee Schedule 9/1 11/15 100% 13 . Comm. Youth Bldg. Rehab 9/1 9/25 100% Sheetrock/Gutters Complete 14 . City Hall Mtg. Room 9/1 9/7 90% Policy 15 . Sell surplus property 9/15 11/15 50% Inven. Complete clean out old City Hall Sale in Nov. 16 . City of Shakopee Bldg. 11/1 12/15 0% Maint . RFP' s Other Comments The Recreation Dept. workload is as projected. September Activity report attached. The Building Dept . Building activity report for September attached. 4: / OFFICIAL PROCEEDINGS OF THE COMMUNITY DEVELOPMENT COMMISSION SHAKOPEE, MINNESOTA OCTOBER 19, 1993 The meeting was called to order at 5 : 00 p.m. with the following members present; VanHorn, Unseth, Dirks, Albinson, Brandmire and Phillips . Commissioner Miller was absent . Barry A. Stock, Assistant City Administrator and Steven Cross, Architect were also present . Comm. Albinson noted two changes to the minutes . He noted that the name of the business park in Shakopee is Valley Green Business Park not Industrial Park. He also noted that the American Can Warehouse is 300 , 000 square feet not 350, 000 square feet . Dirks/VanHorn moved to approve the minutes of the September 15, 1993 meeting as amended. Motion carried unanimously. Mr. Stock noted that earlier in the week he met with officials from Northern Hydraulics who were considering acquiring the Poulliot Design building in the Industrial park. Northern Hydraulics site list is down to two communities . If they acquire the Poulliot Design building site they would add an additional 50, 000 sq. ft . The site would be used for manufacturing and warehouse space. The site would employ approximately 30 employees . Mr. Stock stated that based on the comments made by the Northern Hydraulic officials he felt Shakopee was their second choice at this time . Mr. Stock shared with the Commission an excerpt that was in the Minnesota Ventures Magazine highlighting commercial/industrial opportunities in the south metro area. Mr. Stock also noted that Pablo' s Restaurant has requested the City to convey the property in front of his restaurant to him for the purpose of constructing a flower garden and fountain. Mr. Stock noted that staff is investigating the appropriate method of conveyance at this time . Mr. Steve Cross stated that he has completed his architectural work on the building facades in the downtown area. He presented his final drawings to the Commission for their review and consideration. Mr. Cross distributed a list of guidelines and program elements for the City to consider in regard to the Cityscape plan that he has developed. The guidelines and elements are basically the notes that he utilized in completing the project . Mr. Cross reviewed his plan for the alley behind the Pullman Club. He noted that in this area he is suggesting that a wall be constructed for masking purposes . The masking wall would also be used to screen garbage dumpsters . Mr. Cross also noted that he felt the downtown alleys should be done using a paver or bolmonite type of surface that would give it some texture. Mr. Cross felt that the alleys should be designed to create a visual experience at eye level . Official Proceedings of the October 19, 1993 Community Development Commission Page -2- Mr. Cross then reviewed the major components of his cityscape district plan. He felt the district should contain the following: 1 . First plaza, an anchor development of new construction on the North side of 1st Avenue . 2 . Face lifting and signage for existing buildings . 3 . Relocation of period buildings from surrounding area including property on North side of 1st Avenue. 4 . Construction of new buildings and square footage additions . Mr. Cross then reviewed some guidelines that he would like to see followed in the cityscape district . He noted the following: 1 . Existing buildings are to emphasize brick construction using red and or cream color brick as selected by the City. 2 . Windows and door are to be "historical" or "post modern" in character. Emphasis should be placed on cornice lighting and street level detail . 3 . Signage shall be of an awning type or cantilever structure . Color and graphics on the awnings are to be left at the tenants option. 4 . Building should be relocated from the first plaza anchor development block to fill gaps in the existing district . The train station should also be relocated into the downtown area proper. 5 . New construction in the downtown area should be two level . Mr. Cross then reviewed cityscape elements that he felt should be pursued by the City: 1 . Remove existing buildings from first plaza site (property North of 1st Avenue) and solicit developers to develop the site . 2 . Rename the section of 1st Avenue within the district to 1st Plaza and give alleys in the district names . Alleys and 1st Plaza should be resurfaced in brick colored concrete with a unique paving pattern and/or surface . 3 . Continue the use of historic street lighting. 4 . Street planting boxes should be of a cast iron design to complement the street furniture which should include benches, brick walls, kiosks, and public posting areas . 5 . Establish new street signage in the district in times roman letters, gold on black background. Mr. Cross then noted the cityscape elements that he felt should be the responsibility of the building owners : 1 . Building owners should provide awning or covered walkway along streetfront sidewalks . 2 . Building owners should rebrick areas using City approved brick A or B. Muted tones in approved colors should be utilized for Official Proceedings of the October 19, 1993 Community Development Commission Page -3- building exteriors . Windows, doors, and design detail should follow the cityscape elevation and guidelines . 3 . Utilize the City Grant Program as the initiative for development that will benefit others in the district through individual building improvements . 4 . Provide and maintain a flower planting area, flower window boxes or planting at an entry area. 5 . Lighting of building to use an approved district light fixture . Should be placed on building parapet/cornice lighting and pedestrian walkway alley lighting. Mr. Cross stated that he felt it was important for building improvements in the downtown are to be reviewed by the City and that the building owners utilize an architect . He felt this would keep people going down the right path in terms of consistency with the elements he has suggested. Comm. Unseth questioned what Mr. Cross felt would be a reasonable fee for an architect on an average building redesign. Mr. Cross stated that the fee could vary significantly depending upon the desires of the property owner. He stated that he felt that an average price would be approximately $500 . 00 per design. Comm. Phillips asked Mr. Cross what he felt would be the average range to improve building facades in the downtown area. Mr. Cross again stated that it would vary greatly between the buildings in the downtown area depending on the final design selected by the property owner. He felt that an average price for an awning would range between $5, 000-$15, 000 . When you get into brick work and rebricking buildings in the downtown area he noted that some of the improvements could go as high as $50, 000 . Comm. VanHorn stated that he liked the idea of selecting light fixtures for buildings . He asked Mr. Cross if he completed anything in his design in terms of alley lighting. Mr. Cross stated that he believes that with the alley improvements and the alleys serving as major walkways he felt the property owner should pursue fixtures that are attached to their buildings to light up the alleys . Mr. Cross again stated that he felt the City should select and encourage the use of two standard light fixtures that can be attached to building surfaces . Discussion ensued on the downtown Rehab Grant Program Guidelines . Mr. Stock stated that at the last meeting there was a consensus to delete several elements from the program. Mr. Stock stated that he would like the Commission to discuss several other issues this evening including whether or not the Rehab Grant Program should require the use of an architect . Mr. Stock stated that earlier today he had the opportunity to meet with Mark Miller regarding the agenda. Comm. Miller stated that he felt it was critical for the Grant Program to require the use of an architect . Since we have eliminated the ranking criteria and the CDC will be the major review authority, Mr. Miller felt that in order for the Commission to objectively review the proposals that an architectural drawing Official Proceedings of the October 19, 1993 Community Development Commission Page -4- in design would be necessary. Comm. Albinson concurred and stated that without architectural drawings we would be receiving sketches that were completed by property owners which would not give an accurate display of what will exactly happen in terms of design. Comm. Unseth questioned what the minimum grant award is? Mr. Stock stated that the minimum grant award is $500 . This means that the applicant would have to complete a $2000 project . Comm. Unseth questioned whether or not the grant minimum is too low to justify the use of an architect . Mr. Stock stated that he felt the grant minimum was too low. He stated that the majority of the grants awarded have been for very small improvement projects that the property owner probably would have completed on their own irregardless of the grant program. He stated that the minimum amount should be increased so that property owners are encouraged to take the extra step and consider improvements that they might not have otherwise thought of . Comm. Brandmire concurred. He stated that for a smaller project he could not justify using an architect for a simple repainting project . Additionally, Comm. Brandmire stated that he did not feel that a simple painting project was the type of project that we wanted to fund. Comm. VanHorn stated that he felt we needed to maintain control in building design. He felt that the requirement of an architect could assist us in that endeavor. Comm. VanHorn also stated that even with an awning, it was critical for the Commission to see how that awning would look on a particular building. Without an architectural drawing to scale, Comm. VanHorn stated that he would have a very difficult time making a decision on whether or not an improvement was worthy of funding. VanHorn/Dirks moved to amend the Rehab Grant Program Guidelines increasing the grant minimum amount to $1000 . 00; include a provision requiring the use of an architect and establish the following grant scale : Grants between $1, 000-10, 000 (4 , 000-40, 000 total project cost) - 25% grant; projects between $10 , 001-$25, 000 - ($40, 001-100, 000 project cost) - 33% grant . Discussion ensued. Comm. Phillips stated that he felt the Rehab Grant Program over the past three years has just barely scratched the surface . He stated that he was supportive of increasing the grant amount for major projects in order to stimulate some redevelopment in the downtown area. Comm. Brandmire concurred. He stated that with what we' re expecting out of some of these property owners in terms of brick work, he felt 33% was not out of line. Motion carried unanimously. Discussion ensued on the downtown redevelopment plan strategy. Mr. Stock reviewed specific objectives that have been identified by the Commission over the last four months in regard to downtown redevelopment . He stated that many of the objectives require acquisition of property which will result in significant expense. Comm. Brandmire stated that he felt the City should try to acquire some of the property North of 1st Avenue without having to go Official Proceedings of the October 19, 1993 Community Development Commission Page -5- through the condemnation process . He stated that he felt there might be several property owners who are willing to sell their property outright . Mr. Stock stated that he was not sure whether or not the City could acquire property without an appraisal . He stated that he would have the City Attorney investigate this matter. Discussion ensued on whether or not a request for proposal process should be recommended to the City Council . Mr. Stock stated that he felt the request for proposal process was fairly time consuming and would send a message to property owners on the North side of 1st Avenue that acquisition might be eminent . This could artificially increase the cost of the parcels . Mr. Stock went on to state that typically developers do not like the RFP process because it requires extensive work on their part with no guarantee that they will be selected or that the project will be pursued at all . Mr. Stock stated that perhaps prior to submitting a development plan strategy to the City Council and HRA that the Commission should attempt to informally visit with developers to get their comments . Comm. Albinson stated that while the Commission members believe their is development potential for Blocks 3 and 4 , we are not sure if there is a developer who would actually take on the project . He felt that there are several developers that would be willing to sit down with Commission members and provide input and comment on the design strategy envisioned by Mr. Cross . This would provide us with an indication whether or not there would be real interest in redevelopment of Blocks 3 and 4 . It was the consensus of the Commission to hold a special meeting on Wednesday, November 3rd at 5 : 00 p.m. to brainstorm on the strategy to utilize presenting their plans and concepts to City Council and the HRA. It was also suggested that prior to that time several developers be contacted to comment on the redevelopment concept for Block 3 and 4 . Comm. Albinson requested that a discussion regarding the creation of a historical preservation district and ordinance also be placed on the November 3rd agenda. Comm. Albinson noted the correspondence from Bill Laing and Todd Schwartz representing Marquette and Norwest Banks respectively. Comm. Albinson requested staff to draft a correspondence thanking the two banks for their assistance in facilitating downtown redevelopment . Meeting adjourned at 6 :45 p.m. TO: Dave Hutton, City Engineer FROM: Tom Steininger, Chief of Police SUBJECT: Unsafe Traffic Condition DATE: 10-19-93 INTRODUCTION: The speed limit in front of the Junior High School allows traffic to move at a speed that unreasonably endangers children attempting to cross Marschall Road in front of the Junior School. BACKGROUND: Recently, Dr Vicki Petzko, the Principal of Shakopee Junior High School wrote the City Administrator a letter advising him of her observations regarding an unsafe traffic/pedestrian situation in the area of the school. The problem is caused by vehicles being operated at speeds which make it unreasonably difficult for children to cross Marschall Road near the school. A copy of her letter is attached to this memo for your information. Approximately a year ago, at my request, the City Council directed staff to take the appropriate steps to lower the speed limit on Marschall Road between East Fourth Avenue and Vierling Drive to 30 miles per hour. A copy of this memo is also attached. You subsequently advised me that because Marschall Road is a County State Aid Highway, you had contacted the County Engineer who declined to take action to cause the speed limit to be reduced as requested but addressed the problem by installing a four-way semaphore at the corner of Marschall Road and East Tenth Avenue. As you can see by Dr. Petzko' s letter, in some instances, the semaphore does not appear to have improved the situation in terms of pedestrian safety. ACTION REQUESTED: Will you please revisit this issue with the County Engineer and renew our request that action be taken to reduce the speed limit on Marschall Road to 30 MPH between East Fourth Avenue and Vierling Drive and to 45 MPH from Vierling Drive to an unspecified location south of the bypass. Thank you for your anticipated cooperation in this matter. cc: City Administrator Dr. Petzko TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Marschall Road Speed Zone DATE: 11 18 92 INTRODUCTION: The purpose of this memo is to seek concept approval to reduce the speed limit on Marschall Road between 4th Avenue and Vierling Drive to 30 MPH and from Vierling Drive to an unspecified point south of the Highway 101 Bypass to 45 MPH. BACKGROUND: Currently the speed limits on Marschall Road are 30 MPH from 1st Avenue to 4th Avenue, 40 MPH from 4th Avenue to a point about 180 feet south of Prairie Lane and 55 MPH from that point south. The Public Works and Police Departments have both received complaints from citizens regarding the safety hazard this condition presents. The number of new homes which have been constructed in the area, extending Vierling Drive west from Marschall Road thereby making it a cross street with a 30 MPH speed limit, the high level of pedestrian and school bus traffic to and from Sojourners and the Junior High School and restricted vision from the driveway to the businesses at 1257 Marschall Road all combine to create a condition which will not tolerate high speed traffic without an excessively high number of serious accidents. There have been 21 accidents on this stretch of roadway since January 1, 1991. In 1991 there were 7 property damage accidents and 2 personal injury accidents. In 1992 , there have been 8 property damage and 4 personal injury accidents. These numbers are too high. For example, in 1991, there were 12 property damage accidents at 1st Avenue and Holmes Street and in 1992 , there have been 13 property damage and 2 personal injury accidents at 1st and Holmes. The accidents which have occurred on Marschall Road also tend to be more serious than accidents which occur elsewhere in the more densely populated part of the city. To address this condition, the speed limit on Marschall Road between 4th Avenue and Vierling Drive should be reduced to 30 MPH and a 45 MPH speed limit should be established from Vierling Drive to a point sufficiently south for a safe deceleration from 55 MPH to 45 MPH to take place before encountering the Highway 101 Bypass. To establish these speed limits, the County Engineer must contact the Commissioner of Transportation and request that a study be done to verify the need for the proposed change in speed limits. ALTERNATIVES: 1. Establish a 30 Mph speed limit on Marschall Road from 4th Avenue to Vierling Drive. 2 . Establish a 45 MPH speed limit on Marschall Road from Vierling Drive to a point south of the Highway 101 Bypass which will be determined by the Commissioner of Transportation. 3 . Establish a speed limit on Marschall Road other than those discussed herein. 4 . Do not change the speed limit on Marschall Road. RECOMMENDATION: Alternatives # 1 and # 2 . ACTION REQUESTED: Authorize the appropriate city official (s) to contact the County Engineer and request that he initiate the process necessary to establish a 30 MPH speed zone on Marschall Road from 4th Avenue to Vierling drive and a 45 MPH speed limit from Vierling Drive to a point south of the Highway 101 bypass. HSchool Shakopee Junior Shakopee Public Schools Shakopee School Board �`" 1137 Marschall Road Janet L.Wendt,Chair I:. h • Bob Techam,Vice Chair lit y Shakopee, MN 55379 Ron Larson,Clerk .. (612)445-4884 Jessica Geis,Treasurer Kathy Busch,Director Tom Ebner,Director Steve Schneider,Director Principal: Vicki N. Petzko,Ph.D. Superintendent Robert J.Ostlund Dennis Craft City Administrator City of Shakopee 129 S. Holmes Shakopee, MN 55379 October 12, 1993 Dear Dennis, I am writing this letter on behalf of the student at Shakopee Junior High, and solicit your support in a matter concerning their safety. Within the past few weeks I have received several calls from parents and other concerned citizens about the safety of students crossing Marschall Road, specifically with reference to the end of the school day. I am fully aware that some of the problem rests in the students. There have been incidents of students "playing chicken" with cars, or thoughtlessly stepping in front of traffic. In response, we have added some adult supervision at that intersection, have asked teachers to discuss traffic safety with students, have made announcements regarding our expectations, and have made it clear that we will discipline students who are purposefully dangerous while leaving school. My observations, however, lead me to believe that the pedestrian crosswalk signs at 11th and Marschall Road are not adequate safety assurances, for the following reasons: • The speed limit on Marschall Road is 40 MPH. If a car has a greeen light at 10th and ' Marschall, it is very difficult for the vehicle to decelerate for a crossing pedestrian. . • There is an apparent lack of knowledge as to what a "pedestrian crosswalk" sign means. Most vehicles do not decelerate when a student is in the crosswalk. • There is no "school zone" speed limit sign, thus, drivers are not reducing their speed . • For many students. the most direct route to their homes is via 11th Avenue. therefore, they do not walk to cross at the light at 10th Ave. • The amount of traffic on Marschall Road is increasing, including a large number of semi- trailer trucks. ALL.scrcc_S A.,-- :.'_D BY 7,E%.^, ,.. C._'.7 Assoc,. ,.O,. I fear that one of our students may be hurt unless other measures are taken. Last year I requested that a 4-way stop sign be posted at that intersection. At that time, the decision was to paint the crosswalk and install pedestrian crossing signs. Although those have helped, they appear to be insufficient to protect our youth. Several options could be considered. 1. I have investigated the use of an adult crossing monitor, however, this would be cost prohibitive. Students arrive at school any time between 7 and 9 AM,and leave between 2:45 and 5PM. This would require a half-time employee if all students were to cross with adult supervision. 2. District#720 could review its transportation/bussing policies to see if students should be transported by bus who would otherwise have to cross Marschall Road. This would require school board action and would result in an increase in the transportation levy. 3. It might be possible to post "school crossing" (15 MPH when children are present) signs. I do not know how their level of effectiveness, nor if that may be done on a county highway. 4. The city/county could install a stop sign at 11th Ave. While it would appear that any of the above proposals could reduce the risk to our students, it is only a stop sign that can be erected soon. It would also assure us that traffic will stop at that intersection, so that our students can cross safely. I strongly urge you to take whatever measures would be needed to initiate this action. Please note that I have copied this letter to Tom Steineger, with the hope that he can be of assistance. If you would like more information, or need me to present this information in another forum, I would be happy to do so. Feel free to call if you would like to discuss this matter further. Thank you for considering this request. I look forward to your response. Sincerely Vicki N. Petzko, Ph.D. Principal, Shakopee Junior High cc: Tom Steineger, Chief of Police, Shakopee Public Safety 4, 3 November 1993 Upcoming Meetings SUN MON TUE WED THU FRI SAT 1 2 3 4 5 6 Election 5:00pm CDC :30pm Planning Utilities tiees Public City 7:00pm City Commission 7:00pm Cable Council Commission 7 8 9 10 11 12 13 7:30pm PlanningCi:yHall Closed Commission - - Veteran's Public Hearing Cay 14 15 16 17 18 19 20 7:00pm City 5:30pm CDC 5:00pm Special Council 7:00pm Energy City Council and Transportation 21 22 23 24 25 26 27 7:00pm Park & City Hall Closed City Hall Closed Thanksgiving Recreation 28 29 30 October December SM TWTF S SMTW TF S 1 2 1 2 3 4 3 4 5 6 7 8 9 5 6 7 8 9 10 11 10 11 12 13 14 15 16 12 13 14 15 16 17 18 17 18 19 20 21 22 23 19 20 21 22 23 24 25 24 25 26 27 28 29 30 26 27 28 29 30 31 31 y BUSINESS UPDATE FROM CITY HALL Vol. 7 No. 11 Dear Chamber Member: November 1, 1993 City Clerk Park and Recreation At their regular meeting on October 5th, City Council The City of Shakopee was successful in receiving a approved the renewal of currency exchange licenses for $5,000 grant from the State of Minnesota for tree the Unbank Company, 1100 Canterbury Road and for plantings in Lions Park. The grant requires the City Shakopee Check Cashing, 1147 Canterbury Road. to provide matching funds. Approximately 100 trees were planted around the Shakopee Municipal Pool and On October 5th, City Council also approved the 1994 Lions Park Tennis Courts during the week of October assessment agreement with Scott County. The Scott 18th. The trees were planted in such a fashion to County Assessor's office will place the market value on create wind screens for the two aforementioned each parcel within the City of Shakopee. The market facilities. value along with the tax levy applied by each taxing jurisdiction determines the amount of taxes for each During the month of October, Eric Jacobson completed parcel. an Eagle Scout project for the Shakopee Recreation Department. Eric constructed 8 horse shoe pits in Community Development Memorial Park. The horse shoe pits provide another recreational opportunity at Memorial Park. The Shakopee Public Library remodeling project is scheduled to commence later this month. Scheduled improvements include installation of new carpeting and Planning wall coverings. Improvements are also being made to bring the building in to compliance with Americans At their regular meeting on October 7, 1993, the With Disability Act. Total projected improvement costs Shakopee Board of Adjustment and Appeals approved are expected to be around$13,000. The improvements two variance requests. The first request was from are being funded out of the City's General Fund. Fred and JoAnn Coller for a 5 foot variance to the 10 foot side yard setback requirement within the Urban Earlier this year a moratorium was placed on the Residential (R-2) Zoning District. This will allow the Downtown Rehab Grant Program. The moratorium applicants to add a four season room onto their home period was to allow time for architectural drawings to at 906 Ramsey Street. The second request was a be complete on each of the block faces in the downtown variance from the minimum lot size requirement of 20 area. The architect has completed his design sketches. acres for areas without City services and located within Ideas expressed by the architect are being incorporated the Light Industrial (I-1) Zoning District. This into new rehab grant program guideline amendments. variance was requested by Minnesota Roadways so that The rehab grant program guideline amendments and they could construct an office and warehouse for an architectural drawings will be submitted to City asphalt paving and sealcoating operation at 8770 13th Council in early December. The drawings and rehab Avenue East. grant program guideline improvements will hopefully stimulate additional interest in rehabilitating properties in the downtown area. At their October 7, 1993, meeting, the Shakopee request. Planning Commission approved a request for a Conditional Use Permit from Minnesota Roadways. The Planning Commission canceled the proposed This permit will allow the outside storage of equipment October 14th special meeting date in which to discuss and materials at 8770 13th Avenue East. the East Shakopee Transportation Committee to allow time for the completion of the Chaska Interceptor They also approved a request from Raymond Ames for Agreement. This will be rescheduled at a later date. an amendment to Conditional Use Permit No. PC-624 The Planning Commission selected November 9, 1993, for Mineral Extraction and Land Rehabilitation. The as the public hearing date in which to discuss the subject site is located on the north side of Valley View recommendations from the Zoning Ordinance Road, approximately midway between CR 17 and CR Committee (ZORC). 83. The amendment allows a one year time extension of the deadlines for the proposed nine. The Planning Commission accepted the withdrawal of an Application Police for a Conditional Use Permit by Landscape Junction, Inc. The permit would have allowed Landscape In an effort to achieve more equity in call assignments Junction, Inc. to move a refurbished railroad caboose and to provide improved response time, patrol units and box car onto property owned by the Shiely Co., will be experimenting with new sectors. Sectors are a and located south of TH 101, east of Valley Park Drive. way to divide our jurisdiction and assign patrol units to each sector. Officers will use their judgement in The Planning Commission recommended the approval responding to emergency calls outside of their sector, of the revised Final Plat of The Meadows 9th Addition or in asking for assistance from another sector. to the Shakopee City Council, subject to conditions. The approval of this revision will allow the developer to The Police Department has entered into a cooperative relocate a street proposed to be called Indigo Lane. venture with the Shakopee School District, which will This relocation is necessary due to the location of a result in a uniformed officer spending half his time in Minnegasco gas line. The Planning Commission also the Jr. and Sr. High Schools. Officer Thomas Crocker recommended the approval of the Preliminary Plat for has been assigned these duties and will begin meeting Minnesota Valley 8th Addition to the City Council. students on October 18th. This plat is proposed to be located at the intersection of Vierling Drive West and Presidential Lane, and would consist of 15 residential lots. Public Works\Engineering The Planning Commission continued the public The big news this month from the Engineering hearings for the Preliminary Development Plan and the Department is the opening of the mini-bypass through Preliminary Plat for Eagle Creek Bluff Addition to the downtown. The contractor still has work to do on November 4, 1993, meeting to allow the applicant to First Avenue from Holmes to Spencer, and minor obtain information to address the concerns of staff and restoration items. the Planning Commission. The proposed development contains 32 single family residential lots, and is to be Other projects currently underway are the Upper located east of CR 18, and south of Boiling Springs Valley Drainage Project, 1993 Street Reconstruction, Lane. and the VIP Sewer Extension, which is scheduled to begin the last week in October. The Planning Commission recommended to the City Council the denial of an application from Sienna The Public Works Department is preparing winter Corporation to rezone 67.8 acres of land lying south of snow plowing routes which need to be updated to East 4th Avenue and south and west of the Knights of accommodate new streets that were built last summer. Columbus Hall from Multi-family Residential (R-4) to Urban Residential (R-2). They continued the public hearing regarding the an Application for Preliminary Plat approval for the proposed Prairie Bend subdivision to the December 9, 1993, meeting until after the City Council has an opportunity to act upon the rezoning �aX Reforms `�. . codes Property Tax Reform Coalition Q`' 1 10550 Wayzata Boulevard 4 - ': "' Minnetonka, MN 55343 ''- ) 612-540-0234 • The Voss Data Base: . Making • The Voss Data Base is one of the most unique property tax documents in the country. It tracks Minnesota's 1.1 million homeowners income against the value of their home and the amount of property taxes they pay. The data, which can be broken down by city, county, township and legislative district, irrefutably challenges two basic assumptions • • about Minnesota's property tax system: 1 Home values are a good measure of a citizen ability to pay property taxes. 2nnesota fairly distributes its state aids to citizens most in need. • • The following pages will graphically illustrate that Minnesota's . property tax system is just plain UNFAIR. It will show that taxpayers with similar incomes are taxed differently based on the perception that the one who lives in a high value home has more income than the other. Further, the state responds to this problem by increasing the taxes on those who generally have less ability to pay and provides state aids to those who generally have a greater ability to pay. Inside you will find data for your particular legislative district. If you wish additional output of this information, please contact a member of the Property Tax Reform Coalition. . The Property Tax Reform Coalition is a Qroup of 28 local • Chambers of Commerce from the Two Cities area. -; DISTRICT 40d - P2OPERTY TAX P2CFILE _ _ -- ' -- more roper -' s illustrations the myth that homeowners with higher value homes have ;he capacity to pay PlY These snap'•, and illustratons refutePr ed to those who live in lower valve' ho-xs -- :axes and need less state aid. In fact, the data belrt proves that -- corer ,oderate income persona livinp in higher valued homes: * KAYE LESS DISCRETICMARY 1flC.CPIE * )AVE LESS CAPACITY TO PAY MORE TAXES * ARE EXPECTED TO CARRY A GREATER TAX I RRDEM * ARE, AFTER 3.0 YEARS OF 1C' TGAGE PATMENTS, IM A SJESTANTIALLY WORSE FINANCIAL SITUATION 1 Estimated Average Net Tax as Tax a Percent Wet a PeTax xeta* Average Total Tax Estimated t Marke Market on this Aid Paid Paid by of Gross ofarke Value Parcel by State Homeowner Income il .20,000 thru $29,999 - Federal Adjusted Gross Income 408 Cities - 218 1,135 4.51 % 1.4t Bloomington 82,437 1,353 comparison Cities196 0.79 % 0.75 r 23,S79 1,394 1,198 293 1.19 % 0.95 r Eveleth 30,935 1,186 893 ThiefeftRiv 1,525 1,C13 512 2.05 % 1.47 r Winona River Falls 34,9700729 449 1.80 % 1.11 r vinona 40,438 1,178 :30,000 thru $39,999 - Federal Adjusted Gross Income 408 Cities Bloomington 84,571 1,405 228 1,177 3.35 % 1.34 X Comparison Cities 1,509 1,290 219 0.63 % 0.7Pi Eveleth 27,973 10.63 0.7 % 38,804 1,489 1,120 3699 1.69 %% 0.43 X T ieftRiv 39,794 1,740 1,153 Thief River Falls 510 1.47 X 1.1; % Winona 45,354 1,327 817 550,000 thru $74,999 - Federal Adjusted Gress income . • 408 Cities 313 1,683 2.79 % 1•bZ X Bloomington 103,624 1,996 ~ Comparison Cities 1 7� 1,490 287 0.50 % O.�Q % Eveleth 32,30171,365 467 0.81 % 0.Z % 47,307 1,832 1 530 b02 1.34 % ThieftRivne 52,816 2,3321.53 X Thief River Falls 63,133 1,299 1,138 761 1.30 % Vinona • PR:19 7i•t TRS( RS A F-X1E311. CF BZCS 1 tar£ SCi{fes ... - - - -__. - .. t FJr,./T. 1 ®.�,.. • E3 __. _ . 1 ! Via: 'i: 0 - 8 58-71 - - e•- EC S I ra E RtrE£ 1M Tri1...: rCS CF DalfFS DISTRICT 4-Oa - PR OF£R T Y TAX CQ4AR I SCii Inco.c kerne cf 530,000 thru 139,999 EE am NEaaEEs EE ME Bloomington _ Arizonamr =_ Market Value: 54,571 = 45,354 Property Tax: 1,177 - 510tg Mortsaye Cost: 8.00 % 7,447 = 8.00 % 3,994 ;sage r Taxes: 8,624 4,564 EE EE The D scrcionrry Income Difference is$4,120 If$4,120 is invested at 6.00% annually for 30 years, it yields 532.5,750 • -e Value :er 30 years at 3.50X 237,372 127,300 invested cost difference 0 325,750 237,372 453,050 1-T'LR101 7 IMESTDIT Frf-tFLUaSlmaTE C's30,000 - 500000 458336 . 400600 ..58000 306606 252800 200000 150000 e , 1 stens x Bl Q7tl ffTOr1`.. _ - • aUiraft • D 191 .. iELX612-295-7243 Nov 23 ' 92 13 : 17 No .011 P . 19 DISTRICT 368 - PROPERTY TAX PROFILE - These graphs end illustrations refute the myth that homeowners with higher value home have the capacity to pay ours property es and need less state sid. In fact, the data below proves that compared to those who live in tower valued homes -- cerate income persona living in higher valued hoes: * RAVE LESS DISCRETIONARY IMCCME •-. HAVE LESS CAPACITY TO PAY MORE TAXES * ARE EXPECTED To CARRY A GREATER TAX SURDEi * ARE, AFTER 30 TEARS OF MORTGAGE PAYMENTS, IN A 5J8STANTIALLY WORSE FINANCIAL SITUATION Estimated Average Net Tax as Net Tax as Average Total Tax Estimated Tax a Percent a Percent market on this Aid Paid Paid by of Cross of Market ar Value Parcel by State Noowner Inoses ),000Value thru $29,999 - Federal Adjusted Gross income Al Cities 894 3.53 % 1.15 % Burnsville 77,531 2,583 1,689 A periaon Cities Eveleth 25,979 1,687 1,491 196 0.79 X 0.75 X Pipestone 30,935 1,578 1,285 293 1.19 % 0.95 X Thief River Falls 34,970 1,943 1,431 512 2.05 % 1.47 X Winona 40,438 1,740 1,291 449 1.80 X 1.11 X 3,000 thru 539,999 - Federal Adjusted Cross Income 58 Cities 997 Z.83 X 1.18 % Burnsville 84,692 2,774 1,777 x *rison Cities 219 0.63 X 0.78 X Eveleth 27,973 1,825 1,606 % 0.95 Pip.stone 38,804 1,981 1,612 369 1.06 X 1.47 % Thief River Falls 39,794 2,215 1,628 587 1.69 X Winona 45,354 1,958 1,448 510 1.47 X 1.12 X 3,000 thru $74,999 - Federal Adjusted Cross Income ba cities Burnsville 99,390 3,246 1,957 1,289 2.12 X 1.30 % :caparison cities0.50 X 0.89 X Eveleth 32,301 2,141 1,854 287 0.99 X Pipeatone 47,307 2,432 1,965 467 0.81 X 1.52 s Thief River Falls 52,816 2,963 2,161 802 1.34 5 Winona 63,133 2,777 2,016 761 1.30 5 1.21 5 PROP" t.R r IRK RS A P £1T CF FRCSS !tart i Cities 3 Q....l.. P R EZ01,10 •, • PAW M .�r -: wr %.� :::: r+�t::S .max.,:::: :tom,. 2e-29 52-74 ,--39 S 1',C.If in't-C i n nrr genre rr rn I mac • ISD 191 TEL :612-895-7243 Nov 23 '92 13 : 19 No . 011 P . 21 ` DISTRICT 368 - PRCPERTT TAX OCMPARISOM Income Range of /30,000 thru 539,999 Q SE Burnsville Thief River Falls EF Market Value: 84,692 ' ----1 39,794 Property Tax: 997 587 Mortgage Cost: 8.00 X 7,457 8.00 % 3,504EE rtgege * Taxes: 8,455 - 4,091 The Discretionary Income Difference is$4,364 If$4,364 Is Invested at 6.00% annually for 30 years, it yields$344,981 Value ter 30 years et 3.50% 237,713 111,694 ld Invested cost difference 0 344,981 iia Mit■aaa 237,713 456,675 Rl:TlR1 1 i TOTPI. 1 trvESTPE7if FTTt9. skoss Itixre CF 538.008 - s39,39 503038 458300 4te tae 358800 389838 2 x*e aeeeee • Iseeee 1.... 1 yEf S 38 x g1„R'iiS4 LL r "HEY R;VER FRJ.S DISTRICT 42.8 - FRCRERTY TAX PROFILE _ c,e grapr.s and illustrations refute the myth that ho- cvners with higher value hones have the capacity to pay rare property . and need less state aid. In fact, the data betcu prcves that -- co-pared to those who live in lower valued ho.7.es -- ate incove persa^ns living in higher valued hoc,es: HAVE LESS DISCtET10KART IWC NE KA`c LESS CAPACITY TO FAT l[xE TAXES * ARE EXPECTED TO CARRY A G2EATER TAX 5.I.2DEM I * ARE, AFTER 30 YEARS OF MORTGAGE PA7MEMTS, IM A SJEISTAMTIALLT WORSE FIKAHCIAL SITUATION 3 Estimated Average Net Tax as Net Tax as Average Total Tax Estimated Tax a Percent a Percent Market on this Aid Paid Paid by of Gross of Market Value Parcel by State Homeowner Income Value 100 thru 529,999 - Federal Adjusted Gross Inane Cities St Louis Park 72,9£5 1,128 242 886 3.52 X 1.21 X paris.on Cities i 196 0.79 X 0.75 X Eveleth 25,979 1,394 1,198 Pipestone 30,935 1,166 893 293 1.19 X 0.95 X Thief River Falls 34,970 1,525 1,013 512 2.05 X 1.47 X Winona 40,438 1,178 729 449 1.80 X 1.11 X -.1 thru S39,999 - Federal Adjusted Gross Income sties • St Louis Park 74,840 1,164 253 • 911 2.61 X 1.22 X arisen Cities Eveleth 27,973 1,509 1,290 219 0.63 X 0.78 X Pipestone 38,804 1,489 1,120 369 1.06 X 0.95 X Thief River Falls 39,794 1,740 1,153 587 1.69 X 1.47 X Winona 45,354 1,327 817 510 - 1.47 X 1.12 X :00 thru 574,999 - Federal Adjusted Gress Incone :ities St Louis Park 88,360 1,554 337 1,217 2.04 X 1.38 X _arisen Cities Eveleth 32,301 . 1,777 1,490 287 0.50 X 0.89 X Pipestone 47,307 1,832 1,365 467 . 0.81 X 0.99 X Thief River Falls 52,816 2,332 ' 1,530 802 1.34 X 1.52 X Winona • 63,133 1,899 1,138 761 1.30 X 1.21 X FK ERTY TFC( FS A MatiTT EZSS I ti rE -- • . • Cities 3 __ E .. , _ _ -- .. .- --- .,rte,-t R i/ • 0 eH: . e - 2a-23 5e-71 - ERS 1 r 7-E RrIZE 1 ti ;rT1.,� S CF tKIJiFS DISTRICT 448 - PROPERTY TAX CCHPARISCK Ircca Range of 530,000 thru 539,999 Sr Louis Park 111 _ > nora •:arket Value: 74,840 = = 45,354 = 'roperty Tax: 911 = 510 :rtsage Cost: 8.00 X 6,590 = 8.00 X 3,994 EE ;age + Taxes: . 7,501 4,504 • The Disaaionary Income Difference is$2,998 • If$2,998 is invested at 600% ar.r.ually for 30 years, it yields$236,989 • Value - 30 years at 3.5CX 210,059 • 127,300 invested cost difference 0 236,989 210,059 36L,289 f Ti 1 Ct1 TOTfL 1 tfJES l TIIJT ' ffittR. CROSS I I(E CF s3e,002 - 528,558 5300y0.�8 �yycyue yy yye 280803 I 68803 • 120000 • •0 1 N 3 . x:T LWI S FFR< . L n:rl Houses Don't Pay Taxes - People Do! Data Source: Minnesota Department of Revenue 1. Outstate taxpayers with the same annual incomes as metro taxpayers pay less in property taxes. Income Average net tax paid by homeowner $20,000-30,000 Metro $ 897 Outstate $ 439 AVG NET PROPERTY TAX PAID BY HOMEOWNER $4,000 $3,500 o $3,000-' a w $2,500 F- $2,000-' z $1,500-' — > _ — 0 $1,000-' $5001 r $20M $30M $40M $50M $75M $100M + ANNUAL INCOME OUT-STATE NM METRO 2. Market values of property do not accurately reflect a citizen's ability to pay property taxes. Avg. net tax paid Annual income Location $ 897 5 20,000- 30,000 Metro 767 50,000- 75,000 Outstate 3. Even though outstate taxpayers pay less in property taxes at each income level, their communities receive more state aids. Annual income Estimated state aids for an average home $ 20,000-30,000 Metro $ 642 Outstate $ 889 EST. AID PAID BY STATE FOR AVG. PARCEL $2,500-' al $2,000-' m $1,500 ' $1,000-- j j j j j C/) $500 $o $20M $30M • $40M $50M $75M $100M + ANNUAL INCOME /l OUT-STATE METRO 4. The Minnesota property tax system places an unfair burden on taxpayers who live in the metropolitan area. Annual Income $ 20,000-30,000 Net taxes paid after state aids Metro S 591-3,261 Outstate 73 -608 Key Points Data from the Minnesota Department of Revenue • The average outstate Minnesotan making $20,000-30,000 a year pays one half of the property taxes of a metropolitan resident with the same income. • Metro area taxpayers making $20,000-30,000 a year pay more in property taxes than outstate taxpayers making $50,000-75,000 a year. • The state pays 1l4 to 1l3 more state aids (homestead credits, school aids, agriculture aids, local government aids, etc.) for outstate residents than for metro taxpayers in every income bracket. • If outstate homeowners paid the same percentages of their incomes as metro residents, their cities and school districts would have at least $117,000,000 more in revenue. That would be equity. Distributed by the Association of Metropolitan School Districts O� 3490 Lexington Avenue North St.Paul,MN 55126-8044 League of Minnesota Cities (612)490-5600 October 25 , 1993 To: LMCIT member cities and agents From: LMCIT Board of Trustees Re: Workers compensation premium refund A check is attached for your city's share of the premium refunds which LMCIT received from the Workers Compensation Reinsurance Association (WCRA) . Because the history behind these funds is a bit confusing, we've tried to answer below some of the questions we expect cities to have about this refund. If you have questions that this memo doesn't answer, feel free to call Pete Tritz at the League office. Where did this money come from? Like all workers compensation self-insurers, insurers, and pools in Minnesota, LMCIT is required to buy reinsurance from WCRA. WCRA is a non-profit reinsurance company, created in 1979 pursuant to statute. By 1992 , WCRA had accumulated a substantial amount of surplus funds, over and above what they needed to cover their estimated outstanding liabilities. The surplus developed because changes in the workers compensation statutes reduced WCRA's long-term liabilities, and because WCRA's income from investments was substantially greater than what they had assumed when they originally set their rates. The WCRA Board voted to distribute the surplus funds in two 1 th- Fal' of an �� million refund in ..- i sen=Y=�4 ref�.:nds: i:�i..�a $100 1992 ; and a second $302 million refund this past summer, as mandated by the 1992 legislature. LMCIT received about $620, 000 from the first distribution, and about $4 .7 million from the second. Isn't there some litigation that had tied up these refunds? The 1992 legislation directed WCRA to return the second refund directly to employers, proportionate to the premiums the employer paid in 1992 for workers compensation insurance. Several insurance companies sued, arguing that the funds should instead be returned to the insurance companies that had paid the premiums to WCRA. This litigation is currently in process in the federal courts. However, the litigation only affects the insurance companies and the employers who had purchased workers compensation insurance from those companies. The parties involved in the litigation agreed that the self-insurers' share of the refund should be released, since the litigation wouldn't affect those funds. LMCIT is a self-insurance pool of political subdivisions and not an insurance company, and so LMCIT received its share along with the other self-insurers this past July. Why did LMCIT wait until now to return these funds to the cities? LMCIT's Trustees consider it to be an absolute priority to make sure LMCIT remains financially strong and able to meet its commitments. For this reason, we decided to hold off on returning the funds to the cities until this year's actuarial review was completed. That way, we could be sure that there weren't any unexpected trends in losses or loss development, which this money might be needed to cover. The actuarial review is now completed, and shows some improvement in the loss development trends. As a result the refund money isn't needed to maintain LMCIT's financial strength and can therefor be returned to the member cities. How are these funds being allocated among the LMCIT members? Each city's share is proportionate to the city's earned premiums for coverage during the 1992 calendar year. This includes any audit adjustments for coverage during 1992 regardless of when paid. It does not include audit adjustments from previous periods, even if paid during 1992 . It also does not include any retro-rated adjustments. Isn't this a change from how LMCIT has distributed dividends in the past? For several years, LMCIT has allocated dividends in the property/casualty program according to a formula that looked at the city's total premiums and total losses for all years of participation. The idea is that whatever surplus LMCIT has available to distribute at any one time is the net effect of all the cities' premiums and losses for all years of operation. The Board decided to use a different approach to distributing these funds for two reasons: First, these funds weren't really generated by LMCIT's own operations - that is, by the difference between the premiums collected and the losses paid; rather, the refunds are an unexpected return of expenses paid over many years - almost a "windfall" in effect. Second, since the 1992 legislation spelled out how the legislature wanted the funds to be distributed, the LMCIT Board felt it was appropriate to try to follow the legislative intent as closely as possible. In short, this is different from the way LMCIT has distributed dividends in the past. But this is a particular solution for a unique situation, and shouldn't be viewed as a change in LMCIT's general approach to dividend distribution. Are additional dividends from the workers compensation program likely in the future? There's no way to say for sure. It's possible that the WCRA might again develop some substantial surplus which would be returned to its members, but whether, when, and how much is impossible to predict. WCRA has reduced its premium rates somewhat for the current year, which should reduce the amount of surplus they might otherwise develop. Other factors aro hnw WCRA's losses develop, and what returns they realize on their investments. Future changes in the workers compensation statutes affecting long-term claim costs could affect it as well. In short, it's possible that we could again see another WCRA refund which could be passed through to the cities, but that's purely speculative at this point. It's also possible that LMCIT's workers compensation program may at some point be able to return some dividends to its members as a result of its own operations. This depends on the interplay of several factors: rate levels, losses, development of past years' losses, investment income, etc. - just as with the property/casualty program, or the WCRA for that matter. LMCIT is a non-profit cooperative organization. Theoretically, we'd like to set premium rates so that when combined with investment income they are exactly enough to cover losses and expenses. But because losses and loss development are impossible to predict precisely, we build a "safety margin" into the rates. That is, rate levels are designed so that premiums and investment income will cover losses and expenses even if losses are greater than projected. But if losses are at or below the projected levels, that safety margin in the rates then results in net income to LMCIT. These extra funds are then available either to be returned to LMCIT's members or to strengthen the financial reserves LMCIT maintains for unexpected contingencies. For several years, LMCIT has followed a strategy of slowly strengthening its contingency reserves to better assure long-term stability, and any available surplus funds have been devoted to that purpose. At some time relatively soon, that should no longer be necessary, and LMCIT would then be able to return to the cities any surplus funds generated by LMCIT's operations. TENTATIVE AGENDA BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, MN November 4, 1993 Chairperson William Mars Presiding 1. Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of October 7 , 1993 , Meeting Minutes 4 . Recognition by Board of Adjustment and Appeals of Interested Citizens. 5 . Other Business a. b. 6 . Adjourn NOTE TO THE B.O.A.A. MEMBERS: 1. If you have any questions or need additional information on any of the above items, please call Terrie or Aggie on the Monday or Tuesday prior to the meeting. 2. If you are unable to attend the meeting, please call the Planning Department prior to the meeting. TENTATIVE AGENDA PLANNING COMMISSION Adjourned Regular Session Shakopee, MN November 4 , 1993 Chairperson Terry Joos Presiding 1. Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of the October 7, 1993 , Meeting Minutes 4 . Recognition by Planning Commission of Interested Citizens. 5 . Approval of Consent Agenda - (All items listed with an asterisk (*) are considered to be routine by the Planning Commission and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) 6 . 7 : 30 P.M. PUBLIC HEARING: To consider amendments to Conditional Use Permit No. 376 for Mineral Extraction and Land Rehabilitation, originally issued to NBZ Enterprises, upon the property located west of CR 83 , south of CR 16 and north of Valley View Rd. Applicant: Fischer Aggregates, Inc. 7 . 7 : 35 P.M. PUBLIC HEARING CONTINUED: To consider the preliminary and final development plans for the Eagle Creek Bluff Addition Planned Unit Development, located east of CR 18 and south of Boiling Springs Lane. Applicant: VanZee Homes, Inc. 8 . 7 : 40 P.M. PUBLIC HEARING CONTINUED: To consider the preliminary plat of Eagle Creek Bluff Addition, located east of CR 18 and south of Boiling Springs Lane. Applicant: VanZee Homes, Inc. *9 . Final Plat: To consider the final plat of Westridge Bay Estates II 1st Addition, located along the southeast edge of O'Dowd Lake and north of CR 14 . Applicant: Westridge Bay Company 10. 7 :45 P.M. PUBLIC HEARING CONTINUED: To consider an application for a conditional use permit to allow fill to be placed in a Floodway area in Huber Park. Applicant: City of Shakopee Action: Resolution No. 663 11. Discussion: To consider the initiation of an amendment to the City Ordinance allowing limited retail sales as a conditional use within the Light Industrial (I-1) Zoning District. The Planning Commission directed staff to return this issue to the November meeting if the Zoning Ordinance is not completed. Applicant: Marlowe Anderson - Leeco Distributing Burdette Booth - Kar Kraft Ron Thiebaud - Ron's Auto Sales 12 . Review: *A. Deborah Snyder - CUP Resolution No. 626 13 . Other Business *A. Review Proposed Official Map - Water Storage Facility *B. Review Land Acquisition - Electric Substation *C. Review Land Acquisition - Community Center 14 . Adjourn Lindberg S. Ekola City Planner NOTE TO PLANNING MEMBERS: 1. If you have any questions or need additional information on any of the above items, please call Terrie or Aggie on the Monday or Tuesday prior to the meeting at 445-3650. 2. If you are unable to attend the meeting, please call the Planning Department prior to the meeting. 4*9 The Public's Right .____. To Wintertime Traffic Safety The public has a right to expect safe high- That's good news for mayors, council members, ways. . .even in the face of winter snow and ice storms. county commissioners and state legislators. Public Elected public officials who have failed to recognize this works professionals have the tools to restore safe and reality of political life have been turned out of office or passable streets and highways. have even faced recall petitions when poor winter main- Marquette's Center for Highway and Traffic Engineer- tenance left roads snow clogged, ice-covered, unsafe ing has documented that the rate of reduction for traffic and impassable. accidents involving injury is almost nine times higher The American Public Works Association sagely subti- than the rate after salting. The study, which was pre- tled its pamphlet Fight Winter and Win: A Survival sented at the Transportation Research Board's Third An- Guide for Public Officials (emphasis added), noting nual International Symposium on Snow Removal and "Snow and ice-covered roads are more than an incon- Ice Control Technology in September; 1992 in Minneapo- venience." APWA then noted the unacceptable conse- lis, MN, found that the reduction rate for property dam- quences of these perilous roads: "Besides substantial age accidents is about seven times higher economic losses, accidents produce the likelihood of injuries and fatalities." Direct Benefits - Lives Saved The public knows that wintertime accidents can be prevented. Now, new research from Marquette Univer- The Marquette study's author; Professor David A. Kue- sity confirms it. Their study found that: mel, P.E., director of the Center; says, "As a winter main- tenance service, deicing pays for itself within the first 25 minutes after the first hour that salt is spread on two- 88.3% of all injury lane highways." Then, he explains, "during the first four hours after the hour of application of salt,the direct road accidents during user benefits were$6.50 for every$1.00 spent on direct maintenance costs for the operation. As soon as 71 ve- winter storms hicles drove over the highway, the average direct costs were offset by direct benefits. In addition to reducing can be avoided simply accident frequency by 88.3%, deicing decreased the average cost of each accident by 10%." To underscore by deicing roadways. the practicality of this public service, he observes "That's quite an impressive payback for an investment of taxpayer's dollars." o . 1 ,111 ��L } �� Ce . . .: T 641iliaL `✓ Who can place a value on the loss of a human life or the excruciating pain and suffering that result from auto accidents? Indirect Benefits - Safety and Salt Saves Lives Economic Who can place a value on the loss of a human life or While practical experience and common sense indi- on the excruciating pain and suffering that result from cate that most of deicing's benefits are immense, some auto accidents or the anxiety of driving on poorly main- are impossible to calculate precisely. For example, deic- tained roads? ing preserves the lifesaving capacity of quick response Even though legal suits alleging inadequate deicing time by police, fire, paramedic and ambulance person- practices are sometimes brought against public agen- nel. Losses in employee productivity because workers cies by accident victims or their families in an attempt to arrive late over hazardous roads or they don't arrive at assign a price to damages, they are, at best, imprecise all are avoided. Immense savings occur in wasted time in their estimates. and fuel when a traffic jam is avoided. Even the eco- On the positive side, the many, many consequences nomic losses of businesses which chose to locate or in terms of human misery which are avoided when ef- expand in a sunbelt state over a snowbelt site because fective deicing occurs are truly incalculable. of concerns about winter transportation highway ac- cess don't happen. Deicing addresses all of these con- Sensible Salting cerns. When salt is stored and applied properly, any possi- Research ble ill effects associated with its use are minimized. Those infrequent problems with salt use which do occur The Marquette study was conducted during the happen when abuse through overuse or through mis- 1990-91 winter in four states: New York (Wayne, -romp- handling takes place. To prevent such mistakes, the Salt kins, Courtland and Monroe counties), Illinois(Ogle and Institute established its award-winning Sensible Salting Lee counties), Minnesota (Rochester and Stewartville Program in 1972. It is an intensive educational program areas (but not included in the study results) and Wis- that encourages winter maintenance officials and per- consin (Walworth county). It covered a network of ran- sonnel to use salt in a responsible and prudent manner domly-selected two-lane undivided and multi-lane free- and to store it properly ways of approximately 520 and 50 miles respectively. The sections tested were primarily rural or suburban in character. "That's quite an impressive payback for an investment Traffic Accident Rates Before and After Salt Spreading of taxpayers' dollars." On Two-Lane Sections 24 - David A. Kuemmel, P.E. 22 20 _ More Details IS Additional facts about Marquette University's study 1416 may be obtained from: Professor David A. Kuemmel, cG PE., Director, Center for Highway & Traffic Engineering, 14 Marquette University, Milwaukee, WI 53233. w x Telephone: 414/288-3528. Fax: 414/288-7082. 12 2Ail Traffic 0Additional information on deicing and sensible salt- %Z 10 Accifle is ing techniques are available from: Salt Institute, 700 A S w North Fairfax Street (#600), Alexandria, VA 22314-2040. CI Telephone: 703/549-4648. Fax: 703/548-2194. The Salt Institute maintains an extensive TechData Q 6 ... . . , a Center which contains thousands of technical reports, •4 4 articles from professional journals, studies, etc. In addi- ca tion, they offer a number of widely respected publica- 2 — Personal tions which are free to public officials, including Deicing Salt and Our Environment, The Snowfightert Handbook, ° Salt Storage Handbook, Deicing Salt Facts and a bian- -4 3 -2 -1 0 I 2 ; q nual Salt& Highway Deicing newsletter. RELATIVE HOUR i • 0 410 11110/ ' i 4 - I / 211:. ' 17 NOLL1/1kIOdSNVLlLSO iN3W1.lyd3a 111OS3NNINI Noisinia 41)In TA ., rc .. . .. . /0/? -/ 3 ... - ,, , , iliefri ifjoxt -__ '•-sigLs',.:_- :--,.,;.,..;,, k -. & . -•:;••„,v-4,: aat,..si„f4- '.---. ( ."1.07t4 re,Vi") /. 4,47, ydet/t4ze i*. -' - ' k. "k- - ;•• ' ' JA/4151, / -4, 40.0 137,4,,g,..;" . a...A..4 .. „ , , . i 1)eatiod 4....,/,Zilwv.4-4, . di... dic, . _abig, .? VI:M a 1 _ If //(...,12,it 4-10 /21 wAti4ed ,, 6,1-- ",,,,i,,,,,i -- e,„ 4(41 ,-d Ira— ,,,Let, ,,,I ,,,ii.,,, ,is4-ier ga /7:2-x----c--11c. /J., il ENGINEERING DEPARTMENT MONTHLY PROGRESS REPORT ON PROJECTS FOR OCTOBER 1993 Category 1 - Projects Under Construction 1. 12th Avenue Sewer and Water Project (Industrial Park) This project is essentially completed except for minor punch list items. The lift station has not been tested yet . 2 . Minibypass Construction (Mn/DOT) Now that the new roadway and bridge have opened, work will be concentrated on the downtown exit ramps, the parking lots off 1st Avenue, pedestrian park and tunnel, lighting, sidewalks and other miscellaneous work. Work will continue as long as weather permits . The project will be completely finished next summer. 3 . Valley Park 11th Addition The base course of aphalt has been placed and all seeding completed. The contractor has requested that the wear course of asphalt be postponed until 1994 . Percent Completed - 90% 1 4 . Minnesota Street/Dakota Street/Alley This project has been completed. An assessment hearing will be scheduled for November. There are still some minor punchlist items remaining, including regrading the slopes on the north side of the alley, east of Dakota Street, to provide positive drainage. Percent Completed - 100% 5 . Upper Valley Drainage Project - Phase II and Shakopee Bypass Drainage Facilities The mainline drainageway has been rough graded. Also, storm sewer Segment No. 4 through the Meadows has been completed. Percent Completed - 7% 6 . Street Reconstruction Projects (Spencer Street, 8th Avenue, 4th Avenue, Naumkeag Street, Fillmore Street and Atwood Street) Due to marginal soils that got wet, the road construction in 4th Avenue, Market to Fillmore Street as well as Spencer Street and Fillmore Street took longer than anticipated. Portions of 4th Avenue, Naumkeag Street and Atwood Street have been paved. The contractor proposes to install the gravel base, curb & gutter and pavement on 4th Avenue by October 31 . The road construction on Fillmore Street and Spencer Street should be completed by mid-November. The contractor has requested and received approval to delay starting on the remainder of Spencer Street (4th Ave. - Shakopee Ave . ) and 8th Avenue until 1994 . Percent Completed - 40% 7 . V.I.P. Interceptor Extension/Rahr Forcemain This project has been awarded to S.M. Hentges & Sons, Inc . Construction has started on the sewer crossing at County Road 79 . Percent Completed - 0% 2 Category No. 2 - Projects in Design 1. Rahr Malting Inverted Siphon (Service Line) This project is being designed by a consultant and the design is almost completed. This project may be added to the VIP Project by a change order or bid separately. The agreements with Rahr Malting have still not been executed. Percent Designed - 90% 2 . Public Works/SPUC Parking Lot Paving Some preliminary surveying has been obtained and an approximate cost estimate prepared. No design has started. Percent Designed - 0% 3 . Downtown Alley Reconstruction and Undergrounding Electric Lines The design of this project will need to be coordinated with Shakopee Public Utilities . All field survey work has been completed and design has started. The pavement reconstruction portion will be designed in-house, while the electrical design will be done by Shakopee Public Utilities Commission' s consultant . Construction of this project has been postponed until 1994 . Percent Designed - Pavement - 40% Electrical - 0% 4 . Parking Lot Downtown (Old Gene Brown Lot) This project will be designed in conjunction with the alley reconstruction project . Percent Designed - 0% 5 . Downtown Streetscape/Phase II The City Council has ordered plans and specifications prepared for this project . No design has started yet . Percent Completed - 0% 3 6 . Alley - Block 48 The City Council has ordered plans and specifications prepared for this project . No design has started yet . This project will be combined with the Downtown Alley Project . Percent Completed - 0% Category 3 - Projects Under Study 1. St. Francis Hospital Sewer and Water A petition for sewer and water was received by the City Council on July 6, 1993 and a feasibility report ordered. Work on the feasibility report is in progress . The watermain portion of this study will be provided to City staff by Shakopee Public Utilities Commission' s consultant . Percent Completed - 30% 2. Pierce Street Vacation (3rd Avenue to 4th Avenue) The City Council ordered a report prepared for the possible vacation of this street . Work on the report is in progress . Percent Completed - 25% Category 4 - Private Subdivisions All public streets and utilities constructed as part of new subdivisions require continuous inspection to make sure City Specifications are followed. The following is a status update on the new subdivisions being constructed in 1993 . 1. Beckrich Estates Except for the street entrance at County Road 78 which is being completed as part of the County project, all work in this subdivision is completed. Percent Completed - 95% 4 2 . New Connection of Muhlenhardt Road to C.R. 18 and Streets in Horizon Heights 4th This project has been completed. Percent Completed - 100% 3 . Meadows 8th Addition Phase I of Meadows 8th is completed. A portion of the streets were delayed (Phase II) due to the Shakopee Bypass Drainage Project . The storm sewer associated with the drainage prject has been completed through Meadows 8th, so Phase II will be completed soon. Percent Completed - Phase I - 100% Phase II - 30% 4 . Milwaukee Manor All underground utility construction (sewer, water, storm sewer) has been completed. The base course of asphalt has been completed on Dakota Street . The remaining streets (private) are gravel with no pavement . Percent Completed - Overall - 60% Dakota Street - 90% 5. Maple Trails Construction on the streets in this subdivision have started. The grading of the roads is completed. The roads have not yet passed the roll test in order to place the gravel base. Percent Completed - 25% 6 . Dominion Hills Construction on the streets in this subdivision have started. The grading of the roads is completed. The roads have not yet passed the roll test in order to place the gravel base . Percent Completed - 25% 5 7 . Stonebrooke - Phase II Plans have been approved, but construction has not started yet on this subdivision. Percent Completed - 0% 8 . Parkview 1st Addition All underground utilities have been installed. Gravel base and curb and gutter should be completed by November 1, 1993 . The street patches on Vierling Drive are completed. Percent Completed - 75% 9 . Meadows 9th Addition The underground utility construction has started. Percent Completed - 25% 10 . Westridge Bay Estates II Even though the final plat has not been filed, rough grading on the streets has started. This work is being considered private streets until the plat is filed. The streets are being built to City Specifications . Category 5 - Special Projects 1. SPDC Substation The appraisals for the necessary easements have been completed and offers have been made to the affected property owners . No additional work will be done without further direction from SPUC. 2 . Huber Park Grading Permit Because Huber Park is in the floodplain, the City must receive a permit from the Planning Commission to place fill in the floodplain. Most supporting data for this activity has been prepared and the field surveys completed. Staff will be submitting this to the Planning Commission for action in November. 6 3 . Maras Street Easements All easements for the street have been obtained and recorded except two. The City Attorney is continuing to work towards obtaining the remaining easements . 4 . Murphy' s Landing Sewer Problem Staff has investigated the costs for replacing the lift station and alternatives for providing sewer service to Murphy' s Landing and presented a report to Council in September. The City Council expressed a desire to fund this project, contingent on the final agreement with Murphy' s Landing. The contractor has been notified to install the new lift station. 5 . Total In-House Engineering Concept During the 1993 budget process, the City Council directed staff to prepare a proposal on what it would take to be a completely self-sufficient Engineering Department (i .e. no consultants, staff equipment and furnishings needed) . Staff has not prepared this study yet . 6 . Improvements to the Prior Lake Outlet Channel The Watershed District has not submitted any proposed improvements to this channel . They have directed their consultant to prepare a study on this . Staff has not received any proposals from the Watershed District . 7 . Comprehensive Sanitary Sewer Plan (Consultant) The draft report is done. The final report is being postponed until the final decision involving the Chaska Interceptor cost sharing agreement . Percent Completed - 95% 8 . Comprehensive City-Wide Stormwater Management Plan (Consultant) This study is approximately 70% completed at this time. The budget is approximately 63% expended, so the project is slightly under budget at this time. 9 . Chaska Interceptor Negotiations The City Attorney continues to negotiate the agreement . Construction of this sewer has been postponed until 1995 by the MWCC. 7 10 . Traffic Analysis for Vierling Drive from C.R. 15 to T.H. 169 The City Council ordered a study on the extension of Vierling Drive from C.R. 15 to T.H. 169 to serve the mall . The intent is to study alternative alignments in 1994 and construct in 1995 . Respectfully Submitted, Ci;;;)::; ‘'2ZI:va.'°.°1: David E. Hutton ��- Public Works Director/City Engineer October 29, 1993 8 MONTHLY PROGRESS REPORT CITY OF SHAKOPEE PLANNING DEPARTMENT OCTOBER 31, 1993 {WP51V)OCSWMY\PROCRtSS.00T} 10/31/93 Part I. Project Start Complete Status Comments Administration 1. 1994- 1998 CIP 4/1 10/19 100% Final draft being distributed 2. 1994 Budget 4/1 12/1 90% COW approved 3. J-Term Intern --- --- --- Candidate selected Long Range 1. Chaska Int. Agreement 6/1 ?? 90% Draft agreement review 2. Chaska Int. Conditions 7/1 6/1/94 20% Rural Density, MUSA Comp Plan policies research 3. Land Use Plan 3/1 3/1/94 50% Joint meeting held PC meeting to be scheduled 4. East Shak. Trans Plan 1/1 3/1/94 25% On hold for land use decision 5. Zoning Ord. Update 6/1 12/21 60% Public hearing November 9th Current Planning 1. Building Permits 10/1 11/1 Ongoing 49 Res. permits 7 Comm. permits 0 Ind. permits 2. Planning Reports 10/1 11/1 Ongoing 2 Variances 0 Appeals of CA 3 CUP 4 Plats 1 PUD 1 Rezoning 0 Vacations 0 Minor Subs. 3. Enforcement 10/1 11/1 Ongoing 2 Complaints 6 Code Violations 4 Resolved Violations Management Information Systems (MIS) 1. Engineering Database 6/1 9/1 100% Complete 2. Special Assessment Software 4/1 11/1 95% Fine tuning and setup 3. LAN Schematics/Doc. 8/1 11/1 25% Update old information 4. PC Maintenance Tracking 8/15 9/1 100% Complete 5. Trim LAN Files 9/9 11/1 80% Ongoing 6. GIS Stage One 10/01 10/01/94 1% Initial Meeting Held (WPSL\DOCS WMY\PROCRESS.00T) 10/31//3 Part IL MONTHLY PROGRESS REPORT PLANNING DEPARTMENT NARRATIVE At their regular meeting on October 7, 1993, the Shakopee Board of Adjustment and Appeals approved two variance requests. The first request was from Fred and JoAnn Colter for a 5 foot variance to the 10 foot side yard setback requirement within the Urban Residential (R-2)Zoning District. This will allow the applicants to add a four season room onto their home at 906 Ramsey Street. The second request was a variance from the minimum lot size requirement of 20 acres for areas without City services and located within the Light Industrial (I-1) Zoning District. This variance was requested by Minnesota Roadways so that they could construct an office and warehouse for an asphalt paving and sealcoating operation at 8770 13th Avenue East. At their October 7, 1993,meeting, the Shakopee Planning Commission approved a request for a Conditional Use Permit from Minnesota Roadways. This permit will allow the outside storage of equipment and materials at 8770 13th Avenue East. They also approved a request from Raymond Ames for an amendment to Conditional Use Permit No. PC-624 for Mineral Extraction and Land Rehabilitation. The subject site is located on the north side of Valley View Road, approximately midway between CR 17 and CR 83. The amendment allows a one year time extension of the deadlines for the proposed mine. The Planning Commission accepted the withdrawal of an Application for a Conditional Use Permit by Landscape Junction, Inc. The permit would have allowed Landscape Junction, Inc. to move a refurbished railroad caboose and box car onto property owned by the Shiely Co., and located south of TH 101, east of Valley Park Drive. The Planning Commission recommended the approval of the revised Final Plat of The Meadows 9th Addition to the Shakopee City Council, subject to conditions. The approval of this revision will allow the developer to relocate a street proposed to be called Indigo Lane. This relocation is necessary due to the location of a Minnegasco gas line. The Planning Commission also recommended the approval of the Preliminary Plat for Minnesota Valley 8th Addition to the City Council. This plat is proposed to be located at the intersection of Vierling Drive West and Presidential Lane, and would consist of 15 residential lots. The Planning Commission continued the public hearings for the Preliminary Development Plan and the Preliminary Plat for Eagle Creek Bluff Addition to the November 4, 1993,meeting to allow the applicant to obtain information to address the concerns of staff and the Planning Commission. The proposed development contains 32 single family residential lots, and is to be located east of CR 18, and south of Boiling Springs Lane. The Planning Commission recommended to the City Council the denial of an application from Sienna Corporation to rezone 67.8 acres of land lying south of East 4th Avenue and south and west of the Knights of Columbus Hall from Multi-family Residential (R-4)to Urban Residential (R-2). They continued the public hearing regarding the an Application for Preliminary Plat approval for the proposed Prairie Bend subdivision to the December 9, 1993, meeting until after the City Council has an opportunity to act upon the rezoning request. The Planning Commission canceled the proposed October 14th special meeting date in which to discuss the East Shakopee Transportation Committee to allow time for the completion of the Chaska Interceptor Agreement. This will be rescheduled at a later date. The Planning Commission selected November 9, 1993, as the public hearing date in which to discuss the recommendations from the Zoning Ordinance Committee (ZORC). The process of examining applications of Geographic Information Systems (GIS) technology has begun. An initial meeting was held by the newly formed computer committee. Daily troubleshooting continues. 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Adult Fall Softball 5 Teams 10 Teams Mens 8 Teams 6 Teams Womens 15 30 2 . Exercise Class 0 3 . puppy Training Class 1 4 4 15 4 . Dog Obedience . YOUTH ACTIVITIES 80 81 5 . Grade 5 & 6 Tackle Football 68 41 6. Grade 3 & 4 Flag Football BASKETBALL 60 7 . BOYS- Grade 3 & 4 633 3 660 8 . GIRLS- Grade 3 & 4 GYMNASTICS 8 21 27 1 9 . Boys2 10. Beginners 16 212 ii. Beginner II 12 . Adv. Beginner 4 11 10 103 13 . Intermediate 14 . Adv. Intermediate 6 6 7 0 15. Pre Team 16 163 16 . Cheerleading grade 1 & 2 EW 17 . Cheerleading Clinic 16 17 NN0 18 . Grade 5/6 Volleyball MUNICIPAL POOL - CLOSED LABOR DAY PICNIC SHELTER RENTAL Holmes Park 29 669 Lions Park 53 Memorial Park3 Scenic Heights 2 Tahpah Park 29 PICNIC KIT RENTAL COMMUNITY YOUTH BUILDING SCHEDULING: Current users has grown to 31. CITY HALL COMMUNITY ROOM SCHEDULING: getting quite a lot of use The Community Room downstairs at City Hall has been g g especially by local businesses and School District organizations. CITY OF SHAKOPEE BUILDING ACTIVITY REPORT - SEPTEMBER 1993 September 1993 September 1992 No. No. Valuation No. No. Valuation Month Y.T.D. Y.T.D. Month Y.T.D. Y.T.D. Single Family-Sewered 12 108 9,279, 529 18 95 7, 650,918 Single Family-Septic 1 23 2,904,820 2 16 2,235,424 Multiple Dwellings - 14 2,397,322 3 13 1,541,060 (# Units) (YTD Units) (-) (38) - (8) (28) 4 71 420,273 5 68 260,536 Dwelling Additions Other 4 15 170,731 2 12 63,550 New Comm. Bldgs "' 15,343,335 - 3 1,359,000 Comm. Bldg. Addns. - 3 159,750 1 2 365, 000 - - 1 1 4,500,000 New Industrial-Sewered2 17,549,300 - - Ind. Sewered Addns. - - - - New Industrial-Septic - - - - - Ind. Septic Addns. - - 5 31 471, 840 7 31 285,881 Accessory/Garages 80, 145 Signs & Fences 7 74 115, 219 1 4545 , Fireplaces/Wood Stoves 1 7 13 ,750 2 614 4 0,1 205 Grading/Foundation 2 8 216, 260 1 10 4 Moving - - 1 1 Razing 2 9 80,313 3 47,213 Remodeling (Res. ) - 22 140,713 3 26 89, 633 Remodeling (Comm/Ind. ) 6 45 2, 674, 858 6 32 2,529, 670 TOTAL 44 438 51,938, 013 53 362 21, 628,395 No. YTD. No. YTD. Electrical 52 452 41 349 Plumbing & Heating 73 525 58 418 Total dwelling units in City after completion of all construction permitted to date 4 , 961 CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN SEPTEMBER, 1993 10184 Graus Const. 505 So. Holmes Elevator 223,000 10185 Rich Logeais 1366 Primrose Lane House 72,886 L 21 B 3, Meadows 8th 10186 Lee Markgraf 236 Lewis Street Sign 300 10187 Corporate Finishes Shakopee Town Sq. Remodel 8,000 10188 Dick Hennes 1165 So. Shumway Addition 45,000 10189 Novak Fleck 1439 Primrose Lane House 82,827 L 9 B 4, Meadows 8th 10190 SignArt Shakopee Town Sq. Sign 2,238 10191 Chuck Nogle 4218 Valley Ind. Blvd. Grading 300 10192 NSP West 1st Avenue Grading/Fence 5,460 10193 Homes By Chase 1197 Pioneer Court House 116,890 L 2 B 2, Prairie Estates 3rd 10194 Rick Mathison 911 E. 1st Avenue Signs 180 10105 Duane Switzer 685 Monroe Street Storage Bldg. 1,862 10196 Bob Pearson 7802 Hwy 101 Remodel 15,000 10197 Stan Opstad 8029 Martindale Dr. Pole Barn 38,400 10198 Novak Fleck 1341 Thistle Lane House 82,666 L 6 B 3, Meadows 8th 10199 Stephen Strehlow 211 Fillmore Street Garage 6,000 10200 Paramount Structures 1153 Shawmut Street House 139,999 L 3 B 2, Prairie Estates 2nd 10201 David Rutt 468 Market Street House 125,988 L 1 B 1, Market Place 10202 LeRoy Sign Co. 828 E. 1st Avenue Signs 3,000 10203 Lucille Rein 1561 E. 1st Avenue Windows 1,450 10204 Gary Laurent 2415 Lakeview Drive Pool/Deck 60,000 10205 Detail Home Bldrs. 1148 Heritage Dr. E. House 94,500 L 2 B 1, Heritage Place 3rd 10206 Neil Klingelhutz Const. 1124 So. Madison Addition 22,000 10207 Energys, Inc. 5101 S. Valley Ind. Blvd. Tanks 20,000 10208 Rick Sanies Const. 1136 So. Madison Addition 15,000 10209 Brett Berkland 416 W. 2nd Avenue Carport 800 10210 Monnens Custom Bldrs. 525 Market Street Demo 4,500 10211 Universal Forest Products 1570 Hwy 101 Demo 2,000 10212 Joseph M. Miller Const. 1234 Pioneer Court House 103,012 L 7 B 2, Prairie Estates 3rd 10213 Hedtke Construction 1340 W. 3rd Avenue Reroof 16,800 10214 John Laeger 1177 Tyler Street Fence 700 10215 Griggs Contracting 1010 West 6th Avenue Tank 10,000 10216 Durabilt Associates 948 Main Street Garage 8,448 10217 Craig Hallett 1035 Van Buren Porch 8,000 10218 Georgia Halloran 522 E. 1st Avenue Fence 500 10219 Varley Construction 1107 E. 1st Avenue Remodel 3,000 10220 James Hauer 3088 Eagle Creek Blvd. House 95,321 L 8 T 115 R 22 10221 Jeffrey Schmidt 310 Shawnee Trail Stove 550 10222 Norcutt Homes 1292 Miller Street House 116,721 L 16 B 2, Parkview 1st 10223 New Century Const. 1362 Thistle Lane House 80,287 L 7 B 1, Meadows 8th 10224 Novak Fleck 1336 Primrose Lane House 88,144 L 24 B 3, Meadows 8th 10225 Kaufman Sign Co. 1251 East 1st Avenue Signs 11,300 10226 Ziegler Inc. 7950 Hwy 101 Hazardous Waste 40,000 10227 Rich Logeais 1447 Primrose Lane House 87,797 L 10 B 4, Meadows 8th Total: $1,860,826 10205 Detail Home Bldrs. 1148 Heritage Dr. E. House 94,500 L 2 B 1, Heritage Place 3rd 10206 Neil Klingelhutz Const. 1124 So. Madison Addition 22,000 10207 Energys, Inc. 5101 S. Valley Ind. Blvd. Tanks 20,000 10208 Rick Sanies Const. 1136 So. Madison Addition 15,000 10209 Brett Berkland 416 W. 2nd Avenue Carport 800 10210 Monnens Custom Bldrs. 525 Market Street Demo 4,500 2,000 10211 Universal Forest Products 1570 Hwy 101 Demo - 10212 Joseph H. Miller Const. 1234 Pioneer Court House 103,012 L 7 B 2, Prairie Estates 3rd 10213 Hedtke Construction 1340 W. 3rd Avenue Reroof 16,800 Tyler Street Fence 700 1177 T 10214 John Laeger y 10215 Griggs Contracting 1010 West 6th Avenue Tank 10,000 a 8,448 10216 Durabilt Associates 948 Main Street Garage 10217 Craig Hallett 1035 Van Buren Porch 8,000 10218 Georgia Halloran 522 E. 1st Avenue Fence 500 10219 Varley Construction 1107 E. 1st Avenue Remodel 3,000 10220 James Hauer 3088 Eagle Creek Blvd. House 95,321 S 8 T 115 R 22 10221 Jeffrey Schmidt 310 Shawnee Trail Stove 550 10222 Norcutt Homes 1292 Miller Street House 116,721 L 16 B 2, Parkview 1st 10223 New Century Const. 1362 Thistle Lane House 80,287 L 7 B 1, Meadows 8th 10224 Novak Fleck 1336 Primrose Lane House 88,144 L 24 B 3, Meadows 8th ns 11,300 10225 Kaufman Sign Co. 1251 East 1st Avenue Si g 10226 Ziegler Inc. 7950 Hwy 101 Hazardous Waste 40,000 10227 Rich Logeais 1447 Primrose Lane House 87,797 L 10 B 4, Meadows 8th Total: $1,860,826 V6/0£/£sa4x3 sia}lp Jayl0 Ul!M P!IeA ON * sa)e j 6ullood ueA ap!a inoA anuasau of 059£'SVb Ilei 059E-5g 6uiiood !O oo:cAaandau0 aiQ 6ii3 — _ — — as/eye no), sy uS asaLl)O aUO vow,no),II yIUOW Jad ZS$ 00:5.00:8 >{aaM mad S I.$ 0£:4 0£:L saved 1180 0£:V-00:8 _ _ _ - :so!USIioMbuiMollod all of Jale°salnoa food UeA /Sitio sJap!a MaN sep!H sliodeauu!W uI )iaoM oyM easy eadm{eys food IRA 10 at-ii uI suosaad of eoIAJas 1isue�l sseidx3 saauo ` �� {aann au() eeiv aado�{eys110: Y aaad saalnwwo3 siIodeeuu!W 5''13 mm . omo � ° oam m7 ° wK -0.2 -0 oc ° ' ND ` pD mm-03 o E G.3D 7 3cD -fOmK 0if Q w • *. m g' w va — co co'7G (ND Q O w cO 7 O N O cn w 7,� o f X Q 0 w m 0 cp a N. a C 70 3 N co 'x j�D p Z ° � = o�� m_oD'o0a13 �mma� m �mQ�m ° moo axi N o7 7-oN o) 5... m CD a z •ao o m a"'3 a__.c o -' v o m o °f m o s o NAP 3° E'-, o -2 5., 0 f D' v _. 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Q to c°CJ Q j 3 � � as Z aco t >- at Z m .= m 0 a) muj Q � cLaoo - Q = < E0 Ota QL ° > oC ,' Q0 1— d ° _ 3 >. a cc > O W 0 ❑ >, C U Qaj 0 1- 0 Q Q J y 0, ° a ctt Oa a) ao fr 0 ° z c`� ° F- ti o •c ° a W o W a� = W❑ Oi = m a) _ Q m a) a > _ CC ❑ .n 3 -f ° Z2 2I= •3 Z1� .3 _i} §- I-- CC (0 ° Ucc Calendar Parking Notice Both the calendar parking and Snow Emergency Route restrictions will only be enforced when it is necessary to plow snow and until all snow has been removed from the road- way. Calehdar parking will be in effect from November 15, 1992 until April 1, 1993. On odd numbered days beginning at 2:00 a.m. and ending 6:00 a.m., parking on the West and South sides of any street will be illegal. On even numbered days beginning at 2:00 a.m. and ending 6:00 a.m., parking on the East and North sides of any street will be illegal. It is also illegal to park in the central busines- district between 2:00 a.m. and 6:00 a.m. on all days. The central business district means: Levee Drive, 1st Avenue and 2nd Avenue between Sommerville and Fuller Streets; and Lewis, Holmes and Fuller Street between 2nd Avenue and Levee Drive. Vehicles parked in violation of these restrictions may be ticketed. Vehicles which have been ticketed may be towed at the owner's expense if they are not moved within 4 hours of being ticketed. Snow Emergency Routes In addition to the odd-even parking restrictions, certain streets are designated as snow emergency routes. Parking is illegal on both sides of the streets designated as snow ' illi emergency routes. Vehicles parked on a SNOW EMERGENCY ROUTE may be ticketed and TOWED IMMEDIATELY at the owner's expense. THE FOLLOWING STREETS ARE SNOW EMERGENCY ROUTES: Tenth Ave. from Shakopee Ave. to Harrison St. Shakopee Ave. from Tenth Ave. to Eleventh Ave. Sixth Ave. from Holmes St. to Adams St. Fourth Ave. from Holmes St. to Marschall Road Third Ave from Harrison St. to Scott St. Fuller St. from First Ave. to Tenth Ave. Apgar St. from Sixth Ave. to Tenth Ave. Harrison St. from Third Ave. to Vierling Dr. Scott St. from First Ave. to Sixth Ave. Market St. from First Ave. to Tenth Ave. Twelfth Ave. from Adams St. to Taylor St. Spencer St. from First Ave. to Tenth Ave. Vierling Dr. from County Rd. 16 to County Rd.79 -415- MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director DATE: October 27, 1993 NON-AGENDA INFORMATIONAL ITEM FOR CITY COUNCIL Attached is correspondence from the Scott County Highway Engineer updating the City on the following two joint City/County projects: • 4th Avenue/6th Avenue turnback • C.R. 77 upgrade and realignment with Fuller Street This correspondence is being provided to Council as an informational item. DEH/pmp INFORM 41 SCOTT COUNTY HIGHWAY DEPARTMENT . .._ . 600 COUNTRY TRAIL EAST JORDAN, MN 55352 9339 (612) 496-8346 FAX (612) 496-8365 BRADLEY J. LARSON Highway Engineer DANIEL M.JOBE October 19, 1993 Asst. Highway Engineer-Design DON D. PAULSON Asst. Highway Engineer-Construction Mr. Dave Hutton Director of Public Works City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Re: 4th Avenue Turnback CR 77 Project Dear Dave: This is in response to your October 7. 1993 letter on the status of the 4th Avenue turnback and CR 77 paving project/City-County agreement. • CSAH 16--4th/6th Avenue Turnback Procedure and standards for turnback are being developed and discussed with the Scott County Board. As this is the first significant turnback where improvements to the highway are requested as part of the turnback, the County needs to develop consistent criteria to handle all turnbacks contemplated throughout the County. I hope to finalize the turnback late this year or early 1994. • CR 77 paving project plans and the Cooperative Agreement have been in my office waiting, hopefully, for Mn/DOT's Shakopee schedule to be tied down in order to coordinate the two projects. With the delays now anticipated to the Shakopee Bypass in the CR 77 area (1996-97), it would appear that the best idea would be to go ahead next year with the CR 77 construction up to the Bypass project rather than wait two to three more years at best. I will finalize the draft Cooperative Agreement for your review in the next few weeks. If you have any questions or would like additional information, please contact this office. Sincerely, e°631.414S) Bradley J. Larson, P.E. County Highway Engineer BJL/kmg cc: Commissioner Foslid An Equal Opportunity/Affirmative Action Employer TO: CITY COUNCIL FROM: Vernice Takumi SUBJECT: Public Notice DATE: October 28 , 1993 The following advertisment will appear in the Shakopee Valley Newspaper on November 4, and November 11, 1993 : The City of Shakopee will hold a PUBLIC SALE OF SURPLUS PROPERTY at the Old City Hall at 129 East First Avenue on Thursday, November 18 , 1993 from 8 : 30 AM until 4 : 00 PM. Items to be sold consist of used office desks, chairs, equipment, computers, 4 Rainbow Vacuum Cleaners, 46 bicycles, and numerous miscellaneous items. TO: CITY COUNCIL FROM: Vernice Takumi SUBJECT: Public Notice DATE: October 28 , 1993 The following notice will appear in the Shakopee Valley Newspaper on November 4 , 1993 : PUBLIC SALE To Dispose of Unclaimed Property To Whom It May Concern: Notice is herby given that the City of Shakopee shall dispose of certain abandoned property by a public sale at 8 : 30 AM, on Thursday, November 18 , 1993 at the Old City Hall at 129 East First Avenue. Said abandoned property is described as follows: 46 bicycles Dated this 28th day of October, 1993 . Judith S. Cox City Clerk TENTATIVE AGENDA November 3 , 1993 Page -2- 12] Boards and Commissions' Recommendations Continued: Planning: b] Ordinance Amendment for the Light Industrial (I-1) Zoning District - Add' l Conditional Use Provision - tabled 7/20 c] Rezoning of 68 acre parcel south of 4th Ave. and south and west of KC Hall (Lenzmeier Property) - tabled 10/19 13] Reports from Staff: a] Authorizing Hiring of Police Officer *b] Unsafe Traffic Condition *c] Probation Termination of City Employees: Lind, McDermott, Nummer, and Weckman d] Shakopee Public Utilities Acquisition for Water Tower *e] Farm Lease for 1994 *f] Approve Bills in the Amount of *g] Library Carpeting - Approve Quotation *h] Tree Plantings at Lions Park - Approve Quotation *1] Canvassing Returns - Res. No. 3894 - on table *j ] Additional Planning Staff Member *k] Boards and Commissions - Expiring Terms 1] League of Mn. Cities' 1994 Policies and Priorities 14] Resolutions and Ordinances: *a] Ord. No. 365 - Prohibiting Bungee Jumping *b] Res. No. 3886 - Calling Bonds For Redemption *c] Ord. No. 364 - Adopting Snow Emergency Routes *d] Res. No. 3892 - Reassessment of Second Avenue Property (Hicks) *e] Res. No. 3888 - 1993-94 Snow and Ice Control Plan *f] Res. No. 3891 - Appreciation to Shakopee Public Utilities Commission *g] Res. No. 3893 - Approving Agreement With Mn. Dept. of Natural Resources for Tree Planting Grant *h] Res. No. 3887 - Amending The 1993 Budget 15] Other Business: a] b] c] 16] Recess for an Executive Session to discuss litigation 17] Re-convene 18] Adjourn to Tuesday, November 16, 1993 at 7 : 00 P.M. Dennis R. Kraft City Administrator TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA NOVEMBER 3, 1993 WEDNESDAY LOCATION: City Hall, 129 Holmes Street South Mayor Gary Laurent presiding 1) Roll Call at 7: 00 P.M. 2] Approval of Agenda 3] Recess for H.R.A. Meeting 4] Re-convene 5] Liaison Reports from Councilmembers 6] Mayor' s Report 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8] 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. ) *9] Approval of the Minutes of October 19, 1993 10) Communications: 11) Public Hearings: a] Continuation of Public Hearing on proposed assessments for Apgar from 6th to 1st, 2nd Ave. from Atwood to Pierce, and Pierce from 2nd to 3rd, Project No. 1992-6; Res. No. 3879 b) 7 : 30 Public Hearing on proposed assessments for Minnesota Street, Dakota Street, Alley Improvements, Project No. 1993-5 - Res. No. 3890 c] 7 : 30 Public Hearing on proposed assessments for the 1993 Sidewalk Replacement Program, Project No. 1993-11; Res. No. 3889 12] Boards and Commissions' Recommendations: Cable Commission: *a) Amend Cable Budget - Res. No. 3881 TENTATIVE AGENDA HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Meeting November 3 , 1993 1 . Roll Call at 7 : 00 P.M. 2 . Approval of October 5, 1993 Minutes 3 . Other Business a) b) 4 . Adjourn Dennis R. Kraft Executive Director SHAKOPEE HOUSING AND REDEVELOPMENT AUTHORITY REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 5, 1993 Chairman Beard called the meeting to order at 7:08 P.M. with Commissioners Vierling, Lynch, Sweeney, and Mayor Laurent present. Also present: Dennis R. Kraft, City Administrator; Barry Stock, Asst. City Administrator; Gregg Voxland, Finance Director; Dave Hutton, Public Works Director, and Judith S. Cox, City Clerk. Lynch/Vierling moved to approve the Minutes of September 7, 1993. Motion carried with Comm.Vierling abstaining. The Commissioners added to the agenda: 3a) TIF Refunding Bonds. Mr. Voxland explained that Springsted, Inc. is asking if the City desires to refund the 1984 Special Obligation TIF Refunding Bonds. These are the bonds which originally refunded the K-mart bonds at a lower interest rate to save the city money. He explained that the interest rates are again lower and that the city could save $131, 070 if they are issued as general obligation refunding bonds and $117,777 if issued as taxable revenue refunding bonds. He stated that if it is decided to refund the bonds that it would be done at the same time as the sale of the 1993 improvement bonds. Discussion followed. Sweeney/Lynch moved to recommend to City Council to refund the 1984 Special Obligation TIF Bonds with General Obligation TIF Bonds. Motion carried unanimously. Chairman Beard adjourned the meeting at 7: 19 P.M. Dennis R. Kraft Executive Director Judith S. Cox City Clerk Recording Secretary OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA OCTOBER 19, 1993 Mayor Laurent called the meeting to order at 7:05 PM with Cncl. Vierling, Lynch, Beard and Sweeney present. Also present: Dennis Kraft, City Administrator; Barry Stock, Asst City Administrator; Lindberg Ekola, City Planner; Karen Marty, City Attorney; Dave Hutton, Public Works Director, arrived at 7: 20 PM; and Judith S. Cox, City Clerk. Mayor Laurent added 13a) Unfunded Mandates to the agenda. Lynch/Beard moved to approve the agenda as modified. Motion carried unanimously. Liaison reports were given by the Councilmembers. Mr. Ekola arrived and took his seat. Mayor Laurent gave the Mayor's report. Mayor Laurent asked if anyone present in the audience wished to speak on any item not on the agenda. There was no response. Councilmembers deleted the following items from the consent business: llb) Ordering Improvements to McKenna Road, Res. 3882 and 12e) Resolution No. 3881, Declaring Costs to be Assessed & Setting Hearing for 12th Ave. Sanitary Sewer and Watermain, Project 1992-4 . The following item was added to the consent business: 13a) Unfunded Mandates. Beard/Lynch moved to approve the consent business as modified. Motion carried unanimously. Beard/Lynch moved to approve the Minutes of October 5, 1993 . (Motion carried under consent business. ) Beard/Lynch offered Resolution No. 3877, A Resolution Approving Amendment No. 1 of Resolution No. 3843 , A Resolution Approving the Final Plat of The Meadows 9th Addition, and moved its adoption. (Motion carried under consent business. ) Mayor Laurent stated that he had a business interest in the Minnesota Valley 8th Addition and removed himself from the discussion and the vote. Mr. Ekola gave a brief presentation on the preliminary plat of Minnesota Valley 8th Addition. He stated that the Planning Commission reviewed the proposed preliminary plat and recommended approval to the City Council subject to eleven conditions. Mr. Ekola stated that the construction of Vierling Drive is dependant upon the final plat of this project. Official Proceedings of the October 19, 1993 Shakopee City Council Page -2- Mr. Hutton stated that the sewer portion of this plat will be connected directly to the adjacent plat not to the VIP Interceptor. He stated that the VIP will be constructed this Fall and be done by next winter. Beard/Sweeney offered Resolution No. 3876, A Resolution Approving the Preliminary Plat of Minnesota Valley 8th Addition, and moved its adoption. Motion carried with Mayor Laurent not participating in the vote. Beard/Vierling moved to authorize the hiring of an appraiser to perform an appraisal of the plat, and moved its adoption. Motion carried with Mayor Laurent not participating in the vote. Mayor Laurent opened the public hearing at 7:40 PM on the proposed assessments for Apgar from 6th Avenue to 1st Avenue, 2nd Avenue from Atwood to Pierce, and Pierce from 2nd Avenue to 3rd Avenue, Project No. 1992-6. Mr. Hutton gave a brief presentation on the proposed assessments. He stated that reconstruction of pavement is 25 percent assessed, gravel roads are 100 percent assessed, and sewer and water were not assessed. Mr. Hutton explained the four street segments improved and the assessment alternative used for each. Mr. Hutton stated that Rahr had previously stated they would pay for oversizing costs of the streets due to heavier street section needed for their trucks, in the amount of $10, 000. Rahr has since paid that amount. Mr. Hutton commented that if unacceptable building materials for the sewer service lines were found by the inspectors, the damaged portions were replaced from the main to the property line. Cncl. Sweeney explained to the audience the appeal process and what they would need to do if they wished to appeal their assessments. Ms. Cox explained to the audience the methods of payment available to the assessed parties. Ms. Marty commented that the interest rate is 6 1/2 percent. Cncl. Sweeney stated that a letter was received on October 17, 1993 signed by a number of parties involved in this project. Frank Paron, 6th & Apgar South, asked whether any penalties were brought against the contractor for the late timing of the project. He asked whether the letter, signed by parties involved, constituted an appeal. Official Proceedings of the October 19, 1993 Shakopee City Council Page -3- Mr. Hutton commented that the final completion date was June 30, 1993 and that date was met by the contractor. Being no further comments from the audience, Mayor Laurent closed the public hearing at 8:03 PM. Lynch/Vierling offered Resolution No. 3879, A Resolution Adopting Assessments for Apgar Street, 6th Avenue to 1st Avenue; 2nd Avenue, Atwood Street to Pierce Street; and Pierce Street, 2nd Avenue to 3rd Avenue, Project No. 1992-6, and moved its adoption. Mr. Hutton stated that Mr. & Mrs. Frank Paron submitted a letter in May asking the Council to reduce assessment because of the inconvenience. Cncl. Sweeney stated that he would be opposed to reducing the assessments based on hardships, because all construction projects are hardships. Ms. Marty stated that Minn. Statutes states that in order to appeal the property owner must sign an objection to the amount of the assessment. She stated the letter in front of the Council at this time does not speak specifically to the properties involved and therefore, would not constitute an appeal. Karen Paron, 503 W. 6th Avenue, commented that many people who signed the letter were not available at the meeting and thought the letter would constitute an appeal, therefore, did not appear at the meeting. She asked the Council for an extension to appeal. Ms. Marty stated that Statute states that deadline for the appeal process is the adjournment of the meeting. Cncl. Sweeney suggested tabling the motion until the following meeting to give the people a chance to appeal. Lynch/Vierling moved to withdraw the motion as previously stated. Mayor Laurent reopened the public hearing at 8: 30 PM. Lynch/Vierling moved to continue the public hearing to the next regular Council meeting, Wednesday, November 3 , 1993 . Motion carried unanimously. Cncl. Sweeney suggested notifying the people who signed the letter by mail and inform them of what has happened. Mr. Ekola gave a presentation on the rezoning request for a 68 acre parcel owned by the Estate of Lorraine Lenzmeier from R-4 (Multi- Family Residential) to R-2 (Urban Residential) . He stated that the Official Proceedings of the October 19, 1993 Shakopee City Council Page -4- Planning Commission recommended denial because the request is inconsistent with the adopted land use plans of the City. Cncl. Sweeney commented that R-4 allows for single-family housing and would be opposed to changing the rezoning for economic purposes. Councilmembers discussed set back requirements for the R-4 district and also if a Planned Unit Development (PUD) was used what the contractor could accomplish. Mayor Laurent stated the PUD is required for two reasons: One, the site lies within a mandatory PUD area. Second, a PUD would be required with the multi-family housing area for building more than one building on a lot. Councilmembers discussed the options of rezoning this land and the PUD requirements for R-2 and R-4 districts. Mr. Jim Johnston, Sienna Corporation, stated that the Lenzmeier's would like for this property to be R-2 zoning to accomplish the multiple kinds of housing they would like. He stated they did not want to remove the PUD requirement from the multi-family property. Mr. Johnston stated that these homes would be in the range of $95 to $120, 000. He commented that because of the limestone in this area, the houses would be built accordingly; some with basements, some with half basements. He commented that they were concerned with the set backs required in the R-4 which could make this project financially unfeasible. Mayor Laurent stated that if this property remained R-4 and the PUD remained also, the builders could still do as they wished and have more options. Discussion ensued on the rezoning request and on removing this area from the Mandatory Planned Unit Development Area. Mr. Ekola stated there is a requirement for 24 percent open space with single-family housing in a Planned Unit Development. He stated that park dedication land was not included in the 24 percent. Vierling/Beard moved to rezone the property to R-2 (Urban Residential) and to delete the site from the mandatory PUD area. (Lenzmeier property south of 4th Avenue and West of KC Hall) . Sweeney/Lynch moved to table to the November 3 , 1993 regular meeting. Motion carried unanimously. Mayor Laurent recessed the City Council meeting for a short break at 10: 00 PM. Official Proceedings of the October 19, 1993 Shakopee City Council Page -5- Mayor Laurent reconvened the City Council meeting at 10:14 PM. Mayor Laurent advised Council that a party in the audience would like to discuss an issue that was not on the agenda. Mike Mobley, 838 East Fourth Avenue, stated that he would like to get a variance to develop his property into two lots. Cncl. Sweeney informed Council that his property is a Meets and Bounds description, so a simple lot split is not possible. Discussion followed. Ms. Marty told Mr. Mobley to have his attorney contact her to work this variance out. Beard/Lynch moved to direct the Planning Commission to review the proposed official map (for a future water storage site) and forward a recommendation to the City Council. (Motion carried under consent business. ) Mayor Laurent commented that Shakopee has not had a situation where a party was willing to pay for a road that did not directly abut their property. He stated that since improving McKenna Road benefits other property owners should they also be assessed for this project. Mr. Hutton stated that a feasibility report was done on this project in March. He stated there would be two sources of funding for this road that would adequately cover the costs of the project. He also commented that Council needs to review the assessment policy for this particular road, since some assessments were coming up at $40, 000 per land owner using the current assessment policy. Cncl. Vierling suggested looking at a new assessment policy, possibly assessing 25 percent of the cost regardless of other funding. Sweeney/Lynch moved to table ordering improvements to McKenna Road until alternatives to the assessment policy are available to review. Motion carried unanimously. Beard/Lynch moved to provide insurance for the Assistant Mechanic's tool set and to replace lost or worn out tools within the insurance deductible. (Motion carried under consent business. ) Beard/Lynch moved to approve bills in the amount of $1, 075, 406. 