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HomeMy WebLinkAbout11/06/1984 MEMO TO: Mayor and City Council FROM : John K. Anderson , City Administrator RE: Non-Agenda Informational Items DATE : November 1 , 1984 1 . After action at two Council meetings entering into Joint Powers Agreements with Bloomington and then Fridley , the City has learned that neither community wishes to use our Industrial Development Bond (IDB) entitlement and that the City will therefore only be using $600 ,000 of its entitlement . I learned from Don Slater that there will be no adjustments in entitlement because of increased or decreased usage in 1985 . What happens after 1985 is yet uncertain . We are processing a request for the 1% IDB deposit so that we can return it to the developers of the Fridley project. 2 . Tom Brownell has informed me that the Police Department has added to its regular procedures a liquor violation policy. That policy will mean that any violations by liquor license holders will be passed along as informational items to Council . 3 . George Muenchow has informed me that the hours that our public parks are open have now been posted in all parks . The signs are nice looking wooden signs. In addition , George stated that "no baseball" signs have been posted in Holmes Park . George and Jim Karkanen felt that lengthy detailed rules posted in each park would be less effective than just posting key rules on attractive signs. The Police Department and George ' s office both have the detailed park rules adopted by Council and have been requested to enforce them. 4 . Attached is a very nice thank you letter from Gary C. Janisch thanking City staff for their assistance in helping the Shakopee 84 Partnership get the required approvals for Tom Thumb. 5 . Attached is a nice thank you letter from Janet Williams , Director of the Scott County Library , thanking the City for painting the interior and exterior of the Library . 6 . Attached is a letter of commendation from Tom Brownell to Officer Gerald Poole that will go into Officer Poole ' s file . 7 . Attached is a memo from Tom Brownell following up on Council ' s request to review parking around Block 57 once the County Human Services offices were occupied . Unless I hear from any Councilmembers we will not take any specific action regarding signage around the Hospital and the Court House . 8 . Attached is a letter from Bruce Malkerson regarding the visit of the Minnesota Pacing Commission here on November 14th . If you are interested in attending the Commission Meeting please note the time and location of their meeting . 9 . Attached is a copy of Rod KrassIs letter to Jim Lockhart regarding the Shakopee Race Track Onsite Tax Increment Bonds . This letter is provided as an update for Councilmembers . Anyone having a question regarding the material in Rod ' s letter should call Rod directly . 10 . Attached is a letter from Senator Bob Schmitz acknowledging our concerns about the PERA Board ' s recent appointment of an interim executive director . 11 . Attached is a third quarter newsletter report from the Minnesota Police Recruitment System. 12 . Attached is an excerpt from the League of Minnesota Cities handbook on cities outlining what cities can and cannot do when contracting with Councilmembers . This issue came up recently and may be on the agenda as an item from Engineering on Tuesday night. 13 . Attached is an update from Vern Peterson regarding the AMM and SRA' s efforts to ensure that the MWCC Independent Management Study goes forward . The activity report also lists three other areas of interest to Council . 14 . Attached is an update on the Community Energy Council ' s grant application process . We will be receiving the recycling grant . 15 . Attached are the minutes of the October 11 , 1984 meeting �.. of the Shakopee Coalition . 16 . Attached are the minutes of the September 24 , 1984 meeting of the Cable Communications Advisory Commission . 17 . Attached are the minutes of the September 27 , 1984 meeting of the Energy and Transportation Committee. 18 . Attached are the minutes of the October 10 , 1984 meeting of the Downtown Ad Hoc Committee . 19 . Attached is the monthly calendar for November. 20 . Attached is a copy of a letter I sent to Dean Colligan regarding Prahm-Coll First Addition Drainage Facilities . Note the Ballroom will be closed down on Friday , November 9th if the work is not done . 21 . Attached are the minutes of the September 20 , 1984 meeting of the Planning Commission . 22 . Attached are the minutes of the October 4 , 1984 meeting of the Planning Commission . 23 . Attached are the minutes of the October 4 , 1984 meeting of the Board or Adjustments and Appeals . 24 . Attached are the agendas for the November 8 , 1984 meetings of the Board of Adjustments and Appeals and Planning Commission . 25 . Attached is a copy of the Racetrack Cost Summary Offsite Improvements . 26 . The Finance Department is having Doralee Rosckes start on November 5 , 1984 because of training and orientation time and the timing of the bill cycle . Also, November 12 , 1984 is a holiday occuring in the middle of bill preparation . Her employee status is contingent on Council approval and in the event of Council disapproval she would simply be paid on the basis of professional services for 2 days . The memo for hiring her as an employee is on the agenda . JKA/jms OFFICE OF THE ADMINISTRATOR ' SCOTT COUNTY COURTHOUSE 110 Ss SHAKOPEE, MN. 55379-1382 (612)-445-7750, Ext.100 Y October 30, 1984 JOSEPH F. RIES Administrator BARBARA NESS Administrative Asst. Chief Thomas Brownell Shakopee Police Department 476 Gorman Street Shakopee, MN 55379 Re: County-Wide Criminal Justice Computer Program Dear Tom: Following our visit yesterday, I met with Cecil Buckmeier and discussed the status of the above noted program at great length. I think we have all reached the conclusion at this point that for reasons too numerous to mention, communications have broken down on this project. I feel that this is unfortu- nate and offer a proposal later in this letter to remedy the problem. With respect to overall progress on the project in general, Cecil advised me that two of his programmers had been assigned to this project on a full-time basis with at least two other programmers interfacing with them on the Criminal Justice Computer Program when their schedules permitted. These assignments were made pursuant to the high priority given this matter by committees of the County Board. He went on to advise that his team is presently working with the County Auditor, County Surveyor and County Recorder on the preparation of a land inven- tory in cities and has found this task to be one of great magnitude. He also expressed a great deal of frustration over the limited progress being made with state agencies as well as with periodic changes which have been offered by county agencies since the inception of the project. With respect to our special commit- ment to the City of Shakopee trial project, Cecil advised that he continues to await the installation of a telephone line to the Shakopee Police Department into the county's computer system. Upon advising Cecil of the position of the Chiefs of Police adopted at their monthly meeting held on October 25, 1984, whereby they proposed the forma- tion of a subcommittee to the Radio Users Board for the express purpose of ad- dressing a county-wide criminal justice computer program and establishing a practical time-frame within which such a project should be completed and on which a county commissioner would be invited to serve. Cecil's reaction to this posi- tion was that it would be to everyone's benefit if he would be allowed to attend those portions of Radio Users Board meetings dedicated to subjects relating to this project as a liaison of the county so that he could become more familiar with the needs of law enforcement. He offered further that he would host weekly one-hour meetings each Wednesday morning at which representatives of the follow- ing components would review progress and share thoughts thereon as each phase is reached, to-wit: An Equal Opportunity Employer 1. Communications 2. Investigation 3. Jailing 4. Prosecution Cecil's suggestion is offered in the spirit of resolving the communications gap which appears to have separated us at this point and of establising a forum in which this project may be advanced collectively. From my personal perspec- tive, I view the breakdown in communications as the cause of a great deal of "behind the scenes" criticism and suggest that before the project be advanced beyond this point by anyone' s efforts, all proponents meet at an early date to reach a common ground on which to return this matter to the County Board for review and reconsideration. I truly appreciate the opportunity you gave me to meet with you and will await your response with some hope of salvaging this valuable county-wide project. Sincerely, r t Joseph F. Ries Administrator cc: County Commissioners (� Cecil Buckmeier, D.P. Mgr. Sheriff Doug Tietz Lt. Al DuBois Chiefs of Police Lt. Don Hamilton Lt. Howard Halverson R. Kathleen Morris, County Attorney File JFR:bn OCT 2 4 1984 KOPEE Route 1 , Box 163 Delano, Minnesota 55328 October 22, 1984 Mr. John Anderson City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 Dear John: I would like to thank you and your staff for helping the Tom Thumb shopping center project move along through the proper channels in the past few months. We came across a number of obstacles in the last few months, and without your help and that of Bo Spurrier, Judi Simac and Judy Cox, and others in the city, we would not have been able to get our project off the ground this fall . We appreciate the city 's co-operation and look forward to our project being part of the city of Shakopee. Very uly y urs, Shak pee 84 ar ership y C. a isch artner GCJ/mkm CC: Mayor Eldon Reinke DATE: October 24 , 1934 TO: City of Shakopee-Mayor and Council FROM: Janet Williams , Director Scott County Library System SCOTT COUNTY SUBJECT: MEMORANDUM Thank you for painting the interior and exterior of the Shakopee Public Library . The painter hired was conscientious and courteous to the staff and public . He consulted with us on a schedule that was least disruptive for all concerned . The city is to be commended for their excellent maintenance efforts of the building . The Friends of the Library and other community organizations are paying for banners to be used for directional signage . The GED program has purchased two bulletin boards for the entryway and computer software . The community support continues to be phenominal . The county with permission from the city has installed a library directional street sign on the corner of Third and Lewis . America ' s libraries have a new national symbol designed to increase awareness of public libraries and adopted by the American Library Association . It can be instantly understood without supporting text and is similar to the graphic style of international symbols already in widespread use. On September 12 , 1933 the Scott County library board agreed to accept the responsibility for the Shakopee branch library to be the computer center for Zylstra-United Cable on a one year trial basis . The computer arrived January 18 , 1984. The board will be evaluating the computer center at their meeting of December 10 , 1984 . Feel free to communicate any of your comments to us prior to that meeting . Thanks again for your continued support . Call me anytime . JW : dlm ` City of Shakopee POLICE DEPARTMENT 476 South Gorman Street SHAKOPEE, MINNESOTA 55379 Tel. 445.6666 C LP ! s October 22, 1984 Officer Gerald M. Poole Shakopee Police Department Shakopee, Minnesota 55379 Dear Officer Poole: I am writing to commend you for your excellent performance on October 19, 1984 . While on patrol you observed a suspicious vehicle which resulted in the apprehension of two individuals burglarizing the Mobilhome Minnesota Company. Thanks for a job well done! Sincerely, Tom Brownell Chief of Police TB:pm go c$cavz �:70 i- ioEecE TO: Mayor, Council Members FROM: Tom Brownell, Chief of Police SUBJECT: Parking, County/Hospital DATE: October 22 , 1984 INTRODUCTION Councils request for a report regarding parking in the area of the County building and St. Francis Hospital. BACKGROUND With the completion of block 57 and third floor construction of the courthouse I have monitored the parking. The off-street parking at both facilities is being used the majority of the time. There is not sufficient off-street parking for employees, therefore on-street parking is still being utilizied on a long term basis. The only complaint I have received is from the school district regarding county employees restricting the districts parking on Holmes Street and Fifth Avenue, which I have discussed with the county administrator. I have not received complaints from area residents. RECOMMENDATION Continue to monitor parking in the area and be responsive to area residents should they complain. Do not erect any 2 hour parking limit signs at this time . Minnesota Racetrack, Inc. � ._ SHAKOPEE,MINNESOTA ou 181984 October 16 , 1984 o'nOF S H Kw- Mr. John Anderson Mr. Barry Stock City of Shakopee 129 First Avenue E. Shakopee, MN 55379 Gentlemen: This will confirm my telephone conversation with you on October 15 , 1984 that the Minnesota Racing Commission will conduct its next full meeting at the Shakopee City Hall in the council chambers . The meeting will commence at 2 : 00 PM and will probably run no later than 6 : 00 PM. I understand from Barry, that the City will have available two vans with a capacity of 14 people per van from 2 : 00 PM to approximately 3 : 00 PM. I understand that the charge will be approximately $1 . 00 per passenger which charge should be billed to Minnesota Racetrack, Inc . Thank you very much for your cooperation in this matter. I think it will be beneficial to the City of Shakopee to have the Racing Commission members meet at City Hall and tour the site . If one or more members of the staff of City Council would like to ride in the vans , we would welcome W their presence. Very truly yours , &"' Q, aa4v-'�,, Bruce D. Malkerson BDM: sb cc : Rick Evans MINNESOTA RACETRACK,INC.,A MINNESOTA CORPORATION DEDICATED TO THE MINNESOTA HORSE RACING INDUSTRY. 5248 Valley Industrial Boulevard South/Shakopee, Minnesota 55379/(612) 445-3644 �. `7 Law Offices of KRASS, MEYER & WALSTEN Chartered Surte 300 Phillip R. Krass Paralegals Marschall Road Business Center 327 South Marschall Road Barry K. Meyer Barbara J.Med Strom Trevor R. Walsten Debra A.Karlson P.O. Box 216 Elizabeth B. McLaughlin Jolene R.Wagner Shakopee, Minnesota 55379 Rochelle M. Anderson (612)445-5080 Of Counsel October 25, 1984 Dennis L. Monroe Mr. James Lockhart c/o Popham, Haik et. al. 4344 IDS Center Minneapolis, MN 55402 Re: Shakopee Race Track Onsite Tax Increment Bonds Dear Mr. Lockhart: The Shakopee city staff met with our various fiscal consultants at the office of Miller and Schroeder on October 24 and came to some conclusions. On the basis of the information you have supplied to Mr. Casserly that arrangements you have made with respect to Series B bonds has reduced the loan needs of MRI to no more than $1,000,000, we are structuring a blind issue to net $4,000,0013, $3,01313,1300 as the public contribution and $1,000,000 as the loan from the city to MRI. This letter will confirm that fact and provide you with certain other information. The city has selected First Trust of St. Paul as the trustee and 1ayy} j;eUt-i" -Int, �� t^� s .h ,*s ..mom n4�* .����h r s� .J�.r..�� �.r tnrrJz.�}i y., Lr; November. The guarantees and letter of credit that the participants of MRI will provide will be based on a bond issue sized to net out the $4,000,000 I referred to above. Mr. Wood Kidner will be preparing the form of letter of credit and guarantee and we would request that upon receipt of the letter of credit you make your arrangements with whatever financial institution is going to provide that letter. We must know the name of that institution by November 9 at the latest so that we may approve it and proceed with our bond sale. Vie are not requiring that the financial institution be rated. Please be in contact with James Casserly for determination as to the amount of one year's debt service so that you will know the exact amount of the letter of credit. Mr. Kidner is also preparing a revised Assessment Agreement for submission to the Scott County Assessor. Wnen I submit that agreement I will take that opportunity to inform the assessor that MRI has agreed to increase its valuation by $2,000,000 and for that reason the city is requesting that said valuation remain constant during the period of the bonds. iir. James Lockhart f Page 2 October 25, 1984 In conclusion I would like to thank you for your assistance in lowering the amount of the loan needed by MRI as the smaller bond issue will be of assistance in coverage and therefore marketing. Should you have any questions, please don't hesitate to contact either myself or the appropriate city consultant. Thank you. Yours very truly, KRASS, MEYER & WALSTEN CHARTERED Phillip R. Krass PRK:lw cc: Jim Casserly Robert D. Pulscher Wood Kidner / John Anderson J� ROBERT J. SCHMITZ Senator 36th District 6730 Old Hwy. 169 Blvd. Jordan, Minnesota 55352 Senate Office: 235 State Capitol St. Paul, Minnesota 55155 Phone: 296-7157 State of Minnesota October 24, 1984 Mr. John K. Anderson City Administrator City of Shakopee 129 E. First Avenue Shakopee, Minnesota 55379 Dear John: Thank you for your request of a review of the election process of PERA board members and also of the method used in appointment of their executive director. There has been a flood of such requests coming in to legislators which resulted in the on-going investigation by the Senate Governmental Operations Committee chaired by Senator Don Moe. I am confident that the mood of the legislators is such at this point that the necessary changes you ask for will be implemented soon. Thank you again for your letter. Sincer 6��l ROBERT J. SCHMITZ Chairman Local & Urban Governmental Committee RJS/st cc: Senator Don Moe COMMITTEES • Chairman, Local and Urban Government • Rules and Administration • Finance • Transportation • Veterans and General Legislation MINNESOTA POLICE RECRUITMENT SYSTEM 817 TWELVE OAKS CENTER • WAYZATA, MINNESOTA 55391 (15500 WAYZATA BLVD.) • PHONE (612)475-1771 THIRD QUARTER NEWSLETTER dCT 2 S 194 CI'+Yr 't ;. The purpose of this Newsletter is to summarize for the Board of Directors major activities of the MPRS for the period be- tween July 1 and September 30, 1984 . Placements During the third quarter eleven placements were made through the MPRS. Communities making such placements were Anoka, Bloomington, Brooklyn Center, Coon Rapids, Fridley, North St. Paul, Prior Lake, Robbinsdale, Waseca and White Bear Lake. This brings to forty-two the number of placements made through the System this year. In addition, at the end of the quarter six communities were in the process of interviewing candidates. Questionnaire All MPRS members recently received a questionnaire regarding applicants' success in local oral interview processes for the past several years. The gathering of this information is a critical step in adding another component to the System' s eval- uation process. MPRS members are requested to complete this questionnaire and return it to the MPRS office as soon as possi- ble. If there are any questions regarding the questionnaire, please contact Larry Thompson. at (612) 475-1771. Orientation Sessions All MPRS members are reminded of the "orientation" sessions which can be scheduled to explain development of the MPRS eval- uation process, the interpretation of written test data, and recommended oral interview procedures at the local level. Most members have sent representatives to such sessions in the past, but in some cases these no longer are the persons who are ad- ministering the local selection process. Anyone who wishes to attend an orientation session may do so by contacting the MPRS office. 4 clusively for personal services. Retainage is defined (. �JOFFICIAL INTEREST IN CONTRACTS as the difference, between the amount earned by the contractor on a public contract and the a- Subject to certain exceptions, city council mount paid on the contract by the public con- members may not have a personal financial in- tracting agency. terest either directly or i directly y in any contract made by the council.1�7 The term "council Progress Payments member" includes the mayor and, in standard plan cities, the clerk. In short, it includes anyone Unless the terms of the contract provide other- authorized to vote on the contract's approval. This wise, a city must make progress payments on a same requirement applies to all public officials in public contract for a public improvement monthly ail units of government. (This subject is considered as the work progresses. Payments must be based in some detail in League memo "Official Interest in upon estimates of work completed as approved by Contracts.") Council members may not be: the city. A progress payment is not to be con- sidered acceptance or approval of any work or 1. A party to the contract - i.e. they may not waiver of any defects. A city may reserve as be the person or one of the persons with retainage from any progress payment on a public whom the contract is made. contract for a public improvement an amount not to exceed five percent of the payment. The city 2. A partner, stockholder, or owner of any may reduce the amount of the retainage and may firm with which the council makes a eliminate retainage on any monthly contract contract.118 payment if, in its opinion, the work is progressing satisfactorily. 3. Entitled to a commission, bonus, salary, or any other remuneration from any firm with Optional Method which the council makes the contract. If the council member is simply an employee At the option of the contractor, retainage must of the firm involved, receiving a monthly be paid to the contractor as follows. The con- salary and no commission, bonuses or any tractor may deposit bonds or securities with the other remuneration whatever, and if he public contracting agency or in any bank or trust is not interested in the firm as an owner or company to be held in lieu of cash retainage for stockholder, the council may contract with the benefit of the city. In that event, the city must the organization for which he works.11t9 reduce the retainage in an amount equal to the value of the bonds and securities and pay the The application of these rules to contracts made amount of the reduction to the contractor. In- with the wives or husbands of council members is terest on the bonds or securities is payable to the uncertain; it depends largely on the facts in each contractor as it accrues. particular case. Since the interest of a council member under the statute may be either direct or Bonds and securities deposited or acquired in indirect, a contract with the wife or husband of the lieu of retainage, as permitted above, must be of a council member may invoke an infraction of the character approved by the state treasurer, including law. The attorney general has taken the positi n but not limited to: bills, certificates, notes or that each case turns on its individual facts.]?0 bonds of the United States; other obligations of the United States or its agencies; obligations of any The unlawful interest statutes apply only to city corporation wholly owned by the federal govern- council members. The law does not prevent the ment; or indebtedness of the Federal National treasurer, assessor, clerk under Plan A and other Mortgage Association, like officers from negotiating contracts with the city or holding other paid positions in the city.121 If the city incurs additional costs as a result of the exercise of the option, the city may recover the These prohibitions apply whether or not the costs from the contractor by reducing the final interested council member actually votes or payment due under the contract. As work on the otherwise attempts to influence the council in its contract progresses, the city must, upon demand, consideration of the contract or any other related inform the contractor of all accrued costs, matter. - 378 - f Exceptions122 There are, however, important exceptions to the statutory prohibition. The city council, may, by unanimous vote, contract for goods or services with an interested officer of the city in any of Contracts for goods or services when the D00 in any year ion of less than ;eptions. The I in contracts is a council mem- in proceedings. ien a city pur- iber's employer ed derives no titutes a gross terested council :racts made in .s contracts ?24 n the city. the reasonable I to it under an d contractl25 yond the city's THER gCIES to competitive when acquiring overnment, the I subdivision of ouncil may, by iy of its officers s for the city at aterial, or other it government. e authorized to in full if this is Jding.28 This ;h the council is 5. A contract with a volunteer fire depart- ment for the payment of compensation to its members or for the payment of retire- ment benefits to these members. 6. A contract with a municipal band for the f_tTa, jj_Df r_pmnancntinn to itc mamharc 1. The designation of a bank or savings and 7. loan association in wnicn the orrrcer' fS-- --- ---' ' 'totar cor&aeraiian--recervt interested as an authorized depository for tracts does not exceed $5, public funds and as a source of borrowing. and the city has a populat No restriction applies to the deposit of any 5,000. ru'rrLaS vJ-1- ky a,F (iZYr�vr '&�, governmental units in any bank or savings There are two additional exc and loan association in which an officer statutory prohibition against interes of a governmental unit has an interest if not violated when a city acquires such funds are deposited and protected in ber's property by eminent doma accordance with Minnesota Statutes, Chap- Neither is the statute violated wf ter 118. However, any officer having such chases property of a council merr an interest must disclose that he or she is a and the council member involy director or employee of the bank or savings benefit from such sale.] 23 and loan association and the disclosure must be entered upon the minutes of the Violation of these rules cons governmental unit. The disclosure is to be misdemeanor on the part of the in made when the bank or savings and loan member. Furthermore, all cont association is first designated as a deposi- violation of the statutes are void a tory or when the member or officer is first as such impose no liability upo elected, whichever is later. Such disclosure serves as a notice of interest and need not The city is liable, however, for be made with each successive transaction. value of goods or services providec 2. The designation of an official newspaper, or publication of official matters therein, in which the officer is interested when it is the only newspaper complying with statu- tory or charter requirements relating to the designation of publication. 