26. (Motion carried under consent business. ) Beard/Lynch offered Resolution No. 3878, A Resolution Changing the November 2 , 1993 Council Meeting Date, and moved its adoption. (Motion carried under consent business. ) Official Proceedings of the October 19, 1993 Shakopee City Council Page -6- Beard/Lynch offered Resolution No. 3883, A Resolution Authorizing Issuance and Sale of $1.4 million General Obligation Improvement Bonds, Series 1993B, and moved its adoption. (Motion carried under consent business. ) Beard/Lynch offered Resolution No. 3884, A Resolution Authorizing Issuance and Sale of $1 Million General Obligation Tax Increment Refunding bonds, Series 19930, and moved its adoption. (Motion carried under consent business. ) Beard/Lynch offered Resolution No. 3880, A Resolution Requesting that Mn/DOT Approve of an Off-System Expenditure of Municipal State Aid Funds for 4th Avenue, Between Fillmore Street and Naumkeag Street, Project No. 1993-7, S.A.P. No. 166-020-05 and moved its adoption. (Motion carried under consent business. ) Mr. Hutton stated that the SPUC portion of the costs has increased by $60, 000 for the 12th Avenue Sanitary Sewer and Watermain Project. He stated that there would be no need for a public hearing on the proposed assessments since Valley Green waived their right to a hearing. Mr. Hutton informed Council that the sewer crossing the bypass to the South was designed with MetWaste. Since the construction of the sewer lines, MetWaste has decided to move the crossing to the North side of the bypass. This change would cost the project an additional $100, 000. He stated the Council could either assess Valley Green for the cost; pay out of City funds or approach MWCC to pay for some of the costs. Councilmembers decided to contact MWCC to see what sort of reimbursement they could receive and not assess Valley Green. Mr. Jon Albinson, 5276 Valley Industrial Boulevard South, requested this issue be put on the November 16th meeting agenda so he could present additional information on the cost of the sewer lines on 12th Avenue to Valley Green Business Park and possibly other costs incurred that were not necessary. Council concurred. Beard/Lynch moved to adopt Ordinance No. 363 , An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 9, Parking Regulations, Sec. 9. 50, Parking During Street Maintenance, Snowy Weather and in Central Business District, by Repealing Subd. 8, Snow Emergency Routes, and Enacting One New Subdivision in Lieu Thereof, Relating to the Same Subject and moved its adoption. (Motion carried under consent business. ) Beard/Lynch offered Resolution No. 3885, A Resolution on Unfunded Mandates and moved its adoption. (Motion carried under consent business. ) Official Proceedings of the October 19, 1993 Shakopee City Council Page -7- Beard/Lynch moved to direct staff to send a copy of the unfunded mandates to the LMC before October 27th. (Motion carried under consent business. ) Vierling/Sweeney moved to adopt the AMM Legislative Policies for 1994 as presented. Motion carried unanimously. Mr. Kraft stated that any suggestions for the elected Met Council should be submitted to him. Mayor Laurent recessed the City Council meeting at 10: 50 PM for an Executive Session to discuss acquisition of property and collective bargaining. Mayor Laurent reconvened the City Council meeting at 11: 42 P.M. Sweeney/Lynch moved to direct staff to investigate the cost of an additional planner because of the need for trying to keep up with the on slot of development we are presently experiencing to be hired no later than January 1, 1994 , and, to investigate the fees that are charged for development related activities by Cities in the same category as we are because of development demands. Motion carried unanimously. Mayor Laurent adjourned the meeting. The meeting adjourned at 11: 45 PM. HtAzidti J5ith S. Cox City Clerk Debra Zabel Recording Secretary 7 3 November 1993 Jill M. Loney Robin R. McCullough 2187 East Highway 101 Building #8 Shakopee, MN 55379-1754 City Council Members, This correspondence is in reference to a letter that I submitted to the city council at the August 3, 1993 City Council Meeting. This letter of concern was in regard to the living conditions at Murphy's Landing and was read into the record that evening. Since that date, it does not appear that the management at Murphy's Landing has done much ( if anything) to correct the items that were brought to your attention. I would like to briefly reiterate my concerns including a more detailed explanation of each item. (ENCL. A) On or about the week of March 22, 1993, I made a telephone contact with Barry Stock regarding persons living in several historic dwellings at Murphy's Landing that do not meet proper city/state building or fire codes ( i.e. , no electricity, running water, plumbing, smoke detectors, etc. ) . An inspection was conducted by City Building Official Fulton Scheisman and Assistant City Administrator Barry Stock with Murphy's Landing Executive Director Gerry Barker on March 30, 1993. Of the 4 historic homes inhabited at that time, only one (The Berger Farm) was shown to City Officials by Mr. Barker. Prior to the inspection, Mr. Barker instructed his Chief of Maintenance to move a smoke detector from the Ryan Farm House to the Berger Farm House. This house was occupied by a family of 4, prior to, and at the time of the inspection. (SEE ENCL. B) A letter dated April 12, 1993 was sent to Mr. Barker from the City Building Department requesting a "plan or standard operating procedures for the occupancy of the homes on site" . (SEE ENCL. C) Four months after this request Mr. Barker submitted a 5 page document titled "Instructions for Residents of Murphy's Landing" dated August 12, 1993. These pages are mere _ guidelines for tenants and I doubt anyone would mistake this document as any type of plan. (SEE ENCL. D 1-7 ) It should also be noted that neither the City Building Department nor the City Administrator have any record of Mr. Barker's alleged permission to conduct the "experiment" or "research" of allowing persons to live in the historic homes on site. The junk auto situation has not changed to this date. The 4 vehicles in question still remain parked in the east parking lot. These vehicles are not licensed, insured or driveable . A policy dated August 19, 1993 was distributed -to all tenants living at Murphy's Landing by Director Barker that states, "All non-licensed non-working vehicles will be removed by September 1, 1993 or the owners will be billed for their removal" . I would like to see this policy enforced as stated, and that these junk vehicles are removed from city property as advised. (SEE ENCL. D4 & D6) At this time there are 7 persons living in 4 of the historic structures and there is a rumor that a family of 5 will be moving into the O'Conner House in the near future. It is my feeling that Murphy's Landing is a museum and that the concept of allowing persons to live in the historic homes causes undue wear and tear on the dwellings and artifacts, overtaxes the sewer, water, heat and electric systems and remains to be a major health and safety concern for all parties involved. If the city continues to allow this practice, I feel that a proper and through fire and safety inspection should be completed for all currently inhabited historic structures and those dwellings that are frequently used by "overnight" and "weekend" guests. A minimum warrant of habitability should be issued before someone is seriously injured. The enclosed booklet contains photos with brief descriptions, a site map that depicts the status of each inhabited dwelling and some other materials that are pertinent to these matters. I am available to answer questions regarding these matters at anytime and very much appreciate your time in reviewing these materials. Very Respectfully Su• - • 'obi R. cCullough Ji 1 M. Loney 's Landing Home 445-9730 Pager 648-2882 A This letter was read before the City Council and the Public. 3 August 1993 This letter is in reference to our understanding that representatives of Murphy's Landing are here this evening to solicit funds from the City of Shakopee. There are many issues both administrative and financial that should be thoroughly investigated before any funds are distributed. Currently there are 26 residents at Murphy's Landing, 12 of which are living in historic homes that do not meet building or fire codes. There are not proper facilities for these people therefore the bathroom, shower and laundry facilities are overtaxed creating extremely expensive repairs. There is an accumulation of junked vehicles that are not licensed, insured or driveable. There is also use of unauthorized firearms being illegally discharged within the city limits. With further research of the financial situation at Murphy's Landing you will find the list goes on and on. Therefore this letter is to discourage the City of Shakopee from allocating any funds to Murphy's Landing and a warning to city businesses not to be taken further advantage of until a financial investigation is completed. We find the activities of the current management of Murphy's Landing to be unacceptable in Shakopee or in any community. Concerned Citizens of Shakopee, v(itv ()(1Nitd- Jill M. Loney Ro: . McCullough �\ 2187 E. Highway 101 Building #8 Shakopee, MN 55379 CITY OF SHAKOPEE DATE TIME - . INSPECTION NOTICE CALLED-IN / • - PERMIT NO. SCHEDULED -34:3-g3 ` ADDRESS/ 6•177-5- .2E72-z2/7 OWNER PHONE CONTRACTOR /-3-93 • FOOTING PLUMBING RI F SEPTIC INSTALL. w _ FRAMING PLUMBING FINAL GAS TEST ,. , a INSULATION HEATING RI FIREPLACE a WALL BOARD HEATING FINAL WATER HOOKUP - . - z J FINAL SEWER HOOKUP . • - z COMMENT arry 5249 i uo1 4f I— fc., e,;•, Y";-1,F,,,-.--.....---fF.;.�<h °,-off X55 f �L� -� ,, 4,, 7 4:5?""ile-1-17&-..-of&-..z. :3 : ::...•.. '._-'•-. - - . • -• 1 : • -- -- . . >- . w/7 (, / kVA.- w . i (---741.,,,r7 u.)1Y7 -- ..•? 54 74.7 . . • .- z �I/ 6 l a Yr 4 /eJ D� . . . r w /(!/�ti t'lrr�ty e /yt - O WORK SATISFACTORY: PROCEED. PHOTO TAKEN . w -_ w CORRECT WORK AND PROCEED. .. • • 0 . CORRECT •WORK. CALL FOR REINSPECTION BEFORE COVERING. .: - . . STOP ORDER POSTED. CALL INSPECTOR. ' -- ' INSPECTION REQUIRED. CALL TO ARRANGE ACCESS. - CALL FOR NEXT INSPECTION 24 HOURS IN ADVANCE . . OWNER/CONT- •CTOR . INSPECTOR ����' Z/ 445-3650 _ /�„F.,,__ 0,,,'e . _�.� tel.. _ yr��.r�c. _�..s- wr. r..+..1.�� -.-.• ��� ____. CITY OF SHAKOPEE t ` INCORPORATED 1870 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379.1376 (612)445.3650 17,• j� April 12, 1993 Mr. Gary Barker Manager Murphy' s Landing 2187 E. Highway 101 Shakopee, MN 55379 Dear Mr. Barker: Thank you for the recent opportunity to tour the occupied period homestead. As we discussed on site, it would be most helpful to have a copy of your plan or standard operating procedures for the occupancy of the homes on site. Please forward those materials to me at your earliest convenience. If you have any questions, do not hesitate to call. Sin erely, Fulton Schleisman Building Official FS/jms cc : Barry Stock Assistant City Administrator The Heart Of Progress Valley D1 Instructions for Residents of Murphy's Landing August 12, 1993 The purposes for having people live in the structures here at Murphy's Landing is to save buildings that would otherwise be lost and to create a community atmosphere believable to our visitors. It is not a right or a foregone conclusion that a position at the Landing entitles one to quarters on the site. The guiding rule for all people working in or living in the buildings is that no activity may take place that endangers the existence or historical integrity of the buildings. Renovation of Buildings It is the intent to renovate each building in our possession.and to maintain them in the most appropriate manner. One of the key purposes of allowing occupation of the buildings is to prolong their lives and usefullness. 1. Plans for renovation of the buildings must be approved by the Board of Trustees. 2. Renovation should be consistent with the Long Range Plans and the Goals of the Minnesota Valley Restoration Project, Inc. Alteration of Buildings The basic intent of Murphy's Landing is to preserve and interpret the heritage of the Minnesota River Valley. As such the buildings altered in any way endanger or destroyat would parts of hamper their intended use. Furthermore, not alteration may the.original structure. 1. Minor alterations of buildings may be approved by the Director. 2. Major alterations must be approved by the Board of Trustees. Plumbing Because Murphy's Landing interprets the history of life in the Minnesota River Valley ofthese from 1840 to 1890, indoor plumbing would not normally have been a part of any structures. Yet, there are health restrictions that make the exact recreation of life in the nineteenth century impossible today. 1. The addition of plumbing to any house must be approved by the Board of Trustees. 2. Portable chemical waste disposal units are permissible as long as there is no evidence of their existence to visitors. 1 D2 Electrical Because of the inherent danger of fire or other accidents, the addition of electrical power to the buildings is forbidden. Present alterations may eBoard of Trustees.further additions to the system are discouraged but may be approved by the Wood Stoves and Fireplaces The traditional use of wood heat is dangerous. For this reason, es hicillhimneys onsybewill beapclean d monthly. Stoves will be kept in good repair. Changes of sto by the Director. Painting • Painting of the historic structurs will be the responf bt�eibui ding and materials available of the tennants. Color and paint selection will be made based on the history o at the time to be interpreted. Color schemes will be aproved by the Director. Physical Safety A farming community, of any era is a dangerous placEacresident t endanger thers oln the e for his own safety and the safeyt of those around him. Actions site will result in the person performing the act being asked to leave the site. Tools will be treated and cared for properly. Animals will be handledsafely. Fire Arms No modern fire arm of any type will be discharged on Murp yf the D reg. Muzzleloadersr. Bland firing black powder may be fired on the range with approval firing of black powder weapons is permissible anywhereo ot ne used site with withe appt pero a s of the e f Director of Interpretation. Air powered weapons will the Director and not without adequate adult supervision. No slingshots or cross bows will be used on the site. Fire Safety All inhabited buildings will have a minimum of one working e se smokeedetectorr s plaeacced to be heard by sleeping inhabitants. There will be at least interpreted or inhabited structure on the site. There will also be n any passable inhwalkways left throughout the building. No flamable materials will be re with the exception of normal household items and firewood. Kosene will beinsstored ds of outside the structure. The Chfreqef of Maintenance uent qulconduct arter. periodic the site that will be no less than once per 2 D3 Laundry Tennants, interpreters and persons engaged in research e projectsbasisIt shareirthe the responsibility of facility. It is operated on a strictly first come, first each user to clean up after themselves. Abuse of this priviledge will result in the loss of access to the laundry. Restrooms and Showers ffice Toilet and bathing facilities are available at the Red Brn,Tabaka and the Oit d additional toilets are inthe White Barn. These are i ble for resident use,however, is the responsibility fo the residents to clean up after themselves. requirese a great Floors dwill be left dry, and all garbage placed in recepticals. Living as we consideration for our neighbors. Periodic cleanings will be a community effort of allof us living on the site. Telephones Office telephones may be used if necessary. We ask that calls be limited. Long distance calls will be logged and a bill sent to the individual. Key Control Buildings may be locked with your own lock. The Chief of Maintenance will be given a spare key so there will be emergency access. Mail Mail delivered to Murphy's Landing will be placed in individuals' boxes, it is up to each of us to check our boxes periodically. Conduct iffrence Each of us represents Murphy's Landing. to the public there ino Additionallyswe lvein very closeen an interpreter on duty or one of us on tour day off. other's rights and quarters, surrounded by visitors. We must all be conos�be toleratederate of h Visitors, potential needs. Loud, boisterous and othersimpolite �vill be spoken to courteously. customers on the telephones Alcohol There will be no consumption of alcoholic beverages by staff during the hours we are open to the public. Drunkenness or intoxicated behavior will of be tolerated. At social functions, controlled use of alcoholic beverages is perm 3 D4 • Dress Residents of the historic buildings will be in proper period dress if they out where the public can see them. Traveling from the homes to the office or to automobiles will not requier period dress. Young people in particular sholuld be in period costume if they are going to play or travel for prolonged periods in public areas. Disputes Each of us must do our part to reduce the friction that occurs naturally among people living in close quarters. We ask each of you to attempt to settle disputes on your own. Disputes will be arbitrated by the Director, or may be brought of the Board of Trustees if necessary. Motor Vehicles 1. Will be driven safely on the site at all times. 2. The Maximum speed limit on Murphy's Landing is 15 miles per hour. 3. All modern vehicles will be parked in either the West Parking Lot or the mail lot at the White Barn during the hours the site is open to the public. 4. Non working automobiles will not be sored at the Landing. If the car is going to be repaired, it may be left for a short period of time. If not, the vehicle will be removed. Pets 1. No pets will be allowed to run loose on the site, they must be leashed or in the buildings. 2. Owners are responsible for the damage or messes of their animals. 3. Because Murphy's Landing is a public attraction, all animals kept on the site will have their innoculations kept current in accordance with provisions of the city, Scott County and the State of Minnesota. Farm Animals 1. Farm animals are not pets and will be handled, maintained and trained in a safe manner. 2. No activity or treatment of any animal will be permitted which might endanger the animal or cause it to become a danger to the public. 4 DS Storage Facilities There is limited storage space on the Landing, however, space is available at the White Barn. Arrangements must be made with the Maintennance Supervisor for access and space. Liability A contract will be executed between the individuals to live in the structures ctures and The Murphy's Landing that will define the liabilities and respnpsibiilitiesbo e ht to ach t site, will not be liable for material stored here or anyproperty $ 5 • Policy Files D6 Policy 1 August 19, 1993 _ AUTOMOBILES 1. No vehicles are allowed on the site during public hours. At other times, automobile traffic on Murphy's Landing will be limited to deliveries (we ask that this be less than 30 min.). 2. Automobiles will be parked in the two enclosed parking lots at either end, the area adjacent to the West Gate will be reserved for'customers. 3. The speed limit on Murphy's Landing is 10 miles per hour. 4. No non working vehicles will be stored on Murphy's Landing, vehicles that are going to be repaired may be stored with permission of the Director. 5. All non licensed non working vehicles will be removed by September 1, 1993 or the owners will be billed for their removal. • D7 Policy Files . Policy 2 August 19, 1993 FIREARMS AND WEAPONS • - . 1. No highpowered modern fire arms will be discharged on Murphy's Landing. 2. Live firing of mn7zleloading weapons is limited to the Rifle Range. Clearance must be obtained from the Director. 3. Blank firing of black powder weapons may be performed anywhere on site,however clearance must be obtained from the Director of Interpretation. 4. No sling shots, crossbows or other non period projectile launching devices may be used on the site. • 5. Air rifles and pistols are permissible however,permission must be obtained form the ' Director. 6. Minors engaged in any form of weapons use will be under the direct supervision of a responsible adult. • 1 l/Q MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Apgar Street Project Project No. 1992-6 DATE: October 26, 1993 INTRODUCTION & BACKGROUND: On October 19, 1993 the City Council held a public hearing to consider the special assessments for the above referenced project. The public hearing was continued until November 3, 1993 to allow property owners additional time to appeal their assessments. Attached is Resolution No 3879 which adopts the special assessments for this project for City Council consideration. ACTION REQUESTED: Offer Resolution No. 3879, A Resolution Adopting Assessments for Apgar Street, 6th Avenue to 1st Avenue; 2nd Avenue, Atwood Street to Pierce Street; and Pierce Street, 2nd Avenue to 3rd Avenue, Project No. 1992-6 and move its adoption. DEH/pmp MEM3879 Y ani:.'.•. >,,�,. SHAKOP :E October 21, 1993 Frank & Karen Paron Duane Dellwo Carol & George Breeggemann Florence Eidsvold Donald Hennen Terry & Kate Furst Albert Olson Bruce Clausen RE: 1992-6 Apgar Street Improvements Ladies and Gentlemen: The city council received a copy of your letter dated October 17 , 1993 wherein you asked for a reduction in your special assessments due to inconvenience, mess and extra expense during the construction period. City Council received the letter at the October 19th public hearing on levying the special assessments for the above mentioned improvements. City Council did not amend the proposed special assessments at the October 19th public hearing. They felt that all public improvements cause inconvenience to affected property owners and to reduce the assessments for this project would set a precedent for future improvements. They also acknowledged the inconvenience to downtown businesses as a result of the current construction taking place in the downtown area. If you feel that the assessments proposed for your property are higher than the appreciation of your property due to the reconstruction, you may appeal your assessment. Please review your original notice of the hearing on the proper procedure. The first step is to present a letter to the City Clerk or to the Mayor prior to the conclusion of the public hearing stating that you intend to appeal your assessments. Because the above mentioned letter was not clear whether or not you wished to appeal your special assessments, City Council continued the public hearing until November 3rd. If you wish to appeal your special assessments, please submit a letter to me prior to November 3rd or to the Mayor at the continuation of the public hearing on November 3rd. If you have any questions regarding this matter, please give me a call. Sincerely, ' Judith S. Cox, City Clerk COMMUNITY PRIDE S NCE 1857 129 Holmes Start South• Shakopee,Minnesota• 53379-1351 - 612-445-3650 • FAX 612-445-6718 10-17-93 To whom it may concern, I am writing this letter in regards to the recent proposed assessment that I received. The property is located at 504 W 2nd Ave . block 6 lot 35 . I have owned this property for over eleven years . I am currently planning to put the house on the market. My understanding is that the reason I am to pay for these supposed improvements is that they increased the value of my property. The differences that I have noticed since the improvements are a new curb and new tar. I didn ' t notice them near as much as I did the inconvenience their construction caused. Now that they are there I have noticed that there is one more noticeable difference . I have no more "off street" parking. The widening of the street makes it difficult to park a vehicle in the driveway with out a danger of it getting hit. Because of the new curb I can no longer pull a car off of the street. The above listed reasons are the reasons I disagree with the term improvements . I don' t honestly think any future buyer of my house will be willing to pay an extra $3185 .02 for a house of this vintage just because it has new pavement in front of it. Any consideration of a reduction to the proposed assessment value would be greatly appreciated . Your truly, Xi, 1°- - Mike Borgstrom Owner R.)-/UAnj 10 - If - , e s • af • ' • •• • z ..1"._,.....::::"..: .74--t- i-- t t= 3 y • - •fit • z. _ - _ . .. . • • • • ....,'-.:1',i...7...%'':.T - L RESOLUTION NO. 3879 A Resolution Adopting Assessments For Apgar Street, 6th Avenue To 1st Avenue; 2nd Avenue, Atwood Street To Pierce Street; And Pierce Street, 2nd Avenue To 3rd Avenue Project No. 1992-6 WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of: Apgar Street, 6th Avenue to 1st Avenue; 2nd Avenue, Atwood Street to Pierce Street; and Pierce Street, 2nd Avenue to 3rd Avenue by street reconstruction, pavement, sanitary sewer and watermain. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That such proposed assessment together with any amendments thereof, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be benefitted by the proposed improvements in the amount of the assessments levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of ten years, the first installment to be payable on or before the first Monday in January, 1994, and shall bear interest at the rate of 6.5 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31, 1994 and to each subsequent installment when due shall be added the interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor,pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; the owner may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list, and may pay the remaining principal balance of the assessment to the City Treasurer. 4. The Clerk shall file the assessment rolls pertaining to this assessment in her office and shall certify annually to the County Auditor on or before November 30th of each year the total amount of installments and interest on assessments on each parcel of land which are to become due in the following year. 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APGAR TO ATWOOD PROJECT NO. 1992-6 9/93 Revised 10/15/93 Legal Front Street Sanitary Total PID Property Owner Description Foot Assessment Service Assessment 27-001264-0 BARBARA JEAN BREUER N. 62' OF LOTS 6&7&W. 120.00 $1,976.21 $108.50 $2,084.71 208 ATWOOD ST. 42' OF S. 80' OF LOT 7 SHAKOPEE, MN. 55379 BLOCK 33 SHAKOPEE PLAT 27-001266-0 DOROTHY E THUL LOT 8&E 1/2 OF LOT 9 90.00 $1,482.16 $237.60 $1,719.76 320 W. 2ND AVE. BLOCK 33 SHAKOPEE, MN. 55379 SHAKOPEE PLAT 27-001267-0 CITY OF SHAKOPEE W. 1/2 OF LOT 9&ALL OF 90.00 $1,482.16 $579.80 $2,061.96 129 S. HOLMES STREET LOT 10 BLOCK 33 SHAKOPEE, MN. 55379 SHAKOPEE PLAT 27-001272-0 JER-MOR ENTERPRISES INC LOT 6&EX.W.40' OF LOT 7 80.00 $1,317.47 $744.00 $2,061.47 206 S. SCOTT BLOCK 34 SHAKOPEE, MN. 55379 SHAKOPEE PLAT 27-001273-0 BRETT BERKLAND W.40' OF LOT 7 40.00 $658.74 $475.20 $1,133.94 416 2ND AVE.W. BLOCK 34 SHAKOPEE, MN. 55379 SHAKOPEE PLAT 27-001274-0 WILLIAM FEYEREISEN E. 55' OF LOT 8 BLOCK 34 55.00 $905.76 $409.20 $1,314.96 420 W. 2ND AVE. SHAKOPEE PLAT SHAKOPEE, MN. 55379 27-001275-0 GARY L MORTENSON &WIFE W. 5' OF 8 AND BLOCK 34 SHAKOPEE, LOT 9 65.00 $1,070.45 $66.00 $1,136.45 428 W. 2ND AVE. SHAKOPEE, MN. 55379 SHAKOPEE PLAT 27-001276-0 DOUGLAS E. &JODY L. SORENSON LOT 10 0BLOO PK34 AT 60.00 $988.11 $501.60 $1,489.71 438 W. 2ND AVE. SHAKOPEE, MN. 55379 TOTALS= 600.00 $9,881.05 $3,121.90 $13,002.95 ASSESSMENT COST/FRONT FOOT= $16.4684 i 1 6 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Minnesota Street/Dakota Street/Alley Project No. 1993-5 DATE: October 27, 1993 INTRODUCTION: Attached is Resolution No. 3890 which adopts the assessments for the above referenced project. BACKGROUND: This project consists of the following segments: o Upgrading the gravel street portion of Minnesota Street between 7th Avenue and the alley just north of 7th Avenue by adding pavement, curb & gutter and storm sewer. o Reconstructing Dakota Street between 7th Avenue and the alley just north of 7th Avenue. o Upgrading the alley north of 7th Avenue from Market Street to east of Dakota Street by adding pavement and storm sewer. This project was ordered by the City Council to correct a sewer drainage problem and to upgrade the streets adjacent to the new Milwaukee Manor Subdivision. The gravel street and alley segments are 100% assessed and the paved segment that was reconstructed was 25% assessed. The alley was assessed to all abutting property owners on a front foot basis and Minnesota/Dakota Streets were assessed using the zonal assessment method. The project has been completed and all project costs have been identified. The contractor still has some work to do on driveways and grading at the east end of the alley to provide a positive outlet for drainage, but this work will not increase the project costs or assessments. The final project costs are $73,824.85, which consists of construction costs totalling $52,465.24 and engineering/administrative costs totalling $21,359.61. The original feasibility report had estimated the project costs to be $71,700.00. Of this amount, $34,797.20 will be assessed ($36,290.00 was estimated), $24,640.28 will be paid for out of the Storm Drainage Fund ($23,600.00 estimated) and $14,387.38 will be the City wide, non-assessed portion($11,810.00 estimated). Attachment No. 1 summarizes the assessments and non-assessed portions for each segment. For Dakota Street,the assessments were credited due to the street oversizing(40 foot vs. 36 foot). Hence, only 23.6% was assessed for this segment. In addition, the feasibility report had recommended using 3 lots east of Dakota Street for the zonal assessment, rather than the 2 1/2 lots normally used, but upon further review of this issue, staff has revised the assessment roll to use 2 1/2 lots. A public hearing has been scheduled for November 3, 1993 to consider the special assessments. Attached is Resolution No. 3890 which adopts the special assessments for this project. ALTERNATIVES: 1. Adopt Resolution No. 3890. 2. Deny Resolution No. 3890. 3. Table Resolution No. 3890. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3890, A Resolution Adopting Assessments for the Alley Located Between Market Street and Outlot A of Eastview Addition (Blocks 309, 314 and 317 of Wermerskirchen's Addition) and Minnesota Street/Dakota Street from 7th Avenue North to the Alley, Project No. 1993-5 and move its adoption. DEH/pmp MEM3890 CO -..1 O COO0)) CO 0 CO CO Q N N CO CV 0 Cl)CT) 4 C7 T T T N N Ea Ea Ef} Et CO 2 cc O 0 O c\i N O ( co C(O NC V) Ea r Cl) w O U) Z a Z Z�" I z Z Q O o °0 o M Z L1.1 � Ill jZ m co M 2 UE U Q H H Q wo CO w D 0 N u) rn N. E N. w _ - d 4t- u) T T Ee COC Q 09" E& 17) CU '4-^I V J N as E Q a C O i < Q 2 0 u) i- ATTACHMENT NO. 2 ASSESSMENT CALCULATIONS 1. ALLEY - 100% ASSESSED, FRONT FOOT Total Alley Cost = $14,974.00 Total Front Foot = $ 1,647.13 Cost Per Front Foot = $9.09 (Feasibility Estimated $9.94 Per Front Foot) 2. DAKOTA STREET - 25% ASSESSED, ZONAL Total Cost = $18,836.98 Total Assessed Cost = $4,449.60 Total Number of Lots = 5 Cost Per Lot = $889.92 (Feasibility Estimated $716.36 Per Lot) 3. MINNESOTA STREET - 100% ASSESSED, ZONAL Total Cost = $15,373.60 Total Number of Lots = 5 Cost per Lot = $3,074.72 (Feasibility Report Estimated $3,500.00) RESOLUTION NO. 3890 A Resolution Adopting Assessments For The Alley Located Between Market Street And Outlot A Of Eastview Addition (Blocks 309, 314 And 317 Of Wermerskirchen's Addition) And Minnesota Street/Dakota Street From 7th Avenue North To The Alley Project No. 1992-6 WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of: The alley located between Market Street and Outlot A of Eastview Addition (Blocks 309, 314 and 317 of Wermerskirchen's Addition) and Minnesota Street/Dakota Street from 7th Avenue north to the alley by pavement, curb and gutter and storm sewer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That such proposed assessment together with any amendments thereof, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be benefitted by the proposed improvements in the amount of the assessments levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of ten years, the first installment to be payable on or before the first Monday in January, 1994, and shall bear interest at the rate of 5.75 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31, 1994 and to each subsequent installment when due shall be added the interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor,pay the whole of the assessment on such property,with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; the owner may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list, and may pay the remaining principal balance of the assessment to the City Treasurer. 4. The Clerk shall file the assessment rolls pertaining to this assessment in her office and shall certify annually to the County Auditor on or before November 30th of each year the total amount of installments and interest on assessments on each parcel of land which are to become due in the following year. Adopted in session of the City Council of the City of Shakopee. Minnesota, held this day of . 1993. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney M I N N/DAK/ALLEY PROJECT: 1993-5 ASSESSMENT ROLL - ALLEY PORTION FRONT PID # OWNER LOT/BLK. FOOT ASSESSMENT 27-008013-0 Mark Delbow Lot 1 61.00 $554.55 633 S. Market Blk. 309 Shakopee, MN 55379 Wermerskirchen's Addn. 27-008014-0 LeRoy Dellow Lot 2 &W 1' 62.00 $563.64 711 E. 7th Avenue of 3, Blk. 309 Shakopee, MN 55379 Wermerskirchen's Addn. 27-008015-0 Dorothy Shea Lot 3 Ex W 1' 60.00 $545.46 721 E. 7th Avenue Blk. 309 Shakopee, MN 55379 Wermerskirchen's Addn. 27-008016-0 Patrick &Verona Mahoney Lot 4 61.00 $554.55 Mahoney Family Trust Blk. 309 727 E. 7th Avenue Wermerskirchen's Shakopee, MN 55379 Addn. 27-008017-0 Clarence Gelhaye &Wife Lot 5 61.00 $554.55 735 E. 7th Avenue Blk. 309 Shakopee, MN 55379 Wermerskirchen's Addn. 27-008018-0 LeRoy & Darlene Menke Lot 6 152.50 $1,386.37 1185 S. Shumway Street Blk. 309 Shakopee, MN 55379 Wermerskirchen's Addn. 27-008019-0 Hilmer & Linda Carlson Lot 7 152.50 $1,386.37 3675 C.R. 140 Blk. 309 Chaska, MN 55318 Wermerskirchen's Addn. 27-008057-0 Patricia Ploumen Lot 1 61.00 $554.55 805 E. 7th Avenue BIk. 314 Shakopee, MN 55379 Wermerskirchen's Addn. 27-008058-0 Michael Dixon Lot 2 61.00 $554.55 813 E. 7th Avenue BIk. 314 Shakopee, MN 55379 Wermerskirchen's Addn. MINN/DAK/ALLEY PROJECT: 1993-5 ASSESSMENT ROLL - ALLEY PORTION 1 FRONT IPID # OWNER LOT/BLK. FOOT ;ASSESSMENT 27-008059-0 William &Joyce Tessman Lot 3 61.00 $554.55 6650 Dahlgren Rd. Blk. 314 Chaska, MN 55318 Wermerskirchen's Addn. 27-008060-0 Peter & Katherine Von Bank Lot 4 61.00 $554.55 315 S. Lewis Street Blk. 314 Shakopee, MN 55379 Wermerskirchen's Addn. 127-008061-0 Albert Appenzeller &Wife Lot 5 61.00 $554.55 837 E. 7th Avenue Blk. 314 Shakopee, MN 55379 Wermerskirchen's Addn. 27-008062-0 LeRoy & Darlene Menke Lot 6 152.50 $1 ,386.37 1185 S. Shumway Street Blk. 314 Shakopee, MN 55379 Wermerskirchen's Addn. 27-008063-0 LeRoy& Darlene Menke Lot 7 152.50 $1 ,386.37 1185 S. Shumway Street Blk. 314 Shakopee, MN 55379 Wermerskirchen's Addn. 27-008064-0 Anthony Green &Wife Lot 1 61.00 $554.55 905 E. 7th Avenue Blk. 317 Shakopee, MN 55379 Wermerskirchen's Addn. 27-008065-0 Alfred Zaun &Wife Lot 2 61.00 $554.55 913 E. 7th Avenue Blk. 317 Shakopee, MN 55379 Wermerskirchen's Addn. 27-008066-0 Donald Tech &Wife Lot 3 51.00 $463.64 919 E. 7th Avenue Blk. 317 Shakopee, MN 55379 Wermerskirchen's Addn. 27-008067-0 LeRoy &Darlene Menke Lot 4 193.13 $1,755.74 1185 S. Shumway Street Blk. 317 Shakopee, MN 55379 Wermerskirchen's Addn. M I N N/DAK/ALLEY PROJECT: 1993-5 ASSESSMENT ROLL - ALLEY PORTION FRONT PID # OWNER LOT/BLK. FOOT ASSESSMENT Vacated Minnesota St. 61.00 $554.55 R.O.W. North of 7th Ave. Total = 1647.13 $14,974.00 Cost Per Front Foot= $9.09 M I N N/DAK/ALLEY PROJECT: 1993-5 ASSESSMENT ROLL - MINNESOTA ST. PORTION NUMBER PID # OWNER LOT/BLK. OF LOTS ASSESSMENT 27-008015-0 Dorothy Shea Lot Ex W 1' 0.50 $1,537.36 721 E. 7th Avenue Blk. 309 Shakopee, MN 55379 Wermerskirchen's Addn. 27-008016-0 Patrick &Veronica Mahoney Lot 4 1.00 $3,074.72 Mahoney Family Trust Blk. 309 727 E. 7th Avenue Wermerskirchen's Shakopee, MN 55379 Addn. 27-008017-0 Clarence Gelhaye &Wife Lot 5 1.00 $3,074.72 735 E. 7th Avenue Blk. 309 Shakopee, MN 55379 Wermerskirchen's Addn. 27-008057-0 Patricia Ploumen Lot 1 1.00 $3,074.72 805 E. 7th Avenue Blk. 314 Shakopee, MN 55379 Wermerskirchen's Addn. 27-008058-0 Michael Dixon Lot 2 1.00 $3,074.72 813 E. 7th Avenue Blk. 314 Shakopee, MN 55379 Wermerskirchen's Addn. 27-008059-0 William &Joyce Tessman Lot 3 0.50 $1,537.36 6650 Dahlgren Rd. Blk. 314 Chaska, MN 55318 Wermerskirchen's Addn. TOTAL = 5.00 $15,373.60 Cost Per Lot = $3,074.72 M IN N/DAK/ALLEY PROJECT: 1993-5 ASSESSMENT ROLL - DAKOTA ST. PORTION NUMBER PID # OWNER LOT/BLK. OF LOTS ASSESSMENT 27-008059-0 William &Joyce Tessman Lot 3 0.5 S444.96 6650 Dahlgren Rd. Blk. 314 Chaska, MN 55318 Wermerskirchen's Addn. i27-008060-0 Peter & Katherine VonBank Lot 4 1.00 $889.92 315 S. Lewis Street Blk. 314 Shakopee, MN 55379 Wermerskirchen's Addn. 27-008061-0 Albert Appenzeller &Wife Lot 5 1.00 $889.92 837 E. 7th Avenue Blk. 314 Shakopee, MN 55379 Wermerskirchen's Addn. 27-008064-0 Anthony Green &Wife Lot 1 1.00 $889.92 905 E. 7th Avenue Blk. 317 Shakopee, MN 55379 Wermerskirchen's Addn. 27-008065-0 Alfred Zaun &Wife Lot 2 1.00 $889.92 913 E. 7th Avenue Blk. 317 Shakopee, MN 55379 Wermerskirchen's Addn. 27-008066-0 Donald Tech &Wife Lot 3 0.50 $444.96 919 E. 7th Avenue Blk. 317 Shakopee, MN 55379 Wermerskirchen's Addn. TOTAL = 5.00 $4,449.60 Cost Per Lot = $889.92 Judith s. Cox, City Clerk, Shakopee FROM: Mixe Dixon DATE : Octooer 28, 1993 HE: Assessment Project No. 1993-5 lhis is notification of my intent to appeal the proposed assessment of $3, 074. 72 concerning Minnesota Street. My property being that located at 813 East 7th Avenue, Lot 2, Block 314, Wermerskirchen' s Addition, Shakopee, MN 55379. � ,./14. ~^r^ -^ ' -- // ' p^- ' . ""Ece8i6'f) *�m� ��C�� -� ���m� - �:r - ~ • 1 f t n _.,.. ANT.70,-,_ ,...„. ,. City Clerk NOV 0 37993 City of Shakopee 129 South Holmes Street Cid %`r- S•=':.ti ��,)is Judy S. Cox , EE Mayor and Council Members ADDRESSING DAKOTA STREET ASSESSMENT Dakota Street was pavement, curb, gutter and storm sewer. It was in good condition from East 7th Avenue North to the alley. If for some reason it had to be widen to accommodate a profit making project to the North of the alley. I don't believe the property owners South of the alley should have to pay any assess- ment for Dakota Street Improvements. ADDRESSING PROPOSED ASSESSMENT In using the half block zonal assessment (which is being used) found on page 10, paragraph D. Zonal Assessment. I should not be assessed at all, because for the past 30 years I have lived on the corner of East 7th Avenue and Prairie Street, one block East of Dakota Street. Donald R. Tech 919 East 7th Ave. Shakopee, MN 55379 Enclosed: Picture of Prairie Street. v- 4 • l `_.j • PRAIR - • f 'tc. .-- . '`'. IE t-vg, - TA ,, i Epi- •-,-4 '- J, 1 4 {`may, . p7 r •, . ~'- ..:r • .Vf Alt. . -, 1 r 4I; -0 '' ''- e S tt...`- - t • depth of 150 feet only. (Note: A standard City lot in the Original Plat of Shakopee is 60 ' x 150 ' with an area of 9, 000 square feet. ) C. Corner Lot Adjustment Corner lots will only be assessed at a rate of 50% of the unit rate for the short side of the lot in question for each street improved. If both streets are improved simultaneously, 100% of the short side footage will be used. D. Zonal Assessment When the street along the long side of a corner lot is improved, the cost shall be assessed equally to all lots within 1/2 block in each direction of the street improved. This method may be selected rather than the corner lot adjustment. 2 . "Area" Method of Assessment When it has been determined to assess by the "area" method the area shall be defined as the number of square feet or acres within the boundaries of the appropriate property lines of the areas benefitting from the project. The assessment rate (i.e. cost per square foot) shall be calculated by dividing the total assessable cost by the total assessable area. On large lots, the City Engineer may determine that only a portion of the lot receives the benefit and may select a lot depth for the calculations equal to the benefit received. For the purposes of defining assessable areas, all properties included in the benefitted area, including other governmental areas, churches, etc. shall be included in the assessable areas. The following items may not be included in area calculations: public right- of-ways, natural waterway, swamps and lakes or other wetlands designated by the MN/DNR. The City Engineer will make the recommendation on the benefitted area in the feasibility report. 3 . Per Lot Method When it has been determined to assess by the "per lot" method, all lots within the benefitted area shall be assessed equally for the improvements. The "cost per lot" shall be defined as the quotient of the "assessable cost" divided by the total assessable lots or parcels benefitting from the improvement. For 10 L //C—, MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: 1993 Sidewalk Replacement Program Project No. 1993-11 DATE: October 28, 1993 INTRODUCTION: Attached is Resolution No. 3889, a resolution adopting the special assessments for the 1993 Sidewalk Replacement Program for City Council consideration. BACKGROUND: The City Council has adopted an ordinance whereby sidewalk replacement is assessed 50%to the abutting property owner and 50% funded by the City. The Engineering Department has been systematically replacing defective sidewalks throughout the City since 1990. One of the major reasons this program was developed was to reduce the City's exposure to liability as recommended by our insurance carrier. The 1993 Sidewalk Program has been completed and all project costs have been identified. The final project costs are $26,986.79, which consists of construction costs totalling $23,951.48 and engineering/administrative costs totalling$3,035.31 (about 13%). The City Council included $25,000.00 in the 1993 Capital Improvements Budget for this project. The total amount proposed to be assessed for this project is $8,512.68 or approximately 32%. There are a number of reasons why a total of 50% is not being assessed including the large amount of sidewalk replaced on City owned property (parking lots, etc.) and the number of sidewalk repairs that were at locations where the sidewalk had been installed new within 5 years and therefore is non-assessed per City Ordinance. It is quite common to have some sidewalk failures within the first 5 years due to the freeze-thaw cycles in Minnesota. In addition to the above reasons, there were 5 property owners on the north side of 1st Avenue that could not be assessed because the original public hearing notice described the assessement area as "all properties south of 1st Avenue." The City Attorney has ruled that these parcels cannot be assessed. The public hearing has been scheduled for November 3, 1992 to consider the proposed assessments associated with this project. Attached is Resolution No. 3889 which adopts the special assessments on this project for City Council consideration. An assessment roll is attached to the resolution outlining the proposed assessments for each property. The City of Shakopee must certify these assessments to Scott County by November 30, 1993 in order to get on the 1994 tax statements. ALTERNATIVES: 1. Adopt Resolution No. 3889. 2. Deny Resolution No. 3889. RECOMMENDATION: Staff recommends Alternative No. 1, to adopt Resolution No. 3889, which adopts the special assessments for the 1993 Sidewalk Replacement Project. The resolution adopting the assessments sets an interest rate of 8%, which is the maximum allowed. There were no bonds sold for this project in which to base the interest rate on. ACTION REQUESTED: Offer Resolution No,. 3889, A Resolution Adopting Assessments for the 1993 Sidewalk Replacement Program, Project No. 1993-11 and move its adoption. DEH/pmp MEM3889 RESOLUTION NO. 3889 A Resolution Adopting Assessments For The 1993 Sidewalk Replacement Program Project No. 1993-11 WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of: Replacement of defective sidewalk in various sections of Shakopee. NOW, 'THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That such proposed assessment together with any amendments thereof, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be benefitted by the proposed improvements in the amount of the assessments levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of ten years, the first installment to be payable on or before the first Monday in January, 1994, and shall bear interest at the rate of 8.0 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31, 1994 and to each subsequent installment when due shall be added the interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor,pay the whole of the assessment on such property,with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; the owner may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list, and may pay the remaining principal balance of the assessment to the City Treasurer. 4. The Clerk shall file the assessment rolls pertaining to this assessment in her office and shall certify annually to the County Auditor on or before November 30th of each year the total amount of installments and interest on assessments on each parcel of land which are to become due in the following year. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993. 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Cn En o co Cn 2 co Cn Cr) r�r.�1. co to O — N CD M CO C') el'OM CDCD CD O r `"� MW .-- O CD CD CO N. rWstCD CD O\ VI * CDp CD CD p � CD CD Oi OI CID O �1 'Cr\- I I N I N N N N N N. N N Q. N N D N--,o o p r„ O TIT w * v„, W m o lo m• rw ti co 5 v] m b g K o � � o E en K ("w > t 0 maw = -r, y h �g "0 � 0 w j 0 m o . o a an d h b � m cn w h II D co w II EN k IQ0 Co o so >C Sao 1 ro D• -n m 'pO n r — < DoO o 0 a D 0. —I r -1 0 0 z > ea r- w cn O ? � a p N a > ! (Jt °' °'0 m m m m ✓ 6969 te N 4, v W - N O O g? ca o co 'coto (n —1 2 (a • O A co T O p rn o co O- D ( (/� :-JND N • m m 9 6,rn m 6 w n p CO cn - � Co q O ;TI O v O cory 69 0 Z co ( E» Oco ut N N --I O GJ 1 W co of EA rn ^) 0 0 lo co — v CD —I � A co CD r (00 A CO69 VI (n O EA CA Cf) 69 N O O Oo a Q) O 00 N I— CO C) O - OO 69 co p j 0 W rD Q n A _ v O (n A 0On CO a° —i A CONSENT 1 z et.. MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Cable Budget Amendment - Resolution #3881 DATE: October 25, 1993 INTRODUCTION: The Shakopee Cable Commission is requesting that the 1993 Cable Budget be amended so that cable program expenditures equate to franchise fee revenues collected in 1993 . The Cable Commission would like the additional cable franchise fees collected in excess of budget projections allocated to the Shakopee Community Access Corporation for the purpose of acquiring a new character generator for the Government Access Channel and the installation of an additional microphone in the Council Chambers to pick up discussions held a meetings held jointly with other jurisdictions . BACKGROUND: Last year when the 1993 budget was prepared, staff projected that the City would collect $36, 000 . 00 in cable franchise fees . Staff subsequently prepared the 1993 Cable Budget which closely approximated the projected franchise fee revenue amount (See Attachment #1) . To date, the City has collected franchise fees for 1993 in an amount equal to $29, 242 . 78 . Quarterly franchise fee collections are averaging approximately $9, 700 . 00 . Based upon this information, staff projects that the 1993 cable franchise fees will actually exceed $39, 000 . 00 ($3, 000 . 00 more than the projected amount) . The Cable Commission is requesting that the City Council amend the 1993 budget increasing the professional services line item by $3 , 000 . 00 . Funds within the professional services line item are transferred to the Access Corporation annually to offset costs associated with running the Public Access Studio, Public Access Channel and Government Access Channel . The Cable Commission and Community Access Corporation have discussed utilizing the additional franchise fee revenue to purchase a new character generator for the Government Access Channel and to install one additional microphone in the Council Chambers . The current character generator that operates the Government Access Channel will be utilized by the Access Corporation for their field production system. The current character generator that provides messages on the Government Access Channel has limited capacity and is not user friendly. A new character generator (estimated cost $2 , 000 . 00) will allow City staff to update the character generator on a regular basis with information on upcoming meetings, recreational activities, etc. The Cable Commission is also proposing to have at least one additional microphone installed in the Council Chambers so that sound can be enhanced during meetings that Council holds with other jurisdictions (estimated cost $1, 000 . 00) . ALTERNATIVES: 1 . Offer Resolution No. 3881, A Resolution Amending Resolution No. 3720 Adopting the 1993 Budget Providing for a $3 , 000 . 00 Increase in the Professional Services Line Item of the Cable Program Within the Administration Division. 2 . Do not approve Resolution No. 3881 3 . Table action pending further information from staff . STAFF RECOMMENDATION: Staff recommends Alternative No. 1 . ACTION REQUESTED: Offer Resolution No. 3881, A Resolution Amending Resolution No. 3720 Adopting the 1993 Budget Providing for a $3 , 000 . 00 Increase in the Professional Services Line Item of the Cable Program Within the Administration Division, and move its adoption. BAS/tiv RESOLUTION NO. 3881 A RESOLUTION AMENDING RESOLUTION No. 3720 ADOPTING THE 1993 BUDGET WHEREAS, the City Council has adopted a budget for the fiscal year, and WHEREAS, changing conditions and circumstances warrant amending the budget, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the accounts are changed as follows: Fund Division Account Amount General Revenues Franchise Fees $ 3, 000 General Admin. Prof. Services $ 3,000 Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form City Attorney /.2j MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Ordinance Amendment for the Light Industrial (I-1) Zoning District - Additional Conditional Use Provision DATE: October 29 , 1993 INTRODUCTION: At their July 20, 1993 , meeting, the Shakopee City Council tabled their decision regarding a request for an amendment to the Zoning Ordinance to allow limited retail sales as a Conditional Use within the Light Industrial (I-1) Zoning District. This request was tabled to the first meeting in November in the hopes that the update of the Zoning Ordinance would be completed. BACKGROUND: On July 20, 1993 , the Shakopee City Council heard a request from Mr. Marlow (Chris) Anderson, Mr. Burdette Booth, and Mr. Ron Thiebaud for an Amendment to Section 11. 32 , Subd. 3 , Conditional Uses within the Light Industrial (I-1) Zoning District. They requested that the City amend this portion of the Zoning Ordinance to add retail sales when necessary to a permitted principal use as a Conditional Use within the I-1 Zoning District. The applicants each operate a business on Maras Street. Mr. Marlow (Chris) Anderson operates Leeco Distributing, Inc. ; Mr. Ron Thiebaud operates Ron' s Auto Sales; and Mr. Burdette Booth operates Kar Kraft. Mr. Anderson and Mr. Thiebaud are in danger of having their Used Dealers license revoked by the Dealer's Unit of the State of Minnesota Department of Public Safety on January 1, 1994 . They requested the amendment to allow them to apply for a Conditional Use Permit to allow retail sales when necessary to a permitted principal use. The Planning Commission opened the public hearing at their June 3 , 1993 , meeting, and continued it to the July 8, 1993 , meeting to allow for an inventory of businesses within the Maras Street area to be completed. At their meeting on July 8th, the Planning Commission recommended the denial of this request to the City Council. However, they also requested staff to include the retail / wholesale issues in the creation of a Heavy Commercial Zoning District with the Zoning Ordinance update process. DISCUSSION: In the development of the 1990 - 2010 Comprehensive Plan, a new land use category, called Heavy Commercial, was recommended to be implemented for several areas in the City, including the Maras Street area. This new land use category proposed several 1 automobile related uses including truck, bus, recreational vehicle, and automobile sales; automobile body shops; and truck repair. The Heavy Commercial category would also include lumber yards warehousing, light industry, and salvage yards. It states that special zoning controls should be enacted to protect nearby properties from the effects of these activities. In contrast, the "Commercial" land use designation includes retail and service businesses which sell primarily to individual customers, but not to other businesses (wholesale trade) . It does not include manufacturing, warehousing, trucking, or businesses which utilize extensive outdoor storage of goods or materials. Commercial land use designations include the Highway Business (B-1) Zoning District, the Community Business (B-2) Zoning District, and the Central Business (B-3) Zoning District. A consultant was hired to assist in the development of the updated ordinance, and the information relating to the retail sales issue in the industrial districts was forwarded to the consultant. The Zoning Ordinance Committee held ten meetings to discuss the ordinance proposed by the consultant, and held their final meeting on October 12 , 1993 . In relation to this request, the Zoning Ordinance Committee will be recommending that the following be listed as a Conditional Use within the Light Industrial (I-i) Zoning District: "h) retail sales of products manufactured, fabricated, assembled or stored on site and occupying no more than 15 percent of the principal structure, or 2 , 000 square feet, whichever is less. " At the October 7 , 1993 , meeting of the Planning Commission, the Commission set November 9, 1993, as the public hearing date in which to begin discussions regarding the recommendations from the Zoning Ordinance Committee. The Planning Commission is scheduled to make their recommendation to the City Council in December. ALTERNATIVES: 1. Table the discussion until after the City Council hears the Planning Commission's recommendation regarding the update of the Zoning Ordinance, and the City Council makes a decision regarding its adoption. 2 . Request that staff initiate a text amendment to Section 11. 32, Subd. 3 , to add retail sales when necessary to a permitted principal use as a Conditional Use within the Light Industrial (I-i) Zoning District. 3 . Table the discussion to allow staff or the applicant time to submit additional information. 2 STAFF RECOMMENDATION: Staff recommends Alternative No. 1, to table the discussion until after the City Council hears the Planning Commission's recommendation regarding the update of the Zoning Ordinance, and the City Council makes a decision regarding its adoption. ACTION REOUESTED: Offer a motion to table the discussion until after the City Council hears the Planning Commission's recommendation regarding the update of the Zoning Ordinance, and the City Council makes a decision regarding its adoption. {C1TYCOUN A 1-I)lI%.l I2} 3 * 0 (1 MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner RE: Application For Rezoning of the Lenzmeier Property From Multi-family Residential (R-4) to Urban Residential (R-2) and to Delete the Mandatory PUD Requirement DATE: October 29, 1993 INTRODUCTION: At the October 19, 1993 meeting, the Shakopee City Council tabled their decision on the request to rezone 68 of the 84.5 acres of property owned by the estate of Lorraine Lenzmeier from Multi- family Residential (R-4) to Urban Residential (R-2) , and to delete the mandatory requirement for a Planned Unit Development (PUD) . BACKGROUND: This request came before the City Council on October 19, 1993 . The Planning Commission recommended to the City Council DENIAL of the R-4 to R-2 rezoning and the deletion of the mandatory PUD requirement. The applicant wants the City Council to undertake its own review and grant the changes the Planning Commission recommended against. Recently the City Council has declined to amend the zoning ordinance or rezone property until the new zoning ordinance is adopted. The new zoning ordinance is fully drafted, a public hearing is scheduled before the Planning Commission on Tuesday, November 9, at 7: 30 p.m. The proposed ordinance will redefine the uses permitted in the zones of the City. Once the new ordinance is mapped, the regulations and uses permitted in various parts of the City may change. Exhibit A is an aerial photograph of the subject site and surrounding area. An inventory of existing land uses has been noted on this exhibit. North of the subject site are existing industrial businesses and vacant industrial zoned properties. To the east of the subject site lies vacant racetrack district property as well as the Canterbury Downs facility. On the south side of the site, there are several businesses with a mixture of commercial and industrial uses such as commercial storage, automobile repair, and equipment repair. The Upper Valley Drainageway, as shown on the aerial photograph, bisects the subject site and parallels the southern edge of the east half of the subject site. To the west of the subject site are several commercial businesses along CR 17. Exhibit B is a map listing the property ownership pattern in this area surrounding the subject site. Several large vacant parcels exist in this area of the community. 1 Exhibit C is a map which illustrates the existing water and sewer facilities in the subject site area. The subject site and several of the vacant properties currently do not have water or sewer utilities adjacent to their boundaries. Developers of these vacant properties, including the subject site, will need to petition the City for extension of these utilities. Exhibit D illustrates the functional street classification for streets around the subject site. CR 16 is designated as a minor arterial street. It is proposed to be upgraded to a four lane urban section roadway in the 1994 Scott County Capital Improvement Program. As a minor arterial, this roadway is anticipated to have a traffic volume capacity of 5, 000 to 12 , 000 vehicle trips per day. Two north-south collector streets have been designated to serve the land uses in the area surrounding the subject site. Viking Steel Road is proposed to bisect the subject site and be designated as a collector. Fourth Avenue has also been designated as a collector street and serves in an east-west pattern. The capacity of urban collector streets is up to 5, 000 vehicle trips per day. Exhibits E, F and G represent the land use plans for the subject site and the surrounding area. The 1980 Comprehensive Plan (Exhibit E) and the 1986 Racetrack District Land Use Study (Exhibit F) have both been adopted by the City Council. The 1990 Comprehensive Plan as shown in Exhibit G has been approved by the City Council but not by the Metropolitan Council, therefore final adoption of this land use plan has not been made. All of these land use plans propose residential densities greater than single family detached uses. As noted in the 1990 Comprehensive Plan text, the high density residential district would allow for any type of attached housing. Exhibit H is a copy of the zoning map for the subject site and the surrounding area. The R-4 zoning, as well as the surrounding zoning districts, have been adopted based on the adopted land use plans. DISCUSSION: The City Council raised several questions at the October 19 meeting. Would denial of the rezoning request to R-2 and the deletion of the PUD requirement constitute a taking of property rights? No, the existing zoning and the overlay PUD zoning requirement were adopted by the City Council based on the adopted land use plans for the Racetrack District Land Use Study. The current R-4 zoning and mandatory PUD are consistent with the adopted land use plans. Are single family residential uses allowed in the R-4 District? Yes (Section 11. 28 , Subd. 2 .B) , but the current R-4 district regulations do not specify a minimum lot size for single family uses. Minimum lot areas have been established in the R-4 2 regulations for townhouses and multi-family uses only. In addition, a minimum lot width has been established for multi-family uses in the R-4 district only. The R-4 district has also established greater setbacks for the anticipated attached housing structures in the R-4 districts. The R-4 front yard setback requirement is a minimum of 50 feet, rear yard at 40 feet minimum, and the side yard of 15 feet or 1/2 of the building height whichever is greater. What would happen if the property were deleted from the mandatory PUD? If the property were deleted from the mandatory PUD requirement, the City would lose control over the design requirements such as minimum lot sizes and lot widths since they are not part of the current R-4 regulations. Without these proper standards it would be difficult at best to review a proposed single family residential subdivision plat with R-4 zoning. What is the purpose of the PUD? The purpose of the PUD is to encourage innovation, variety and creativity in site planning and architectural design. It is also intended to promote land use compatibility. Another important aspect of the PUD process is that it requires the planning of entire ownerships of land as a unit to provide for the greater efficiency in the use of land, public streets and energy. A fourth purpose of the PUD is to help promote the protection of natural and cultural landscape features and to preserve more open space than would be possible without a PUD. Based on these concepts established in the PUD ordinance, the intent or purpose of the PUD is much greater than previously discussed. What is the primary issue involved with this rezoning request? The applicant' s specific rezoning request is to rezone the eastern 68 acres of the 84 . 5 acre site from R-4 to R-2 and to delete the mandatory PUD requirement. The rezoning of 68 acres of the subject site amounts to 80% of the total site area. The central issue with this application is whether or not the proposed single family land use is appropriate. The Planning Commission recommended denial of the R-4 to R-2 rezoning request and the deletion of the mandatory PUD because the requests are inconsistent with the adopted land use plan. The City Council requested that staff research the minimum open space requirement for PUD' s in other communities. The cities contacted include Chaska, Chanhassen, Eden Prairie, Savage and Prior Lake. Chaska and Savage require a ratio of open space area per dwelling unit (1000 s. f. /dwelling - twinhomes and 400 s. f. /dwelling - apartments) . The Eden Prairie and Chanhassen ordinances do not require a minimum amount of open spaces but use maximum lot coverage requirements for buildings, parking lots and other impervious surfaces. The remaining areas are landscaped and function as open space. Prior Lake requires a similar 20 per cent open space requirement like Shakopee' s PUD ordinance. Park 3 dedication requirements apply in all these cities in addition to the open space or lot coverage requirements. Attached with this memo is a letter from the applicant, Sienna Corporation. In the letter, it is noted that the land owners immediately to the east of the subject site wish to pursue a similar single family development. This development would border with Canterbury Downs on the east and cover approximately 75 acres. If the City Council wishes to approve the proposed single family rezoning and deletion of the mandatory PUD, the first step would be to process a Comprehensive Plan Amendment to the 1986 Racetrack District Land Use Study and its adopted land use plan. The adopted land use plan would need to be amended to allow for the change in land use designation. Following the Comprehensive Plan amendment process, the City Council would then consider the specific rezoning request. The subject site and surrounding area have been planned and zoned for multi-family uses for well over ten years. The City has taken steps to provide this area with the necessary streets and utilities to serve a higher density than the existing single family neighborhoods south of the downtown area. Staff would encourage a variety of densities and the transition of residential densities near commercial and industrial and other intense areas within this area. Staff believes that uniform high density residential areas covering large land areas are not desirable. Staff also feels that the placing of high density residential directly adjacent to single family land uses as proposed by this development are also less desirable. Staff strongly recommends that the proposed development plan needs a major redesign which provides for a better transition of land uses both within the site itself and to adjacent properties. The incorporation of single family detached housing may be appropriate if properly planned and designed. There has not been adequate time for staff to develop a detailed land use plan for the subject site and surrounding area. Since further land use planning efforts are needed, staff suggested that the applicant request a time extension on the rezoning request prior to the Planning Commission action. The applicant indicated at the Planning Commission meeting that they wanted to pursue the rezoning request with the City Council at this time. Staff has serious concerns about rezoning requests which would allow large blocks of land to be developed in a manner which would allow single family residential development to occur and be bounded by industrial and other high intensity uses on three or four sides. Recent requests or inquiries by Universal Forest Products, Rubber Industries and Canterbury Downs for more intensive industrial and entertainment activities compounds potential land use compatibility 4 problems in this area. These concerns are exacerbated by the fact that the applicant's proposed land use pattern is inconsistent with the past three land use plans (1980, 1986, 1990) and current zoning. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended that the City Council deny the request for rezoning from R-4 to R-2 , and to deny the request for the deletion of the mandatory PUD requirement because the requests are inconsistent with the adopted land use plan. ACTION REQUESTED: Offer a motion to direct staff to prepare the appropriate ordinance to rezone 68 acres of the subject site from Multi-family Residential (R-4) to Urban Residential (R-2) , and to delete the mandatory PUD requirement, and vote in the negative. (Approval of this motion would require an affirmative note of 4/5 of the City Council. If the City Council concurs with the recommendation of the Planning Commission, the City Council should vote AGAINST this motion. If the City Council wishes to approve the single family rezoning, the City Council should direct staff to initiate a Comprehensive Plan amendment to change the land use designation of the subject site to single family residential. ) 5 — "Ai SENNA Suite 608.4940 Viking Drive•Minneapolis,Minnesota 55435.612-835-2808 CORPORATION October 28, 1993 The Honorable Gary Laurent, Mayor Members of the City Council City of Shakopee 129 S. Holmes Shakopee, MN 55379 RE: Prairie Bend (Lenzmeier Property) Dear Mayor Laurent and Members of the Council: After our extended discussions at the Council meeting of October 19, Sienna Corporation commissioned its land planner, Pioneer Engineering, to take a critical new look at the Lenzmeier property using Planned Unit Development (PUD) concepts and criteria. Pioneer's charge was to make a PUD single family plan work. Frankly and candidly, it didn't work and our goal of a first rate neighborhood with a density to support its development costs just is not feasible with the burden of the 20% open space PUD requirement. We have abandoned any further work on such a PUD concept. Consequently, Sienna and the Lenzmeiers are hereby restating their original request to the Council for a rezoning of the property to R-2 and a deletion of the mandatory PUD requirement with the following discussion in support of our position: • There is a demonstrated need for well-built and affordably designed single family housing in Shakopee. Single family detached is the clear choice of the family looking for new housing and twin and quad homes in this marketplace are a distinct second choice. In our opinion, they will not yield either the success or the quality of single family detached neighborhoods. • The formal proposal and application from the very experienced and successful Nash- Applebaum group to rezone the parcel immediately east of our site to single family is expected to be submitted to the City shortly. This proposal adds significant credence to the concept that multi-family housing belongs in high visibility and high traffic locations, such as near the bypass, and the properties along 4th Avenue are now more compatible with single family housing. This is also consistent with stated housing goals of the City as they address housing in the Easterly portion of the City. Planners • Developers • Contractors • With respect to the City's criteria for granting zoning amendments, we respectfully believe that there have been significant changes in development patterns taking place over the past few years. a) The bypass has caused a refocus of land use patterns, particularly in multi-family housing. b) The status of the racetrack no longer needs to dictate the imposition of mandatory PUD's as the tool to control the rate of development. As it turns out, the mandatory PUD has had extremely negative consequences to the ability to develop the Lenzmeier property and numerous of its neighbors. c) The negative impacts of the 1986 Tax Act on rental housing of any density will have long term effects on the Lenzmeier property if the zoning is not changed. • We are extremely proud of Sienna Corporation's history of nearly 5000 developed homesites in neighborhoods ranging from modest starter homes to some of the Twin Cities' premier neighborhoods. We are confident that subsequent site plan refinements while working closely with staff and the Council's final plat review will result in a neighborhood the City can be proud of. The Council has our assurances to that goal if we do receive a positive response to our rezoning request. Lastly, the issue of timing is critical if we are to bring Prairie Bend to the market in 1994. The neighborhood just cannot wait for a transportation study which possibly could carry on into next summer. We respectfully request that the Council act favorably on our request on the Lenzmeiers' property. Their ability to move forward with the disposition of their property on any kind of reasonable time frame depends on it. We encourage the Council to act positively on the opportunity now at hand. Thank you again for your time and consideration. I am available to answer any questions you may have or to meet with you on an individual basis. Please do not hesitate to contact me either at my office (835-2808) or at home (448-5526). Sincerely, i J. I. Jo Ar fM. • .ger : v cc: Dennis Kraft, City Administrator Barry Stock, Assistant City Administrator Lindberg Ekola, City Planner Mr. & Mrs. John Lenzmeier Clyde Lenzmeier )**ii T ‘2,1t.• ! Y• • '0.14II 't;,},.' e i; •: t" ay •1 " l� r . • •r $3': alt_ �'•1<•1� jA`:;„.',•:.ef 1 .•- , .4 t z, , }�J.• • p„( •Y• •'��• l� ' 1 'ttl k.:1 �' ." • • •,. ! '�•'.�.,(�'1y1y1y,' rl~;F' ,� .. . "'111""" ~�. •'4. ~/• •'�iTT. •a V.11 �`I ��\1 T•► 'IJ1 •3 •�. :•:, �' 4• • %11 T'i t ,t'J .4 •-• .. . t . 1i R�. +t • /;4' • 'y.1 ' l •;34 a+.,, n.. 4•r Sfr{'.41 r� t\1. I ,Ij 4,17•01,01:,..,,,,.4 . 17. 6 iZ �. tli{1 r .:,�'.i , l,A \. 'I: • �•:� f ,� y, „: s•- ru A ,..'•:,S1. CJ. ` -14 I ►i ,..1,, ; i1 •.,•-1!"..q.,..• 4 F L�1� '{- .w, 1'i`• Y (7-tG.I '-�•.rs: •�C�si.i ►f!'•N' s .. .e r\':,f 1t4' L. N {t .r Y t ji••'16� ..-r.+." a.�iY?°i.':Se` p 4`,+k•:f.. •�.:�,%,1.,• ',P� 6,415 .. r •. -!.'. 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' - • - • • i. ., . . . _ :,.. .. .. .. to`:.,,,,..,..z. WA?..'''::;;;Sit*'•.4, .tr.f*,aa 1 • • - . - ., . . .- . r. ... ,, . . ..,. .,:.. . „. I . ... , .. ., i . .. . . .-, - . • * .. . . „. . .... . • . — . . • I,. .r •- ... •-. ) I .. , 1 - -. - • ,:. - . . . . • -_-_. .____________ -,•••,:.,&...,4110:4*,:a..m.0.4,, .7..1:7-‘:;.....,1:.: _,;,.,...,:„ - - - • El , 1 .. .. .. . .. .. . .. . , . • iCANTERBURY ° - - • VR•isiv.1,4*- 1 .A.:•*.;.:.:,,,•,i..":-4.„:‘,.:,. ..4,,,, in_, •,.°,:...!, , - • . . . . . .. ., . ... ... . '‘ CD • : • • . '.'1.4,44.( 4 • '. ----- I / -44:4544."-•• •-..'40•',4,..';':.,;:k.W.}-441;( .' ,-. . , .. , S?;1::0:'44:*..ti..'**'.'0'.Z,,-.. )...( 1%' ,. . .... ...•-•';•.', ''..;•-•1,*.:•:.:..,,P.:51.•A• 0 4 I . ' - ill•,INOUSTRIAL cis. - SOUTH i 11 to.3541, • . . A•'5A1......'-':'.•:',•f•VO,ti7J fe i 4 — •• • , ,‘,.• . .*" :4 • t I . . . . - 4:0P05.,$'-' ' •' . 1'N, . I / "11:0141,-''.V:••••4'":','''''i rn 0:41 1 i I • . . . • I . "Rs, x61140K1 Z :44. .. . • . ‘ :7 Mit:N"gib ow re,.1 % I . % , ,6 ,,,1**„6,;:i4i.e.. .:•••••'''.::g1;.:! i'l II 40,443#4,101.00NPOtr,':.C6m6rs,.,; '.• \ . 'S•4•f'401%;04',%•V;.e':614'.:;:,•',,tM•:••••'A''.: r: ‘ ' • 4 / 1/ 4,2V14ManghitAKI:'.2.••••10*W. , 1 11 ,•.'.'It.‘....:1.1*,?1 '7?•'..'Cr'''<r:•"!+•:'.'1..'..'.'"?''.-. t•!... ....,.,- I ' ... . . - • , . ...... _... .. . . lSc TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Authorize Hiring of Police Officer DATE: October 26, 1993 INTRODUCTION: The Police Department is requesting authorization to hire Kevin Gulden to the position of probationary police officer as soon as possible. BACKGROUND: On May 26th, Officer Gary Nosbusch resigned from the Police Department. Since then, the Shakopee Police Civil Service Commission has conducted the necessary testing, has established an eligible list for the position of police officer and has certified the names of the three candidates standing highest on that list. Invitations to test were sent to seventy-three individuals who indicated a desire to participate in testing. Twenty-five candidates participated in the first stage of testing and four candidates were tested in the final stage. The eligible list and the certification of the top three candidates are attached to this memo. The 1993 Union Contract establishes $2 , 391. 27 as starting wage for the position of police officer. Kevin Gulden is the number one candidate on the eligible list. ALTERNATIVES: 1. Authorize hiring Kevin Gulden 2 . Authorize hiring Chris Dellwo 3 . Authorize hiring Mitchell Singer 4 . Authorize hiring no one. RECOMMENDATION: Alternative #1. ACTION REQUESTED: Authorize hiring of Kevin Gulden as a police officer with the Shakopee Police Department at a monthly a $2, 391. 27 2, 9 . 27 bject ect to the satisfactory completion of pre-employment psychological testing and the customary 12 month probation period. TO: Mayor Laurent Members of the City Council FROM: Shakopee Police Civil Service Commission SUBJECT: Eligibility List DATE: 10-21-93 The Shakopee Police Department eligibility list for the position of police officer is hereby certified as follows: 1. Kevin J. Gulden - 79 .3 2 . Chris L. Deliwo - 78 .7 3 . Mitchell A. Singer - 75. 1 4 . Amy M. Springer - 74. 1 Signed, r. n . S k, Marc a Spagnolo Sectetary Shakopee Police Civii) Service Commission TO: Mayor Laurent Members of the City Council FROM: Shakopee Police Civil Service Commission SUBJECT: Certification of Candidates DATE: 10-21-93 The following individuals are hereby certified as being the top three candidates on the current Shakopee Police Department eligibility list for the position of police officer: 1. Kevin J. Gulden - 79 . 3 2 . Chris L. Dellwo - 78 .7 3 . Mitchell A. Singer - 75. 1 Signed, 41 . 4a Spagnolo,/ Sec e ,ary Shakopee Police Civil.'" ervice Commission CO1\&SE1T ktio TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Unsafe Traffic Condition Date: 10-25-93 INTRODUCTION: The speed limit on Highway 101 between the entrance to Memorial Park and Naumkeg Street should be reduced. BACKGROUND: Traffic on Hwy 101 in the area between the entrance to Memorial Park and Marshall Rd. moves at a speed which is unsafe. 22 accidents occurred in this area between 01-01-93 and 10-20-93 . Of these, 15 resulted in property damage only and 7 involved personal injury including 1 fatality. Mr. Gus Khwice, the owner of Dangerfield's Restaurant indicates there is also a unreasonably high number of near misses in this area. He believes that many of these accidents, had they occurred, would have been very serious. The speed limit on Hwy 101 changes from 55 MPH to 35 MPH about 1/4 of a mile east of Marschall Road. Much of the traffic in front of Dangerfield's has not slowed down to anything near 35 MPH. From January through September, 112 traffic violators were cited on Hwy 101 between Marschall Road and the entrance to Memorial Park. 77 of these citations were for speeding. There is no reason to believe that this trend will change in the future. This situation should be addressed by moving the transition from the 55 MPH speed limit east to the Murphy's Landing area. The speed limit on Hwy 101 in Shakopee is 35 MPH from Naumkeg St. to a point about 1/4 of a mile east of Marschall Road. It should be reduced to 30 MPH. ALTERNATIVES; 1. Change the speed limit on Hwy 101 between Naumkeg St. and Murphy's Landing to 30 MPH. 2 . Change the speed limit on HWY 101 between a poi abo35 ut 1/4 mile east of Marschall Rd and Murphy'sLanding to 3 . Take no action. RECOMMENDATION: Alternative # 1. ACTION REQUESTED: Direct the appropriate city officials to contact the Department of Pnspord Zoneon and on Hwyinitiate 101 from Naumkegnecessary St. east toestablish area of MPH speed wY Murphy's Landing. CONSENT MEMORANDUM TO: Dennis Kraft, City Administrator FROM: Karen Marty, City Attorney DATE: October 27, 1993 RE : Probation Termination BACKGROUND: On May 11, 1993 , Brenda Lind started working for the City as Clerk/Typist I . Brenda is performing satisfactorily, and I recommend that she be accepted as a regular non-probationary employee when her probationary period ends on November 11, 1993 . ALTERNATIVES : 1 . Terminate probation. 2 . Continue probation. 3 . Terminate employment . RECOMMENDATION: Alternative No. 1 . Signed 45L-A9V Karen Marty, Attorney KEM:bjm [25MEMO] cc : Brenda Lind MEMORANDUM TO: Dennis Kraft, City Administrator FROM: Karen Marty, City Attorney DATE: October 27, 1993 RE: Probation Termination BACKGROUND: On May 5, 1993 , Pat McDermott started working for the City as Assistant City Attorney. Pat is performing satisfactorily, and I recommend that he be accepted as a regular non-probationary employee when his probationary period ends on November 5, 1993 . ALTERNATIVES : 1 . Terminate probation. 2 . Continue probation. 3 . Terminate employment . RECOMMENDATION: Alternative No. 1 . Signed AKLg ,/ Karen Ma y, City Attorney KEM:bjm [2 5MEMO] cc : Pat McDermott TO: DENNIS KRAFT, CITY ADMINISTRATOR FROM: DAVID HUTTON, PUBLIC WORKS DIRECTOR RE: PROBATION TERMINATION DATE: OCTOBER 26, 1993 INTRODUCTION Dave Nummer, Civil Engineer has successfully completed the required six month probationary period for new employees. BACKGROUND Dave Nummer was hired on April 27 , 1993 subject to a six month probationary period. A performance evaluation has been completed and it is recommended that the probationary status be terminated. ALTERNATIVES 1. Terminate probation. 2 . Continue probation. 3 . Terminate employment. RECOMMENDATION Alternative No. 1. ACTION REQUESTED Move to terminate the probationary status of Dave Nummer and appoint him to the full time permanent position of Civil Engineer effective October 27 , 1993 . TO: DENNIS KRAFT, CITY ADMINISTRATOR FROM: DAVID HUTTON, PUBLIC WORKS DIRECTOR RE: PROBATION TERMINATION DATE: OCTOBER 26, 1993 INTRODUCTION Keith Weckman, Assistant Mechanic has successfully completed the required six month probationary period for new employees. BACKGROUND Keith Weckman was hired on April 26, 1993 subject to a six month probationary period. A performance evaluation has been completed and it is recommended that the probationary status be terminated. ALTERNATIVES 1. Terminate probation. 2 . Continue probation. 3 . Terminate employment. RECOMMENDATION Alternative No. 1. ACTION REQUESTED Move to terminate the probationary status of Keith Weckman and appoint him to the full time permanent position of Assistant Mechanic effective October 26, 1993 . ici, MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: SPUC Acquisition for Water Tower DATE: October 27, 1993 INTRODUCTION: Attached is correspondence from the Utilities Manager requesting that the City of Shakopee acquire land for a proposed water tower and well. BACKGROUND: Shakopee Public Utilities Commission (SPUC) is requesting City of Shakopee assistance in acquiring land for a new water tower and well. Specifically, they are seeking to purchase Lot 1, Block 1 of the Maple Trails Subdivision, which is located on County Road 17 directly across from the Timber Trails Subdivision (See attached reference map). The City Attorney has determined that legally, SPUC can acquire property as long as it is recorded as City of Shakopee property, but administratively SPUC has historically requested City staff assistance for property acquisition. The property acquisition process is not a difficult one. Basically, an appraisal of the desired property is completed, offers made to the property owner based on the appraisal value, continued negotiations and finally condemnation. Once the property acquisition gets into the condemnation phase, the City Attorney usually gets involved. Staff feels that utilizing City staff for SPUC acquisitions is a policy decision by the City Council and therefore some direction on this request is desired. ALTERNATIVES: 1. Direct staff to acquire the subject property on behalf of SPUC. 2. Deny the request and inform SPUC that City staff will not provide the service requested. 3. Direct staff to inform SPUC that future property acquisitions will not be done by City staff. For this particular request, direct staff to acquire the property in conjunction with SPUC staff, in order to "train" SPUC staff in on the process for future acquisition. ACTION REQUESTED: Discuss the issue and move to direct staff to take the appropriate action. EXHIBIT A - • • •-•'''',,,,_ 3' �Q. i �6„r. ..'a.s...�.,2 26 T. ST w l'. :-..::: ,.; • Y:s a':1 '4 \: 11V Y�I.-:�:. -(. v.•...'..•-11.-x. __. R.1 I, : MRY `} ) . : z SUBJECT SITE • Ii\ 4..f! 0,...,/' •:-Y-4- \ ,--.-- _. y L r AG AGRICULTURE AGRICULTURE J".____- 'o f, , R1 RURAL RESIDENTIAL • ,` - :f; .� • R2 URBAN RESIDENTIAL 1 .. ' R3 MID—DENSITY RES. ., a. � R4 MULTI FAMILY RES. ;I 1 . _ 1 "c c r".' .. rc` B1 HIGHWAY BUSINESS N fir_ B2 COMMUNITY BUSINESS • :� - S • B3 CENTRAL BUSINESS 11 LIGHT INDUSTRIAL :_•K� �`' ' . 12 HEAVY INDUSTRIAL f :t:=:'~ -,� -� • S SHORELAND _tom FLOODPLAIN DISTRIC MANDATORY PUD • c • RTD RACETRACK DISTRICft .n .... _ .L.. -' • ._ - Zoning Map City of SHAKOPEE TO: Dave Hutton, Public Works Director FROM: Lou Van Hout , SPDC Utilities Manager RE : Acquisition of Property: Lot 1 , Block 1 , Maple Trails Estates 1st Addition DATE: 10/6/93 Upon checking with Scott County, I have been assured that the plat of Maple Trails Estates 1st Addition is now filed. As you had suggested earlier this year, we wanted to wait for the plat to be filed to avoid having a metes-and-bounds description. I have enclosed a copy of my 12/11/92 memo on this for your reference. Our intentions are still the same as described in that memo . If anything further is needed at this point please let me know. Ce)/(e /CAA3 TO: Dennis Kraft , Shakopee City Administrator Karen Marty, Shakopee City Attorney FROM: Lou Van Hout , SPDC Utilities Manager RE : Property Acquisition for Watertower, Wells , and Other Water Uses . DATE: 12/11%92 On November 2 , 1992 the Shakopee Public Utilities Commission voted to acquire a particular parcel of property as a site for a watertower , wells , and other water needs . The legal description of that property is : Lot 1 , Block 1 , Maple Trails Estates 1st Addition. On behalf of the Utilities Commission, I would request that the City of Shakopee acquire that property using the routine procedures of the City for such acquisition. The Utilities Commission will fund the cost to acquire the property, including the purchase price and administrative costs incurred by the City. If further information is needed at this point please let me know. Thank you. :,-; 0 NE; L:41 612:, CONSENT Memo To: Dennis R. Kraft, City Administrator From: Gregg Voxland, Finance Director Re: Farm Lease for 1994 Date: October 19, 1993 Introduction Gene Hauer has inquired about renewal of his farm lease for 1994. Background The Hauer family has farmed the land in the north part of Memorial Park for many years. Since the City acquired the land for a park, it has leased the north part to the Hauer family for continued farming. A few years ago, the City checked around for other interested farmers and found none. There are no current City plans to use the area being farmed. A lease form has been sent to Gene Hauer for his signature and it is to be returned for City official's signatures. Mr. Hauer pays the taxes on the land and $250-$500 in rent depending upon flooding conditions. Action Requested Move to authorize proper City officials to execute a farm lease with Gene Hauer for 1994 under the same terms as 1993. Gv:mmr FARM.LEZ 131 CONSENT Attached is a print out showing the division budget status as of 10/28/93 for 1993 based on data entered as of that date. There appears to be a few divisions running close to their budget. CITY OF SHAKOPEE EXPENSES BY DEPARTMENT CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 00 N/A 0 0 202,662 0 11 MAYOR & COUNCIL 69,140 2,667 47,841 69 12 CITY ADMINISTRATOR 195,110 10,295 145,002 74 13 CITY CLERK 114,510 8,534 89,379 78 15 FINANCE 272,620 13,863 202,376 74 16 LEGAL COUNSEL 158,120 10,092 117,149 74 17 PLANNING 357,940 22,765 244,077 68 18 GENERAL GOVERNMENT BUILDINGS 116,450 7,956 91,454 79 31 POLICE 1,413,630 80,771 1,097,503 78 32 FIRE 805,820 20,884 200,039 25 33 INSPECTION-BLDG-PLMBG-HTG 165,804 10,844 118,702 72 41 ENGINEERING 342,720 20,447 220,475 64 42 STREET MAINTENANCE 688,710 26,547 455,960 66 44 SHOP 149,420 8,815 81,122 54 46 PARK MAINTENANCE 318,770 25,166 247,202 78 48 REFUSE COLLECTION 521,389 41,830 378,712 73 61 POOL 150,300 4,219 135,848 90 64 RECREATION 214,011 12,768 155,617 73 91 UNALLOCATED 51,380 443 303,517 591 TOTAL GENERAL FUND 6,105,844 328,906 4,534,637 74 17 PLANNING 360,860 21,444 247,104 68 TOTAL TRANSIT 360,860 21,444 247,104 68 12 CITY ADMINISTRATOR 64,870 1,989 40,088 62 TOTAL HRA 64,870 1,989 40,088 62 00 N/A 889,400 0 0 0 TOTAL CAPITAL EQUIP REVOLVING FUND 889,400 0 0 0 a a a "' dE+ H H H H H H H H H H H H H .-1 E d0 g 0 as a •i 0 a W ,n H .0 CO CO c0 c0 00 N c0 c0 O O 0 n1 N NN N O N O N N H O 0 0 0 0 N 0 n r- p N O N Np O .rp r-1 .-d O .--1 O •-•i ."1 H O O O O -1 M 0 O co N N O r N N O r r r 00 N r N r .o 0 r r N M r1 4-1 4--1 H M .--1 H . 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CT Cr, 0% Cr, CT ON 0% 0% 0% CT CT 0% CT x U r-I r i r-I 11 11 . 1 r-I .--I r-1 r-1 r-I .-C .--1 U a 0 (V M - ) % H co r) % io CO COCb CO CO CO CO O 0% as 0%0� 0% 0'� 0 N N N N N N N N N N N N Z U 4 4 4 4 4 4 4 4 S .7 S d 0 U O O 0 0 0 O O 0 O O 0 0 a) 00 03 a � 0 0 in N 7 vn N n 0 as 0 ON t0 0 .t r ^ in .-1 0 V> 7 N 7 N p O- N 0 in N co- N H 0 N in -7 `/ co .-4 %0 c/1 N N N N H C+1 N N Oi a% 0% N H H w wz Z0 A 43 x w w EA .a 0 w E-4 co P z w 0ori343aao co a44 flo p a >44 H H .'N H a. H H H H E-4 a0 H 0 to N on 7 H a a a: w z p4 rn CT CT >4 H 0 Cl) 0 � = a 0 '-4 .-I r' Cl) a A w >4 H 7 .O r 0 0 0 0 U H 7 0 ch c' c•1 .--i .-i M 7 = OO .-1 .-1 7 7 7 7 7 1- c0 co co U H * 1t 1t 4t 4t # 1t # * it * * 0 Z a A000000 A000 zz Z Z Z Z Z Z Z Z 0 a W W W W W W W W W W W CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Library Carpeting - Quotation Approval DATE: October 25, 1993 INTRODUCTION: Prior to completing the Library carpeting project, it would be appropriate for City Council to approve the selection of a contractor for said project. BACKGROUND: Consistent with City policies and procedures, supplies and/or capital equipment in excess of $5, 000. 00 require the solicitation of quotations and Council approval. The 1993 City budget did include funding for new carpeting at the Shakopee Library. City staff has received cost quotations from three local vendors for this project. Attached is a summary of the cost quotations. Lebens Bros. Interiors submitted the lowest quotation for the project. Since the project cost is in excess of $5, 000. 00, formal Council approval awarding the project to Lebens Bros. interiors is necessary. The quotation submitted by Lebens Bros. Interiors is slightly under the amount budgeted for this project. ALTERNATIVES: 1. Approve the selection of Lebens Bros. Interiors as the contractor for the Library carpeting project. 2 . Select one of the other contractors for the Library carpeting project. 3 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION REQUESTED: Move to approve the selection of Lebens Bros. Interiors as the contractor for the Library carpeting project. BAS/tiv Carpet Quotation Analysis Shakopee Library Assumptions : 625 yard, solution dyed, 1/8 gauge 26 oz . Nylon. Base 400 linear ft . Berger' s Leben' s Bros. Fonder' s 1. Cost per yard - $9 . 99 $8 .46 $9 . 99 Sub total cost - $6243 . 75 $5287 .50 $6243 . 75 2 . Installation - $3 .20 $2 .50 $3 . 25 Sub total cost - $2000 . 00 $1562 . 50 $2031 .25 3 . Removal - $1.75 - $2 . 00 $2 . 00 - $3 . 00 $1 . 92 - $3 . 84 Sub total cost - $1093 .75 to $1250 . 00 to $1200 . 00 - $1250 . 00 $1875 . 00 $2400 . 00 4 . Base Option #1 - $1 .25 $1 .10 $2 .25 Sub total cost - $500 . 00 $440 . 00 $900 . 00 Option #2 - $1 .30 $ . 90 $1 . 25 Sub total cost - $520 . 00 $360 . 00 $500 . 00 Grand total Option #1 - $9837 . 50 to $8540 . 00 to $10, 375 . 00 to $9993 . 75 $9165 . 00 $11, 575 . 00 Option #2 - $9857 . 50 to $8460 . 00 to $9, 975 . 00 to $10, 013 . 75 $9085 . 00 $11, 175 . 00 CONSENT J3L MEMO TO: Dennis R.Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Tree Plantings - Lion' s Park - Quotation Approval DATE: October 26, 1993 INTRODUCTION: On September 7, 1993 the Shakopee City Council accepted a $5, 000 . 00 grant offered through the SBA Natural Resource Development Grant Program. The grant program required a 50% local match. It would be appropriate for City Council to approve the selection of a contractor for said project . BACKGROUND: Consistent with City policies and procedures, supplies and or capital equipment in excess of $5, 000 . 00 require the solicitation of quotations and Council approval . Funding for the Tree Planting Program at Lion' s Park will be funded through the SBA Grant and Park Reserve Fund. City staff has received quotations from five local vendors for this project . Shown in Attachment #1 is a summary of the cost quotations . Tim' s Lawn and Landscaping submitted the lowest cost quotation for this project . Since the project cost is in excess of $5, 000 . 00, formal Council approval awarding the project to Tim' s Lawn and Landscaping is necessary. ALTERNATIVES: 1 . Approve the selection of Tim' s Lawn and Landscaping as the contractor for the Lion' s Park Tree Planting Project . 