3. A contract with a cooperative association of which the officer is a shareholder but not an officer or manager. 4. With certain procedural safeguards here- after outlined, a contract for which com- petitive bids are not required and involving not more than $5,000. In order to come within this exception there must be an affidavit filed by the officer and a resolu- tion adopted by the council, both of which must make it clear that the price is as good as can be obtained elsewhere. (Forms for use under this exception are included at the end of the League memo "Official Interest in Contracts.") improperly or illegally execute except where the contract was be corporate power to make.] 26 K. CONTRACTS WITH O GOVERNMENTAL AGED Acquisition of Property From Other Governmental Jurisdictions Statutory provisions relating bidding need not be followed property owned by the national g State of Mi esota, or any politica the state.l T Furthermore, the c appropriate resolution, authorize ar or employees to enter a bid or bid: any sale of equipment, supplies, m. property owned by the nation; An officer or employee may also b make a down payment or payment required in connection with the big is the only known situation in whic authorized to delegate such authorii -379 - /3 410 BULLETIN ���;��t rifmucoepmniialitis October 15, 1984 OCT 1 1984 TO: AMM Member Cities CITY OF SHAKOPEE FROM: Vera);,erson, Executive Director Re: METROPOLITAN ACTIVITIES OF IMPORTANCE 1. MWCC INDEPENDENT MANAGEMENT STUDY - IN PROGRESS: As reported in the last AMM Bulletin, the Metropolitan Council is in the process of revising its Housing Guide Policy Plan. The AMM's Housing Committee and Board of Directors are monitoring the policy plan revision process very closely. A report identifying the AMM concerns and recommendations is being prepared and copies of the report will be sent to each member city early in November. A metro council "Public Hearing" to receive input is tentatively scheduled for November 29th. and your city should receive a copy from the Metropolitan Council of the policy plan hearing draft in early November. Please review it and the AMM's report, very carefully as there will undoubtedly be a number of sensitive issues and concerns. We will keep you posted. 183 university avenue east, st. paul, minnesota 55101 (612) 227-5600 The firm of Touche Ross & Company was selected to conduct the independent management study of the Metropolitan Waste Control Commission (MWCC) and said study is now underway. This study is a very high priority of the AMM and we are monitoring the study very closely. We also want to provide you with the opportunity to make your concerns known! to this -Attached bulletin is an outline which identifies the key issues to be addressed during the course of the study. Please review this material and if you think there are other issues or items which need to be examined,please send �a your concerns, recommendations, suggestions, etc. in written form to Vern Peterson at the AMM Office by no later than October 29, 1984. We will make sure that all input received is forwarded to the appropriate personnel at Touche Ross & Company. This is your chance to impact this much needed study! 2. METROPOLITAN COUNCIL HOUSING GUIDE POLICY PLAN REVIEW: As reported in the last AMM Bulletin, the Metropolitan Council is in the process of revising its Housing Guide Policy Plan. The AMM's Housing Committee and Board of Directors are monitoring the policy plan revision process very closely. A report identifying the AMM concerns and recommendations is being prepared and copies of the report will be sent to each member city early in November. A metro council "Public Hearing" to receive input is tentatively scheduled for November 29th. and your city should receive a copy from the Metropolitan Council of the policy plan hearing draft in early November. Please review it and the AMM's report, very carefully as there will undoubtedly be a number of sensitive issues and concerns. We will keep you posted. 183 university avenue east, st. paul, minnesota 55101 (612) 227-5600 3. AMM LEGISLATIVE POLICY COMMITTEES WORK COMPLETED: The five standing AMM Legislative Policy Committees have or will have completed their work for the 1985 Legislative Session by October 17,1984. Approximately 100 policies have been developed for legislative or Metropolitan Council action. These policies will be considered by the Board of Directors on November 1st. and will be mailed to member cities for your review and consideration shortly thereafter A meeting of the AMM membership to give final review and approval will be held on Thursday evening, December 6th.The details concerning spcific time and location for this meeting will be available in early November but please reserve the date for this meeting now. 4. METROPOLITAN COUNCIL LEVY REDUCTION: In case you have not heard, at the urging of the AMM's Metropolitan Agencies Committee and Board of Directors, the Metropolitan Council decided to reduce its property tax levy from its maximum allowable levy. The levy was reduced about $200,000 from the original projection and while that is not overly significant on a per household basis, it represents more than the total AMM Budget! The AMM was once again, the only entity to provide input at the Public Hearing. NOTE: This Bulletin is being mailed to Mayors, Designated Delegates and Chief Administrative Officials. It would be appreciated if the Chief Administrative Official would share this information with other officials in your city as you deem appropriate. Thank you. m 1111offf.13 ltll1Lllwl • CAN FUNCTIONS BE CONSOLIDATED AND REALIGNED TO REDUCE TILE NUMBER OF MANAGERS AND SUPERVISORS? 0 IS THERE AN ADEQUATE SYSTEM IN PLACE TO INTERFACE WITH THE USER COM— MUNITY AND RATE PAYING PUBLIC? • ARE THE LEVELS OF RESPONSIBILITY AND ACCOUNTABILITY APPROPRIATE BASED ON THE LEVEL OF AUTHORITY ASSIGNED TO A PARTICULAR POSITION? • ARE THE COMMUNICATIONS AND COORDINATION AMONG DIVISIONS WITHIN THE a MWCC ADEQUATE? 0 CAN SERVICES BE DELIVERED ON A MORE COST EFFECTIVE BASIS BY USING OUT— SIDE RESOURCES? • DOES THE PURSUIT OF THE MWCC'S CURRENT AND PLANNED OBJECTIVES RESULT IN THE MOST EFFECTIVE USE OF RESOURCES? • IS THE MWCC EFFECTIVELY MAXIMIZING REVENUES FROM ALL SOURCES, INCLUDING GRANTS, CONTRACTS WITH OUTSIDE AGENCIES, AND COMMISSION PROPERTY? • ARE PLANT MANAGEMENT ACTIVITIES, INCLUDING PROCUREMENT, SCHEDULING, EQUIPMENT MAINTENANCE, TESTING, SECURITY AND RELATED SUPPORT SERVICES APPROPRIATE? 9 ARE THERE OPPORTUNITIES FOR .PROVIDING ADDITIONAL COST—EFFECTIVE SER— VICES TO EXISTING USER COMMUNITIES OR SERVICES TO ENTITIES NOT CUR— RENTLY IN THE SERVICE AREA? • ARE WORKLOAD AND QUALITY CONTROL MEASURES AND. STANDARDS USED FOR BUDGETING, RESOURCE ALLOCATION, WORK SCHEDULING AND EVALUATION APPRO- PRIATE? • ARE LONG AND INTERMEDIATE-RANGE PLANNING ACTIVITIES AND MONITORING PRO- CEDURES APPROPRIATE? Y:► J li X1 I= I a 0:43:Ll MR113it • 'ARE THE MWCC'S CURRENT AND PLANNED DATA PROCESSING SYSTEMS APPROPRIATE TO ITS NEEDS? • ARE THE MWCC'S FORECASTING, BUDGETING AND FISCAL POLICIES, PROCEDURES AND CONTROLS APPROPRIATE? • IS THERE AN ADEQUATE CONSTRUCTION PROJECT MANAGEMENT SYSTEM IN PLACE? • IS THE MWCC'S EMERGENCY PLANNING AND RESPONSE CAPABIt_ITY ADEQUATE AND APPROPRIATE? • ARE CURRENT RECRUITMENT, SELECTION, TRAINING, CAREER PLANNING AND PER- SONNEL INVENTORY PRACTICES ADEQUATE? • ARE MAJOR JOB CLASSIFICATIONS, SALARY AND BENEFIT STRUCTURES COMPARABLE WITH OTHER LOCAL AND STATE GOVERNMENTAL UNITS? • IS THE MWCC EFFECTIVELY COMPLYING WITH ITS OPERATING AND LEGAL MANDATES? • DOES THE MWCC HAVE GOOD WORKING RELATIONSHIPS WITH OTHER GOVERNMENTAL AGENCIES AND THE PUBLIC? • IS THE MWCC'S MEDIA AND PUBLIC RELATIONS PROGRAM APPROPRIATE? SF -000-06-03 j STATE OF MINNESOTA J DEPARTMENT DEED - Energy Division Office /Memorandum TO:Community Energy Council Grant Applicants DATE:October ll, 1984 M4 FROM: Mark Schoenbaum, Managers PHONE -,-2 97�Q SUBJECT: Update on Application Process DEED received 14 applications, and the review committee is now scoring them accord- ing to the criteria in the rules. I am hoping for a decision late in the week of October 15, after which grant agreements can begin to be signed and processed. There is enough grant money to fund all the applications if they are found to merit funding. Approved applicats will receive a grant agreement to sign and return. Grantees will also need to submit a city council resolution authorizing a city official to execute (sign) the grant agreement if it was not part of the resolution applying for funds. I've enclosed a sample resolution that can be used for this purpose. If your community wants to be prepared to move ahead as quickly as possible should you be funded, you may want to submit this type of resolution to your city council soon. Prior to issuing a check for the first 80 percent of the grant award, the depart- ment will also need an invoice from grantees of projected project costs. Good luck in the review process. Call me if you have any questions. Ms:jmc SHAKOPEE COALITION October 11, 1984 Present: George Muenchow Jackie Kes Jim Streefland Roman Schneider John Neely Ruth Schneider Deloris Gorman David Judd Mary Sullivan Bill Streff Joan Salter John Anderson Pat Ploumen Kathy Lewis Meeting was called to order at 7:00 a.m. by Chair Neely. Mary Sullivan gave an overview of the Scott -Carver Economic Council Fundraiser. With considerable assistance from John Neely, a flyer will be enclosed in next Monday's Mint. With approval of respective Chambers of Commerce, SCEC is con- tacting businesses and corporations to solicit financial contributions. Or- ganizations, churches, etc, in each community are also being contacted to pro- vide information about SCEC programs and the need for their support (both finan- cial and other), as well as to give ideas about possible fundraising events. For the Coalition, there is the need to continue to spread the word about SCEC and the fundraising drive. Two major events are being planned: dances at the Shenandoah Ballroom on December 16, featuring the Rocking Hollywoods, and on January 17, featuring the White Sidewalls. Proceeds of the fundraising drive will fund the following SCEC Projects: Holiday Project, Surplus Food Distri- bution, Emergency Food Shelf, Good Neighbor Project, Self Sufficiency Services, and Domestic Violence Program. /5 Joan Salter and Jackie Kes gave a brief Food Shelf report. Joan is now the official coordinator of the project. Taping for Cable showing was done but the date of the show hasn't been set. There is a continued need for volunteer help. John Anderson reported that Shakopee Area Transit (SAT) system is under way. There is an article in this week's Shakopee Valley News. Dial -A -Ride begins Mo-nday, October 15, and another van is ready to start. There will be a banner across main street announcing SAT. Dave Judd, Shakopee Fire Department, spoke about the Department. It is a volunteer fire dept$ which was incorporated in 1883. They are allowed 35 members, currently are at 32 due to retirements. Dave described response patterns of vehicles, personnel, procedures, etc., in responding to fire calls. There are various vehicles available to respond to different types of fires. The Department is well equipped and well trained. On-going training is held weekly and includes fire fighting procedures and tactics, hazardous materials training, etc. Current- ly the Dept is conducting inspections of businesses and buildings in Shakopee to pre -plan fire fighting attacks. One new truck is being purchased which when fully equipped, including a foam system, will cost about $225,000. Total gear worn by a fireman weighs about 70 pounds. The Dept receives approximately 140 calls a year, although there continue to be "too many" false alarms. Dave indicated that fire prevention efforts are at work, evidenced by a decreased number of actual working fires. John Anderson added that the Dept has been rated at "5" by ISO (Insurance Service Office) with "4" being the highest possible volunteer dept. rating. Shakopee Fire Dept was very close to a 114" rating. The Dept budget is about $150,000 with fireman being paid for actual response time and for training. George Muenchow reported on progress of compiling a master list of all community organizations. An intern in Community Services is working on this project. When completed, the information could be put on the City computer for ease in updating, running copies, etc. The meeting adjourned at 7:55 a.m. Next Coalition meeting will be Thursday, October 25, 6:30 a.m. coffee, 7:00 a.m. meeting at Citizens State Bank. Respectfully submitted, Patricia Ploumen, Secretary PROCEEDINGS OF THE CABLE COMMUNICATIONS ADVISORY COMMISSION REGULAR MEETING SHAKOPEE, MINNESOTA SEPTEMBER 24, 1984 Comm. Abeln, Acting Chair, called the meeting to order at 7:36 p.m. with Comm. Harrison and Davis present. Absent were Chrm. Anderson and Comm. Williams. Also present was Judith S. Cox, City Clerk. Harrison/Davis moved to approve the minutes of August 27, 1984. Motion carried unanimously. The City Clerk said a completed application for variance has been submit- ted by ZU. She said Mr. Abbott said he would