2 . Select one of the other contractors for the Lion' s Park Tree Planting Project . 3 . Table action pending further information from staff . STAFF RECOMMENDATION: Staff recommends Alternative #1 . ACTION REQUESTED: Move to approve the selection of Tim' s Lawn and Landscaping as the contractor for the Lion' s Park Tree Planting Project . BAS/tiv I- t City of Shakopee Tree Request For Cost Quotation Cost Summary Contractor Oty BH Spruce CO Spruce Tot.Cost 1. Wilsons Nursery 40 $99 . 00 $3960. 00 40 $109 . 00 $4360. 00 2 . Tim' s Lawn 40 $78 . 00 $3120. 00 40 $82 . 00 $3280. 00 3 . AJ's Tree Service 40 $90. 00 $3834 . 00 5' to 6' trees 40 $90. 00 $3834 . 00 4 . Shutrop Landscaping 40 $199 . 00 $7960. 00 6' to 8' tree spade 40 $199 . 00 $7960. 00 5 . Outdoor Env. Inc. 40 $104 . 37 $4174 . 80 40 $104 . 37 $4174 . 80 CONSENT RESOLUTION NO. 3894 A RESOLUTION CANVASSING RETURN FOR THE MUNICIPAL ELECTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that it is hereby found and determined and declared that the regular municipal election held in and for said City on d an November 2 , 1993 , was in all been spects duly canvassed,anand ethelvotes ca s tat returns thereof have duly said election were as follows : For Mayor, two year term: Gary L. Laurent 1079 Write Ins 143 Under votes 142 Over votes 0 For Council-at-Large, (two) four year terms : Kristen L. Dirks 860 Gary E. Scott 625 Robert O. Sweeney 890 Write Ins 20 Under votes 331 Over votes 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that Gary L. Laurent is duly elected Mayor, for a two year term, commencing January, 1994 and Kristen L. Dirks and Robert O. Sweeney January, y co e duly elected tthe City Council, each for a four year ter 994 . Adopted in Regular Session of the City Council of the City of Shakopee, Minnesota, held this 3rd day of November, 1993 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney 012 SHAKOPEE - P. 1 1 SCOTT COUNTY. MINNESOTA GENERAL ELECTION NOVEMBER 2, 1993 0 Total Number Voting 276 CITY OF SHAKOPEE - MAYOR 201 72. 82% GARY L. LAURENT 29 10. 50% Total Votes Cast 276 Number Under Votes 46 16. 66% Number Over Votes 0 . 0% CITY OF SHAKOPEE - COUNCIL ( Elect 2) KRISTEN L. DIRKS 121 21. 92% GARY E. SCOTT 169 30. 61% ROBERT 0. SWEENEY 191 34. 60% 4 . 72% Total Votes Cast 552 Number Under Votes 65 11. 77% Number Over Votes 2 . 36% TOTAL BALLOTS CAST 276 TOTAL TYPE 1 BALLOTS 276 CITr/ SCHOOL ELECTION PRECINCT SUMMARY STATEMENT FOR THE GENERAL ELECTION , NOVEMBER 2 , 1993 A . PRECINCT : 085 B . PRECINCT CODE: 0115 C . WARD: 00 D . PREGINGT NAME : SHAKOPEE P-1 E . COUNTY : SCOTT F . CONGRESSIONAL DISTRICT : 02 G . LEGISLATIVE DISTRICT: 35B ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ H . NUMBER OF BALLOTS RECEIVED FROM CLERK 4 �0 ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ I . NUMBER OF PERSONS REGISTERED AT 7AM 1 ' 18 J . NUMBER OF NEW REGISTRATIONS AT THE POLLING PLACE ON ELECTION DAY ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ K . NUMBER OF SIGNATURES ON THE POLLING PLACE ROSTER L . NUMBER OF ACCEPTED REGULAR , MILITARY AND OVERSEAS ABSENTEE BALLOTS (COUNT # OF ACCEPTED ENVELOPES) M . TOTAL NUMBER OF PERSONS VOTING IN THE PRECINCT 7 7 (K + L = M) _ I N. NUMBER OF COMPLETELY DEFECTIVE BALLOTS IN THE BALLOT BOX ( IDENTIFIABLE MARKS ETC. ) O . TOTAL NUMBER OF BALLOTS TO BE COUNTED c2 76 (M — N = 0) ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++Q++++++ P . NUMBER OF COMPLETELY BLANK BALLOTS IN THE BALLOT BOX 0 . NUMBER OF REMADE BALLOTS IN THE REMADE BALLOT ENVELOPE +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ R. NUMBER OF SPOILED BALLOTS IN SPOILED BALLOT ENVELOPE j S . NUMBER OF UNUSED BALLOTS RETURNED TO THE CLERK (CALCULATE: H — K — 0 — R = S) 013 SHAKOPEE - P. 2 1 SCOTT COUNTY. M I NNESC T GENERAL ELECTION NOVEMBER 2, 13'33 0 Total Number Vot ?.Y'o 264 CITY OF SHAKOPEE - :KAYO R 209 79, 16% GARY L. LAURE^ T 28 10. 60% Total Votes Cast 26-r Number Under Votes 27 .0. 22% Number Over Votes 0 . 0% CITY OF SHAKOPEE - COUNCIL ( Elect 2) KRISTEN L. DIRKS 151 28. 59% GARY E. SCOTT 121 22. 91 ROBERT O. SWEENEY 193 36. 55% 2 . 37% Total Votes Cast 528 Number Under Votes 61 11. 55% Number Over Votes 0 . 0% TOTAL BALLOTS CAST 264 TOTAL TYPE 1 BALLOTS 264 CITY/SCHOOL ELECTION PRECINCT SUMMARY STATEMENT FOR THE GENERAL ELECTION , NOVEMBER 2 , 1993 A . PRECINCT : 085 B . PRECINCT CODE : 0120 C . WARD: 00 D . PRECINCT NAME : SHAKOPEE P-2 E . COUNTY : SCOTT F . COPJGRESSIONAL DISTRICT : 02 G . LEGISLATIVE DISTRICT: 35B ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ H . NUMBER OF BALLOTS RECEIVED FROM CLERK ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ I . NUMBER OF PERSONS REGISTERED AT 7AM 1 ,094 Cr J . NUMBER OF NEW REGISTRATIONS AT THE POLLING PLACE ON ELECTION DAY ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ K . NUMBER OF SIGNATURES ON THE POLLING PLACE ROSTER L. NUMBER OF ACCEPTED REGULAR, MILITARY AND OVERSEAS / ABSENTEE BALLOTS (COUNT # OF ACCEPTED ENVELOPES) 1-1 M. TOTAL NUMBER OF PERSONS VOTING IN THE PRECINCT ` 6 tK + L = M) N. NUMBER OF COMPLETELY DEFECTIVE BALLOTS O IN THE BALLOT BOX ( IDENTIFIABLE MARKS ETC. ) O. TOTAL NUMBER OF BALLOTS TO BE COUNTED 044 (M - N = 0) ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ P. NUMBER OF COMPLETELY BLANK BALLOTS lJ IN THE BALLOT BOX (D . NUMBER OF REMADE BALLOTS IN THE REMADE BALLOT ENVELOPE +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++I+++++++++++++ R. NUMBER OF SPOILED BALLOTS IN SPOILED BALLOT ENVELOPE S. NUMBER OF UNUSED BALLOTS RETURNED TO THE CLERK (CALCULATE: H - K - Q - R = S) 014 SHAKOPEE - P. 3 1 SCOTT COUNTY. MINNESOTA GENERAL ELECTION NOVEMBER 2. 1993 Total Number Vot ina 253 CITY OF SHAKOPEE - mAYOR 190 75. 09%GARY L. LAURENT 39 15. 41% Total Votes Cast 253 Number Under Votes 24 9. 487. Number Over Votes 0 . 0% CITY OF SHAKOPEE - COUNCIL ( Elect 2) KRISTEN L. DIRKS 106 34.173 34. 18%' 8% GARY E. SCOTT ROBERT 0. SWEENEY 157 31. 02% 5 . 98% Total Votes Cast J06 Number Under Votes 65 12. 84% Number Over Votes 0 . 0% TOTAL BALLOTS CAST 253 TOTAL TYPE 1 BALLOTS 253 CITY/SC:HOOL ELECTION PRECINCT SUMMARY STATEMENT FOR THE GENERAL ELECTION, NOVEMBER 2 , 1993 A . PRECINCT : 085 B. PRECINCT CODE: 0125 C . WARD: 00 D . PRECINCT NAME: SHAKOF'EE P-3 E . COUNTY: SCOTT F . CONGRESSIONAL DISTRICT : 02 G . LEGISLATIVE DISTRICT: 35B +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++o+++++++++ H . NUMBER OF BALLOTS RECEIVED FROM CLERK /CO++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ I . NUMBER OF PERSONS REGISTERED AT 7AM 1 ,BSEi J . NUMBER OF NEW REGISTRATIONS AT THE POLLING PLACE ON ELECTION DAY ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ K . NUMBER OF SIGNATURES ON THE POLLING PLACE ROSTER z5o + L . NUMBER OF ACCEPTED REGULAR , MILITARY AND OVERSEAS Z ABSENTEE BALLOTS (COUNT # OF ACCEPTED ENVELOPES) M. TOTAL NUMBER OF PERSONS VOTING IN THE PRECINCT 25Z (K + L = M) N. NUMBER OF COMPLETELY DEFECTIVE BALLOTS 0 IN THE BALLOT BOX ( IDENTIFIABLE MARKS ETC. ) 0. TOTAL NUMBER OF BALLOTS TO BE COUNTED 2S2- (M S2(M - N = 0) +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ P. NUMBER OF COMPLETELY BLANK BALLOTS IN THE BALLOT BOX a O . NUMBER OF REMADE BALLOTS IN THE REMADE BALLOT ENVELOPE +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++D+++++++++ R. NUMBER OF SPOILED BALLOTS IN SPOILED BALLOT ENVELOPE 7 S . NUMBER OF UNUSED BALLOTS RETURNED TO THE CLERK (CALCULATE: H - K - Q - R = 5) 015 SHAKOPEE - P. 4 1 SCOTT COUNTY, MINNESOTA GENERAL ELECTION NOVEMBER 2, 1993 0 Total Number Voting 311 CITY OF SHAKOPEE - MAYOR `E6 85. 53'/• GARY L. LAURENT 20 6. 43% Total Votes Cast 311 Number Under Votes 25 8. 03% Number Over Votes 0 0% CITY OF SHAKOPEE - COUNCIL ( Elect 2) KRISTEN L. DIRKS 225 36. 17% GARY E. SCOTT 123 19. 77% ROBERT 0. SWEENEY 195 31. 35% 6 . 96% Total Votes Cast 622 Number Under Votes 73 11. 73% Number Over Votes 0 . 0% TOTAL BALLOTS CAST 311 TOTAL TYPE 1 BALLOTS 311 CITr/SCHOOL ELECTION PRECINCT SUMMARY STATEMENT FOR THE GENERAL ELECTION , NOVEMBER 2 , 1993 A . PRECINCT : 085 B . PRECINCT CODE : 0130 C . WARD: 00 D . PRECINCT NAME: SHAKOPEE P-4 E . COUNTY : SCOTT F . CONGRESSIONAL DISTRICT : 02 G . LEGISLATIVE DISTRIC:T: :35B + ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++SU+++++++++ H . NUMBER OF BALLOTS RECEIVED FROM CLERK f ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ I . NUMBER OF PERSONS REGISTERED AT 7AM 2,015 J . NUMBER OF NEW REGISTRATIONS AT THE POLLING PLACE /7 ON ELECTION DAY +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ 016 SHAKOPEE - F'. 5 1 SCOTT COUNTY, MINNESOTA GENERAL ELECTION NOVEMBER 2, 1993 0 Total Number Voting 260 CITY OF SHAKOPEE - MAYOR 213 81. 92'!. GARY L. LAURENT 27 10. 38% Total Votes Cast 260 Number Under Votes 20 7. 69/. Number Over Votes 0 . 0% CITY OF SHAKOPEE - COUNCIL ( Elect 2) KRISTEN L. DIRKS i90 36. 53% GARY E. SCOTT 106 20. 38% ROBERT 0. SWEENEY 154 29. 61% 3 . 57% Total Votes Cast 520 Number Under Votes 67 12. 88% Number Over Votes 0 . 0% TOTAL BALLOTS CAST 260 TOTAL TYRE1 BALLOTS 260 CITYiSC:HOOL ELECTION PRECINCT SUMMARY STATEMENT FOR THE GENERAL ELECTION, NOVEMBER 2 , 1993 A . PRECINCT : 085 B. PRECINCT CODE : 0135 C . WARD: 00 D . PRECINCT NAME : SHAKOPEE P-5 E . COUNTY : SCOTT F . CONGRESSIONAL DISTRICT : 02 G . LEGISLATIVE DISTRICT: 358 ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ H . NUMBER OF BALLOTS RECEIVED FROM CLERK G'SO ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ I . NUMBER OF PERSONS REGISTERED AT 7AM 1 ,271 J . NUMBER OF NEW REGISTRATIONS AT THE POLLING PLACE ON ELECTION DAY ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ K . NUMBER OF SIGNATURES ON THE POLLING PLACE ROSTER L . NUMBER OF ACCEPTED REGULAR, MILITARY AND OVERSEAS ABSENTEE BALLOTS (COUNT # OF ACCEPTED ENVELOPES) M. TOTAL NUMBER OF PERSONS VOTING IN THE PRECINCT 266 (K + L = M) N. NUMBER OF COMPLETELY DEFECTIVE BALLOTS 0 IN THE BALLOT BOX ( IDENTIFIABLE MARKS ETC. ) O. TOTAL NUMBER OF BALLOTS TO BE COUNTED 0246 (M - N = 0) +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ P. NUMBER OF COMPLETELY BLANK BALLOTS IN THE BALLOT BOX Q . NUMBER OF REMADE BALLOTS IN THE REMADE BALLOT ENVELOPE ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ R. NUMBER OF SPOILED BALLOTS 0 IN SPOILED BALLOT ENVELOPE S . NUMBER OF UNUSED BALLOTS RETURNED TO THE CLERK (CALCULATE: H - K - Q - R = 5) CONSENT MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Authorization to Advertise for the Hiring of an Additional Planning Staff Member DATE: October 27, 1993 INTRODUCTION: At the last City Council meeting the City Administrator was directed to initiate the process for the hiring of an additional planning staff member. BACKGROUND: The work load of the Planning Department has increased significantly as a result of growth the community is now experiencing. This has resulted in the Planning staff devoting almost all of it' s time to current planning activities (subdivision plats, PUD' s, zoning ordinance amendments) with very little time being available to properly plan for the future growth and development of the community. The hiring of an additional staff member to focus almost entirely on long range planning for the city' s future will enable the community to more coherently provide for the accelerated growth that will occur when the Bloomington Ferry Bridge is completed. RECOMMENDATION: Direct the City Administrator to initiate the hiring process for a new planning staff member as soon as possible and further direct the City Administrator to conduct the necessary interviews and make a recommendation as to the hiring of this individual as close to the beginning of 1994 as possible. It is recommended that this planning position be a professional, exempt, non-union position with a pay range of $32 , 649 to $43 , 532 on the 1993 pay plan. This would result in the position having 82 points on the City' s Pay Plan. The position would be between the Assistant City Planner position and the City Planner position which have 75 and 90 points respectively. ACTION REQUESTED: Move to direct the City Administrator to initiate the hiring process for a new planning staff member at a salary range of $32 , 649 to $43 , 532 and further direct the necessary budget amendments to be made to provide for the funding of this position. i r- -'' ig i 'S MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Boards and Commissions Expiring Terms DATE: October 28 , 1993 INTRODUCTION: According to City Council policy, it is appropriate that Council consider at this time the reappointment of individuals whose terms on boards and commissions are expiring. BACKGROUND: According to the policy, ninety days prior to the expiration of terms each year, the Council shall be advised of the upcoming vacancies and the attendance record of the individuals whose terms are expiring, should those individuals be eligible for reappointment. At that time the Council shall consider the reappointment of those individuals. Should the Council determine that the individuals merit reappointment, they will be contacted to determine if they wish to seek reappointment. Council shall also announce the upcoming vacancies and that applications will be accepted from all interested citizens of Shakopee. Application Deadline: Since adoption of the current policy, there has been confusion on the exact date that applications will no longer be considered. Sometimes there have been insufficient applications received and Council has made nominations as late as the same evening of appointment. In 1990, Council set the final date to receive applications as the first meeting in January. This is the meeting that nominations are made. Unless Council directs otherwise, the deadline for receiving applications will be the first meeting in Janaury. Recommendation: Direct staff to provide Council with all applications received for Boards and Commissions until the first meeting in January and retain the right to re-advertise if an inadequate number of applications are received. Eligible Appointees: Attached is a list of the individuals whose terms are expiring and who are eligible for reappointment. Their attendance record is in compliance with city attendance requirements. Recommendation: Direct staff to contact all board and commission members whose terms are expiring inviting them to apply for reappointment. Summary: Staff will follow up on advertising, posting, and mailing notices on accepting applications for filling the expiring terms on city boards and commissions. A letter will be sent to each member whose term is expiring January 31, 1994 inviting them to consider reappointment, unless Council advises otherwise. RECOMMENDED ACTION: 1. Announce that applications are now being accepted for expiring terms on city boards and commissions and direct staff to follow up with appropriate notices. 2. Move to accept all applications for boards and commissions until the first council meeting in January, 1994, retaining the right to re-advertise if inadequate applications are received. 3 . Direct staff to contact all board and commission members whose terms are expiring inviting them to apply for reappointment. CITY OF SHAKOPEE BOARDS AND COMMISSIONS TERMS EXPIRING JANUARY 31, 1994 Planning Commission: * IN COMPLIANCE WITH H.R. Spurrier* ATTENDANCE REQUIREMENTS Terry Joos* Energy and Transportation Committee: Gail Mars* John Drees* Joe Kelly* Park And Recreation Advisory Board: Paulette Rislund* Anne Seifert* Board of Review: Eldon Reinke* Richard Marks* Steve Clay* Michael Beard* Robert Sweeney* Building Code Board of Adjustments and Appeals: Housing Advisory & Appeals Board: Gene Juergens - no meetings held in 1993 Shakopee Public Utilities Commission: Barry Kirchmeier - not applicable Police Civil Service Commission: Stan Von Bokern* Cable Communications Advisory Commission: Shakopee Community Access Corporation Board of Directors: Larry Moonen* Community Development Commission: Jon Albinson* Charles Brandmire* 3 l< MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Boards and Commissions Expiring Terms DATE: November 2, 1993 INTRODUCTION: The current guidelines for appointments to and operations of boards and commissions addresses limiting the number of consecutive terms an individual may serve on a board or commission. With this years appointment process, this clause needs to be taken into consideration. BACKGROUND: On December 15, 1987, City Council adopted, by resolution, the current policy on boards and commissions. The policy permits members of boards and commissions to serve a maximum of three (3) consecutive terms . When the policy was adopted, it permitted an incumbent at the time of its writing to be considered to be serving his/her first term and to be eligible for two additional terms . Three incumbents' terms are expiring this coming February who have served at least three terms . Barry Kirchmeier was appointed to Shakopee Public Utilities Commission effective April 6, 1982 . Larry Moonen was appointed to the Cable Communications Advisory Commission effective 3/5/85 . Gene Juergens was appointed to the Building Code Board of Adjustments and Appeals and the Housing Advisory and Appeals Board (BCBAA/HAAB) effective May 6 , 1986 . Shakopee has utilized the Board of Review (separate from a full Council Board of Review) for the past four years . The decision to use this citizen Board of Review and making appointments has been made each year. City Council has not decided to make the Board permanent and set terms. Mr. Reinke and Mr. Marks have served on the Board of Review for each of these four years . POTENTIAL PROBLEMS : Over the years we have had difficulty recruiting individuals to serve on the Cable Commission, the Building Code Board of Adjustments and Appeals/Housing Advisory & Appeals Board, and the Board of Review. Limiting the number of terms could cause a vacancy if incumbents are willing to be reappointed but are not eligible because of term limits . (We are currently short one member on the BCBAA/HAAB. Boards and Commissions Expiring Terms November 2, 1993 Page -2- ALTERNATIVES : 1] Amend the Policy to allow for deviations when in the best interest of the community - would allow dispensing with the three year term limit if new applications are not received for an opening. 2] Amend the Policy to limit the number of terms one can serve on a board or commission to three for those boards and commissions that meet monthly or more frequently. (This would eliminate the Cable Commission, the Board of Review, and the Building Code Board of Adjustments and Appeals/Housing Advisory & Appeals Board as well as the Police Civil Service Commission. ) (The Boards and Commissions with three consecutive term limits will continue for: Planning Commission, Park and Recreation Advisory Board, Shakopee Public Utilities Commission and Community Development Commission; all meet monthly; or more frequently. ) 3] Status quo. RECOMMENDATION: Staff recommends alternative number 2 . ADDITIONAL RECOMMENDED ACTION: Direct staff to prepare an amendment to the Boards and Commissions Guidelines for Appointments and Operation so as to limit to three the number of consecutive terms one can serve on those Boards and Commissions that meet monthly or more frequently. bL MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Proposed League of MN Cities - 1994 City Policies and Priorities DATE: October 26, 1993 INTRODUCTION: Copies of the proposed League of Minnesota Cities (LMC) 1994 City Policies and Priorities are attached. The City Council should formulate a position on these policies so that the Council representatives at the LMC 1994 Policy Adoption Meeting can represent the will of the Council . BACKGROUND: In the past the City Council has gone over the League Policies and has decided, typically by affirmative vote which policies they agree with and likewise by negative vote which policies they have not agreed with. This can be a very time consuming process, therefore I would suggest that the City Council deal with these policies on an exception basis, i .e . identify only those policies or groups of policies that the City Council disagrees with in a manner similar to how the Council handled the AMM policies earlier this month. RECOMMENDATION: It is recommended that the City Council review the LMC Policies; identify those areas where there are disagreements, if any; identify the nature of the disagreements; formally adopt the policies as either originally presented or as amended, and then direct the City' s representatives to vote the will of the Council at the LMC Policy Adoption Meeting. ACTION REQUESTED: Move to adopt the LMC City Policies and Priorities for 1994 as presented (or in the alternative "as amended") . 111411 3490 Lexington Avenue North St.Paul,MN 55126.8044 League of Minnesota Cities (612)490-5600 October 22, 1993 TO: Managers or Clerks (Please distribute a copy of these materials to your mayor and councilmemberss)) �Q FROM: James F. Miller qv,. Executive Director SUBJECT: 1994 Policy Adoption Conference and Legislative Policies Because the Legislature will be meeting in a "short" session in 1994, some anticipate that significant legislation will not be passed. History, however, suggests that every session of the Legislature can be critical. Therefore, it is important that your city exercise its right to vote on those policies which will guide the League's legislative program during this coming session. Enclosed is a copy of the 1994 City Policies and Priorities, as proposed by the League's policy committees and the Board of Directors. These policies address significant city issues such as local government aid, annexation, tax increment financing, transportation funding, and wetlands protection. The League membership will vote on these policies as part of the LMC Policy Adoption Conference which will be held on Thursday, November 18, 1993 at the Decathlon Club, 7800 Cedar Avenue South, Bloomington. Directions and other relevant information are included. In addition to consideration of the proposed policies, city officials will have an opportunity to hear from a variety of speakers on municipal issues. In order for League staff to plan properly for the meeting, please register as early as possible. We look forward to seeing all of you on November 18th. OVER �t��:i i�:i l��i���'n(;l$i fill:Y�. fhr;iii?AS'f/ :;•1frYN%rjff Y f.-,�'>_:."x^.S,Cr • • '3.:,<''r': tzfi.�'�• : :r:. .t` ;1 .'-53..:�Mr.E%i:';::' "Y:{y;::r;::.{v •:::::::....:........ .c.. x �:;-::,,f"i't::;{.r•:>ir. -. � ;;?r:r%wbY.:lm:fr.F:4. ::�::•:.,: :.:•f.•k:�: "' ;;.:,,:;G:. � �.;:.,.�Y�;i,.'..•. hz " November 1993 HI > >>;> 1 2 3 4 5 6 7 8 .9 10 11 12 13 • # h F 1993 Policy14 15 1617 19 20kat 21 22 23 24 25 26 27 p 28 29 30 • Adoption Illeetlllg „,„„„ Plan now to attend the League of Minnesota Cities 1993 Policy Adoption Meeting on November 18, 1993 at the Decathalon Club in Bloomington. As a member of the League of Minnesota Cities, your city is entitled to vote on the League's 1994 City Policies and Priorities.The policies address crucial issues affecting cities, and your vote counts. Schedule 8:30 a.m. Registration 9:30 a.m.. President's message--Leland Swanson, LMC President and Mayor, Morris 9:45 a.m. Annexation/growth management i,:j.kJtiiv" 11:00 a.m. Open meeting law 11:45 a.m.. s `.'. Legislative preview, House Speaker Iry Anderson (invited) »�hr: 12:15 p.m.. Lunch 1:15 p.m. t, :.>Y..r: Adoption of proposed policies Development Strategies Elections and Ethics General Legislation and Personnel n ' Land Use, Energy, Environment and Transportation • Revenue Sources Mandates mow' a/. Aro g<.ga> s ...................................................................... Thursday, November 18, 1993 '1` League of Minnesota Cities Y 1993 Policy Adoption Meeting The Decathalon Club Bfil Registration form LMC 1993 Policy Adoption Meeting City t Y ............ r n Contact so Co t c Pe Telephone number Registration Nameper person: Title Address Make checks payable and mail to: EN League of Minnesota Cities City 3490 Lexington Avenue North St.Paul,MN 55126 State Zip Feel free to duplicate for multiple registrations >g r: Housing form LMC 1993 Policy Adoption Meeting :: -, r Name Please specify: r.. _$59+tax single (one person) Representing __$59+ tax double(two people) ' :fir,..; !St Address I will arrive after 4:00 m.Please IP P S'<..: guarantee the reservation with City :r;; la State Zip (Credit card) Number and expiration date ;: Phone: ( ) rf ; Mail to: .'pi 1! ,;4 . = = = Reservations department 'v.,' The Decathalon Club1: Month/Day/Year Month/Day/Year f{`• Arrival Arrival time Departure 7800 Cedar Avenue South "r:„f.i Bloomington, MN 55425 P0 Check out time 12:00 noon (612) 854-7777 .,!! ; Check in time 3:00 p.m. Directions to Decathlon Club From the east on 494 : -494 West DIRECTIONS TO DECATHLON CLUB -to 12th & Portland, exit right after Hwy. 77 . -top of exit ramp turn left / -go to second stop light (79th) RICHFIELD • # AIturn left. I4 -you will pass Eddie Webster's (left side) 1 t -you will also pass First Star Financial Building on the left. N „ JA h., -we are located on the left side, I-494 . �._ AO �' _ _I- with the tennis courts facing the I�j R - south side of the building. Front a9.R 7111111 (IL MN St.) * . LON ATHLETIC CLUB -+ 79th St. 79th St. 14 i BLOOMINGTONI Killebrew Dr. From the west on 494 : 1� S i i ` -494 East • -to Portland Exit jQ N -top of exit ramp go straight on 1 $ service road parallel to freeway. 3 j -you will cross Portland and 12th. -pass Comfort Inn and Eddie Webster c �� ad -we are located at the end of the �>li. �rwaa• service road on the right hand sic �_ ` Or' �-�IJ��VI�! I I 1 Our Adress is: Ced r�Ave. X77 The Decathlon Club t 1700 East 79th Street I Bloomington, MN 55425 BUR NSVILLE Fax Number is: (612) 854-7777 3490 Lexington Avenue North St.Paul,MN 55126 League of Minnesota Cities (612)490-5600 LEAGUE OF MINNESOTA CITIES POLICY ADOPTION MEETING RULES 1. Registration Registration shall remain open from the previously announced opening of conference registration until completion of policy adoption. 2. Voting Privileges A.. The vote on any legislative matter shall be by acclamation; but at any time before the result of the vote is announced, the presider may, and shall, if requested to do so by ten or more delegates present, submit the question under consideration to a vote by municipality, in which case each member municipality represented shall have one vote. B. When any vote by municipality is conducted, only one delegate per city shall be permitted to vote on policy proposals, priorities, or motions. Each current LMC member city shall designate one official as delegate (and may select another city official as an alternate) for voting purposes. Only those officials with voting cards for their cities shall be eligible to vote. Possession of the voting card of the city and the signed voting card register shall be evidence that the holder of the voting car is the city's delegate for purposes of voting. 3. Committee Reports The chair or vice chair of each committee shall present the committee report and move adoption of the policy statements. After adoption of policy language, the chair or vice chair shall move adoption of priority rankings. Upon a motion supported by at least 10 delegates, the chair shall place on the agenda for discussion: A) a proposal to make a substantive change in the language of a proposed policy, B) change a priority, C) a request to divide a proposed policy statement, or D) to take a position which the appropriate policy committee chair or representative states was not considered by the committee. = OVER = The text of nonprocedural motions and amendments, other than changes in policy priorities and motions to divide a policy statement, must be submitted in writing to the chair prior to debate. 4. Majority Required A) Amendments to language or division of proposed policy statements require a majority vote of the City delegates voting on the motion. B) Final passage of any policy or amended policy or change in priority requires a favorable vote of 2/3 of the City delegates voting on the policy. 5. Disputes Disputes regarding eligibility to vote shall be referred to the LMC General Counsel and may be appealed to the conference. Such reports or appeals shall be a special order of business and may be taken up at any time a new question (main motion) is in order. 6. Limits on Debate Each speaker shall be limited to three minutes on any debatable question. The chair may extend the debate limits in order to consider an issue if numerous delegates request to be heard on the issue. The chair may reduce the time allotted for debate in order to complete policy adoption, but in no case shall the length of time be reduced to less than three minutes per side. 7. Parliamentary Procedure Precedence. The policy adoption process shall be governed by the LMC Constitution, these rules, and Roberts Rules of Order, Revised. The conference shall be its own judge of these rules and Roberts Rules of Order. Appeal of the Chair. Debate of the motion "appeal of the ruling of the chair," rule #6 notwithstanding, shall be limited to two minutes by the appealer and two minutes by the chair. Either may designate another eligible voting delegate (or LMC officer or board member) to speak in his/her place. Changes. Motions to "rescind" and "reconsider" shall require a two-thirds vote of delegates present and voting. 8. Number of "A" Priorities A motion to change a proposed policy's priority to an "A" priority must also propose another "A" proposed policy to be reduced below an "A" priority. The final number of "A" priority policies shall not exceed the number proposed to the conference by the Legislative Committee, but when a policy with a proposed "A" priority is divided, the number of "A" priorities shall not be considered to be increased. V1 • • Ca) Proposed ci)01994 ci) City Policies and P for legislative and 0 administrative action bi) CI) 0- , - 3490 Lexington Avenue North St. Paul,MN 55126-2977 (61 490-5600 FAX2)(612)490-0072 © 1993 League of Minnesota Cities All rights reserved Printed in the United States of America Legislative Policy Committee Members Development Strategies General Legislation and Personnel Craig Waldron, Administrator, Oakdale--Chair William Thompson, Mayor, Coon Rapids--Chair Robert Haarman, Administrator, Sauk Rapids--Vice Michael McCauley, City Manager, Waseca--Vice Chair Chair Richard Abraham, Administrator, Lake City Cynthia Albright, Councilmember, Duluth Lynn Boland, Personnel Director, Apple Valley David R. Arvig, Mayor, Twin Valley Frank Boyles, City Manager, Prior Lake Romeo Cyr, Mayor, Red Wing Lorraine Browne, Mayor, Atwater Brian Fritsinger, Community Planning Director, Arden Thomas Burt, City Manager, St. Anthony Hills Gary Doty, Mayor, Duluth Larry D. Hansen, Administrator, Stewartville Holly Duffy, Asst. to Administrator, Eagan Terri Heaton, Deputy Director of Admin. Services, Bob Fragnito, Mayor, Nashwauk Bloomington Kelly P. Frawley, Asst to Administrator/Personnel Jon Hohenstein, Asst. to Administrator, Eagan Offer., Cottage Grove Ronald S. Johnson, Administrator, Zumbrota James Froehle, MACTA, Fridley Steven Jones, Administrator, Mora Karl Glade, Mayor, Alexandria Andrea Hart Kajer, Legislative Liaison, Minneapolis Ken Hartung, Administrator, Bayport Mark D. Larson, Administrator, Glencoe Paul Hicks, Councilmember, Hastings Scott Larson,. Administrator, Cambridge Brian Holzer, Fire Chief, Burnsville John Moravec, Councilmember, Crystal Andrea Hart Kajer, Legislative Liaison, Minneapolis Frank Ongaro, Mayor's Office, St. Paul John Kelley, Chief of Police, New Brighton Bruce Peterson, Community Development Director, Kathleen McBride, Finance Director, So. St. Paul Willmar Jean McConnell, Councilmember, Rochester Ron Rogstad, Admin. Services Director, Oakdale Kent Michaelson, Dir., Personnel/Labor Relations, Larry Siegler, Councilmember Fairmont Bloomington Judy Tschumper, Economic Development Director, Mancel Mitchell, Police Chief, St. Louis Park Burnsville Mark Nagel, City Manager, Anoka James Norman, Administrator, Renville Elections and Ethics Samantha Orduno, Administrator, Mounds View Desyl Peterson, City Attorney, Minnetonka Dianne Krogh, Assistant Manager/Clerk, West St. Paul- Marty Pinkney, Councilmember, Moorhead Chair Miriam Porter, Administrator, Victoria Fran Clark, City Clerk, Mound--Vice Chair Bryan Read, City Administrator, Kenyon Lucille E. Aurelius, Clerk, Maplewood Thomas Reber, Administrator, Fairmont Judith Cox, City Clerk, Shakopee Howard Rowland, Personnel Director, Brooklyn Park Patricia Crawford, Clerk/Treasurer, Motley Mark Sather, City Manager, White Bear Lake Thomas P. Ferber, Clerk, Richfield Susan Schumacher, Personnel Coordinator, Maple Darlene George, City Clerk, Crystal Grove Carole Grimm, Clerk, Rochester Dan Scott, Police Chief, North St. Paul Barbara Lanum, Councilmember Bass Brook Jill Shorba, Administrative Assistant, Burnsville Myrna Maikkula, City Clerk, Brooklyn Park Jeanette Sobania, Personnel Coordinator, Plymouth Harry Mares, Mayor, White Bear Lake Joyce Twistol, Clerk, Blaine Joyce Mercil, Director of Elections, Minneapolis Betty Zachmann, Clerk Treasurer, Winsted Mary Mueller, City Clerk, Apple Valley Doris Nivala, Admr/Clerk/Treasurer, Ham Lake Land Use, Energy, Environment, and Molly O'Rourke, City Clerk, St. Paul Transportation Susan Olesen, City Clerk, Burnsville Joan Russell, Councilmember, Golden Valley Curtis Jacobsen, City Administrator, Howard Lake-- JoAnne Student, Deputy Clerk, Columbia Heights Chair Maria Vasiliou, Councilmember, Plymouth Marsha Soucheray, Councilmember, Shoreview--Vice Liz Witt, Deputy Clerk, Eagan Chair Evelyn Woulfe, City Clerk, Bloomington Rosemary Given Amble, Councilmember, Bemidji 1994 City Policies and Priorities 1 Lynn Becklin, Councilmember, Cambridge Blaine C. Hill, Clerk/Treasurer, Breckenridge Gary Berg, Community Development Director, Cottage Greg Isaackson, Clerk-Administrator, Cottonwood Grove Darrell Johnson, Treasurer/Finance Officer, Winona Jerome Bohnsack, Clerk Administrator, New Prague Ferner "Skip" Johnson, Mayor, Mound Lavonne Bowman, Councilmember, Fairmont David J. Kennedy, City Attorney, Crystal Gerald Breuer, City Administrator, Staples Duane Knutson, Mayor, Fertile Gary Brown, Engineer, Brooklyn Park Lynn Lander, Administrator, Hermantown Bruce Bullert, Engineer, Savage Kim Lee, City Planner, Faribault Bonnie Cumberland, Mayor, Brainerd Steven Mielke, City Manager, Hopkins Bob Derus, Administrator, Corcoran Kathleen Miller, Administrator, Lauderdale Jerry Dulgar, City Manager, Crystal Ron Moorse, Administrator, Orono Craig Ebeling, Engineer, Burnsville Doug Nakari, Admr/Cler/Treasurer, Cook Susan Hoyt, Administrator, Falcon Heights Dennis Nelson, Clerk/Treasurer, Windom Gloria Johnson, Councilmember, Golden Valley Gary Neumann, Asst. Administrator, Rochester Vernon A. Johnson, Mayor, Roseville Lyle R. Olson, Dir. of Admin. Services, Bloomington Marvin Johnson, Mayor, Independence Steven Perkins, Council Administrator, Red Wing Laurence Jung, Planning Commission Chair, Mendota Al Ringsmuth, Mayor, Waite Park Mark Karnowski, Administrator, Lindstrom Mark Sievert, City Administrator. St. James Bill Klein, Councilmember, Inver Grove Heights Roger Simonson, Administrator, Two Harbors Tony Knapp, Councilmember, Mankato Greg Sparks, City Administrator, Worthington Paul Krauss, Planning Director, Chanhassen Virginia Sterling, Councilmember, Apple Valley Julian Empson Loscalzo, Public Works Dept., St. Paul Dean Swanson, Councilmember, Crosslake Harry A. Lyon, Jr., Councilmember, North St. Paul Kurt Ulrich, Administrator, Champlin R. David Miller, Economic Development Director, Gene VanOverbeke, Finance Director/Clerk, Eagan Dodge Center Daniel J. Vogt, Admr/Clerk/Treasurer, Brainerd Robert F. Morgan, Administrator, Branch James Willis, City Manager, Inver Grove Heights Larry Nicholson, Councilmember, Moorhead John Young, Jr., Councilember, Hawley Bill Ottensmann, Director Public Works, Coon Rapids Stanley Rensberger, Councilmember, Ortonville Federal Legislative Terry Schneider, Councilmember, Minnetonka Ryan Schroeder, Administrator, Ramsey Clarence Ranallo, Mayor, St. Anthony--Chair Glenda Spiotta, City Administrator, Sunfish Lake Karen Anderson, Councilmember, Minnetonka Gene White, Councilmember, Prior Lake Larry Bakken, Mayor, Golden Valley Janel Bush, Federal Liaison, Minneapolis Revenue Sources Dave Childs, City Manager, Minnetonka Stan T. Christ, Mayor, Mankato Karen Anderson, Councilmember, Minnetonka--Chair Steve Cramer, Councilmember, Minneapolis Lanelle Olsen, Councilmember, Northfield--Vice Chair Kevin Frazell, City Administrator, Cottage Grove Duke Addicks, State Legislative Liaison, Minneapolis Tom Hansen, Asst. to Manager, Burnsville Les Anderson, Finance Director, Burnsville Sue Hess, Councilmember, St. Cloud Ronald L. Anderson, Mayor, Blooming Prairie James Hurm, Administrator, Shorewood James W. Antonen, City Manager, Moorhead Gail Lippert, Admr/Clerk/Treasurer, Greenfield William Bassett, City Manager, Mankato Mille MacLeod, Councilmember, Moorhead Douglas Bunkers, City Administrator, Luverne Elizabeth Martinson, Councilmember, Cook Edward Burrell, Finance Director, Roseville Bruce Nawrocki, Council President, Columbia Heights Paul Ciernia, Councilmember, Falcon Heights Lanelle Olsen, Councilmember, Northfield Hank Duitsman, Mayor, Elk River Doug Pearson, Councilmember, Brooklyn Park Terry Dussault, Asst. to City Manger, Blaine Steven Perkins, Council Administrator, Red Wing Dan Elwood, Administrator, Spring Valley Neil Peterson, Mayor, Bloomington Dan Faust, Finance Director, Maplewood Yvonne Prettner, Councilmember, Duluth Kathleen Gaylord, Mayor, South St. Paul David E. Runkel, Councilmember, Harmony Alvin J. Gruis, Councilmember, Rushmore Tony Scallon, Councilmember, Minneapolis Francis D. Hagen, Manager, Robbinsdale Peter Stolley, City Administrator, Northfield Peter Hames, Finance Director, Brooklyn Park Terence Stone, Mayor, Madelia Lyle Hanks, Mayor, St. Louis Park John Young, Jr., Councilmember, Hawley Joel Hanson, Administrator, Little Canada 2 League of Minnesota Cities General Policy Statement One of the most important purposes of the League of Minnesota Cities is to serve as a vehicle for cities to define common problems and develop policies and proposals to solve those problems. The League of Minnesota Cities represents 805 of Minnesota's 855 cities as well as 10 urban towns and 20 special districts. All sizes of communities are represented among the League's members (the largest non-member city has a population of 225) and each region of the state is represented. The policies that follow are directed at specific city issues. Two principles guide the development of all League policies: 1. Minnesota cities' need for a governmental system which allows flexibility and authority for cities to meet challenges for governing our cities and providing our citizens with services while at the same time protecting cities from unfunded or underfunded mandates, liability or other financial risk, and restrictions on local control; and 2. That the financial and technical requirements for governing and providing services necessitate a continuing and strengthened partnership with federal, state, and local governments. This partnership particularly in the areas of finance, development, housing, environment, and transportation is critical for the successful operation of Minnesota's cities and the well-being of city residents. PRIORITY SETTING "A" priority indicates a major issue area to which the League would devote a large amount of time and resources, working actively with legislators and other groups to seek new laws or regulations, and when appropriate introduce legislation. "B" priority indicates issue areas that are important to cities but on which the League would probably spend less time unless the legislature or other groups mount a major effort to which the League would respond. "C" priority indicates issue areas to which the League would respond only when other groups raise the issue and to which the League would not commit a significant amount of staff time. 1994 City Policies and Priorities 3 CONTENTS Legislative Policy Committee Members 1 General Policy Statement 3 Mandates Policy 6 DEVELOPMENT STRATEGIES DS-1. Tax Increment Financing A* 7 DS-2. Job Creation Through Manufacturing Districts A 7 DS-3. Development of Polluted Property B 8 DS-4. Abatement Authority B 8 DS-5. Housing B 9 DS-6. State and Local Development B 10 DS-7. Economic Development Authorities B 1 I DS-8. Small Cities Community Development Block Grant Programs B 11 DS-9. Building Permit Surcharge Fees C 12 DS-10. Development Financing C 12 DS-11 Municipal Service Districts C 12 DS-12. Tax-Exempt Status of Land Cities Hold for Development C 13 ELECTIONS AND ETHICS EE-1. Absentee Voting A 14 EE-2. Consolidating Local Elections A 15 EE-3. Recording Votes for Write-In Candidates B 15 EE-4. Retaining Local Authority to Govern B 15 EE-5. Structure of City Government B 16 EE-6. Reimbursement for State Elections B 16 EE-7. Term Limits B 17 EE-8. All Mail-in Ballot Elections C 17 EE-9. Lobbyist Reporting Requirements C 18 EE-10. Precinct Boundaries C 18 EE-11. Presidential Primary C 18 EE-12. Voter Fraud C 19 GENERAL LEGISLATION AND PERSONNEL GLP-1. Minnesota Public Employment Labor Relations Act (PELRA) A* 20 GLP-2. Open Meetings and Data Practices A* 20 GLP-3. Utility Service Territories A 21 GLP-4. Comparable Worth B 22 GLP-5. Employee Training and Education Requirements B 23 GLP-6. Employee Wages and Benefits B 23 GLP-7. Local Police and Paid Fire Relief Associations B 24 GLP-8. Public Employees Retirement Association (PERA) Benefits Financing, and Administration B 24 GLP-9. Tort Liability and Insurance B 24 GLP-I0. Veteran's Preference B 25 GLP-1 I. Volunteer Firefighters' Pensions B 26 GLP-12. Liquor Issues C 26 GLP-13. Prevailing Wage C 27 "'1 GLP-14. Recovery of State Program Administration Costs C 27 4 League of Minnesota Cities LAND USE, ENERGY, ENVIRONMENT, AND TRANSPORTATION LUEET-1. Annexation A* 28 LUEET-2. Intergovernmental and Jurisdictional Governance A 28 `..- LUEET-3. Solid and Hazardous Waste Management A* 30 LU EET-4. Transportation Systems Funding A* 31 LUEET-5. Transportation Utility Fee A 32 LUEET-6. Bridge Funding B 33 LUEET-7. Municipal State Aid System B 33 LUEET-8. Railroad Right-of-Way Preservation B 33 LUEET-9. Transportation Services Fund B 34 LUEET-10. Wastewater Treatment B 34 LUEET-11. Water Conservation and Preservation B 35 LUEET-12. Wetlands Conservation B 36 LUEET-13. Zoning, Subdivision, and Planning Statutes B 36 LUEET-14. Energy Conservation C 37 LUEET-15. Environmental Trust Fund C 38 REVENUE SOURCES RS-1. State Aid to Cities A* 40 RS-2. Local Government Trust Fund A* 40 RS-3. Property Tax Reform B 41 RS-4. State Unallotment Authority B 41 RS-5. Property Tax Administration B 42 RS-6. Service Duplication Taxation Exclusion B 43 RS-7. City Fund Balances B 43 RS-8. City Financial Reporting Requirements B 44 RS-9. Cooperation, Collaboration, and Consolidation B 44 `..- RS-10. Service Fees for Government-Owned Property B 45 RS-11. State Administrative Costs C 45 RS-12. Taxation Hearing and Notification Law C 45 RS-13. Local Property Tax Authority C 46 RS-14. Referendum Levies C 46 RS-15. License Fees C i 47 A* policies have been selected by the Legislative Committee as the highest priority issues for the 1994 legislative session. 1994 City Policies and Priorities 5 MANDATES The League opposes any additional unfunded One of the most serious problems facing cities state mandates and urges all branches of the is the growth in the number and cost of federal and state governments to adopt a federal and state-mandated programs which policy which promotes accountability at all substitute the judgments of Congress and the levels of government by directly linking the Legislature for local budget priorities. These funding responsibility for programs with the mandates interfere with local decisions level of government creating the program. regarding city services and force cities to reduce funding for other basic services or to If this principle of accountability can not be raise taxes. Federal and state policy makers adhered to, the state and federal governments must resist imposing mandates that direct should provide stable revenue sources to cities to allocate scarce resources without compensate for the costs of mandates and regard for local needs and piorities. help reduce local compliance costs by giving cities greater flexibility in meeting new and The League, therefore, supports legislation existing mandates. In cases where the state which allows noncompliance with new and federal government do not provide unfunded mandates. The League recommends necessary funding, the League supports that only under specific conditions should this legislation which would allow local noncompliance option not be available. governments to not comply with mandates that are not funded. The League also believes that a statement of compelling statewide interest and need for a The League also urges the Legislature and new mandate should be required both for new Congresss to review, repeal, or revise current laws and for state agency rules. mandates. The Legislature and Governor should also encourage the newly-created Examples of costly mandates include: Board of Government Innovation and comparable worth, binding arbitration, Cooperation to fulfill its responsibility to prevailing wage, veteran's preference, election review mandates for elimination by the requirements, payment of state sales tax, and Legislature. federal regulations on wastewater treatment, drinking water, and stormwater management. 