be happy to put in writing that non -dedicated phone lines would be used to transmit and receive mes- sages, and to explain in more detail exactly how it would work. She would still like to receive a list of equipment being provided, said list to be required one week after the system is operational. She would also ask that the City be advised of the cost of the substitutions if the cost is greater than that outlined in the ordinance. Comm. Harrison voiced his concern about the Hitachi monitor/receiver equip- ment, stating how necessary it is. Discussion followed. The City Clerk sta-ted it is her interpretation that the variance is for the substitution of VDS for the listed Compuvid, and that the proposed Hitachi equipment is not affected at all. Discussion followed regarding the negotiations in which Mr. Abbott is in- volved and the possibility for receiving equipment with additional capacity. The City Clerk said the institutions are willing to wait an additional period of time to have the additional capacity of 128 pages in the character generator as opposed to 25 pages. Harrison/Davis moved to approve Variance No. 3, dated September 10, 1984, for the installation of remote keyboards at the Senior High, Shakopee Area Catholic Schools, Public Library and Community Services to be connected to a character generator at the Shakopee head -end, conditioned upon accept- able list of equipment being providedto the City within one week after operation of the eqiupment and that the City shall be advised if the cost for substitutions of equipment is greater than the cost for equipment out- lined in the franchise agreement. Motion carried unanimously. Harrison/Davis moved to request Mr. Abbott to make all attempts to complete negotiations with the vendors by October 22, 1984.to acquire the 128 page character generator, and if unable, to advise prior to that meeting when he anticipates the completion of said negotiations. Motion carried unanimously. Harrison/Davis moved to table discussion of the Metro -Area Interconnect Commission. Motion carried unanimously. The City Clerk reported that the City Council is involved in budget negotia- tions and that Chrm. Anderson and representatives of the Access Corp. ap- peared before the Council on behalf of the Cable Communications budget, which also encompasses the Access Corp. budget. She stated that at a sub- sequent meeting, the City Council approved the Cable Commnications budget. Shakopee Cable Communications September 24, 1984 Page 2 Comm. Harrison reported that the Access Corp. will be hosting the Shakopee Coalition at the studio, as a community awareness effort. Comm. Harrison stated he has received some information from ZU's engineer regarding the possibility of headphones for the computer at the Library, but he isn't happy with the anticipated cost. He will forward the infor- mation to the Library, but he couldn't endorse the expense. He will be continuing to research the concept. Some discussion followed. Comm Harrison asked about scheduling the review of the performance stan- "Laiu5 zaru vi -L'ifc 111ifc iii` r, L! iO& that is something that the new administrative intern will be working on, She mentioned several items that need further research and attention which will be undertaken by the new intern who will be staffing both the Cable Commission and the Energy & Transportation Committee. The City Clerk took the information regarding poor picture quality on Channels 41 and 49, and said she will ask ZU about it. Brief discussion followed regarding the role of this commission, Access Corp. and ZU in censorship disputes. Davis/Harrison moved to adjourn. Motion carried unanimously. Meeting adjourned at 8:55 p.m. Judith S. Cox City Clerk Diane Beuch Recording Secretary 17 PROCEEDINGS OF THE ENERGY AND TRANSPORTATION COMMITTEE REGULAR SESSION SHAKOPEE, MINNESOTA SEPTEMBER 27, 1984 Chrm. Dunwell called the meeting to order at 8:26 p.m. with members Schwingler and Spiotta present. Member Ziegler arrived later, and member Weeks was absent. Also present were Barry Stock, Transit Coordinator; John K. Anderson, City Admr. and Cncl. Colligan. Schwingler/Spiotta moved to approve the minutes of August 30, 1984 with a correction on page 3, 5th paragraph instead of $2 per day to state "$2 per trip." Motion carried unanimously. Mr. Stock went over the background of the cost factors to be considered for the provision of a back-up van for the van pool program. He went over the options to be considered, including an arrangement with a leasing com- pany to provide a back-up van. Member Ziegler arrived and took his seat at 8:36 p.m. Discussion continued regarding a contingency plan for each van for back- up in the interim, and possible insurance problems. The City Admr. sug- gested checking with local churches which might have buses or vans that aren' t used during the week. Schwingler/Spiotta moved to table a determination of a back-up van for the van pool program, allowing staff to continue research into the various alternatives. Motion carried unanimously. Discussion followed regarding various van pool policy decisions as follows: MINIMUM RIDERSHIP: Mr. Stock stated the decision is how many empty seats can the City afford to subsidize. He said the cost is about $3 per day per seat for the downtown route, with the closer ones being cheaper. Discus- sion covered being more liberal on the established routes which are re- placing the MTC, but to be more selective on starting new routes. Ziegler/Schwingler moved to set as policy a minimum acceptable ridership of nine (9) regular riders on a twelve (12) passenger van before making it operational. Motion carried unanimously. BACK-UP DRIVFR DISCOUNTS This was suggested because there didn't seem to be enough incentive for back-up drivers. Carol Schmidt, a van pool driver, said the back-up driver is very important, and really has to be on call all the time, expected to drive with little notice, and there should be some incentive. She suggested a 25% reduction in fares with a limit of 2 back-up drivers per van. !,nerp.,, Transportat: i c,n S,,?pt mber 27, 4 Pij; 2 Schwingler/Spiotta moved to set as policy giving a 25% reduction off the normal fare for each back-up driver, with a limit of 2 back-up drivers per van. Motion carried unanimously. MAXIMUM RIDERSHIP ON FLEX -POOLS Mr. Stock said he is looking for direction as far as how many seats to leave vacant for the occasional rider. Member Ziegler suggested moving the more regular flex -pool riders to a regular van. Ms. Schmidt suggested if there are 9 riders on the flex -pool route, try to take some of the regular riders off both flex -pools and start a new route, while still maintaining the flex -pool. Mr. Stock mentioned the timing is sometimes a problem, but he could ex- plore the feasibility of starting another route at 9:00 a.m. Ziegler/Schwingler moved to table this issue until next month, to get a better feel for what is happening and what kind of ridership is being utilized. Motion carried unanimously. FLEX -POOL RIDER PRIORITY Ziegler/Schwingler moved to set as policy that the people who ride the flex -pool in the morning, or make advance arrangements for rides, have priority for the return trip in the evening. People switching from other vans are on a stand-by basis. Motion carried unanimously. MAXIMUM LOAD CAPACITY Schwingler/Ziegler moved to set as policy that each flex -pool shall carry no more passengers than what the van is normally suited for, based on stated seating capacity. Motion carried unanimously. LENGTH OF SUBSIDIZATION FOR BELOW MINIMUM PASSENGER VANS Chrm. Dunwell suggested that since the City is locked into a lease for a van for 30 days, that time should be given to the passengers of the van if the number falls below the established minimum. Member Schwingler com- mented that she didn't think the current riders should have the responsi- bility for finding additional passengers. Suggestions were made for taking a rider from one of the flex -pools to fill up the other van, and further trying other alternatives before having to disband a current van. Schwingler/Ziegler moved to set as policy that in the event a van pool falls below a ridership level of 9 in a 12 passenger van or 12 in a 15 passenger van, the City will subsidize the empty seats for thirty (30) days, after which time the van pool riders have the option of picking up the additional costs among themselves or choosing to disband. Motion carried unanimously. ENROUTE VAN POOL BREAKDOWNS Ms. Schmidt said her van is back in town by 5:30 p.m., so she could be avail- able to pick up stranded riders of a van that has broken down on the way home. Chrm. Dunwell, also a van driver, said he is also available at that time. rgy & T ;pnrtat i On Sepia 27, 11,1"' Page Mr. Stock explained that Van Pool Services will provide us with a back- up driver on an on-call basis if there is a break -down enroute, for a fee. There was also discussion about using the Dial -A -Ride back-up vehicle. Consensus was that the van pools are a priority, and if Dial - A -Ride had to be pulled to get riders who are stranded, that decision would have to be made. Ziegler/Spiotta moved to set as policy having a Dial -A -Ride driver on call during the a.m, and p.m. commuter times. In the event of a breakdown enroute, the van pool driver would call the dispatcher for assistance, who will contact the back-up driver on call, who will then pick up the stranded passengers with the Dial -A -Ride back-up vehicle and take them to the desired location. Motion carried unanimously. FREE MILES FOR DRIVER Chrm. Dunwell said it is hard to figure a few miles here and there for personal use, and he would prefer receiving free gas with excess miles charged at a fixed cost. He said in the Minnesota Ride Share program there is an additional charge of $15 per month in the lease if the driver is allowed more than 150 miles. Both Chrm. Dunwell and Ms. Schmidt felt the 150 miles free use is too low. The City Admr. pointed out this is a policy decision that can be changed in the future if warranted. Ziegler/Schwingler moved to set as policy that the van pool driver can use a van for 150 miles free, including free gas. Excess driver miles shall be charged to the driver at a fixed cost of 25C per mile, and any addi- tional costs added by Van Pool Services, Inc. Motion carried unanimously. Cnel. Colligan left the meeting at 9:55 p.m. OCCASIONAL RIDER FARE Ms. Schmidt said she heard a comment on the van that it didn't seem fair to have two different occasional fares, for the flex -pool and regular van. Discussion followed about why an occasional rider would ride on a regular van. Chrm. Dunwell defined an occasional rider as one who does not pay by the week or month. He said because of the fare structure if someone only rides two times a week he is better off paying as an occasional rider, but if he rides 4 days, he is better off paying for a weekly ticket. Ms. Schmidt asked about someone having vacation which falls in the week between two months and how that would affect the fares. Mr. Stock said the weekly tickets are only sold at the beginning of the week and the monthly tickets are only sold at the beginning of the month. The consen- sus was the individual would have to figure that out herself, if she would be better off buying the weekly or occasional ticket for that situation. Spiotta/Schwingler moved to set as policy that an occasional rider on a regular route van shall pay the normal occasional rider fare, which is $2 per passenger trip. Motion carried unanimously. E., rnv & Transportation Septeuu)cr 27, 1984 Page 4 FARE REDUCTION FOR HOLIDAYS Ms. Schmidt said that the MTC doesn't discount for anything, you simply pay the weekly or monthly fare. Consensus was that these vans would not run on the official 6 holidays that MTC doesn't run. Discussion followed regarding situations where the driver doesn't have to work and the back-up driver doesn't have.to work, but others in the van pool do have to work and it isn't an official holiday. Consensus was that wouldn't happen. very much, and the individual vans would have to talk it over an make contingency plans such as car pooling or switching to other vans that day. Schwingler/Ziegler moved to set policy that there is no reduction of fares during holiday weeks or months. Motion carried unanimously. Ziegler/Spiotta moved to set as policy the following as official Van Pool holiday dates: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Motion carried unanimously. TRANSFERS Member Schwingler said she would like to continue to purchase All -You -Can - Ride tickets for those who need to transfer, until it gets intoa larger number. She would think the deduction in fare could be more easily abused. Discussion followed. Only one transf=er is necessary now. Schwingler/Ziegler moved to set as policy that individuals who need to transfer shall be credited for the costs of transferring; whereby -the cost of transferring is deducted from the normal passenger fare, with an evalua- tion of this policy in the future. Motion carried unanimously. REIMBURSEMENT FOR CAR POOL COSTS Mr. Stock asked for direction when the vans are not available and the pas- sengers are forced to car pool, as to what expenses are paid. He asked if the actual expenses of gas and parking should be reimbursed, or should there be a limit set on parking expense. Chrm. Dunwell suggested 21( per mile plus out-of-pocket expenses for