6 League of Minnesota Cities DEVELOPMENT STRATEGIES DS-1. Tax Increment Financing (A) problems and costs of polluted property, the League supports additional funding from the The League supports changes to the tax current contamination tax and the creation of increment financing (TIF) laws that will alternative financing methods to adequately make this economic development, fund the statewide clean-up grant program. redevelopment, and housing tool more The new restrictions on the qualifications for usable, including general authority for tourism districts made during the 1993 session pollution districts and elimination of the city should be repealed. The new restrictions aid penalty for certain districts. The League unfairly limit the promotion of tourism to urges the Legislature to repeal the aid areas with low-income standards, but which penalty, improve the financing mechanisms already have a strong base of tourism for pollution clean-up, and return to a more facilities. flexible definition of qualified tourism development. The League acknowledges that limited use of tax abatements, in coordination with county Over the past several years, TIF authority has officials, offers a new mechanism to address been seriously limited, and, as a result, the problems which do not require the corrective ability of cities to engage in needed actions of a tax increment district. development and redevelopment has been Abatements, however, are not designed to sharply reduced. The state needs to handle costly redevelopment or pollution acknowledge that cities are the primary clean-up, and cannot serve as an adequate governmental unit responsible for economic replacement for TIF. development to create jobs and help stabilize the state's economy, redevelop blight and DS-2. Job Creation Through decay, develop affordable rental and owner- Manufacturing Districts (A) occupied housing, and clean up pollution within cities. TIF has proven to be the most The state needs to acknowledge that cities are effective tool for cities in fulfilling these needs the primary government unit responsible for and the current restrictions need to be assisting in the creation of jobs and removed to allow these efforts. stabilizing the economic condition of the state. Cities should be given the necessary The Local Government Aid/Homestead and tools to help businesses create stable jobs Agricultural Credit Aid penalty (LGA/HACA) with wages and benefits to support families. should not apply to TIF districts. If the The primary factor of the state's effort Legislature is not willing to remove it, cities should be authority for an effective, workable should not be restricted in their means of manufacturing tax increment financing paying for the penalty. The general fund of a district. city should not be responsible for this penalty, and the Legislature should remove the The League believes that the state needs to prohibition on developer payment of the make a concerted effort to provide cities with penalty. the necessary tools to create a stable market of well-paying jobs for the residents of the state. Although the clean-up program created by the Authority for a manufacturing tax increment 1993 Legislature began to address the 1994 City Policies and Priorities 7 financing (TIF) district would allow cities increment law have made hazardous substance such a tool. This TIF district should be used subdistricts useless in providing assistance to target the creation of new jobs or retention with clean-up costs, and Superfund dollars are of existing jobs. In particular, small cities not sufficient to address this need. Polluted across the state are desperate for a workable sites will continue to have a blighting form of TIF so that they may remain viable influence on our communities and pose a communities, retain existing jobs, and offer potential health threat to our state's citizens employment opportunities to their residents unless this problem is addressed. and to the surrounding areas. The 1993 tax law made a step toward Unless these districts are exempt from the aid developing a pollution clean-up program and penalty, increments will not be adequate to acknowledged that tax increment financing create necessary jobs. To qualify, (TIF) is an appropriate tool to provide a manufacturing districts should be able to meet portion of the funding. The League, however, the criteria for either an economic opposes the Legislature's decision that cities development, renewal, redevelopment, or must use general taxes and fees from their city pollution district. residents to provide a portion of the clean-up funding to be eligible for contamination grants In addition, these districts would be more and use of TIF authority. Cities should have economically viable with modifications to the the right to clean-up polluted private property existing 'HF laws limiting pooling and the without penalizing all city taxpayers. "five-year rule" for activity in the project. Another issue which hampers the development DS-3. Development of Polluted of polluted property is the inability of the Property (B) Minnesota Pollution Control Agency (MPCA) to meet necessary timelines for issuing "no The League supports the efforts taken by the action letters." In collaboration with city 1993 Legislature to develop a statewide clean- officials, the MPCA should immediately up program for polluted property. Adequate develop reasonable response timelines to funding for contamination across the state improve their ability to facilitate clean-up of will not be generated by the contamination polluted properties. Development tax and further efforts should be made to opportunities can be lost because of such dedicate another revenue source. In delays. In addition, while "no action letters" addition, the League opposes the requirement are readily available for public entities, they that local property tax revenues be required are not available to the private sector. In to obtain funding for pollution clean-up. addition, some certainty concerning "closure" is needed after a property has been cleaned up Across the state, Minnesota cities face according to directions by the MPCA. tremendous obstacles to the development of polluted properties. The Legislature has taken DS-4. Abatement Authority (B) encouraging action to address the liability exposure for development of polluted The League supports the creation of property. The extensive costs of clean-up still programs of tax and value abatements as present an obstacle to development of polluted additional tools to help cities promote land. Clean-up costs often exceed the value of economic development, redevelopment, and the land so there is no incentive for private housing. sector intervention. Public sector subsidies -1 are therefore critical. Changes to the tax The League supports legislation to authorize 8 League of Minnesota Cities cities to either abate property value or property owner should be considered for an property taxes. These tools, in addition to tax abatement. increment financing, are needed for cities across the state to target assistance to smaller- B. Property value abatements should be scale, main street businesses, and blighted authorized for targeted redevelopment. Cities neighborhoods and to offer opportunities to should also be encouraged to establish stimulate the creation of jobs. "preservation and rehabilitation zones" that encompass a number of properties which are Only efforts to preserve tax base, promote job blighted and where valuation assessments are creation or retention, provide low- or unrealistically high. Such zones could be moderate-income housing, or redevelop created where specific standards exist, such as blighted areas should be eligible for areas where the occupancy rate is high, abatements. Criteria would be developed to property values are declining, and household guarantee that these tools would ensure incomes are low. This tool would be targeted accountability by both the local governments to residential and employment/manufacturing and the property owners. property. Programs such as the homestead credit, "this County and school district boards should have old house," the abatement authority for the opportunity to review and comment on enterprise zones, and the new contamination creation of "preservation and rehabilitation tax for pollution clean-up have all set the zones." Cities would be authorized to precedent for a coordinated system of value administer the program and grant abatements and tax abatements. to participating properties within the zone. In these zones, abatements of all or a portion of Abatements of up to 15 years would provide the existing property value should be allowed. the necessary timeframe to encourage meaningful efforts by property owners or their DS-5. Housing (B) city. Periodic review of the effectiveness of an activity, rather than review of the The League urges the Legislature to continue abatement authority, could be valuable. support for measures which enable cities to preserve affordable housing stock and to Two types of abatements would facilitate finance new construction of single and redevelopment and job creation: multi family housing that meets local needs. The League recommends the following A. Property tax abatements should be specific actions. available for all types of property to abate the taxes that are caused by increases in value A. The state aid penalties should be repealed which are due to improvements that are made for owner-occupied, low- and moderate- to the property. Currently, property owners income tax increment financing (TIF) are discouraged from making substantial housing districts. The League supports the improvements to their property because of the decision by the 1993 Legislature to repeal the offsetting penalty of increased taxes. If a city aid penalty for TIF rental housing and urges were able to abate the total amount of these them to extend this provision to owner- increased taxes, funds would be available to occupied, low- and moderate-income housing. the property owners to assist in the financing The tax increments available from low- and of the project. Only the tax increases which moderate-income housing projects and result from improvements that are part of a scattered site projects are frequently too low development agreement between city and the to create viable projects, and the needs for 1994 City Policies and Priorities 9 such housing are not being fully met. The be granted to first class cities. Cities and city aid penalty adopted in 1990 makes this their development organizations follow situation worse, and it should be repealed. extensive due process procedures, and are —, The prohibition on developer payment of the required to provide relocation benefits and aid penalty is likely to dramatically reduce the assistance. Measures that also require cities viability of constructing owner-occupied to replace low-income housing on a housing through TIF. one-for-one basis are unreasonably hindering public improvements and efforts to improve B. The share of market value in the TIF the local economy and standard of living. The housing project that can be used for purposes state's compliance requirements which apply other than low- and moderate-income to Duluth, Minneapolis, and St. Paul should housing should be increased from 20 percent be changed to match the federal relocation to 35 percent. The opportunity for a project guidelines. to include a greater share of higher-income housing units, retail/commercial, or other DS-6. State and Local Development properties in a TIF housing district can Policy (B) frequently make possible the construction of low- and moderate-income housing which The League urges the Legislature to create a would otherwise not occur. state development policy that specifies the state's goals and work plan for economic C. The differences in property tax class rates development and redevelopment, between owner-occupied property and rental acknowledges that cities are the primary property should be reduced. The first agents to facilitate and coordinate $72,000 of homestead property has a class development, and authorizes the appropriate rate of 1.0 percent of market value, compared tools and revenue sources in a timely manner -�_ to 2.3 percent of market value (one-three for cities to achieve those goals. Upcoming units), and 3.4 percent for rental housing with updates to the state's economic blueprint four or more units. These large class rate should identify the value of cities' role in differences discourage the construction and Minnesota's development and redevelopment. ownership of multifamily rental housing, as well as the availability and upkeep of Many communities throughout the state are single-family housing on a rental basis. threatened by physical deterioration and a lack of economic opportunity. As neighborhoods Property tax relief that is provided for deteriorate, so does a city's ability to combat low-income rental housing should, however, _ the problems of crime, homelessness, and be tied to agreements by developers and unemployment that so often accompany property owners. Some form of guarantee community decay. As tax bases dwindle, a should ensure that such tax relief helps city's ability to generate dollars to rehabilitate maintain affordable rates to assure long-term distressed areas decreases. Revitalization of availability of such units. Minnesota's cities is necessary for continued efficient use of existing local and state D. The procedure for allocating low-income investments in infrastructure. housing tax credits enacted by the 1990 Legislature should be continued. Across the state, economic development programs and expenditures are occurring E. The housing impact and replacement without established policies and goals. mandates should not be tightened or extended Although cities support the Department of to all cities, and increased flexibility should Trade and Economic Development's creation 10 League of Minnesota Cities of an "Economic Blueprint for Minnesota," League believes that the state should continue the blueprint provides no recognition of the to recognize the importance of using and primary role cities play in improving the preserving the existing infrastructure that economic health of the state and promoting exists within cities, and continue to find that N.— development and redevelopment. The urban development, and all related authority, Legislature should also acknowledge this role. should remain within cities, managed by city governments. The League continues to support state policies which acknowledge the partnership between B. The League supports legislation which the state, cities, and community residents, and would provide city economic development to allocate the necessary resources and authorities (EDA) the same power and revenue options to cities. Cities urge approval authority as those given to port authorities. of new workable state enterprise zone or manufacturing job opportunity zone incentive The League urges the Legislature to authorize programs. all cities to designate development areas anywhere within their jurisdiction, or to The League also encourages the Legislature to designate area development authorities when enact a new version of the Urban they enter into joint powers agreements with Revitalization Action Program (URAP) to other cities. Present law restricts development address specific characteristics and areas, qualifications, and authority for EDAs. demographics which contribute to bligit and In addition, EDAs should be allowed to issue decay in the central cities, subprb4n cities, general obligation bonds for project activities regional outstate centers, and small clues. without a referendum. DS-7. Economic Development DS-8. Small Cities Community L..- Authorities (B) Development Block Grant Programs (B) A. The League supports the s ;s current I policy of limiting the specific authority and The League supports state administration of I powers of economic development authorities the small cities portion of the Community (EDA) to city governments. Development Block Grant (CDBG) program. i, The League also supports the continuation of The limited economic development tools the set-aside of federal funds for economic available in the state are vital to assist in the development grants and augmented state creation of jobs and industry across the state, appropriations to supplement the federal and are concentrated in urbanized funds set aside. governments. The League believes that the Legislature should continue its decision to The small cities CDBG program should limit EDA authority to cities as the primary continue as a source of funding which local government responsible f r the encourages cities to develop viable organizational and fmancial coordination of communities by providing decent housing and development and redevelopment. suitable living environments and expanding economic opportunities, principally for low- The state has already determined that city and moderate-income people. The state government most efficiently provides should maintain the CDBG program balance governmental services in areas intensively between cities' economic development needs developed for residential, commercial, and the needs of low- and moderate-income industrial, and governmental purposes. The people and let cities retain maximum 1994 City Policies and Priorities 11 flexibility in determining how to carry out prevent economic deterioration, to attract new CDBG program objectives. businesses and jobs, to retain existing businesses and jobs, and to maintain and The League recommends an expanded strengthen the local tax base. program, including a formula for matching, which requires state funds to be used to match Federal tax legislation has substantially local funds. The program should be designed changed the applicability of tax-exempt to encourage cities to recycle state funds and development financing. As a result, the the local match, and to leverage public funds League recommends the following principles: and to fill in financing gaps. These funds should not be used to provide financial • Municipal retention of a maximum of incentives to new start-up or relocating Minnesota tax-exempt development businesses within the state. allocation authority; DS-9. Building Permit Surcharge • Maintenance of local discretion and Fees (C) flexibility in development decisions; and The Legislature should reinstate the law that • Minimizing state control of local returns the amount of locally generated development decisions. building permit surcharge fees that exceed the costs of the state building code division to The League also asks that the governor and local units of government. the Legislature continue to involve the League in developing a method of allocating the Local units of government levy a one-half authority to issue tax-exempt bonds. percent surcharge on building permits to fund the operation of the State Building Codes and DS-11. Municipal Service Districts Standards Division. Until the 1991 (C) Legislature changed the law at the request of the governor, any excess fees over actual The League supports general legislation operating costs were proportionately rebated to which allows all cities to create municipal local units to help pay for training and service districts. Cities should have authority continuing education costs for building to finance the types of improvements listed in officials who enforce the state's building Minn. Stat. 429.021 (relating to the code. Local units of government are facing construction, replacement, and maintenance tough financial times and local officials need of such things as streets, sidewalks, gutters, these revenues in order to fund the training of storm and sanitary sewers, waterworks local officials to enforce the state-mandated systems, street lights and public lights, and building code. public malls, parks, or courtyards) without having to obtain specific authorizing DS-10. Development Financing (C) legislation. Current law has the necessary safeguards to ensure local participation and The League supports the continued use of support from affected taxpayers. Both industrial development bonds (IDBs) and service charges and ad valorem property other tax-exempt instruments as development taxes should be available to finance services tools. or capital improvements in the district. Tax-exempt financing allows cities to Court decisions concerning special undertake a diverse range of activities to assessments have made it even more difficult 12 League of Minnesota Cities for cities to use special assessments to finance the provisions which penalize partial public services and improvements. The improvements or leases to the private sector. Minnesota Supreme Court has interpreted the Minnesota Constitution to require not only that Until recently, almost all property a political a special assessment project "specially subdivision owned was granted tax-exempt benefit" affected parcels or property, but also status. Now, tax exempt status is allowed only that the city be able to prove that the market for a period of eight years in most situations, value of a property will increase in direct or for an unlimited period of years if the relation to the amount of the special property is held for housing programs or is assessment applied to that property. classified as "blighted land" under state law. This interpretation has made it more difficult The policy is intended to create an incentive to assess all (or even part) of a capital for political subdivisions to engage in improvement project to repair or replace, as economic development activities, as well as to opposed to newly built improvements. In promote returning property to the tax rolls. addition, cities' abilities to finance annual Unfortunately, it does not fully recognize that operating and maintenance costs of some industrial development, housing construction, services to property through the use of special or rehabilitation efforts may extend over a service charges is unclear under current law. long period of time. The only current financing alternative to special assessments or services charges, the Provisions penalizing improvements and general property tax, is not appropriate to provisions affecting leasing of the property finance some capital or operating expenses. discourage cities from being active in establishing and maintaining local development DS-12. Tax-Exempt Status of Land corporations, controlling their economic Cities Hold for Development (C) development and planning processes, and '�- being selective about the type of development The League supports granting unlimited which occurs in the city. The state needs to tax-exempt status to property cities hold for understand that cities have every incentive, later resale to promote economic development and make concerted efforts, to get property including removing the time limitation and back on the tax rolls as soon as possible. 1994 City Policies and Priorities 13 ELECTIONS AND ETHICS EE-1. Absentee Voting (A) reject completed absentee ballot envelopes during the 30-day period prior The League recommends that the following to election; changes in absentee voting be adopted to simplify the process for voters and to make it • Simplify language and streamline format easier to conduct absentee balloting. If the of voter instructions on applications and Legislature adopts nonqualification absentee ballot return envelopes; voting, LMC urges the following reforms be made in implementing that form of voting: • Make the cut off for voter registration the same as for absentee voting if • Authorize local election officials to adopting nonqualification absentee provide an absentee application form to voting; and any person on request; • Reimburse local jurisdictions for the • Require individuals returning five or more added cost of conducting nonqualification absentee ballot applications to do so within absentee voting. five days of the date they were signed; While the League supports elimination of the • Establish a maximum fine of not more witness requirement for absentee voting, than $700 for tampering with or otherwise legislators should approach with caution the interfering with absentee balloting; use of date of birth as a means of identifying applications and returned ballots. • Allow use of facsimile to transmit completed absentee ballots only on the The Legislature should also recognize that final three absentee voting days before the making additional changes in absentee election election; requirements for local government will increase local administrative costs, and these • Provide facsimile absentee ballots for costs should be evaluated. hospitalized eligible voters the night before the election; The Secretary of State should organize a task force comprised of local election officials; • Allow agent delivery of absentee ballots to representatives of voter rights, minority, civic, and from the voter in the hospital and public interest organizations, and including election day up to 5 p.m.; legislators to examine issues such as ballot secrecy; voter identification; use of absentee • Eliminate the evening hours for absentee ballots by political campaigns; alternative voting at city hall on the Monday before procedures for receiving, securing, and election day; counting ballots; and the impact on voter participation (including increased incidence of • Maintain the privacy of the identity voters requesting to vote at the polls after (names/addresses/phone numbers) of having voted by absentee prior to election voters who have applied for and returned day). absentee ballots until after the polls close; New statutes making it possible for voters to • Allow local election officials to accept and use absentee ballots rather than to vote at the 14 League of Minnesota Cities polls need to be evaluated over the next two Cities must retain authority to schedule special years to determine whether such measures elections on ballot questions, bond referenda, have helped increase voter participation. and home rule charter amendments and to till vacancies in city elective offices. �... EE-2. Consolidating Local Elections A) The Legislature should consult cities when considering requirements to alter school The League supports measures designed to district boundaries. At a minimum, school help increase voters' awareness and districts should designate official boundaries participation in local elections, including the along recognizable, physical features. scheduling of elections in September and November. The Legislature should uphold In growing communities, new school district current city authority to establish the date of lines should be accomplished, wherever local regular and special elections and to possible, only in relation to corporate city refrain from restricting home rule charter boundaries. In any case, attempts to adjust authority to provide for the conduct of local school district lines must be done in elections. cooperation with local cities affected by such changes. Legislative proposals to consolidate all local elections on a single date and year raise EE-3. Recording Votes for Write-In serious concerns. Problems associated with Candidates (B) overlapping election districts, multiple election issues, voter confusion, ballot secrecy, and the The League urges the Legislature to require need to establish cost-sharing responsibilities write-in candidate to file a notice of intent must be addressed before such a plan would prior to election in order for write-in tallies sufficiently benefit voters. to be completed. The League seeks to maintain city authority to The Legislature should authorize cities over conduct local elections, particularly when 2,500 population not to list the name of a other local units of government also conduct candidate who does not file a notice of intent elections on the same date as regular city to be a write-in candidate prior to the election. elections. While the League supports measures These individuals should be required to file to encourage greater voter participation and notice of intent by 12 noon the day before the strengthen voter confidence in the election election. In smaller cities where local process, continued legislative interest in residents traditionally run as write-in limiting the number of local elections must be candidates, election officials should continue tempered with a realistic concern for to count votes cast for write-in candidates who difficulties presented as well as for added city receive at least 10 percent of total votes cast expense of conducting multiple jurisdictional in that election. elections on the same day. EE-4. Retaining Local Authority to City officials support measures to reduce the Govern (B) conflict between incongruent school and city election districts and the corporate city limits The League supports city authority to fill and precinct lines. Lack of conformity of vacancies in elective offices by appointment school district boundaries with those of cities and to exercise home rule charter authority is a serious deficiency in conducting combined to conduct local elections. local elections. 1994 City Policies and Priorities 15 Legislation to prohibit cities from filling elections as an option for organizing local vacancies in local elective offices is representation. The League also supports ill-advised, costly, and creates obstacles to city authority to determine local government local self-governance. Further, the League structure, including the form and method of opposes to measures that would pre-empt election of city offices. home rule charter authority for conducting local elections. Local home rule charter authority to determine the manner by which candidates may be Such restrictions undermine cities' authority nominated, the form of the ballot and other to conduct regular governmental activities and matters related to conducting local elections, to carry out statutory responsibilities. and the manner of removal from office should Vacancies in the offices of mayor, city be upheld as long as provisions are in keeping council, and/or elected city clerk must be with state charter authority. filled promptly to assure that a quorum is maintained to permit the city to conduct The statutory city code permits cities to select official business. one of several methods of organizing and allows voters to request or the council to make There are more than 130 standard plan cities changes. If a statutory city encounters in which the position of city clerk is elective. problems that cannot be solved locally, It would be irresponsible and unworkable to officials can request the Legislature to adopt require such cities to wait until the date of the special authority or determine to adopt a home next regular city election to fill vacancies in rule form of government. that office. In addition, for the nearly 700 cities that hold regular city elections in When voters in a home rule charter city have November of even-numbered years, such a authority to determine the form of government requirement could force the city to hold an at the local level, the Legislature should not extra election in the odd-numbered year, pre-empt the capacity to make such decisions thereby substantially increasing local election at the local level. costs. EE-6. Reimbursement for State Statutory cities have authority to hold special Elections (B) elections to fill vacancies for the portion of the term remaining, which allows the rest of The League urges the Legislature to fund the the term to be carried out until the next full cost of conducting state primary, special, regular city election. If the vacancy occurs and general elections at the local level. during the first two years of a four-year term, the appointee serves until the next city election The legislative reimbursement of expenses when a special election is held to fill the associated with conducting the 1992 remaining two years of a term, the appointee presidential primary demonstrates that cities serves for the remainder of the term. can easily document and account for such costs to the state. It is no longer adequate for EE-5. Structure of City Government the Legislature to provide only a minor (B) portion of the funds to cover the actual cost of administering such elections. The League supports city authority to adopt a single-member ward system for city council It is reasonable for the state to pay a portion 16 League of Minnesota Cities of the costs associated with state election Though the League opposes any additional contests held in conjunction with local term limitations, if the Legislature decides in elections. favor of proposing a constitutional amendment, only state elective offices should Such costs also include expenses incurred for be proposed to be limited, or at least there printing and supplying of posters, manuals, should be separate ballot questions for state advertising, legal publications, and any other and local offices. materials associated with conducting state elections. EE-8. All Mail-In Ballot Elections (C1) EE-7. Term Limits (B) The League recognizes mail-in balloting as a The League strongly opposes legislation alternative method of election. The advocating adoption of a state constitutional Legislature should carefully evaluate all amendment limiting consecutive terms for procedures and state requirements for elected city officeholders. conducting this method of election to alleviate difficulties with conducting elections The state constitution defines eligibility for by mail. election to office and guarantees the rights of voters to determine which candidates will The League also maintains that it is not serve in those positions. Weakening of these necessary for the county auditor to approve important democratic principles is not justified the city's decision to conduct a local election by current dissatisfaction with some incumbent by mail, when the county is not conducting officeholders or with the lack of turn-over in other elections on the same date. certain elective offices. The Legislature should direct the Secretary of The constitutional guarantee of "universal State to organize a special task force eligibility" to serve in elective office at the comprised of election administrators, local state and local level should not be restricted. officials, citizens, representatives of public interest organizations, and lawmakers to It is not necessary or prudent for uniform term examine current rules and procedures for limits to be imposed at the local level. City conducting elections by mail. Task force elected officials are not generally viewed as recommendations should propose changes full-time political officeholders and are rarely needed in state rules and procedures to make compensated at levels comparable to those it possible for cities to administer such serving in higher office. Many cities struggle elections efficiently while protecting the to encourage citizens to seek office because of security of returned ballots and assuring voter the difficult and time-consuming nature of the confidence in the election process. work which mayors and city councils must perform. Adoption of legislation proposing Conducting elections by mail does not reduce term limits for such offices would further local costs to taxpayers when cities are discourage those who may be the very required to spend more for postage, printing, officeholders whose dedicated service and personnel, and election judge compensation to willingness to serve are vital to the interests of carry out requirements for administering this voters and effective local government. form of election. 1994 City Policies and Priorities 17 EE-9. Lobbyist Reporting geographic factors that impact voters and Requirements (C) representation at the local level. Neighborhoods are particularly important in The League urges the Legislature to simplify the building of community and participation in lobbyist reporting requirements for cities and government. The Legislature should not clarify that reporting of city expenses not interfere with or weaken city authority to directly related to lobbying activities is not determine how such political and election required. boundaries should be established. The League also urges elimination of In 1992, inconsistency in designating physical requirements for cities to submit separate features for census block units resulted in annual reports to both the State Auditor and difficulty at the local level in conforming new the State Ethical Practices Board. precinct and/or ward boundaries to such federal population units. In some Since the Legislature has enacted circumstances, cities were precluded from comprehensive lobbying reporting changing local election boundaries to requirements for lobbyists and local units of correspond to census blocks since state law government, it is clearly unnecessary to retain requires that precinct and ward boundaries this additional report. Current lobbyist follow physical, definable features. reporting and registration requirements took effect in 1991. It is, therefore, reasonable for Recent interest in authorizing cities to set the Legislature to eliminate the additional precinct boundaries along census blocks lines reporting of estimated lobbying expenditures presents opportunities for some cities, but it is to the State Auditor, which was instituted in also important for changes to be made in the 1989. method of designating official census block units to assure that in the future, features such EE-10. Precinct Boundaries (C) as streets, shorelines, railroad rights-of-way, or other boundaries and lines clearly visible The League urges the Legislature to support from the ground are used to establish units changes in the design of the national census within which population counts will be taken. in 2000 to require that the U.S. Census Bureau follow election precinct boundaries or Such changes in the method of assigning clearly recognizable physical features to census blocks will also facilitate the ability to establish census blocks and tracts. assign geographic information to voter registration information and make it possible Cities in rural areas and cities with extensive to reassign election district and polling place areas of undeveloped land have additional identification automatically by computer when concerns. In such circumstances it is redistricting has been accomplished. important for census blocks to be split along physical features or precinct boundaries in EE-11. Presidential Primary (C) order to make it less difficult for cities to redraw precinct and ward boundaries when The League urges the Legislature to assure implementing local redistricting plans. full reimbursement of the local costs of conducting future presidential primaries. Cities must continue to have full authority to determine precinct and ward boundaries which The League supports cost-saving measures for reflect neighborhood, community, and conducting the primary at the local level, and urges the Legislature to modify state election 18 League of Minnesota Cities law to change methods of conducting the Unless the Legislature provides funds from presidential primary, including: state revenue sources to cover these costs, the League urges repeal of the law establishing • Place all political party presidential the presidential primary. candidates on a single ballot; • Do not rotate candidate names; EE-12. Voter Fraud (C) • Consolidate precinct polling place locations; The League urges the Legislature to make it • Reduce hours of polling; and more likely that violators of voter registration • Pay costs of local publication of the and election laws will be prosecuted and sample ballot. recommends the following: State revenues should be used to pay for local • Make those who fraudulently vouch for government expenses, including: persons registering at the polls subject to the same penalties that apply to those • Preparation of ballots and election found guilty of fraudulent voter equipment; registration; • Supplies and personnel (including election judge compensation and election • Establish a maximum fine of up to $500 administrative and technical staff pay), for tampering or otherwise interfering including overtime; with absentee balloting; • Advertising, newspaper notices, and postage; • Modify penalties for violation of state • Polling place rentals and transportation voter registration requirements to related to election activities; and increase the likelihood of prosecution of • Costs for maintenance of political party offenders, particularly for violations of preference identification on voter records election day registration provisions; and and updating of the voter file. • Make clear that prosecution will result if candidates interfere with voters on election day. 1994 City Policies and Priorities 19 GENERAL LEGISLATION AND PERSONNEL GLP 1. Minnesota Public also result in a lessening job ofb opportunities, pportunities, Employment Labor Relations Act particularly for students and the (PELRA) (A) disadvantaged. Additionally, many employees who view their work as temporary or A. The League supports legislation which transitory in nature, have been asked to pay modifies the existing interest arbitration their fair share of union dues, even though process to require arbitrators to give primary they receive no benefit from union consideration to internal equity comparisons membership. Recent legislative interest in and the impact that any arbitration award cost-saving initiatives at the local level could bmight have on the personnel compensation substantially promoted by a statutory systems of the city involved in the arbitration. amendment to enable local governments to Further, the League opposes considering any effectively use seasonal employees. additional employee groups as essential employees. GLP 2. Open Meetings and Data Practices (A) City and other governmental experience with the arbitration process has shown that The League supports legislation clarifying the arbitrated awards generally exceed negotiated open meeting law and the data practices act settlements. Unlike the state, local to make local government compliance easier governments do not have the authority to and less costly. reject these arbitrated awards. The Legislature should re-examine binding The Legislature needs to continually arbitration as a means of determining pay and reexamine the open meeting law and the data benefit issues. The goal of any modification practices act. The intent of the open meeting to the process should be to ensure that law is to ensure, within practical limits, the arbitrations do not interfere with other state access of people to the actions and motivations programs such as pay equity. There should of government. The data practices act is not be any additional employee groups placed intended to ensure, within practical limits, the in the category of "essential employees." privacy of people who willingly or unwillingly become involved with their government. Both B. The League recommends that the laws are difficult to follow individually, and Legislature reinstate the previous definition when private or other classified information of employees covered by PELRA to people must be discussed by a public body subject to employed for more than 100 working days in the open meeting law, as inevitably it must in a calendar year. many situations, the government is forced to attempt to meet two conflicting statutes. The 1983 Legislature reduced the time period that part-time employees must be employed The Legislature has attempted to identify before they are considered employees covered problem areas and to provide clear rules for by PELRA. This has resulted in higher wages local governments to follow. Unfortunately, for some part-time employees, and more not all circumstances can be anticipated nor significantly, has resulted in cities hiring remaining ambiguities addressed. The fewer part-time employees. Legislative action League supports amendments addressing the --� in 1991 caused further confusion, which may following issues. 20 League of Minnesota Cities • Several city officials have incurred huge means of ensuring greater compliance personal costs defending open meeting are misplaced. City officials are making law violation allegations, because state law good faith efforts to comply with both treats the open meeting law somewhere laws. Without additional clarification, between a civil and criminal matter. At however, the Legislature must realize the very least, the legislation should that city officials owe it to their authorize local governments to reimburse constituents to limit the city's exposure their officers to the same extent as if to liability. The Legislature should focus criminal charges were brought because of on clarifying ambiguities and modifying their official actions. both laws as indicated above. Further, the Legislature should consider • Selection of city employees is complicated abandoning judicial actions with by the data practices act's classification of individual penalties as the primary means the identity of non-finalists as private. of enforcing the open meeting law. This problem could be resolved by Alternative dispute resolution allowing closed meetings of public bodies mechanisms, commissions similar to the to screen applicants until finalists are state news council, or other options chosen. This would protect the privacy should be explored. rights of individuals and yet allow the public to be involved at the most important GLP-3. Utility Service Territories stage of the process, that being the (A) selection of an employee from the group of finalists. The League supports legislation confirming the power of Minnesota cities: 1) to require • Certain meetings, such as settlement franchises of all non-municipal electric, gas, meetings involving judicial or telecommunication, steam, and hot water administrative actions, are more likely to utilities as a precondition to service within be more productive and concluded faster if municipal boundaries; and 2) if a city has or they are not subject to the open meeting starts a municipal utility, to serve all territory law. The Legislature should broaden within city boundaries upon payment of two current provisions to allow quasi-judicial times the current annual gross revenues plus officers or certain state employees to the depreciated value of physical property in authorize closed meetings of public bodies. the service territory acquired. • The current law requires reasonable efforts In order to plan in the most effective and to keep private any private data which economical way for city economic must be discussed publicly. This causes development and infrastructure needs, both practical and political problems in including those not directly related to gas and that if the public body can accomplish the electric or other services, cities need impractical task it destroys the public's substantial controls over the type, location, respect for government and if the cost, and layout of electric, gas, and other government can't successfully shield the utilities. They must also be able to cause information it is exposed to significant relocation of the same without great public legal liability. The Legislature should expense. Recent decisions of the Public repeal this requirement. Service Commission have called into question city powers to franchise in or serve new areas • Recent proposals to increase the penalty of the city. Rigid service territory boundaries section of the open meeting law as a 1994 City Policies and Priorities 21 of the city. Rigid service territory boundaries delay imposition of new statistical tests of established by the commission must be subject health insurance contributions, salary range to practical modification to best serve the differences, and exceptional service pay needs of city residents and the state as a programs until December 1994. whole. The rules address other significant issues not GLP-4. Comparable Worth (B) previously dealt with by the legislation, including the definitions of employees and The League supports efforts to eliminate any employers covered by the act. sex-based differences in compensation of public employees but asks the Legislature to For the definition of employees, the rules use revise the pay equity statute to allow local the same definition as in the public employees governments sufficient time to comply with labor relations act (PELRA). Use of this recently adopted administrative rules definition causes two significant problems. regarding compliance determinations. First, because local governments use a great Additionally, the League urges the number of part-time and seasonal employees Legislature to amend the statute to limit the in order to effectively and efficiently provide laws applicability to only full-time important services, many more jobs will have employees and to clarify that separately to be included in compensation systems than is established governmental entities must file the current practice. This requires much more separate compliance reports. administrative work in establishing job descriptions and ranking jobs which by their The local government pay equity act, first very nature are often impossible to accurately adopted in 1984, has been frequently amended describe or value. Second, because benefits, by the Legislature. Significant amendments including health insurance programs, are often were adopted in 1990, and in 1991 the limited to full-time employees, cities run the Legislature authorized the Department of risk of being found out of compliance with the Employee Relations to promulgate rules to pay equity act not because of gender-based assist the department in determining local discrimination, but rather because of valid government compliance with the statute. distinctions between full-time and part-time employment. The League proposes adopting a These rules, which include several new tests, definition of employee which would not necessitate many changes to local government include any employee working less than 20 compliance efforts, took effect almost a full hours per week on average or who is year after cities and other public employers employed in a position which is filled less were required by the statute to submit than six months in any year. compliance reports. Cities which are found out of compliance must be granted additional For the definition of employers covered by the time to comply with these new standards prior act, the problem is slightly different. The law to facing imposition of state sanctions which clearly requires all cities and other political include five percent reductions in financial subdivisions of the state to comply. The assistance and $100 per day penalties. The problem is determining who is the employing League supports legislative action to delay the agency for a particular group of employees. implementation deadline to December 1994. Historically, employees of certain enterprises such as public utilities, hospitals, nursing At the very least, the Legislature should act to homes, and libraries have been considered as separate and distinct from employees of the city. Often, the only connection is that the 22 League of Minnesota Cities city council acts somewhat pro forma to ratify opportunities for their employees. he annual budget proposed by the separate entity prior to certification of the tax levy. GLP-6. Employee Wages and Unfortunately, it is this feature of formal Benefits (B) ',....