park- ing. Member Spiotta commented she thought the policy should be liberal for costs and inconvenience. Ziegler/Spiotta moved to set as policy that when the van pool passengers are forced to car pool, the car pool drivers will be paid 21C per mile plus parking reimbursement upon submission of receipt, to be paid by the van pool driver out of van pool revenue. Mr. Stock stated that if there is a defi- cit in the van, the driver should apply to the City. Motion carried unanimously. Ms. Schmidt said she has opened a separate account at a local bank for the van pool revenues. Consensus was that any expense in setting that up should be paid for by the program. Energy & Ti-ansportatton Septemh�r 27, 1984 Page 5 Schwingler/Ziegler moved that all of these above policies go into effect October 1, 1984, subject to any amendment deemed necessary in the future. Motion carried unanimously. Ms. Schmidt asked about the policy for driving during bad weather. Mr. Stock said the decision would have to be made by the driver, who could announce it on KSMM and WCCO. The City Admr. suggested checking with the Public Works Dept., as they are in early and have a good feel for the weather. Mr.. Stock suggested working on alternatives and asking for a policy decision on this item next month. Mr. Stock gave a verbal presentation regarding the Energy Grant application that is contemplated. He is taking over, from Judi Simac, the responsibility for that application. He further explained the waste abatement and dispo- sal project proposed, including the target areas of the City, the different colored bins for re -cycling glass, aluminum and paper to be a demonstration project evaluated after 6 months. He would coordinate the pick-ups between the Cub Scouts, Boy Scouts and SACS. He would also propose having a work- shop that would be televised by Cable T.V. for the purpose of informing the people in the area and educating them on the merits of re -cycling. For this grant the City would make a 10% match. Ziegler/Schwingler moved to recommend to City Council the approval of a re- solution authorizing the City Admr. to submit an application to the Minne- sota Dept. of Energy and Economic Development for a Community Energy Coun- cil Grant. Motion carried unanimously. Mr. Stock said the previously approved van pool policies are being codified and will be given to the van pool drivers to hand out with the tickets. Mr. Stock said he has been hired as the new Admin. Aide who will be working with this committee and Cable Commission. He also asked for a meeting change of date because of a potential conflict with another meeting. Ziegler/Schwingler moved to change the October meeting to October 25, 1984. Motion carried unanimously. The City Admr. explained the the legislation affecting the tax mill feather- ing which will become effective in 1985 instead of the proposed 1986, which will cut the total tax in Shakopee by $53,000, or about i a mill. He added there is flexibility in the budget, so these programs should still be in good shape. He said this means Shakopee will have a significantly better program for transit at almost half the cost. Mr. Stock showed the lastest promotional item of a first aid kit. Schwingler/Ziegler moved a motion of appreciation for the recording secre- tary, who is resigning the position. Motion carried unanimously. Ziegler/Spiotta moved to adjourn at 11:00 p.m. Motion carried unanimously. Barry Stock Admin. Aide/Transit Coord. Diane S. Beuch Recording Secretary �e PROCEEDINGS OF THE DOWNTOWN AD HOC COMMITTEE SHAKOPEE, MINNESOTA October 10, 1984 Chrm. Laurent called the meeting to order at 7:35 A.M. with the following voting members present: Jerry Wampach, Bill Wermerskirchen Jr., Dan Steil, Don Martin and Jim Stillman. Non-voting member present: Lee Stoltzman. Absent: Steve Clay, Terry Link, Mike Sortum and Joe Topic. Also present: John Anderson, City Administrator, Jeanne Andre, Director Community Development, Judi Simac, City Planner and Mel Lebens. Chrm. Laurent questioned the procedures for election of officers for the Downtown Committee. He suggested going along with Jeanne's recommendation to hold elections in February to be in line with other City Commissions. Consensus was to adopt the recommendation to hold elections in February. Lee Stoltzman informed the committee that he talked to someone from Ryan Construction and felt they would be a good developer for the downtown project. Dan Steil asked about the situation of Cactus Jack's property and the fact that it has been condemned to make necessary repairs. It now would be a good time to purchase the property before someone puts a lot of money into it. Discussion followed with Jerry Wampach recommending that the City consider it as a City Hall site. Chrm. Laurent asked for comments regarding new members. Discussion followed and it was decided that with 20 members it would be difficult to agree on anything. It was suggested that each member should try and contact 2 or 3 people before the next meeting. John Anderson suggested that the prospective members come to a couple meetings if they are not sure if they would like to participate. Don Martin arrived at 7:59 A.M. Dan Steil said that in the past one member was considered a "community liaison" position and no one has been appointed to serve in that capacity (since Nancy Christiansen resigned). Mel Lebens suggested the committee contact the citizens who live at the Highrise to see if they'd like to be members of the committee. He recommended Mr. Case. Stillman/Martin moved to approve the minutes of September 19, 1984 as presented. Motion carried. Chrm. Laurent opened discussion on a tentative schedule drafted by Jeanne Andre. Dan Steil noted that this schedule was getting off the every third week meeting. Jeanne recommended this schedule because she tried to work it out with Jack Lynch's schedule and the Christmas Holidays. Page two Downtown Minutes Mel questioned the streetscaping, was it to be financed by special assessment bonds or tax increment money. John explained that the financial plan called for the use of tax increment money. That's the way it was put together, it was not put together for the sale of the $4 million for streetscape being paid for 1/4 by assessments and 3/4 by general obligations, it's tax increment. Jeanne explained any element that would involve streetscape, even i f _�iiSt _a narki r}cr�l_nt _ �thP_rpDort_zndlcated �f we d0 oublic improvements, we're planning on 75% from general money, such as sm,aii cities 2h -Io k grants gni t.?Y incramant and 259: frz)o ssess�wontS- Mel then questioned why large developers get free public improvements and the small businessman has to pay. He didn't feel this was fair. John suggested that we note this for further investigation. If we're not matching the 25% assessments with 75% G.O. coverage from the whole community and we're matching it instead with 750 from tax increment, it may not be consistency and equitable should be reexamined. Mel also commented that he thought the estimated costs were way too high. The committee realizes this and will discuss this when design elements are reviewed at a later date. Steil/Wampach moved to approve the schedule of activities as presented. Motion carried. Jeanne summarized coordinating public improvements in the downtown area with utilities and the City Council. Chairman Laurent sent letters to SPUC Chairman Barry Kirchmeier and the Mayor requesting cooperation in coordinating electrical and storm sewer work and requesting information on the cost and possible timing of those improvements by Feb. 1, 1985. John Anderson suggested that written correspondence from these people would be desirable. Judi Simac arrived at 8:25 A.M. Jeanne reviewed the action taken by the HRA regarding the Developers Selection procedures. They were: 1) Decided to utilize a standard series of documentsto establish background and proposed projects of developers. 2) Authorized staff to explore potential professional services contracts to provide technical assistance in reviewing financial data provided by developers. 3) Decided to work with developers on a negotiated developers agreement approach, with the following refinements: Page three Downtown Minutes a. Negotiate with the Housing Alliance on the previously proposed housing projects. b. Approach a number of developers for each of the other projects and submit data, without having a deadline or formal request for proposals. Consider all interested developers before selecting one for a negotiated agree- ment. Continue to involve Arvid Elness and Associates and Gary McInerny in the developer selection process for the River Inn Project. C. Use the procedures in (b) above for City or HRA parcels as well as larger projects the developer will assemble. Jeanne recommended a downtown brochure as a means of presenting the major ideas of the plan to potential developers. Bill Wermerskirchen Jr. left at 8:46 A.M. Chrm. Laurent asked for comments on brochures. The committee thought it was a good idea and directed staff to bring in the brochure put together by Columbia Heights and also to bring in some cost estimates to the next meeting. Mel suggested buying an inexpense folder.. Jeanne said whe would check into the expense of folders. Judi Simac reviewed the Downtown Zoning Issues and suggested the following alternatives: 1) Planned Unit Development (PUD) - This alternative does not work with existing code provisions. To use this recommended procedure will cause a conflict when the "Land Use Plan" and and zoning for a parcel are not compatible. 2) New Zoning District for Downtown - This alternative would not guarantee that the downtown would redevelop in accordance with the land use plan. 3) Overlay Zoning District - To implement the overlay zoning for downtown would first require that the area is consolidated into one zoning district, as described in #2 above. Secondly the land use plan could be the "Overlay" to characterize the area as public, retail core, etc. Further this overlay district would carry with it specific criteria for development. 4) Mixed Use Development District - Mixed use developments typically include three or more types of land uses combined in one integrated development. Jerry Wampach left at 9:10 A.M. Judi recommended that the Downtown Committee consider one specific district such as themixed use or the B-3 with an overlay, and then go on to define what the district should permit, how sites should develop and whether the types of uses should be proportionate. Page four Downtown Minutes Dan Steil left at 9:15 A.M. Discussion followed with the committee directing Judi to further define a new zoning classification suitable for an expanded down- town. Jeanne Andre suggested a hybrid B-3 district be created on the fringe of the current B-3 that would call for on-site parking and not contribute more cars to the existing public parking lots. Mel Lebens commented that he thinks it would be illegal for businesses that weren't assessed for the existing parking lots to benefit from them. John Anderson addressed an alternative approach to alternative #2, which would allow us to determine whether a parcel was in the old parking lot improvement district or not; by having the Central Business District expanded or otherwise, but use Conditional Uses. Like having a small list of permitted uses, similar to what's permitted in the B-3 now and also have a whole list of Conditional Uses that include: do your own parking and do this kind of screening, etc. This might give us the flexibility of branching into housing, light industrial and so on, that wouldn't fit under conditional uses, giving a kind of a PUD approach so they could come in with small parcels and still allow for review and conditions on small parcels rather than a whole block. This would give us the PUD flexibility on a smaller scale basis. Stillman/Martin moved to adjourn at 9:18 A.M. Motion carried. Toni Warhol Recording Secretary NOVEMBER 3UTIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY' 1 2 3 4 Public 5 ELECTION 6 7 City 8 9 10 Utilities City Council Council 4:30 8:00m. p' 5:00 p.m. Planning Comm 7:30 p.m. VETERANS 11 City Hall 12 13 Downtown 14 Energy & 15 16 I 17 j DAY Closed 7:30 a.m. Transportatioi I.C.C. 7:30 p.m. 5:00 p.m. Police 4:00 pm 18 Community 19 City 20 21 THANKSGIVING22 23 24 Services Council City Hall City Hall 6:15 p.m. 7:00 p.m. Closed Closed Fire Dept. 8:00 p.m. 25 Cable 26 27 Downtown 28 29 30 Advisory 7:30 a.m. 7:30 p.m. CITY OF SHAKOPEE INCORPORATED 1870 129 E. First Ave. - Shakopee, Minnesota 55379-1376 (612) 445-3650 November 1, 1984 Mr. Dean Colligan Prahm-Coll Developers 1098 Tyler Shakopee, Mn 55379 Re: Prahm-Coll First Addition Drainage Facilities Dear Mr. Colligan: On September 20, 1984 I sent a letter reiterating the action taken by the Shakopee City Council at its regular September 18, 1984 meeting. I have been advised by the City Engineer that no new alter- natives have been presented to the City Engineer for City approval, further I have been advised that as of November 1, 1984 no work has commenced to complete the drainage facilities required for this facility. Please be advised that unless City Council authorizes an additional extension of the deadline the temporary occupancy permit along with all of its rights and privileges shall expire November 9, 1984. If you have any questions regarding this matter please contact me. Sincerely, r71 r� JK. AnrsonAdministrator JKA/jms cc: H. R. 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TA Uj: A jn A""TL W V OKI P "Lla 1 jv Wh "A O'l PjW; .polunia2m "q MA 7 a Dow! 0q! 4wqj pipp- � An rp snj xcA Ilya �10 to) And pi pjAu2jjqo s-� PAPPW 1 AW pa jpAj Lqo z 1 Alto aq-1 MM 1� -"qQj aqj 5rq 411 , ayl ccnv 1 1 p0juldn UP Yam pp xjj�) -0 Ina " W wa� "" P01-1pip A fill Kam.10.14hp sl npw lu-"00� �p oil polpin AwUlALY 11fo aq-[, Annowrorun o 'KNIT& Pul az"A Tel 01 I"no jo mrd jpuy PUN xamu .1cppi.6 Di?V jo PAbOM 7Lj310Y/R[62_,) ( '1NOD) mum Dinum -4pnommun payami nwjjoE 'W'd YOW in japio wj jonq �Ujlww 0q2 pal [WA qa[Injad -MAqD 'AlsRommurt '01 i 1: in) POAOW uj; x3/111wq, OYU.:[ w, nsimm -Dd0zvW(3 Shako )ue 1 Septerliber Page () Motion cai previous I lanning Cowmis5Wi W, 198/1 e. The tonstruction of n"xilHary Knes in C577 shonh,: they he Wormin-d WCUSSIrY 10V COMOK WIFNnm, Permits. I. The inmove i of ;h_ onistinn I. 'w" curh ms alaw CW, g. Construct ion or sanitary sewer Linc Lo provitiq snrvlrC to lots 2, 3, 4 of Block L. h. The submiuH or as Final drninagc rcporL and consfrnc tion c draWnge WcHitivs for each lot in lllo . and Hr tuts 1, 2, 3 in Btock 1. L. The duvelopur Lo puLitton for rhe Worovc—Pr OF Carnal' Avenue and wdiva _he QJL to appeal the prapnsed -s.-- sessment� S . The doveloper 011 agree to Lhe CIN QgWP2r'v WKWi 01 npportinninp Zhu instniii. nnrs romainjog unpal'-i agninst sNld pwanswd pink and thm the Qncinpay 4nivas his righc to arp'll the npporrionmvin. with tome & because of Onr wbsoncu af-, iblic hearings. S;a rhmitt/Cz Hja moved to diEcct staff P0 obtain a legl aopLrlop as to w0thar or not Lhc, C11 y 05 Live Nuthovi ry Ln ,ild i I WO 1 10n )OL Anli, a ­ J_ . ; � �_ -1 writ; addWona_� l. right -&-way. YoKon vprrind unaulmously. PTLJET,1C,' IIEPRINC (CONT.) PUMP MNVFV CONO LT&NAL USE PERVIrf-' Schnitt/Rockne moved to ruwove from Lhe nble consWeralloi & 1W condi- tional use permit by Pump & Motor Le insrall a selF aorvlae Cunt stnrio-) at the proposed Tom Thumb v Love to he 1 orated M CR and CRW. 400M) carried unanimously. The City Planner said therc hns been a revised plau ind s.1._'poWwd out� l the ocation of the Fuel LNnks. Shu wont over thp conditions W ipprovnl. czaja/RoApe moved to alone the publin halring. mutWn earyind "naVWQnS1Y. Schmitt/Stpitzman moved to approve CoudWonaL Use VerniL Nu. 372 whicil allows a Alf service fuel station at tho proposed Tom T5umb Store au 0;716 and CR17, I,subje,ct to the following conditions: 1. Apprf)vaj of Century Qaza Square 2PJ Add! Lion. 2. Curb cuts Loku appruvud by tKe CIVA Winuer ard Wnp.,, ohere appruprWy. hrata VA no 'nu, 0 1 r"c0 WW1Y '. Wo 'non luunul a] aLcyn. 4. Anaun! reviow. 5. Roncipp uf a 1prw Pavoynining Tum Thumh warapts as Q u i h o 1 d e a I r a L r t1w ,rr,:,pj1cant , Dump N"ter. Motion Gar! ick' with (Ohn. VdVNa! dtn0M ObSt-0009 W--aus- W Vr yhSuVVC A prior discussions. DISCUSSION RESIGNATION OF CK&KNA, Chrm. Perosich naid he would pass Lho gavel Lo Ccaw. StoLumin, who i, V0 Chair. Co Om. VanMaIdegKm said Lhn! Kc ruLas pr,vidc LOnt tho tice-Chq1v has to ack 1 ept the position of Chair VA" the Chair has pregided for loss than 6 months. ou i uuwl a q ojo s"% w A, woof Q4! "i o I j jrqs I jaA I p o I )a tam 11 ymqDS/moq._, �v pcis NY paloas3id sunlyl "PPO 1-T MUM 21ITPn[Oul 'AL40p. A owns apum yalsnind -wxj -am!! 010I.Suddr 0WOS in IOULI UPRI JAIR-1 ',juluun[d Aqoaaqm SDA!-1 ours au ma IsnAns pluan oqS -oTqfssod 11 aTnpaqx,, ,pujailu qnTz Njpq y4us 0q, 10OW 01 uojy&jmmoD V"juvinjd aqj saAooqoq 11 sNulql - U Mud DTTqOd W Pus Alplawaas OuTPA00al 'Saahold OqS annq QWOMW .Sa OwIn an _;Uly Plan 01 alej 11 qwjq� ],ds nap aqs -plaq U000 ­M� .7- Tq-7-n- � or— �", 71[m a-annal a SOU nis PTUS WHMPTPHOe, Mal PROCEEDINGS OF THE PLANNING COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 4, 1984 Chrm. Stoltzman called the meeting to order at 8:52 p.m. with Comm. Czaja, Koehnen, Rockne, Schmitt and VanMaldeghem present. Also present were Judi Simac, City Planner and H. R. Spurrier, City Engineer. Koehnen/Schmitt moved to approve the minutes of August 9, 1984 with the addendum prepared by staff dated September 19, 1984. Motion carried with Comm. VanMaldeghem abstaining because of her absence. Czaja/Schmitt moved to approve the minutes of September 6, 1984 as kept. Motion carried with Comm. VanMaldeghem abstaining because of her absence. DISCUSSION - RECONSIDERATION OF RE -ZONING RECOMMENDATION The City Planner said the acquisition of the property is completed by the City. Schmitt/Czaja moved to remove from the table consideration of the recom- mendation on rezoning of property located in the SWI -4 of the S z of Sec. 5. Motion carried unanimously. Koehnen/Schmitt moved to reaffirm Planning Commission's original motion to the City Council to recommend that the 70± acre parcel in the SW-, of S4 of Section 5, T115, R22 be rezoned from R-4 to I-1. Further that Planning Commission recognizes that the recommendation is included in Ordinance No. 151; however, for the record, action is being taken separately. Motion carried with Comm. VanMaldeghem abstaining because she was not present for the entire discussion. PUBLIC HEARING (CONT.) - HARMON HARRISON & BROOKS SUPERETTE Schmitt/VanMaldeghem moved to remove from the table the public hearing re- garding the request for rezoning by Harmon Harrison, Jr. and Brooks Sup- erette. Motion carried unanimously. Chrm. Stoltzman asked the applicants if they are comfortable with the action taken by City Council. The City Planner pointed out that the anti- cipated date the ordinance would become effective is October 17, 1984, not October 10, 1984 as previously indicated, due to a review by legal staff. Schmitt/Rockne moved to close the public hearing. Motion carried unanimously. Chrm. Stoltzman passed the gavel to Vice -Chair Czaja. Koehnen/Rockne moved to recommend to City Council that the rezoning request by Harmon Harrison, Jr. and Brooks Superette, to rezone from R-4 to B-1, be denied based on the fact that the City Council has already passed Ordinance No. 150 which amends the B-2 Zone and addresses the concerns of the applicants; subject to final passage and publication of Ordinance No. 150. Motion carried unanimously. Shakopee Planning Commission October 4, 1984 Page 2 PUBLIC HEARING (CONT.) - LINDSTRAND REZONING REQUEST Vanrtaldeghem/Rockne moved to continue the public hearing regarding the request by Carl Lindstrand to rezone a 20 acre parcel located NE of the intersection of CR17 and CR16. Motion carried unanimously. The City Planner went over the background of this request. Mr. Lindstrand confirmed the property this request covered, and said he is comfortable with the City Council action regarding this property. Vice -Chair Czaja asked if there were any comments from the audience, and there were none. VanMaldeghem/Stoltzman moved to recommend to City Council that the rezon- ing request by Carl Lindstrand, to rezone from R-4 to B-1, be denied be- cause City Council, in Ordinance No. 151, has already satisfied the re- quirements of the applicant. Motion carried unanimously. DISCUSSION - RECONSIDERATION OF REZONING EAST AND WEST SIDE CR17 Schmitt/Rockne moved for a reconsideration of the recommendation on re- zoning of property on the east and west side of CR17, south of 4th Ave. and north of CR16. Motion carried unanimously. Schmitt/Stoltzman moved that based on reconsideration the application be denied on the basis that Ordinance No. 150 satisfies the requirement of the applicant. Mr. Link said he is comfortable with that motion. Motion carried unanimously. PUBLIC HEARING - PRELIMINARY PLAT OF HAUER'S THIRD ADDITION VanMaldeghem/Stoltzman moved to open the public hearing regarding the pre- liminary plat of Hauer's Third Addition. Motion carried unanimously. The City Planner read the considerations of this plat and then read the recommendation that staff recommends continuance of this public hearing until all the issues are resolved, and suggested additional conditions of approval. Vice -Chair Czaja asked if there were any comments from the audience. Gene Hauer, developer, said the plat was designed for 10 twin homes and he would like to have it stay that way, in consideration of the size of the lots. The City Planner stated she sought legal opinion regarding whether the Planning Commission had the right to put a limit on the number of twin homes in a development, and she was informed the City is within its rights to do that. Comm. Schmitt explained the concern surfaced after a certain development in Shakopee built double the number of twin homes than was intended. He would still like to see the twin homes limited to 10%, which would be one in 5 for this plat. Shakopee Planning Commission October 4, 1984 Page 3 Mr. Hauer responded that because of the location of 13th Avenue, and the City not wanting any curb cuts on 13th Avenue, he can't get more lots out of the plat, so several lots are quite large so would be suitable for twin homes. The City Engineer stated this developer made a real accomodation from the first preliminary plat which had 8 curb cuts on 13th Ave., to having only two curb cuts which were unavoidable. He added that because of the utility easement and by-pass, there weren't a lot of regular sized lots to work with. He stressed it should be a strong objective of the City to keep curb cuts off 13th Avenue, as it will be a major collector. He also pointed out that they have had insufficient time to comment on how 13th Ave. would be facilitated, and the developer plans to concentrate on the west end of the plat. There has been a preliminary willingness to sell by St. Mark's Church which owns the cemetery adjacent this plat, which will aid in the alignment of 13th Ave. Mr. Hauer indicated he is in no real hurry in the area where 13th Ave. im- pacts his plat. He would like to put in a temporary cul-de-sac at Lime- stone Drive and then when 13th Ave. comes through he would continue the street. Further discussion continued regarding 13th Ave. Errol Fox, 2679 Hauer Trail, asked where 13th Ave. would meet CR16. Mr. Hauer answered 100 feet east of the Geiser property. He also discussed Jasper Trail, and hoped that would not be closed. Bob Eager, 1283 27th Street, observed that his property seems to be cut off by this plat. Mr. Hauer confirmed that would have to be looked at so he has access. Al Conger, 2656 Hauer Trail, said he would like to limit the number of mul- tiple dwellings in the development, as they are degrading to a good resi- dential area. Vice -Chair Czaja asked if there were any more comments from the audience, and there was no response. Schmitt/Koehnen moved to continue the hearing on the preliminary plat of Hauer's Third Addition to November 8, 1984, to allow pertinent issues to be resolved. Motion carried unanimously. Schmitt/Stoltzman moved to direct staff to specifically address this plat as far as 1) unsevered lots of 2 & 3, Block 5; 2) lot for Block 5; 3) ac- cess for Eager property; 4) 13th Ave, as it impacts the cemetary and Staponek property; 5) Limestone Drive. re -naming; 6) access onto 13th Ave. around Block 4. Motion carried unanimously. PUBLIC HEARING - LINK CONDITIONAL USE PERMIT VanMaldeghem/Stoltzman moved to open the public hearing regarding the re- quest for a conditional use permit to exceed the fence height limitation and nr�raxP a. �_!MhR �up�J � -,rri. nn. T rv-_ 4. 2f (btt>_nS_ r , HiLsm n. Ate' ns_ Motion carried unanimously. Shakopee Planning Commission October 4, 1984 Pa ,e 4 The City Planner went over the considerations, recommendation and action requested on this request, which is a denial based on safety considerations. However, she said the applicant has informed her that he has been in con- tact with SPDC, which will provide public water supply in the spring. Mr. Link stated that due to the rock formation in this area utilities are a problem. He has no problem putting in fire lanes or a height limita- tion for stacking lumber. He said SPUC will be locating the water main in Riverview Park, just east of the property and at that time he will have plans and specs drawn up to extend the water across Harrison and into the right-of-way. But with his schedule, he doesn't think it will be accom- plished until spring. Vice -Chair Czaja asked if there were any comments from the audience, and there was no response. Schmitt/VanMaldeghem moved to close the public hearing. Motion carried unanimously. Schmitt/Rockne moved to approve Conditional Use Permit Resolution No. 373, to exceed the fence height limitation and to operate a lumber supply yard in a B-1 Zone, with the following conditions: 1. Maintain a 30 foot sideyard setback until such time as water is available on site, and normal 30 foot rear yard setback and that the areas be designated as fire lanes with a non-flamable surface; 2. 