-e budget adoption on which the rules focus, regardless of separate payroll systems, The League supports legislation promoting personnel rules, salary and benefit systems, the efficient and economical provision of city etc. The League supports statutory services. State legislation routinely affects clarification that other aspects of the cities with regard to employee wages and government structure be considered when benefits, usually resulting in higher costs to making a determination of which governing city taxpayers. body is the employer of a group of employees. To be considered separately established, the Consequently, the League opposes additional governmental entities may have separate employee wage or benefit mandates for public personnel systems, separate facilities, separate employees, whether they be in the form of bookkeeping and payroll systems, and no requirements or prohibitions. interrelationships other than budget approval and/or financial assistance. In addition, these Salary freezes, health insurance requirements, existing governmental entities must be mandatory leaves, and many other personnel separately established prior to 1984. issues have been debated and acted on by the Legislature in recent sessions. The GLP 5. Employee Training and Legislature has frequently granted or Education Requirements (B) mandated additional benefits and workplace regulations applicable to public and private The League opposes any additional employers. While many of these actions have �,,,r state-imposed employee training, education, worthwhile purposes, they have a significant or certification programs, but supports the impact on local finances and on the collective availability of technical and financial bargaining process. The Legislature must assistance from the state for local or regional bear in mind that to the extent that certain training and education programs. benefits are given away unilaterally there is no need to bargain for them, thus allowing public The Legislature has recently considered employees to demand other benefits through proposals to require state certification for negotiation. Additionally, while some benefit firefighters and dispatchers, four-year college increases seem to have a minor impact when degrees for police officers, and may consider first considered, they may inflate rapidly in limiting the use of part-time peace officers. the future or combine with other provisions of There have been other related proposals, all law to cause significant expense. While it is which seem to ignore the significant impact on unrealistic perhaps for the Legislature to local recruitment and retention and cost refrain totally from mandating certain benefits, containment efforts. they should consider the ramifications of their actions and understand their substantial role in Rather than respond with additional state increasing the personnel costs of local requirements, the League supports efforts by governments. Similarly, efforts to the state to make training programs more micromanage local personnel systems or readily available for local employees as well restrain broad employment practices also often as financial assistance by the state to have severe negative consequences, and encourage local governments to provide should be avoided. \--- additional training and educational 1994 City Policies and Priorities 23 Cities, like all employers, are alarmed at the Benefits, Financing, and rapidly rising cost of health care in Administration (B) Minnesota. Further, health care availability is a critical issue in many parts of the state. The The following principles should govern any League supports efforts to ensure the changes the Legislature makes in the PERA availability of quality health care at affordable and the other statewide pension plans. costs. Employers who currently provide health care benefits for their employees, 1. There should be no reduction in the high however, should not have to pay twice. five year averaging period. Some past legislative actions have limited 2. Early retirement incentives should be cities' flexibility in selecting health care adopted only if they have positive or neutral providers. Specifically, as an element of the long-term impact on city and pension fund creation of a statewide health plan for public finances. employees the Legislature provided that exclusive representatives may unilaterally 3. Costs and saving should continue to be determine whether their employees will shared equally between employers and participate in the state plan, leaving only the employees except for public safety positions, proportion of premium paid by the public for which employers should bear no more employer subject to bargaining. The result than 60 percent of the cost. The adoption in may be additional administrative or personnel 1973 of the "high five year" benefit formula costs to the public employer. The Legislature for PERA has provided very adequate pension should eliminate the unilateral selection benefits for career city employees. Further authority it has granted exclusive shortening of the averaging period would representatives. create windfalls for some PERA members and multiply opportunities for manipulation of GLP-7. Local Police and Paid Fire service and salaries to maximize pension Relief Associations (B) benefits without proportional contributions to the fund. The League opposes multiple mechanisms for inflation adjustment. If the Legislature GLP-9. Tort Liability and Insurance determines that "escalation" (pensions (B) adjusted by the percentage increase of wages of active members) presently in effect does The League supports legislation reducing not offer adequate inflation protection, that the exposure of cities to civil lawsuits mechanism should be adjusted or abolished. without unduly restricting an injured party However, no new mechanism such as that from recovering compensation from authorized for Minneapolis police or negligent individuals. The League also firefighters in Laws 1988, Chapter 319, supports actions ensuring the availability should be authorized while "escalation" and affordability of insurance coverage for remains in effect. Additionally, the League cities. supports changes in actuarial assumptions relating to salaries and investment return to The growth of tort litigation over the past more truly reflect experiences. several years has resulted in increasing liability for governmental entities, private GLP-8. Public Employees businesses, and individual citizens. — Retirement Association (PERA) Additionally, business practices of insurance 24 League of Minnesota Cities companies have played a significant role in several liability except in limited insurance pricing. The League supports circumstances. The fault-based system of reasonable reforms addressing both sides of damage awards has apparently eroded. In the liability/insurance issue. order to facilitate the return to a �.,.. fault-based system, joint liability should The municipal tort liability act was enacted in be abolished in cases where defendants 1963 to protect the public treasury, while have not acted in concert, and a modified giving citizens relief from the arbitrary, comparative fault system should be used confusing, and administratively expensive to evaluate the actions of other prior doctrine of sovereign immunity. The act individuals involved with the injury and has served that purpose well in the past. assess damages only in proportion to the However, courts frequently forget or ignore amount of each person's fault. At the the positive benefits secured to citizens as a very least, the Legislature should modify result of the act, which includes liability recent amendments to the comparative exceptions and limitations. fault statute and eliminate joint liability for governmental and private defendants The special vulnerability of far-flung when they are less than 30 percent at government operations to debilitating tort suits fault. continues to require the existence of a tort claims act, applicable to local governments as • Recent court cases have indicated well as the state. The League recommends the potential employer liability exposure to following. defamation claims arising out of providing references on past employees • Our system of clearly defining and limiting to prospective employers. The result is the scope of public liability should that many employers have stopped continue. The League strongly supports providing information on past employees �"'' retention of the dollar limitations on except information specifically classified governmental liability. The current limits as public under the law which must be of $200,000/$600,000 seem sufficient at disseminated upon request. Employers this time but should be reviewed which give information about the job periodically to ensure that those injured performance of former employees should are not unfairly compensated and that the be presumed to be acting in good faith limits remain constitutional. The limits and, unless lack of good faith is shown should be set at an amount that allows all by clear and convincing evidence, there levels of government to economically should be no liability for making the procure coverage, and provide sufficient disclosure. This provision would not lead time to avoid budgetary problems. protect knowingly false or deliberately Additionally, the limits should conform to misleading information, but would the extent possible with coverage limits promote more effective hiring practices available from insurers. and could potentially limit the public's exposure to negligent hiring cases or less • Liability for particular city operations, than high-quality public employees. such as firefighting and park and recreation facilities, should only arise if GLP 10. Veterans' Preference (B) there is a showing of gross misconduct or gross negligence. A. The League supports amending the veterans'preference act to provide that a L. • The League favors eliminating joint and veteran must select one and only one hearing 1994 City Policies and Priorities 25 procedure rather than be able to request both ensure a more efficient and cost-effective a veterans'preference hearing and a procedure. Additionally, a public employer grievance procedure under a collective which has its termination or discipline bargaining agreement. decision upheld should not be responsible for paying any of the employee's costs of Current statutes entitle a veteran to at least challenging the action and should be two different hearing procedures to challenge reimbursed for any salary paid to the any disciplinary action. This is inefficient and employee pending the hearing. may be unworkable, since the standards for court review of the decisions of veterans' GLP 11. Volunteer Firefighters' preference boards and grievance arbitrators Pensions (B) vary significantly. The Minnesota Supreme Court, has indicated The League opposes creation of any additional city volunteer that these statutes need to be amended. The firefighter pension plans which set retirement benefits based on law should provide for a selection of a single the compensation of a class of active hearing procedure and eliminate any employees, such as the plan in Bloomington. requirement for salary payment pending the hearing when the veteran does not request a The state has had a policy of terminating hearing within 10 days or when an impartial escalated city pension plans by preventing new hearing body determines that the dismissal entrants since 1980 (except for Bloomington was for just cause. fire relief) and by encouraging consolidation B. The League supports legislation providing with PERA. The League initiated and specific time lines to be followed by supported and continues to support the state employers and employees in the veterans' policy. preference discipline or dismissal process, so GLP-12. Liquor Issues (C) that an employee must provide notice of their intent to appeal within 10 days and the hearing process must be completed no later The League supports repeal of the public than 90 days following a proposed hearing requirement for cities with liquor disciplinary or dismissal action. stores that experience losses in two of three consecutive years and supports repeal of off- Currently an employee has 60 days from the sale hour restrictions based on proximity to date of the employer's notice of discipline or first class cities within the same county. dismissal to request a hearing. If a hearing is requested, there are no time lines for holding Liquor issues have been consolidated into a single bill in recent legislative sessions. The hearings or rendering decisions. League generally supports this practice but Under this system, a termination decision can, only if each provision is adequately considered and has, taken more than a year, during which by the Legislature and the parties affected are the employee receives full pay and benefits. given ample opportunity for input. The The result is extremely costly to cities, League has identified the following issues particularly small cities, which often must hire which may or should be considered by the replacement workers for this period. The Legislature. League's proposal to provide a more 1. Continuation hearings. State law currently expedited process would not infringe on the requires that a city operating a municipal employee's right to a hearing, but would 26 League of Minnesota Cities liquor store hold a public hearing if the store results in more costly public projects, higher loses money in any two of three consecutive local taxes or limits on other city services, and years. This statute, adopted prior to "truth in limits the size of projects or makes them too taxation" hearing requirements, is now costly to do. duplicative and wasteful and should be repealed or combined with other budget Current administration of the prevailing wage hearings. system imports wages from neighboring counties, resulting in metro-area wages being 2. Off-sale hours. Minnesota Statute paid across the state. If a particular job class 340A.504, subd. 4 limits off-sales of liquor to does not have a sample wage to determine 10:00 p.m. generally, except that cities of the subsequent wages for that job class, the first class and cities within 15 miles of cities current system may force the local of the first class (within the same county) government to use the wage rates paid for the must close at 8:00 p.m. Monday through closest area wage for the category--often the Thursday. Political boundaries make the higher wage rates which are paid in the metro latter portion of this statute unfair. The area. League supports repeal of the neighboring city, same county, portion of this statute, and The League commends the analysis of these generally believes that cities should be fully problems, and the recommendations for authorized to establish hours of sale and be modifications and corrections to the prevailing expressly authorized to establish differing wage system which was prepared by the license fees for establishments having different Department of Administration (April 1991). hours of operation. GLP 14. Recovery of State Program GLP 13. Prevailing Wage (C) Administration Costs (C) �,. The League believes that wages paid on The League supports removing limitations on public contracts should be consistent with the ability of local governments to charge wages earned by people working at similar fees or otherwise raise revenues to pay for jobs in the community. The League urges state programs. Additionally, the Legislature the Legislature and the Department of Labor should adopt statewide processes which and Industry to work together to modify the further local administration of state prevailing wage system to make it more programs. equitable and to help control the costs to local governments. All levels of government are finding it difficult to finance governmental programs and The present administration of determining law enforcement activities. The League wages uses the "mode" calculation. It supports continuing efforts to internalize designates the wage earned by the greatest program costs and to provide financing for number of people in a job class as the law enforcement activities through forfeiture prevailing wage. This calculation is flawed, statutes and other means. Specifically, the and can either under estimate or over estimate prohibition on collecting local handgun permit representative wages in a community. A fees should be repealed; license renewals "weighted average" of the wages paid for the and/or motor vehicle registrations should be job class during the year is a more accurate used as a means of collecting unpaid fines, reflection of wages paid. Requiring prevailing penalties, or other governmental fees; and wages, calculated under the existing method, forfeiture assets should be left as a resource often overpays for public projects. This primarily for local enforcement activities. 1994 City Policies and Priorities 27 LAND USE, ENERGY, ENVIRONMENT, AND TRANSPORTATION LUEET-1. Annexation (A) notwithstanding orderly annexation agreements which might contradict the A. The League supports legislation restricting petition. further urban growth outside city boundaries and facilitating the annexation of urban land • Cities should be given the authority to to cities. extend their zoning ordinance and subdivision controls up to two miles Public policies which encourage substantial outside the city's boundaries regardless development in non-urban areas and which of the existence of county or township extend public services beyond existing controls, in order to ensure conformance jurisdictions and service areas are wasteful with city facilities and services. and counter-productive. Additionally, shoreland and prime agricultural land are B. The League also supports legislation major natural and economic resources and the restricting the ability of individual property state should include as a major objective their owners to petition the Municipal Board to preservation and wise use. detach their land from one city and to annex it to an adjoining city. Particular attention should be given to the issue of development and the delivery of In 1985 the state's annexation statutes were governmental services to urbanizing fringe amended to allow an owner of land to petition areas. In the metropolitan area, the the Municipal Board for concurrent Legislature should not modify the existing detachment and annexation. Prior to 1985, framework for restricting or guiding only the affected cities could begin the development absent careful study and input process. Since the amendment, several from metropolitan cities and their associations. instances have arisen where owners have petitioned the board because they were State law should continue to encourage the dissatisfied with land use or development preservation of shoreland and prime assistance decisions made by the host city. agricultural land and discourage the development of such land outside designated The Legislature should either repeal the growth areas to be served by a city. The property owner petition provision or provide League recommends the following. the affected cities a right to veto the petition. At the very least, the Legislature should • State statutes regulating annexation should provide a list of factors for the Municipal make it easier for cities to annex Board to analyze when considering requests developed or developing land within for concurrent detachment and annexation. unincorporated areas which the annexing city has designated as a growth area. LUEET- 2. Intergovernmental and Jurisdictional Governance (A) • The Legislature should clarify 1992 legislation which allows property owners Actions by both the state and federal to initiate an annexation by petition to governments are increasing the fiscal pressure ' specifically allow these annexations 28 League of Minnesota Cities and jurisdictional reorganization of county and 2. Turnbacks state roads. Issues of jurisdiction and financial responsibility need increased Cities support a process of planned and attention. The League supports improvements mutually agreeable jurisdictional changes of to the equity and efficiency of city, county, and state roads. It is important I \.-- intergovernmental negotiations between cities to acknowledge that, rather than actually and other governmental units. Efforts to saving money, turnbacks shift the cost of road resolve issues of resolving jurisdictional issues maintenance and repair from a larger group of and turnbacks should emphasize improving taxpayers to a smaller group. Also, the equal and balanced mechanisms for these increased cost for cities to assume processes. responsibility for general maintenance and life-cycle treatment for a substantial number of Two specific issues need to be considered. additional miles of road greatly exceeds the current financial capacities of cities. 1. Dispute resolution board The Legislature should make changes that Cities acknowledge that the overlapping cities are accorded the same notification and jurisdiction of county state aid highways hearing process for the tumback of county within cities needs a more formal process for highways provided to townships. Counties resolution. Local governments should should hold a public hearing and hear negotiate on proposed design and construction comment within the city where they propose issues during the planning phases of to revoke their authority for a highway. As development or redevelopment of these roads. with the process for townships, counties Where such negotiation does not resolve all should: a) complete repairs and improvements issues, either the city or the county may that are necessary to meet their own highway convene a dispute resolution board. Its standards before turning the road back to the membership would include the following city, and b) maintain the road for a period of members of the affected county and city -- one two years from the revocation date. city councilmember or mayor, one county commissioner, the city engineer, and the The League also recommends the following county engineer. changes to help facilitate individual turnbacks: The four members of the board should jointly • Rules should be changed to allow select a fifth member of the board. Likely counties to upgrade county state aid sources for this member are: the state office highways using county state aid highway of dispute resolution, local dispute resolution funds prior to turnback when cities offices, the Center for Transportation Studies, concur and without the penalty which is the Department of Transportation, or the currently imposed; and Institute of Traffic Engineering. If the four members cannot agree on a fifth member • The League supports allowing cities to within two months of the creation of the participate in the decisions which negotiating board, an administrative law judge determine whether a turnback road will should appoint the final member. Costs of the be designated as a state-aid road. If the process of resolution should be shared equally city chooses to designate the road as a between the city and the county. Negotiation state-aid road, this designation should not through this board should be limited to one affect the standard designation process, year. Unresolved discussions could be so that developing cities will be able to appealed to an administrative law judge. 1994 City Policies and Priorities 29 continue to designate a percentage of new • The League supports efforts aimed at road growth as part of the state-aid avoiding or reducing the creation of solid system. and hazardous waste. These efforts should include disincentives for creating LUEET-3. Solid and Hazardous hard to dispose of items and notifying Waste Management (A) consumers of the ease or difficulty of disposing of materials prior to purchase. The League supports creation of a cleanup The League supports efforts at the state program for closed municipal solid waste and federal levels to institute financial landfills which is separate from the state incentives to avoid single-use packaging Superfund program and supports state materials. The state should not preempt programs designed to minimize or eliminate local regulatory authority in the absence the need for landfilling solid and hazardous of an effective, statewide regulatory waste. framework or program which is at least as strong as regulations already adopted The problem of regulating, controlling, and by cities. Further, financial or other disposing of solid and hazardous waste will incentives should be used to encourage continue to be a major environmental issue environmentally acceptable product both nationally and in Minnesota. Major state generation and handling. legislation addressing this issue has been enacted annually since 1980. These acts • The League supports the prohibition of responded to the concerns and issues raised by disposal of unprocessed solid waste in the League, other local governments, and landfills, as cost-efficient and citizens. environmentally safe alternatives are developed and funding is provided to The existing waste management and control cities to implement their responsibilities. system for handling and disposing of Ash from waste to energy facilities hazardous materials centralizes responsibility should continue to be regulated as a at the state level, but requires the cooperation special waste. and support of all levels of government. The system established for solid waste is more • Funding for recycling, reduction, and diffuse, relying on cities to control and abatement efforts. The League supports regulate collection, counties to regulate or alternatives to general taxes as sources of operate existing resource recovery or disposal financing conservation efforts. These facilities, and the state to coordinate alternatives can include specific taxes, responsibilities and plan for future disposal additional fees on landfill or disposal needs. Both systems should foster and facility users, and state or county grants encourage abatement, recycling, and resource and loans. Financial assistance programs recovery for as much of the waste stream as need to be regularly reviewed and possible and then to assure environmentally continued if necessary to effectuate waste sound disposal for the remaining waste. reduction. Changes in financing should be implemented in a manner which The system appears to be working, and avoids budgetary disruption. The therefore the League does not perceive a need Legislature should continue to fund for major changes to existing legislation at the educational and operational pilot present time. But any future legislation that program efforts on the subject of solid may be considered should enhance and not and hazardous waste disposal, including — diminish the emphasis on these concerns. alternatives for the disposal of household 30 League of Minnesota Cities hazardous waste, such as those promoted tax to gasoline and other fuels to generate by the household hazardous waste adequate revenue to fund future reduction project. The League also transportation needs. State trunk highways, supports legislation requiring that the six county state aid roads, and municipal state percent garbage sales tax (SCORE tax) be aid streets should receive 55 percent of these distributed directly to the local unit of revenues and 45 percent should be available government that actually operates the to fund metropolitan and Greater Minnesota recycling program within that jurisdiction. transit systems. • Siting process. The siting of solid waste Cities understand that an efficient facilities has become extremely difficult. transportation system is a vital element in The Legislature should continue to planning for fiscal, economic, and social consider siting issues and provide development at state, regional, and local additional incentives or mechanisms to levels. The League urges the state to consider encourage siting of necessary facilities. using revenue sources which have adequate growth potential to meet the increasing needs • Clean-up of landfills and other hazardous of all transportation systems, including the substance locations. The clean-up and mobility needs of our citizens, efficient decontamination of existing hazardous movement of goods, improving accessibility waste sites, including closed municipal and efficiency of current transit programs, landfills and dumps, should continue reducing automobile congestion, and overall before there is further damage to public energy and environmental concerns. health and the environment. The League supports the continuation of the state The League urges the Legislature and the Superfund program, including its liability governor to acknowledge the immediate needs provisions, for most sites, but supports the of transportation and to create a Mobility .-- creation of a separate landfill clean-up Trust Fund to distribute sales tax revenues program financed out of a tax or fee on from the sale of gasoline. The expected $180 toxic materials. Regardless of the clean- million of new sales tax revenues could fund up program established, local governments approximately $100 million of future road and should be protected from extreme clean-up highway needs through a Surface costs, or costs which do not directly relate Transportation Fund, and $80 million for both to their contribution to the problem. existing and new metro and rural transit systems through a Transit Assistance Fund. • Management of solid waste collection and The current general fund appropriation of $40 disposal. Cities should retain their million for transit programs should be made existing authority to organize collection available for other transportation and transit- and regulate solid waste facilities and related spending. should not be required by statute to compensate parties for changes in Because these would be new sales tax regulations nor have their local authority revenues, the League would not oppose the to regulate land uses unilaterally full 6.5 percent sales tax being directed to the overridden by other levels of government. Mobility Trust Fund, without distribution of two cents to the Local Government Trust LUEET-4. Transportation Systems Fund. Revenues from the sales tax would Funding (A) fulfill future transportation needs in lieu of gas tax increases for roads and additional general The League supports extending the state sales fund appropriations for transit. 1994 City Policies and Priorities 31 In addition, the League supports authority for A transportation utility, comparable to the special local tax authority to be used to fund statutory authority for cities to operate storm enhanced or specialized transit services which sewer utilities, would provide a stable, are locally determined to be necessary. long-term, dedicated funding source for Imposition of local taxes should not, however, reconstruction and maintenance of city affect the overall state responsibility of transportation facilities. funding for these transit services. Current transportation funding options If the sales tax on gasoline is found to be available to cities are inadequate and the unconstitutional, the League urges the current special assessment law, Chapter 429 Legislature to resolve the constitutional use (Local Improvements, Special Assessments) of gas tax revenues for expanded uses. Until does not meet cities' financing needs because this is resolved, the League supports of the benefit requirement. The law requires amending the statutory definition of road or a minimum of 20 percent of such a project to highway, to include other transportation be specially assessed against affected modes within "transportation corridors. " properties. In practice, however, proof of The League would then support a gas tax increased property value to this increase adequate to meet the current needs extent--benefit--can rarely be proven for of these transportation modes. regular repair or replacement of existing transportation infrastructure. Alternatives to Under this funding option, mass transit financing through the use of Chapter 429 projects within transportation corridors would authority are nearly nonexistent. be eligible for gas tax revenues if the projects helped to achieve the state's overall The Legislature has given cities the authority transportation goals, maximize Intermodal to operate utilities for waterworks, sanitary Surface Transportation Efficiency Act sewers, and stormsewers. The stormsewer (ISTEA) funding, and reduce pollution to meet authority (1983), in particular, set the the requirements of the Clean Air Act. precedent for a process of charging a fee on a Eligible transit expenditures would include utility bill for a city service or infrastructure property, vehicles, and equipment for public which is of value to the entire city without bus and rail systems, and their related metering and without proof of property value facilities. increases (benefit). A transportation utility would use technical, well-founded LUEET-5. Transportation Utility Fee measurements, based on traffic generated. It (A) would equitably distribute the costs of providing local transportation services, The League urges the Legislature to adopt including properties which are exempt from League-sponsored legislation to authorize the property tax. cities to create, at their option, a transportation utility. Such authority would Authority for cities to operate a transportation acknowledge: the effects of limited local utility would reduce the need for cities to revenues and cuts to the state aid revenues; incur the additional costs of debt in order to the benefit to all taxpayers of a properly finance major reconstruction and maintenance maintained local transportation system; and projects. It would also limit the frequency of the severe limitations of existing special large special assessment charges on individual assessment authority. property owners. Finally, authority for this utility would be 32 League of Minnesota Cities enabling only. Cities would need to Council, rather than federal or special census individually weigh the benefits of such a tool counts. for their long-term maintenance and reconstruction transportation needs and have C. In spite of the consolidation of the their city councils approve the use of the metropolitan state construction districts 5 and utility. 9, the League supports legislation which continues the previous metropolitan LUEET-6. Bridge Funding (B) membership on MnDOT committees to ensure adequate statewide representation. The League urges the state to acknowledge the importance of local bridges to the By law the MSA Screening Committee statewide transportation network and the consists of one member from each highway overdue need for funding bridge repair and district and from each first class city. The replacement. unintended effect of combining the metropolitan districts reduces metropolitan A funding program should be continued at an representation on this body. annual level of at least $30 million in order to provide the necessary funds for cities, towns, LUEET-8. Railroad Right-of-Way and counties to replace and repair local Preservation (B) bridges. Additional bonding authority, general fund appropriation, and/or tax The League urges the Legislature to revenues should be made available for new acknowledge the importance of abandoned bridge construction across the state. railroad rights-of-way, and to work to preserve future abandonments for public use. LUEET-7. Municipal State Aid System (B) Over 50 percent of Minnesota's railroad rights-of-way (5,000 miles) have been A. In order to more adequately represent the abandoned in the last 60 years and an current eligible miles of city streets, the additional 1,000 miles are projected to be League supports raising the municipal state abandoned in the next decade. These rights- aid system (MSAS) limit to 3,000 miles. This of-way have great public value, for is an administrative change only and will not transportation, communication, recreation, and affect the actual distribution of MSA funding. environmental purposes, and the federal Intermodal Surface Transportation Efficiency Existing law limits the system to 2,500 miles Act (ISTEA) program strongly supports and total mileage currently in the system is efforts to reclaim and reuse abandoned approximately 2,300. This mileage increase railroad rights-of-way. Bicycle or hiking for the system is necessary to accommodate trails, snowmobile routes, light rail lines, the mileage needs of growing cities which utility corridors, transmission corridors, and reach the 5,000 population level and larger pipeline corridors are just a few examples of cities with growing street systems so that these important future uses of railroad rights-of- cities may also receive adequate municipal way. state aid. The public cost to acquire these rights-of-way B. The population factor of the municipal increases substantially once rights-of-way have state aid system should be changed to reflect been abandoned or sold off in small parcels. annual population updates based on estimates Because future abandonments are from the state demographer or Metropolitan unpredictable, the time for public acquisition 1994 City Policies and Priorities 33 can be relatively short, and numerous to immediately eliminate wastewater pollution. governments may be involved, the state needs Therefore, all levels of government must take to become involved to ensure preservation of a reasonably balanced approach to solving the these corridors until such time as the future wastewater pollution problem. public use can be determined. The ability of cities to comply with any clean LUEET-9. Transportation Services water program is contingent upon the Fund (B) availability of adequate funds for treatment facilities. Since 1978, federal grant funding The League encourages further clarification for the wastewater treatment construction and separation of transportation-related grant program has been rapidly phased out. spending of the highway user distribution The same budget constraints facing the federal fund and those non-highway or non-transit government exist at the state and local level purposes which should be funded from the but to a greater degree due to limited revenue transportation services fund. sources. • The League supported creation of both Funding for local and state roads, for facilities, operations, and maintenance should the revolving loan fund and the state be clearly appropriated from the highway user independent grants program and distribution fund. The League opposes continues to support state financial diversion of these funds for other state assistance which is based on the programs (such as the Department of Public economic ability of each local Safety, Tourism, the Safety Council, river government to finance its wastewater parkways, etc.) which do not directly benefit treatment infrastnicture. The programs the transportation or transit systems in the should be streamlined to minimize delays state. These operations should be funded caused by state agency reviews of directly through the state's general fund. The economic and engineering matters. League supports the establishment of a Funding priorities should be established transportation services fund by the 1994 based on the environmental sensitivity of Legislature as a positive first step toward this the receiving waters and the quality of policy. the effluent discharged from the facility. LUEET-10. Wastewater Treatment • The League opposes efforts by either the (B) state or federal governments to institute enforcement actions or impose increased The League supports continued state and fees or charges against communities for federal assistance, and alternative programs, failure to meet effluent standards while whichprovide at the same time assigning these financing for wastewater communities a low priority on the needs treatment construction projects. list for state and federal funding. Clean water is vitally important to the citizens of this country and particularly to residents • The League supports recent Pollution and visitors of Minnesota. Minnesota's cities Control Agency (PCA) efforts to have remain committed to improving water quality. agency staff available to communities as Unfortunately, the costs involved in providing resources for operator assistance, cleaner water are staggering. Because of the evaluation of treatment needs, incredible cost, it is economically impractical educational or liaison efforts, and rate-setting assistance. The League 34 League of Minnesota Cities particularly supports the use of or surface water resources. A reasonable neighboring city staff as additional relationship of economic and social costs and advisors for communities. The League benefits should be a precondition toward requests that the Legislature provide achieving a goal of non-degradation or ti-- additional staff and resources to the treatment resulting in clean water. The ability the agency to continue and expand the of cities to meet goals must be recognized as community assistance program. contingent upon the availability of adequate funding, including state assistance. These • Financial assistance programs should not principles should apply to both the protection penalize communities that have adjusted of our drinking water supplies and the their local utility rate system or reserve operation of municipal services. funds to meet facility financing needs. The League supports the following • The League supports restricting eligibility groundwater and surface water protection for on-site system financing to areas which initiatives. are not readily able to connect to existing or programmed city sewage facilities. • Continuation of the state's safe drinking water act compliance program which • The League opposes direct or indirect undertakes federally mandated tests on restrictions on construction of new city behalf of cities. However, facilities if these restrictions are re-examination of the water connection inconsistent with other state or regional fee imposed by the Department of Health development controls. on connections to public water supplies should be undertaken. The fee should be LUEET-11. Water Conservation and modified to eliminate the inequity in the Preservation (B) current $5.21 per year fee being �-' collected from community supplies but The League supports state water conservation not from non-community systems. and preservation programs that maintain a Additionally, measures to ensure that significant role for cities and provide testing is accomplished in a cost-effective adequate financial assistance and flexibility. manner should be adopted, including the use of private sector laboratories. In order to safeguard the public health and the environment it is necessary to conserve and • al units of government should retain the basic responsibility for surface water preserve our water resources. Many watershed districts, counties, cities, and towns management, because they are closest to have done a good job of dealing with surface the problem. Efforts to minimize and groundwater management issues and have duplication in regulatory programs the authority and ability to continue to do so should be continued. The state's new in a cost-effective manner. These existing wetland conservation program should mechanisms should continue to be used to the continue to be evaluated and greatest extent possible to address surface and amendments to improve the act should be groundwater management problems, instead of required to be introduced in the 1995 establishing a new system or creating new legislative session, especially organizations. amendments to provisions of the wetland rules that conflict with existing state The League supports, as a basic principle, that storm water management and water �. no one has the right to pollute either ground quality programs. The League supports 1994 City Policies and Priorities 35 efforts to control erosion and sediment include Types 1, 2, and 6 and evaluate nmoff not only from urban sources but alternative mitigation methods to compensate from non-urban sources. for any direct loss from impacts to Type 1, 2, and 6 wetlands. • The League supports a full legislative review of all water-related permit fees and Amend the governmental oversight process so opposes the imposition of these fees on landowners can clearly understand which local units of government to the extent that government unit needs to review a proposal, the actual costs to the state cannot be and refine the system to ensure expedited specifically justified and only serve as an reviews of proposals consistent with the alternative means for the state to raise environmental goals of the program. revenue. If fees are determined to be properly imposed on governmental units, Provide for state defense and indemnification the fees should be based solely on the cost of local governments administering state laws of actually providing governmental for any "taking" claims which property services to the political subdivision, and owners might allege. private sector alternatives should be made available to ensure minimal costs to local Make wetland replacement requirements equal taxpayers. between urban and non-urban land at a 1:1 ratio. LUEET-12. Wetlands Conservation (13) LUEET-13. Zoning, Subdivision, and Planning Statutes (B) The League, along with many other governmental associations, supported passage The League supports the recodification of the of the 1991 wetlands conservation act. existing planning enabling statutes but Experience gained by administration of the opposes changes that would restrict cities' interim program and participation in the current substantive and procedural flexibility rule-writing for the permanent program to address unique circumstances. indicates a need for additional legislative action. Minnesota's zoning, planning, and subdivision statutes and regulations are Specifically, the League supports the essential to promoting economic development, following legislative initiatives. preserving environmental resources, and ensuring the efficient delivery of public Remove the $75 limitation on replacement services. The governor's advisory council on plan reviews. Since all proposals to alter, state-local relations conducted a thorough drain, or fill a wetland involve a substantial review of the state's planning and zoning expenditure of local staff time, including, but laws. The League participated in this study. not limited to, professional engineers or A subcommittee of local elected officials was hydrologists, any limitation on cost recovery formed to review the recommendations less than actual expenses means that the developed by a technical committee composed general taxpayer is subsidizing the proponent of planning officials from townships, cities, of an activity which, by definition is counties, regional development commissions, potentially adverse to the environment. and the state. Those recommendations have n collected in a report on land use Initiate detailed review of costs/benefits of legislation, and draft legislation has been expanding the scope of protected wetlands to prepared, reviewed, and modified by cities 36 League of Minnesota Cities throughout Minnesota. The League supports continue to encourage private sector passage of the legislation as currently conservation through tax credits and proposed. other incentives and should explore the possibility of expanding incentives for • L-.