12 foot fire lanes between extended rows of lumber; 3. Stacks of lumber shall not exceed 16 feet in height; 4. Storage be limited to the south and east of warehouse building; 5. Applicant jointly, with SPUC, secure the necessary public water facility to serve the property fore fire protection purposes; 6. Dedication of a drainage easement across the easterly 20 feet; 7. Construction of storm sewer berm to prevent surface water from running onto adjacent property at more than the historic rate. Motion carried with Comm. Koehnen opposed because she favored the wording of "rows" rather than "stacks" of lumber. Schmitt/Rockne moved to recess the Planning Commission meeting at 10:24 to conduct a Board of Adjustments and Appeals hearing. Motion carried unanimously. Schmitt/Rockne moved to re -convene the Planning Commission meeting at 10:28 p.m. PUBLIC HEARING - BROOK'S SUPERETTE CONDITIONAL USE PERMIT Schmitt/VanMaldeghem moved to open the public hearing regarding the request by Brook's Superette for a conditional use permit to construct self- service gasoline facilities upon their property at CR16 and CR17. Motion carried unanimously. Shakopee Planning Commission October 4, 1984 Page 5 The City Planner went over the considerations of the request, and added that staff would not issue a building permit until the zoning is effec- tive by the publishing of Ordinance No. 150. She said staff recommends approval of this request, with conditions. The City Planner said she is concerned with the screening proposed, as she does not want it to block the line of sight of the intersection of CR16 and CR17. Discussion followed. The City Planner suggested requir- ing the screening to be in front of the parking area parallel to CR17. Bruce Malkerson, representing Brook's Superette, said he had no problem with continuing this portion to work out an appropriate placement of screening in discussions with the City, County and police. A representative from Pump and Meter, Hopkins, said there would be only two pumps, one at each end of the island, with each pump having 3 products. He said the rock is 5-6 feet below the surface there, so there might be a slight berm of 3 feet maximum above the tanks. Discussion followed regarding the importance of not blocking the sight line at that intersec- tion. Mr. Malkerson suggested they could possibly change the location of the tanks, to be approved by the City Engineer, in order to avoid a change in elevation on the property. Vice -Chair Czaja asked if there were any comments from the audience. Roberta Schneider, 3300 Valley View Road, asked about the tanks as far as being approved by the PCA. The Pump & Meter representative responded that the tanks are approved by the State Fire Marshall, and the PCA ap- proves what the Fire Marshall approves. Schmitt/Koehnen moved to close the public hearing. Motion carried unani- mously. Schmitt/Stoltzman moved to approve Conditional Use Permit No. 374 with the following conditions: 1. The lighting shall be directed so that no direct source of light will be visible from the public right-of-way or adjacent land in residential use. 2. The fuel tanks shall be cathodic protected. 3. The applicant shall petition for sidewalks along CSAH17, and waive all rights to a hearing and appeal to the assessments. 4. The applicant shall provide screening as follows: West property line: compact evergreen hedge not to exceed 3 feet in height. East property line: compact evergreen hedge not less than six feet in height. 5. Annual staff review. 6. Dedication of fifty foot of right-of-way at CR16 and CR17 if required by the County. 7. No building permit will be issued for the tanks until the zoning is effective with the publication of the ordinance. 8. Placement of screening based on final review and acceptance by County Engineer, City Engineer and applicant. 9. No change is made in the existing elevation. Motion carried unanimously. Shakopee Planning Commission October 4, 1984 Page 6 PUBLIC HEARING - SHIELY CONDITIONAL USE PERMIT Rockne/Koehnen moved to open the public hearing regarding the request by J. L. Shiely Co. for a conditional use permit to enlarge a mining extrac- tion facility. Motion carried unanimously. The City Planner reported that the applicant had a meeting with staff and legal counsel on October 1, 1984, after which the applicant requested this application be continued to November 8, 1984 in order for them to revise their site plan to meet City Code regulations. The City Planner read over the concerns of the applicant and considera- tions of staff, and stated staff recommends the continuation of this pub- lic hearing. Vice-Chair Czaja asked if there was anyone in the audience who wished to comment on this item, and there was no response. Vice-Chair Czaja stated he has been doing some monitoring in the area as far as rainfall and water appropriation in the last several years. He reported figures from that monitoring and said he would like to find out if the water appropriation has increased significantly and what affect this additional mining may have on the water table in that area, since there seems to be a correlation. Mr. Phillip Getz, attorney for J. L. Sheily, stated they will be present- ing further information at the November meeting. Schmitt/Stoltzman moved to continue this public hearing until November 8, 1984. Motion carried unanimously. PUBLIC HEARING - SCOTT COUNTY LUMBER CONDITIONAL USE PERMIT Stoltzman/Rockne moved to open the public hearing regarding the request by Scott County Lumber for a conditional use permit to remove sand and gravel aggregate. Motion carried unanimously. The City Planner stated that several items that are required by the City were not included in the application, and therefore she recommends con- tinuance of this public hearing until November 8, 1984 in order for the applicant to revise his application. She added this is not the same ap- plication as was applied for in 1981. The City Planner informed the Commission that this application is the first one of this nature in which the new City requirement of a $2,500 deposit for consulting services was required, and received. She asked for direc- tion for the use of that fee, as far as when a consultant should be used and who would make the decision. Comm. Schmitt suggested getting a legal opinion as to whether the fee would be refundable if not used. Vice-Chair Czaja asked for comments from the audience. Harold Schneider, 3300 Valley View Road, stated he received notice of this hearing because of being an adjacent property owner, but he would also ap- preciate knowing more about the application before the hearing. Comm. Schmitt suggested an extra copy of the application could be made available to one person in the neighborhood who would have the responsibility of cir- culating it. Mr. Schneider will get a name to the City for that purpose. Shakopee Planning Commission October 4, 1984 Page 7 Mr. Earl Johnston of C.S. McCrossan, Inc. stated he was available to an- swer questions regarding the application. Charles Olson, 2160 Park Ridge Drive, said he is concerned with the inte- grity of the water wells in the area. Schmitt/Rockne moved to continue this public hearing to November 8, 1984. Motion carried unanimously. PUBLIC HEARING - C.S. MCCROSSAN, INC. CONDITIONAL USE PERMIT Rockne/Stoltzman moved to open the public hearing regarding the applica- tion by C. S. McCrossan, Inc. for a conditional use permit to operate a temporary asphalt plant property located at the Racetrack site. Motion carried unanimously. The City Planner went over the background, considerations and recommenda- tion regarding this request. She stated staff recommends approval with conditions. Vice-Chair Czaja asked ifthere was anyone present in the audience who wished to comment on this item. Comm. Koehnen asked if the applicant's bid took into account using the temporary asphalt plant. Gene Goemer asked what would prevent other businesses from using this same temporary site. Vice-Chair Czaja stated the original conditional use permit limited the use of the plant to on-site projects. This is a new conditional use permit to allow the use of this plant for off-site pro- jects, and it will expire in June, 1985. Mr. Goemer said he is also concerned about the increase in traffic. Mr. Johnston stated between the plant and the projects, there are no homes. Jack Plehal, Associated Asphalt, said he has no problem with the use of this temporary plant for on-site projects. As long as everyone has to fol- low the same rules, that is O.K. But he is concerned with other businesses not being able to compete with a temporary plant for off-site projects. Mr. Johnston said they have fixed costs also, and the projects were freely bid. Comm. Schmitt said he understands the question to be whether or not the ap- plicant, based on his temporary site, has an unfair advantage and is that why he received the contract. He stated this question should be decided legally, if the parties desire, but it is not an issue that can be addressed by Planning Commission. Jack Van Remortelsaid he has an asphalt business in Shakopee and two years ago met with the City Planner to find out the City's position on placing an asphalt plant in Shakopee and he was told there was no room in the City for an asphalt plant. Now he sees all these permits for asphalt plants. Shakopee Planning Commission October 4, 1984 Page 8 Mr. Barton Lund asked if this permit was limiting the company to those two off-site projects. Comm. Schmitt said his thinking in the issuance of this permit is safety factor and limiting traffic. These two off- site projects are site -related. This will not incorporate any other projects. Mr. Lund said he was an active bidder on those two projects, and it is quite an advantage to sit on the racetrack property. Someone commented that the safety factor doesn't matter, because if they haul in gravel or mix, the number of trucks is the same. VanMaldeghem/Rockne moved to close the public hearing. Motion carried unanimously. Rockne/Schmitt moved to approve Conditional Use Permit No. 377 to operate a temporary asphalt plant for projectsoff-site of the Racetrack, with the following conditions: 1. The conditional use approval will be temporary and shall expire on June 30, 1985. 2. The applicant shall take adequate measures to control dust, odors and excessive traffic. 3. The applicant shall not violate any conditions of the Indirect Source Permit. 4. The plant shall not be placed in the direct path of the east -west flight pattern of the adjacent airport. 5. The applicant may only use the temporary asphalt plant for off-site projects awarded them as follows: TH101 Intersection Improve- ment, Contract No. 84-8 and CR83 Widening Contract No. 84-9. Motion carried unanimously. Schmitt/VanMaldeghem moved to direct staff to research the issue as to whether or not the $2,500 fee for consulting services is a deposit and therefore refundable. Motion carried unanimously. INFORMATIONAL ITEMS The City Planner reported she has had no response from SPUC regarding the lights for Shenandoah Ballroom, and that the City Council took action on the cul-de-sac amendment. The City Planner reported the City Council approved the Performance Stan- dards as presented to them in concept and they are working on final language, after which they will be reviewed by the City Attorney to go back to City Council to be approved in ordinance form. Brief discussion took place on a couple of other informational items. VanMaldegehm/Schmitt moved to adjourn at 12:00 midnight. Motion carried unanimously. Judi Simac City Planner Diane S. Beuch Recording Secretary a� 3 PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 4, 1984 Chrm. Stoltzman called the meeting to order at 7:34 p.m. with Comm. Czaja, Koehnen and VanMaldeghem present. Comm. Rockne and Schmitt arrived later. Also present was Judi Simac, City Planner. Koehnen/Czaja moved to approve the minutes of September 6, 1984 as kept. Motion carried with Comm. VanMaldeghem abstaining because of her absence. PUBLIC HEARING - Q PETROLEUM Koehnen/Czaja moved to open the public hearing to consider the decision of the City Planner to not allow the storage of merchandise ourdoors in a B-3 Zone. Motion carried unanimously. The City Planner went over the background, including the considerations and alternatives for consideration. Comm. Rockne arrived and took his seat at 7:37 p.m. The City Planner added one alternative to the memo, that the Conditional Use Permit could be amended to address the use or storage of promotional materials. The City Planner explained that many stations have been cited for the violation of storage or materials outside, but the business has 10 days to comply and most often in that time they have sold all the items. She said the stations are only cited if it is a hazardous situation where the items are placed in the line of sight. She said she often receives the response that it is promotional, rather than strictly storage of merchan- dise. Comm. VanMaldeghem stated that the applicant knew full well it would be a non -conforming use in the B-3 zone, and she doesn't think they should be exempt, or it would set a precedent for other businesses in the B-3 Zone. Comm. Czaja said he is very concerned with the safety aspect. He doesn't have a problem with outside storage around the building, but he doesn't want it next to the curb interfering with the line of sight. Randy Kenney, representing the Q Petroleum corporate office, said he came to get some clarity about what is acceptable and what is not. He said he sees other businesses having this outdoor storage. He mentioned the one large shipment they did have displayed when they first opened, but he said that display is gone and they don't intend another one like it. He passed around pictures of other items around the building on a platform, which they feel is not harmful. BO.AA October 4, 1984 Page 2 Discussion followed regarding the necessity of amending the conditional use permit to allow storage around the building, or if that would just be an interpretation. The City Planner