- The 1993 Legislature preempted local earth-sheltered, solar, super-insulated, authority to adopt setback requirements for and underground development. manufactured homes in a manufactured home park if the ordinance would have the effect of • The League supports efforts to promote prohibiting replacing a home in a park with a statewide applications of district heating home manufactured in conformance with state and cooling technology including: standards. This preemption is scheduled to providing additional funds or the ability lapse August 1, 1994. The League urges the to special levy for conducting district Legislature to allow the preemption to lapse heating and cooling feasibility studies at and to allow local governments to continue to the community level; ensuring adopt and enforce reasonable public safety consideration of district heating and regulations. If the state precludes local cooling potential in the power plant regulation, it should recognize and assume siting process; and continuing use of the responsibility for potential liability for state district heating bond program for personal injury and property damage, which renovation of existing district heating and arises as a result of the state action. cooling systems. LUEET-14. Energy Conservation (C) • Rising energy costs will continue to place a burden on the economic vitality The League supports legislation providing of communities in Minnesota. The incentives for energy conservation in both the League recommends: public and private sectors. Continuation of the fuel assistance Overall energy conservation strategies program for low-income households, involving the public, private, commercial, and with expanded services to train recipients industrial sectors are being developed based in energy conservation practices and with on the rationale that conservation efforts a requirement of recipient participation achieve the greatest energy savings at the in weatherization programs if the lowest cost. Many of these efforts are recipient is the owner; receiving valuable assistance from the state. Support for weatherization programs The League believes that a city's individual operated through cities, counties, and energy conservation strategy can be community action program agencies; and accomplished if the Legislature permits or establishes some of the following measures. Continued support for the Minnesota Housing and Finance Agency's loan and • The League recommends support of the grant program for home weatherization. use of bonding and special levies by loca • � are in the best governments for implementation of energygovernments conservation measures, including building position to assess local needs and energy audits. This authority would regulate energy consumption within their supplement the current municipal energy communities. The League recommends loan program. The Legislature should also giving any municipality the option to 1994 City Policies and Priorities 37 adopt and enforce standardized provisions • RIM (Reinvest in Minnesota), a program or appendices regarding energy encouraging the use of marginal conservations that are more stringent than agricultural land as wildlife habitat; the state building code. • Research projects; • Data collection; LUEET-15. Environmental Trust • Public education programs; Fund (C) • Capital projects preserving or protecting unique resources; and The voters have approved a constitutional • Activities that preserve or enhance amendment for the creation of an wildlife, fish, and other natural resources environmental trust fund, and the Legislature that otherwise may be substantially should act promptly to include as eligible impaired or destroyed in any area of the programs wastewater treatment facilities, state. Superfund cleanup actions, and solid waste disposal facilities, except the siting of new Projects or programs specifically excluded incinerators. from eligibility include: The 1988 Legislature concluded that all • Superfund cleanup actions; Minnesotans share the responsibility to ensure • Wastewater treatment projects; and wise stewardship of the state's environment • Solid waste disposal facilities and natural resources for the benefit of current (incinerators, landfills, etc.) citizens and future generations, and that the proper management of the state's environment The legislation does provide that if the and natural resources requires foresight, principal of the trust fund reaches or exceeds planning, and long-term activities that allow $200 million, up to five percent of the fund the state to preserve its high quality ($10 million) may be used to provide cities environment and provide for wise use of its with below market rate interest loans for water natural resources. In order to provide a system improvements. Every one of the long-term, consistent, and stable source of environmental protection programs identified funding, the Legislature asked Minnesota's as ineligible to receive trust funds have citizens to approve the creation of a estimated needs of tens and hundreds of constitutionally dedicated environment and millions of dollars. The need to allocate natural resources trust fund financed by governmental resources to ensure adequate one-half of the state lottery (with voter and clean water for drinking, recreation, and approval) and other state appropriations. The commercial use should be one of Minnesota's ballot indicated that the environmental trust highest priorities. The efficient management fund "will be used for air, water, land, fish, of solid waste is also an immediate and wildlife, and other natural resources." The demonstrated need, yet these programs are voters approved the measure overwhelmingly. ineligible for trust fund financing. Although the fund is constitutionally created, A trust fund may indeed be needed, but the the eligibility of programs and projects for Legislature should act to ensure that an funding is set by statute. Current law environment and natural resources trust fund provides that the following programs or not ignore current serious and expensive projects are eligible for financing from the environmental problems. A balance between trust fund: short- and long-term environment and natural ..... resources needs should and can be established. 38 League of Minnesota Cities A. The League continues to support the similar manner. local government trust fund (LGTF). However, this support is contingent on the D. The League opposes changes to the stability and integrity of the fund. property tax classification/HACA system that would cause significant shifting of property I Cities continue to support the concept of the tax burdens from one class to others. LGTF which includes an irrevocable dedication of a portion of the sales tax and A portion of the property tax relief provided motor vehicle excise tax to a defined and to farms by the 1993 Legislature was stable set of property tax relief programs. If accomplished by shifting county and school dedication cannot be assured under the current taxes to city taxpayers. This shifting causes system, the League will pursue modifications local property tax burdens for certain to the structure and composition of the fund or properties to increase due to the actions of the a constitutional dedication of the trust fund Legislature. However, local government revenues to property tax relief programs, or officials are held responsible by their both. taxpayers. B. To prevent rapid increases in local RS-3. Property Tax Reform (B) property taxes, city aid from the local government trust fund (LGTF) should adjust The League of Minnesota Cities will support annually at the same rate as sales tax and property tax reforms that will enhance the motor vehicle excise tax (MVET) revenues. understandability and fairness of the property tax system without compromising the ability The LGTF was established to provide a secure of cities to provide services to citizens. source of funding state aid and property tax relief programs. These programs are an The property tax is the only major tax important revenue source for most cities. available to finance city operations. Any Without growth in these programs, property reforms that erode this tax source should also taxes would be used to fund all necessary provide alternative revenue sources that will budgetary increases. both ensure stability for local taxpayers as well as equity in the levels of service provided C. The League supports modification to the to all Minnesotans. local government trust fund (LGTF) provisions governing surpluses and shortfalls RS-4. State Unallotment Authority in the fund; all programs funded by the trust (B) fund should be adjusted in a direct proportion to the surplus or shortfall. The League supports the basic structure of the unallotment authority given to the Currently, surpluses are distributed to local Governor in 1993. The League encourages government aid (LGA), the county community the Legislative Commission on Planning and social services act (CSSA), and county Fiscal Policy to recommend similar provisions criminal justice aid. Shortfalls in the LGTF for the future. are balanced by reducing nearly all programs funded by the LGTF, including homestead and The unallotment authority would allow the agricultural credit aid (HACA). The integrity Governor to reduce state spending across the of the LGTF would be enhanced, and the board. This preserves the relative spending volatility of any particular program would be priorities established by the Legislature and ,.,.._ reduced if all programs were adjusted in a minimizes the potential impact on any given 1994 City Policies and Priorities 41 program. The unallotment authority should penalties and interest which accrue to their only permit spending reductions to cover special assessments. immediate cash flow needs. Any reserve above the necessary cash flow should be B. Counties should distribute property tax available and drawn down to cover budgetary and other city revenues as soon as commitments previously approved by the practicable. To help encourage prompt Governor and the Legislature. distribution, cities should receive market interest on property tax and other city RS-5. Property Tax Administration revenues held by the counties from the (B) property tax settlement date until they are distributed. A. Cities should receive a share of revenues from penalties and interest collected on In 1993, counties are allowed to hold delinquent property taxes. payments made on or before May 15th until July 6. Although cities may petition to Under existing law, one-half of penalty and receive up to 70 percent of these tax revenues interest payments on delinquent property taxes by June 21, this still allows counties to accrue are distributed to counties and one-half to interest on city tax receipts for over a month. school districts. This policy doesn't With the October 15 payment, the counties accurately distribute the penalties and interest can hold the funds until November 30 , there which accrue on taxes that are levied by is no opportunity for earlier payment to cities. cities. Because the Legislature has not been These delays benefit the counties and result in inclined to correct this inequity, the League lost cash flow benefit for cities. proposes that a compromise distribution be instituted -- allocation of one-half of all C. The Legislature should repeal authority penalties and interest on property taxes to for counties to assess a separate charge to school districts, and the other half to be administer special assessments. equally divided between cities and counties. This arrangement will not result in any net The 1993 Legislature has given new authority cost to the state. to counties to impose unlimited charges to administer special assessments. This new fee When property taxes are delinquent, cities-- brings into question what county functions are just like counties and school districts--lose paid for by a county's general fund levy, expected revenue, and the current value of tax including the general administration of all revenues. Delayed tax payments can cause a such taxes and fees. This new fee results in city to reduce services or spend down reserves higher taxes for city residents, who are also as they wait for late payment of property county residents and pay county taxes. This taxes. authority allows counties to impose unregulated and unnecessary fees for duties Counties have always received such revenues which should be included in the overall costs without deductions from levy limits or from of county government. state aid payments; it is treated as "other income." Cities should receive their This new authority is also contrary to the appropriate share of penalties and interest on current efforts of cities to become more cost their delinquent property taxes as an unlimited efficient. There is no opportunity for cities to revenue source. chose to administer special assessments in the most competitively economical manner (eg. Cities should also continue to receive the duties performed by the city, a private 42 League of Minnesota Cities contract, etc.). bond ratings. RS-6. Service Duplication Taxation There are many financially sound reasons for Exclusion (B) cities to have adequate cash balances, including the following. The League encourages the Legislature to • The funds that a city has on January 1 adopt League supported legislation which would enable city property taxpayers to must finance their expenditures for the become exempt from county levies for first six months of the year. A city's services which are either not provided to city primary sources of revenue, property residents or which duplicate services provided taxes and state-shared revenues, are not by the city. received until June and July -- six to seven months into the city fiscal year. In many cities, residents are paying the costs Just as the state has asserted its need to of county provided services such as police maintain an adequate cash reserve protection, which primarily benefit county account, a city must have a fund balance residents outside the city. In other cases, city for its operating expenditures to avoid residents may receive benefits from the county interfund or commercial borrowing. spending, but the services duplicate services However, unlike the state government, which city governments are already providing. cities do not receive monthly revenues from numerous sources (such as sales In order to more fairly allocate the cost of taxes, personal and corporate income services and to eliminate duplication, city taxes, and various fees and charges to taxpayers and city governments should be other governments). The alternative is given authority to petition to be exempt from costly borrowing, which is not in the '--- county taxes or fees for services that duplicate interest of local taxpayers or the state. city service or for services that are not provided by the county within the city limits. • Some cities also use their fund balance Currently, the city taxpayers in some cities are for major capital purchases or not required to contribute to the costs of a infrastructure. By gradually county library system if they are already accumulating revenue over a period of paying for a city library system. Legislation yam, a city can save its taxpayers the should be passed to allow this arrangement to expense of issuing debt and incurring a be extended to other services. During the large expense in one year. Cities explain 1994 session, the Legislature should study this this process of "saving" for major proposal and hold hearings to allow testimony purchases, such as fire equipment, to to adequately assess the extent of the issue and their taxpayers and the state when cities "designate" their fund balance for such a the need for realignment of taxation and service provision. purpose. RS-7. City Fund Balances (B) • Cities need to maintain some fund balance to meet emergency or The Legislature should not attempt to control unanticipated expenditures created by or restrict city fund balances. These funds situations such as natural disasters, lawsuits, and premature breakdown of are necessary to maintain the fiscal stability vital equipment. Cities are not allowed of city governments, provide adequate cash other revenue raising authority to address flow, allow purchases of capital goods and these issues during their budget year. infrastructure, and to maintain favorable 1994 City Policies and Priorities 43 • Bond rating firms require proof of state agencies. The private accounting field financial liquidity and a demonstrated has proven to be fully competent to conduct ability to service debt in order to receive a city audits, and are likely to be more favorable bond rating. Adequate city fund economical than contracting with a public balances are required for preferential bond agency. Therefore, the League is opposed to ratings. Additional interest costs, and giving the Office of the State Auditor the higher taxpayer burdens, result when cities authority to audit cities or their without adequate fund balances receive instrumentalities. For all audits, local poor bond ratings. The better the bond governments should be allowed to take rating of a city, the lower the interest costs proposals and use a private auditor rather than of borrowing are to the taxpayer. the State Auditor, if the government chooses. In addition, cities with populations under RS-8. City Financial Reporting 2,500 should continue to be exempt from the Requirements (B) expense of an annual audit. The League supports modernization and an RS-9. Cooperation, Collaboration, increased level of comparability of financial and Consolidation (B) data that cities report to state agencies. The League will continue to work with the The League supports the extensive efforts financial reporting and accounting study which have been made by cities across the (FINREP), the Intergovernmental state to provide services through cooperative Information Systems Advisory Council agreements, collaboration and, in some (IISAC), and the Legislative Commission on cases, consolidated programs or governments. Planning and Fiscal Policy to accomplish We support the creation of the Board of these efforts. The Legislature should, Government Innovation and Cooperation, however, fund the study and implementation and the opportunities it provides to help of changes through the general fund, rather stimulate cooperative efforts and to eliminate than the Local Government Trust Fund mandates. Additional funding for grant which is to be dedicated to property tax programs, however, should not be funded relief. Local accounting practices and through the local government trust fund and preferences should not be required to change should not be at the expense of funding for as a result of the study, nor should local current aid programs. The state needs to costs increase. Finally, requirements for acknowledge that even with state reporting additional information should be encouragement, local officials are the most carefully weighed to determine the validity of qualified to determine where shared or the state's need for local government data. consolidated services are most appropriate and will be most effective. Minnesota has one of the most modern and rigorous systems of municipal finance Many studies and surveys of cities in oversight in the nation. The Office of the Minnesota have shown that cooperative State Auditor currently receives and reviews agreements and shared services are very annual financial reports from all cities. Cities common. Cities across the state continue to over 2,500 are required to have annual audits make efforts to increase the number and extent and the Auditor has authority to audit any of programs provided, and/or to reduce the city. Cities also report financial data to the costs of public services. Because city officials Department of Revenue, Pollution Control are most qualified to assess local needs, the Agency (PCA), Department of Trade and Legislature should not mandate cooperative Economic Development (DTED), and other agreements or consolidation requirements for 44 League of Minnesota Cities any city services or the form of city government trust fund, rather than only from government. funding for local government aid (LGA). RS-10. Service Fees for The League believes that all state government ''—.. Government-Owned Property (B) expenses should be subject to the standard appropriation review process and be funded The Legislature should establish a program directly by specific state appropriation, not by for reimbursing municipalities for services to blanket deductions from property tax relief state and regional facilities. The program programs and from state grants. Where a should (1) ensure that state and regional state agency is required to recover costs agencies pay for services that benefit their through a state charge-back for services to property, and (2) allow cities to receive local units, the state should be required to compensation for services that are funded hold administrative hearings to justify the through general revenue, such as police and charges on the basis of the services provided fire, which are valuable to state and regional to the individual local units of government. agencies. Any such fee-for-service program should not be funded through the local City LGA provides financing for government trust fund. administrative costs for: the Office of the State Auditor, the Department of Administration The State of Minnesota owns a significant (for the Intergovernmental Information amount of property within cities in the state. Systems Advisory Council (USAC), the State Cities provide a range of services that benefit Demographer, and the Department of these properties. However, since the state is Employee Relations. For 1993 LGA, exempt from paying property taxes, $502,972 was deducted for these state municipalities are not reimbursed for the cost agencies. of these services. This places an unreasonable burden on cities. In addition, LGA funds, distributed primarily to cities, have been used to fmance operations The State of Wisconsin established a program by the State Auditor and Department of called "Payment for Municipal Services" in Administration, which are not caused by cities 1973. The program provides a mechanism for alone, but by all local governments, including municipalities to be reimbursed by the state counties, school districts, and townships. for services they provide to state-owned properties. Through a formula based on the RS-12. Taxation Hearing and value of state-owned buildings within a city, Notification Law (C) the Wisconsin system reimburses cities for police, fire, and solid waste services. The League supports a property tax hearing and notification process that provides RS-11. State Administrative Costs accurate and timely information to taxpayers, (C fits into the current budget process for local governments, and is cost-efficient. The The League opposes the policy of deducting process should continue its focus on property state agency administrative costs from funds taxes raised from local taxpayers. State which are appropriated for property tax government should set an example, and be relief. If the state continues this required to follow similar requirements for inappropriate policy, the costs should be public hearings and notification processes on more equitably borne by the full local tax and budget issues. 1994 City Policies and Priorities 45 The state-mandated "truth in taxation" process • Proposed tax information should continue has existed through four years of local to be provided on the mailed notice; government budget cycles. Both the major financial data requirements in newspaper changes and the minor tinkering have not advertisements should continue to be substantially improved the process for citizens excluded. The Legislature should or for local governments. The League urges consider eliminating the newspaper the Legislature to make the following changes advertisement requirement -- notices sent to improve the effectiveness of the process for to each property owner and posted in both taxpayers and local government officials. each apartment building effectively notify citizens of the hearings and proposed • The process should be limited to one levies. Tax dollars spent for the cost of official, announced public hearing to publishing advertisements could be better discuss the proposed levy. The actual spent on city services for taxpayers. adoption of the levy and budget should take place at a regularly scheduled meeting • The title of the requirement should be of the governing body of the city, county, changed to the "taxation hearing and school, or special district. Cities already notification law." The current title conduct an open budget development implies that there was and would be a process beginning as early as May, and lack of accuracy and accountability becoming more final with the certification without this process. In addition, the of proposed property tax levies by calculations used in the process are September 15. frequently misleading and confusing, and challenge the "truthfulness" and • Local governments should be allowed to accuracy of the information provided. amend the levy that they preliminarily propose to the county auditor on RS-13. Local Property Tax September 15. Many cities have a Authority (C) difficult time realistically assessing their budget needs to be able to certify a The League strongly supports the proposed levy and budget by September 15 Legislature's repeal of city levy limits and — far ahead of the beginning of the next support of local decisions on city spending. budget year. The early date, combined Without levy limits, local accountability is with the restriction that prevents the city's enhanced and cities are allowed to plan for, final levy from exceeding its preliminary and respond to, changing financial estimate, works against responsible conditions and the increasing costs of state budgeting and forces cities to overestimate and federal mandates. Levy limits are their budget needs to avoid potential inconsistent with the principles of local revenue shortfalls. self-government and accountability. • As a state mandate, the costs of this RS-14. Referendum Levies (C) requirement should be fully funded by the state. The appropriation made for the The League supports repeal of the 1990 process has not been renewed. Local requirement that city referendum levies, governments must now find additional unlike general property tax levies, apply to funds to finance this state-mandated property market value. In addition, it may process from their tight or shrinking local not be accurate for a referendum ballot to budgets. state "By voting YES on this ballot question, "1 46 League of Minnesota Cities you are voting for a property tax increase." actually decline when compared to the previous year. The state has deliberately designed a system of property classes based on property use which RS-15. License Fees (C) creates varying tax burdens. The method by The Legislature should repeal all maximum which a property tax is adopted should not fee provisions relating to off-sale liquor, influence this class rate system. This law on-sale wine, bottle club, and Sunday liquor makes an inappropriate distinction between licenses, and allow cities to decide locally the capital expenditures and operating appropriate fee to charge for such licenses. expenditures only for city governments. Both spending items are components of total city The statutes typically grant authority to issue spending and should impact taxpayers licenses or permits without specific maximum comparably. If the Legislature wants to adjust fees. Cities should have the discretion to set tax burdens, changes should be made in the fees based on their own costs, needs, and classification system, rather than through the standards. Case law provides ample tax base. limitations on cities' power to set license fees by requiring that revenues produced must be In addition, the simple statement that taxes related to the cost of issuing the license and will rise as a result of a referendum levy may regulating the licensed business. The statutory be false. In cases where the city has reduced maximum fee has not increased in over 30 their general levy, or a previous debt is years. retired, a city's property tax levy may 1994 City Policies and Priorities 47 11/CL, TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Ordinance Prohibiting Bungee Jumping DATE: 10-25-93 INTRODUCTION: BACKGROUND: In the past year or two, the growth in popularity of bungee jumping has prompted a number of cities to take steps to prohibit this activity. Recently, the League of Minnesota Cities recommended that cities who have not banned bungee jumping should consider it. The risks associated with jumping from high places to be stopped from hitting the ground by an elsatic cord are obvious. This activity can appear suddenly in any city as the only equipment necessary is a crane and a bungee cord. The City Attorney has researched this issue and has prepared the attached ordinance. ALTERNATIVES: #1. Pass an ordinance to prohibit bungee jumping in Shakopee. #2 . Do not prohibit bungee jumping in Shakopee. RECOMMENDATION: Alternative # 1. ACTION REQUESTED: Offer Ordinance # 365 , an ordinance of the City of Shakopee, Minnesota prohibiting bungee jumping within the city limits and move its adoption. ORDINANCE NO. 365, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 12 , PUBLIC PROTECTION, CRIMES AND OFFENSES, OF THE CITY CODE BY A2OPTING ONE NEW SECTION 10 . 57, BUNGEE JUMPING. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS : Section 1 - That Chapter 10, Public Protection, Crimes and Offenses, of the City Code, is hereby amended by adopting one new section, which shall read as follows : SEC. 10 .57 . BUNGEE JUMPING. Subd. 1. Purpose. The City Council finds that the practice of bungee jumping, also known as bungee cord jumping and reverse bungee jumping, has resulted in personal injuries and deaths which are likely to continue to occur. The City Council notes that most bungee jumping operations are conducted in combination with the use of a crane which has not been designed or manufactured for those purposes . The City Council concludes that bungee jumping is an inherently dangerous and life-threatening practice, likely to cause great harm or death to the participants . Subd. 2 . Definition. Bungee jumping means the sport, activity, or practice of jumping, stepping out, dropping, or otherwise being released into the air while attached or fastened to a cord made of rubber, latex, or other elastic type material, whether natural or synthetic, whereby the cord stops the fall, lengthens and shortens, allows the person to bounce up and down and is intended to finally bring the person to a stop at a point above the surface. Subd. 3 . Prohibition. The practice fo bungee jumping in any form whatsoever, whether open to the general public or for demonstration, exhibition, or other purpose, is hereby prohibited. Section 2 - General Provisions . City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 10 . 99, Violation a Petty Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date . This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: City Attorney Published in the Shakopee Valley News on the day of , 1993 . [25MEMO] -2- 1y� TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Calling Bonds For Payment DATE: October 18, 1993 Introduction Due to declining interest rates and the amount of money on hand in certain funds, Council should consider calling certain bonds for prepayment. Background Some of the bonds issued by the city are at relatively high interest rates compared to reinvestment rates. Also, some of the debt service funds have sufficient funds on hand to to pay off the related bonds. Therefore, it is recommended that the following bonds be called for prepayment. Issue Cash Bonds 1986A GO Improvment $133,000 $100,000 1987A GO Improvement $357,000 $360,000 The cash position of bond funds will improve by year end due to additional interest earnings being posted and second half tax collection settlements. There are no other improvement bond issues callable at this time. Alternatives 1. Approve resolution as drafted. 2. Approve resolution as amended. 3. Do not approve resolution. Recommendation Alternative number 1. Action Requested Offer Resolution No. 3886 A Resolution Calling 1986A And 1987A GO Improvement Bonds For Redemption and move its adoption. memo:bondcal1 Resolution No. 3886 A Resolution Calling 1986A And 1987A GO Improvement Bonds For Redemption Whereas, due to the high interest rates and having sufficient funds on hand it is desired to pay off certain bond issues, NOW THEREFORE BE IT RESOLVED, By the City Council of the City of Shakopee, Minnesota, that the 1995 and later maturities of the 1986A and 1987A General Obligation Improvement Bonds are hereby called for redemption on February 1, 1994. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993. Mayor of the City of Shakopee ATTEST: Approved as to form City Clerk City Attorney r\ff -RIT J ,(G MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City AttorneM DATE: October 25, 1993 RE: Snow Emergency Routes Ordinance BACKGROUND: At the last City Council meeting, the snow emergency routes were revised to reflect the newly-opened 169 bridge and downtown by-pass . In reviewing the ordinance after it passed, Public Works noticed that an error existed in another line. This ordinance corrects that error, and makes the snow emergency route on Tenth Avenue run from Tyler Street to Shakopee Avenue, rather than from Marschall Road to Shakopee Avenue. ACTION REQUESTED: Offer Ordinance No. 364, an ordinance amending Chapter 9, Parking Regulations, Sec . 9 . 50, Parking During Street Maintenance, Snowy Weather, and in Central Business District, by repealing Subd. 8 , Snow Emergency Routes, and enacting one new subdivision in lieu thereof, and move its adoption. [25MEMO] Attachment ORDINANCE NO. 364 , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 9, PARKING REGULATIONS, SEC. 9 . 50, PARKING DURING STREET MAINTENANCE, SNOWY WEATHER, AND IN CENTRAL BUSINESS DISTRICT, BY REPEALING SUBD. 8, SNOW EMERGENCY ROUTES, AND ENACTING ONE NEW SUBDIVISION IN LIEU THEREOF, RELATING TO THE SAME SUBJECT. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS : Section 1 - That City Code Chapter 9, Parking Regulations, Sec . 9 . 50 , Parking During Street Maintenance, Snowy Weather, and in Central Business District, is hereby amended by repealing Subd. 8, Snow Emergency Routes, and enacting one new subdivision relating to the same subject, which shall read as follows : SEC. 9 .50 . PARKING DURING STREET MAINTENANCE, SNOWY WEATHER, AND IN CENTRAL BUSINESS DISTRICT. Subd. 8 . Snow Emergency Routes. The following streets shall be designated as snow emergency routes : Apgar St . from Sixth Ave. to Tenth Ave. Fourth Ave . from Holmes St . to Marschall Rd. Harrison St . from Third Ave . to Sixth Ave. and Tenth Avenue to Vierling Drive Fuller St . from First Ave. to Tenth Ave. Market St . from First Ave. to Tenth Ave. Scott St . from First Ave. to Sixth Ave. Shakopee Ave . from Tenth Ave . to Eleventh Ave. Sixth Ave . from Holmes St . to Adams St . Spencer St . from First Ave. to Tenth Ave. Tenth Ave . from Tyler St . [Marschall Rd. ] to Shakopee Ave . Third Ave . from Harrison St . to Scott St . Twelfth Ave . from Adams St . to Taylor St . Vierling Dr. from County Rd. 16 to County Rd. 79 Note : The bracketed language [thus] is deleted; the underlined language is inserted. Section 2 - General Provisions . City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 9 . 99, Violation a Misdemeanor or Petty Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: 40 0 A1666M, City Attorney Published in the Shakopee Valley New- ion the day of , 1993 . [2 5MEMO] -2- CONSENT MEMORANDUM /r.c TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorne iY/ DATE: October 19, 1993 RE: Reassessment of Second Avenue Property BACKGROUND: Some months ago we finished the Second Avenue improvement project, and various property owners appealed their special assessments . Several of those appeals have settled or have been completed in the courts. We now need to formally reassess those properties in order to lower their assessment . In order to lower an assessment without going through full notice and a public hearing, I prepared a Waiver for each property owner. If this Waiver is executed, we can proceed to the reassessment without the more cumbersome procedures . One such Waiver is attached. ACTION REQUESTED: Offer Resolution No. 3 8 9,R,, a Resolution reassessing certain property, and move its adoption. [19MEMO2] Attachment RESOLUTION NO. 3892 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, REASSESSING CERTAIN PROPERTY. WHEREAS, on November 17, 1992 , the City Council adopted Resolution No. 3703 , levying special assessments against properties benefitted by the construction and improvement of Second Avenue between Sommerville and Naumkeag, and various cross streets, in a project known as Project No. 1991-3 ; and WHEREAS, certain property owners appealed their assessments as excessive; and WHEREAS, some of the assessments have been determined to be excessive, and others have been set aside by a court of competent jurisdiction; and WHEREAS, under Minn. Stat . Sec . 429 . 071, Subd. 2, reassessment requires notice and a public hearing as provided for the original assessment; and WHEREAS, the property owner identified on Exhibit A has waived the reassessment hearing and appeal, and has requested the City Council to reassess their property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the parcel of property identified in the Waiver of Reassessment Hearing and Appeal attached hereto and incorporated herein as Exhibit A is hereby reassessed at the amount underlined in said Waiver. That all other parts of Resolution No. 3703 shall continue in effect . Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: City Attorney [19MEMO2] WAIVER OF REASSESSMENT HEARING AND APPEAL I am Theresa Hicks, and I own property identified as Parcel No. 27-004071-1 . This property was the subject of improvements and special assessments under Minn. Stat . Chapter 429 . I appealed my assessments . This assessment was either determined to be excessive or was set aside by a court of competent jurisdiction, and a new assessment ordered not to exceed $3000 . 00 . I am requesting the City Council to find that the assessment in excess of $3000 . 00 is excessive . I waive notice and hearing as provided for the original assessment as follows : I specifically waive the right to a public hearing prior to levying of the reassessment on my property. I further voluntarily waive all rights to appeal this reassessment under Minn. Stat . Sec . 429 . 071, Subd. 2 . I understand that by signing below I waive the right to appeal and later challenge the amount of the special assessment . Dated this ��) day of 0..---&/-)-(2-- , 199q--;. /(1..!-4-/// c/1"/d";-,. A L;j7iii..(1.1 A„..e4 State of Minnesota ) A'rp-vpird ss. County of On this tfjil day of 06-10& , 1993 , before me personally appeared r}1+0,-ire.)- J . Ji�-y , who, being duly sworn, did say 'that this intq'Cment was executed as his, her, or their free act and dee . NOTY PUBLIC [i6MEMO] Penne Enghusen O NOTARYPUBLIC-MINNESOTA HENNEPIN COUNTY MY COMMISSION EXPIRES SEP. 16. CONSENT /yo MEMO TO: DENNIS KRAFT, CITY ADMINISTRATOR FROM: DAVE HUTTON, PUBLIC WORKS DIRECTOR-' . SUBJECT: 1993-1994 SNOW AND ICE CONTROL PLAN DATE: OCTOBER 26, 1993 INTRODUCTION Attached is Resolution No. 3888, adopting the 1993-1994 Snow and Ice Control Plan of the Public Works Department for City Council consideration. BACKGROUND Each year the City Council of Shakopee adopts a Snow and Ice Control Plan for the Public Works Department. The adoption of a formal Snow and Ice Control Plan by the City Council is strongly encouraged by our insurance carrier, The League of Minnesota Cities, for liability reasons. Attached is the revised Snow and Ice Control Plan for the 1993-1994 plowing season. Basically, this plan is identical to last years plan with the following revisions: 1. The two (2) new employees have been added. 2 . All new streets constructed in 1993 have been added to the snow route assignment lists. 3 . Equipment changes due to purchasing new equipment in 1993 or selling old equipment have been made. 4 . Certain snow plow routes have been reassigned to different operators in order to maximize the efficiencies of the operation and to accommodate the new employees. 5 . The "on-call" contractor has again been eliminated. This contractor has not been utilized in 3 years and the one time that the department requested assistance (during the 1992 Halloween storm) he was unavailable. The department completed that storm with no outside assistance. Therefore, Staff feels that there is no need for an on-call contractor. If we ever get in a bind, there are numerous area contractors that could be called on to try and provide assistance. 6 . The utilization of the weather forecasting service, Total Weather, Inc. , was discontinued. This service was used in 1992-1993 on a trial basis. Attached is the entire 1993-94 Snow and Ice Control Plan for City Council consideration. Staff realizes that the plan is quite lengthy, but outside of the above revisions, the plan is essentially the same as last years. Attached is Resolution No. 3888 , which adopts this plan. ALTERNATIVES 1. Adopt Resolution No. 3888 . 2 . Deny Resolution No. 3888 . 3 . Table Resolution No. 3888 . RECOMMENDATION Staff recommends Alternative No. 1. It is desirable to adopt this plan prior to November 15, 1993 . ACTION REQUESTED Offer Resolution No. 3888, A Resolution Adopting the 1993-94 Snow and Ice Control Plan for the City of Shakopee and move its adoption. RESOLUTION NO. 3888 A Resolution Adopting the 1993-1994 Snow and Ice Control Plan For The City of Shakopee WHEREAS, the City Council of Shakopee believes that it is in the best interest of the residents for the City to assume basic responsibility for control of snow and ice on City streets; and WHEREAS, the City will provide such control in a safe and cost effective manner, keeping in mind safety, budget, personnel and environmental concerns; and WHEREAS, the Public Works Department is given the responsibility for ensuring adequate snow and ice control on City streets; and WHEREAS, the Public Works Department has prepared the attached 1993-1994 SNOW AND ICE CONTROL PLAN NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA That the attached 1993-1994 Snow and Ice Control Plan is hereby adopted as policy for the City of Shakopee. NOW, THEREFORE BE IT FURTHER RESOLVED That this Resolution supersedes Resolution No. 3691 which adopted the 1992-1993 Snow and Ice Control Plan. Resolution No. 3691 is hereby repealed. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CONSENT /441/ RESOLUTION NO. 3891 A RESOLUTION ACKNOWLEDGING THE POSITIVE RELATIONSHIP ESTABLISHED BETWEEN THE SHAKOPEE PUBLIC UTILITY COMMISSION AND THE CITY OF SHAKOPEE WHEREAS, the Shakopee Public Utility Commission and the City Council of the City of Shakopee are responsible for providing cost effective services to the residents of the City of Shakopee; and WHEREAS, the Shakopee Public Utility Commission and the City of Shakopee find it mutually beneficial to work together on a regular basis to provide efficient utility services to the residents of the City of Shakopee; and WHEREAS, the Shakopee City Council is supportive of the positive working relationship that has been developed between the Shakopee Public Utility Commission and the City of Shakopee over the past several years; and WHEREAS, both commissioners and staff of the Shakopee Public Utilities Commission have worked cooperatively with City officials in dealing with problems of mutual concern to the City of Shakopee and the Shakopee Public Utility Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby publicly extends it' s sincere gratitude and appreciation to the Shakopee Public Utility Commission for their positive attitude in dealing with issues of mutual concern that will enhance the quality of life for all Shakopee residents. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1993 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney OO1\ SENT MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE : October 27, 1993 RE: Tree Planting Grant Resolution BACKGROUND: On September 7, 1993 the City Council adopted a motion authorizing the appropriate city officials to enter into an agreement to obtain a $5000 matching grant for tree planting. In reviewing the grant agreement, staff noticed that a formal resolution is required by the grantor. Therefore, staff has prepared the attached resolution. For Council' s information, the trees apparently already have been planted. ACTION REQUESTED: Offer Resolution No. 3893 , a resolution of the City of Shakopee, Minnesota, authorizing the appropriate city officials to enter into a grant agreement for forestry assistance, and move its adoption. RESOLUTION NO. 3893 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ENTER INTO A GRANT AGREEMENT FOR FORESTRY ASSISTANCE. WHEREAS, the City has received notification that it could receive a $5000 matching grant to plant trees; and WHEREAS, on September 7, 1993 the City Council adopted a motion authorizing the appropriate city officials to execute necessary agreement to accept the SBA Natural Resource Development grant of $5000 and allocate $5000 from the Park Reserve Fund to cover the 50% local match requirement; and WHEREAS, the grant agreement requires the City to furnish the Commissioner of the Minnesota Department of Natural Resources with a copy of a resolution authorizing the execution of the a grant . NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS : That the Mayor, the City Administrator, and the City Clerk are authorized to enter into a grant agreement for a $5000 matching grant for tree planting. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: City Attorney C `din r ,sem, ly MEMO TO: Dennis R.Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator Gregg Voxland, Finance Director RE: 1993 Budget Amendment - Resolution No. 3887 DATE: October 26, 1993 INTRODUCTION: A budget amendment would be in order at this time to reflect revenues and expenditures associated with leasing space at the City Hall, former City Hall and Community Services buildings, interfund transfers, lodging tax and the delay in receipt of the new aerial fire truck. BACKGROUND Earlier this year, City Council authorized leasing space at the former City Hall and Community Services building and is therefore receiving rent . Also, in preparing the 1993 budget last year, staff did not anticipate leasing space to the private sector in the City Hall . Subsequently, no funds were allocated for property tax payments . Likewise, staff did not project any lease revenue. It would be appropriate at this time to amend the Government Building division within the general fund to accurately reflect property tax expenditures associated with City Hall . Total property tax liability incurred by the City this year for these two parcels equated to $2, 976 . 00 . It is projected that the City will collect $5, 320 . 00 in rent revenue in 1993 . Lodging tax receipts are running ahead of budget . The City remits 95% to the Visitors and Convention Bureau. The budget amendments increases the revenue and expenditures accordingly. Council has ordered a fire truck that was budgeted in 1993 . Because the truck will not arrive until 1994 , the budget amendment reduces the 1993 budget in the General Fund and the Capital Equipment Fund accordingly. Council has made interfund transfers for 1993 and 1994 debt service needs in lieu of taxes. The amendment modifies the budget accordingly. Council has previously discussed transferring $628, 907 from General Fund - Fund Balance to the Capital Equipment Fund as a result of the 12/31/92 fund balance level . This budget amendment provides for that transfer. Attached is Resolution No. 3887, which make the appropriate budget adjustments for the above items . ALTERNATIVES: 1 . Offer Resolution No. 3887, A Resolution Amending Resolution No. 3720 Adopting the 1993 Budget . 2 . Do not approve Resolution No. 3887 . 3 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative No. 1 . ACTION REQUESTED: Offer Resolution No. 3887, A Resolution Amending Resolution No. 3720 Adopting the 1993 Budget, and move its adoption. BAS/tiv RESOLUTION NO. 3887 A RESOLUTION AMENDING RESOLUTION No. 3720 ADOPTING THE 1993 BUDGET WHEREAS, the City Council has adopted a budget for the fiscal year, and WHEREAS, changing conditions and circumstances warrant amending the budget, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the accounts are changed as follows: Fund Division Account Amount General Revenues Rent $ 5,320 Lodging Tax 20,000 Transfers In (550,000) General Govt. Bldgs Property Tax $ 2,976 Planning Professional Services (CVB) 19,000 Fire Capital Equipment (550,000) Unallocated Transfers Out (Debt Service) 473,358 Transfers Out (Capital Equip) 628,907 Capital Equipment Fund Transfers Out (550,000) Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1993. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form City Attorney