pointed out that to amend the conditional use permit there would be a $100 fee, and it would be treated the same as a new conditional use permit. Chrm. Stoltzman asked if there was anyone else in the audience who wished to comment on this matter, and there was no response. VanMaldeghem/Koehnen moved to close the public hearing. Motion carried unanimously. VanMaldeghem/Koehnen offered Resolution No. 378 and moved for its denial based on Shakopee City Code Sec. 11.31, which does not allow for open sales or storage. Motion carried with Comm. Rockne opposed. VanMaldeghem/Koehnen moved that if applicant desires open storage in the B-3 Zone, it is suggested he come in for an amendment of his conditional use permit. Mr. Kenney said he thought there was a difference between storage and ad- vertising. The City Planner stated the sign ordinance deals with advertising. Motion carried unanimously. Jim Hoffman, Q Petroleum station manager, asked if they are allowed to keep outside storage around the building. The City Planner explained that in the past businesses have been cited for violation of this ordinance only when they have stored large shipments of materials in the sight line, which causes a safety hazard. She said if there is no complaint about the storage around the building and it does not represent a safety hazard, he will not be cited. PUBLIC HEARING - BROOK'S SUPERETTE VanMaldeghem/Koehnen moved to open the public hearing regarding the request for a variance from the minimum lot size. The City Planner said the applicant has requested a later hearing time be- cause of a conflict at this time, and he is requesting it be heard in con- junction with the public hearing set for Planning Commission later. Motion carried unanimously. VanMaldeghem/Czaja moved to continue this public hearing to 9:15 p.m., to be heard in conjunction with the Planning Commission public hearing regard- ing gasoline facilities. Motion carried unanimously. PUBLIC HEARING- LINK VARIANCE Czaja/VanMaldeghem moved to open the public hearing regarding the request for a variance from the setback requirements to construct a 40' x 100' building. BOAA October 4, 1984 Page 3 Comm. Koehnen informed the Commission that she has been notified as an affected property owner on this issue and she will be abstaining from the voting and her comments will be as a property owner, not a Commissioner. Motion carried with Comm. Koehnen abstaining. The City Planner went over the background of this request and the con- siderations. She stated staff recommends approval of the variance with conditions. Comm. Schmitt arrived and took his seat at 8:17 p.m. Discussion followed regarding the developer using one of the adjacent lots he owns to avoid the variances. Clete Link, the developer, stated it would be an economic hardship to have to purchase another lot and would make the land cost too high for the.building. Mr. Link said that Amoco Transmission is an international company, which has one plan they work with and all of their buildings are 40' x 100'. The interior is all the same and all the equipment is designed to fit into this 40' x 100' building. The City Planner pointed out the extra deep setbacks this property has to meet because of on the corner of an arterial and a collector street. She said this site plan meets the landscaping and parking setbacks of the new design standards. She also pointed out that she hasn't received a reply from MnDOT on its review of the curb cuts. Chrm. Stoltzman asked if anyone from the audience wished to comment. Ms. Koehnen said she owns the property on the south of this plat, and she feels this building is a very intensive use of the property. She said there is no alley and only a 10 foot setback from her property, which she feels is detrimental to her property. She is concerned with the amount of parking needed and provided for. She asks the Commission to deny the application. Mr. Link responded that they plan no outdoor storage of vehicles. Amoco has informed him that normally there is at the most 5 cars that would be sitting in the parking lot awaiting service. In the winter there might be more. He added that there is nothing around the lot, as the whole block is vacant except for one house. Ms. Koehnen asked if the one parking space would be right up to the property line. The City Planner replied that there is a 3 foot setback between the property line and the parking stall. She said that with the 3 service stalls, they are required to have 12 parking spaces, and there are 19 parking spaces indicated on the plan. Mr. Link said they plan a maximum of 5 employees. Mr. Link suggested in the future the Planning Commission might want to look at setback requirements in the B-1 area, because there are still a lot of single family residential lots of First Avenue. He would assume that even- tually the City would like to turn those lots to commercial. He said that right now, with the setback requirements, a commercial project cannot be built on one lot. He clarified that the sideyard is the problem. Comm. Schmitt commented that the setbacks are for traffic flow, and the variance procedure is the proper vehicle for making allowances for particular plats. BOAA October 4, 1984 Page 4 Ms. Koehnen stated that the reason many of the other properties do not meet the setback is because they were there before the highway came and took part of their property. Comm. Schmitt thought this is a better utilization of the land with 40% more in-house parking than the other stations in the area. Mr. Link explained the drainage plan suggested by the City Engineer. Chrm. Stoltzman asked if there were any more questions from the audience, and there was no response. VanMaldeghem/Czaja moved to close the public hearing. Motion carried with Comm. Koehnen abstaining. Schmitt/Vanmaldeghem offered Variance Resolution No. 380, granting a 10 foot front yard, a ten foot side yard and a twenty foot rear yard variance in order to construct a 40'. x 100' commercial building, with the following conditions: 1. Submittal of a drainage report prior to approval of a building permit. 2. The defective sidewalk along Hwy. 101 must be replaced. Motion carried with Comm. Koehnen abstaining because of a conflict of in- terest and Comm. Schmitt abstaining because he was not present for all of the hearing. Chrm. Stoltzman said there is a 7 day appeal period. Czaja/VanMaldeghem moved to adjourn at 8:52 p.m. Motion carried unanimously. Rockne/Stoltzman moved to re -open the Board of Adjustments and Appeals meeting at 10:24 p.m. Motion carried unanimously. PUBLIC HEARING - BROOK'S SUPERETTE VARIANCE Rockne/Schmitt moved to open the public hearing regarding the request by Brook's Superette for a variance from the minimum lot size requirements. Motion carried unanimously. The City Planner said the applicant is doing this to have a document on file indicating their lot size is legal. Vice -Chair Czaja asked if there were any comments from the audience, and there were none. Schmitt/VanMaldeghem moved to close the public hearing. Motion carried unanimously. Schmitt/Stoltzman moved to approve Variance Resolution No. 379 granting a variance from the minimum lot size in the B-2 District. Motion carried unanimously. Schmitt/Koehnen moved to adjourn the meeting at 10:28 p.m. Motion carried unanimously. Judi Simac Diane S. Beuch City Planner Recording Secretary TENTATIVE AGENDA Board of Adjustment and Appeals Regular Session Shakopee, Minnesota November 8, 1984 Chairman Stoltzman Presiding: 1) Roll Call at 7:30 P.M. 2) Approval of October 4, 1984 Meeting Minutes 3) Informational: a) Appeal of Variance Resolution No. 380 b) 3) Adjournment Judi Simac City Planner CITY OF SHAKOPEE �y TENTATIVE AGENDA PLANNING COMMISSION Regular Session Shakopee, MN November 8, 1984 Chairman Stoltzman Presiding: 1) Roll Call at 7:30 P.M. 2) Approval of September 20, 1984 and October 4, 1984 Meeting Minutes. 3) 7:30 P.M. Continuation of Public Hearing: Request for Preliminary plat approval of Hauer's Third Addition lying in the SW 1/4 of the NE 1/4 of Section 8, CR 16 and 13th Ave., legal description on file. Applicant: Gene Hauer, 2088 Hauer Trail, Shakopee Action: Recommendation to City Council 4) 7:45 P.M. Continuation of Public Hearing: Request for a conditional use permit to enlarge a mining extraction facility upon property located at SE 1/4 of Section 3, East Hwy 101, legal description on file. Applicant: J.L. Shiely Co., 1101 North Snelling, St. Paul, Mn 55108 Action: Conditional Use Permit #375 5) 8:00 P.M. Continuation of Public Hearing: Request for a conditional use permit to remove sand and gravel aggregate upon property located at SE 1/4 of NE 1/4 of Sect. 17, NE 1/4 of NW 1/4 of Sect. 16, W 1/2 of NW 1/4 of Sect. 16, CR 83, legal description on file. Applicant: Scott County Lumber Co. and Bert Noterman, 312 West 6th Street, Shakopee Action: Conditional Use Permit #376 6) 8:15 P.M. PUBLIC HEARING: Request for a conditional use permit amendment to construct an addition to the warehouse building which exceeds the height limitation of 45 feet by two feet at the property located at 7632 Hwy . 101, legal description on file. Applicant: Howe, Inc., 7632 Hwy. 101, Shakopee Action: Amendment to Conditional Use Permit #348 7) 8:30 P.M. PUBLIC HEARING: Request for Preliminary plat approval of Della's 1st Addition lying in the NW 1/4 of Section 8, East of 11th and Shakopee Avenue intersection, legal description on file. Applicant: Cecil P. Clay, 2135 Park Ridge Dr., Shakopee Action: Recommendation to City Council 8) 8:45 P.M. PUBLIC HEARING: Request for rezoning a 19.7 ac. parcel located on Bl, B4 and Outlot D, Valley Park 1st Addition lying So. of Hwy. 101 in the Industrial Park. Applicant: Twin City Tile & Marble Co., 219 E. Island Ave., Minneapolis, MN 55401 Action: Recommendation to City Council 9) 9:00 P.M. PUBLIC HEARING: Request for conditional use permit to conduct a T -Shirt Screen Printing business at the property located at 1830 Marschall Road, legal description on file. Applicant: Kevin Winter, 1830 Marschall Road, Shakopee Action: Conditional Use Permit #381 10) Discussion: Planning Commission Meeting Procedures/Policy 11) Discussion: Performance Standards Ordinance 12) Discussion: 1985 Planning Commission Schedule 13) Discussion: Gordon Hall Conditional Use Permit Violation 14) Informational Items: a) Planning Institute Conference b) Truck Parking ( 1 P1 a.= n.r; �'S?�77?? chi nnc?rc �nPak (lilt d) Planner's Trivia e) 15) Adjournment Judi Simac City Planner CITY OF SHAKOPEE SHAKOPEE RACETRACK COST SUMMARY OFFSITE IMPROVEMENTS Printed: 26 -Oct -84 Project Estimated Cost or Contingency Total Cost Difference Cost in EIS Revised Estimate Encumbered 1. Valley Park Drive and 12th Avenue (4,7) $920, 000.00 Trunk Highway 101 Intersections (1, c, 3, 9 ) $705,000.00 3. Shenandoah Drive (5) $255,000.00 4. County Road 83 Widening (6) $185,000.00 5. 4th Avenue, Co. Rd. 83 - Racetrack Entrance (8) $274,000.00 E. Right of Way Cost for 4th Avenue 7. Railroad Crossing Cost $755,156.50 $75,516.00 $830,672.50 $89,327.50 $358,830.15 $35,883.00 $394,713.15 $310,286.85 $237,972.30 $23,797.00 $261,769.30 ($6,769.30) $162,713.00 $16,271.00 $178,984.00 $6,016.00 $249,091.00 $24,909.00 $274,000.00 $0.00 $45,000.00 $45,000.00 $218,182.00 $21,818.00 $240,000.00 ($240,000.00) -------------------------------------------------------------------- Total Construction Cost$2, 339, 000.00 $2,026,944.95 $198,194.00 $2,225,138.95 $158,861.05 8. Engineering, Legal and Contingency Cost $390,000.00 $390,000.00 $390,000.00 $0.00 9. Right of Way Costs for Shenandoah Drive $150,000.00 $150,000.00 $150,000.00 $0.00 TOTAL AUTHORIZED COSTS $2,879,000.00 $2,566,944.95 $198,194.00 $2,765,138.95 $158,861.05 10.4th Avenue, Racetrack Entrance - Shenandoah —Additional Right -of -Way 4th Avenue 12.Additional Technical Services - 4th Avenue 13.Possible Signalization of TH 1.01 and Co. Rd. 83 $200,000-00 $22,013.00 $222,013.00 ($222,013.00) $40,000.00 $40,000.00 ($40,000.00) $53,680.00 $53,680.00 ($53,680.00) $110,000.00 $110,000.00 ($110,000.00) GRAND TOTAL $2,879,000.00 $2,970,624.95 $220,207.00 $3,190,831.95 ($266,831.95) NOTES: 1. Increased Cost of Fourth Avenue is due to pavement failure noted in Braun Engineering Company tests and is due to the required realignment of the vertical profile. 2. Possible Signalization of TH 101 and Co.Rd. 83 is included because there is a potential that this may meet warranty by 12/31/85. 3. Bids were almost half of the estimated cost because two signalization projects did not meet warrents. 4. Revenues to offset the costs above are listed below: Revenue Amount a) Bond Sale $C.,445,325.00 b) K Mart TIF District $310,000.00 c) MnDOT Grant $7$,000.00- d) 7$,000.00d) Minnesota Racetrack Inc. for Shenandoah south of 4th Ave. $88,000.00- e) Municipal State Aid $225,000.00 IF) Immediate Special Assessment $177,000.00 TOTAL REVENUE $3, 323, 325.00 TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA NOVEMBER 6, 1984 Mayor Reinke presiding 11 Roll Call at 8:00 P.M. (after polls close!) 21 Recess for H.R.A. Meeting 31 Reconvene 41 Liaison Reports from Councilmembers 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 61 Approval of Consent Business - (All items listed with an asterick are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so request;, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda.) *71 Approval of the Minutes of October 15th, 16th, and 29th, 1984 81 Communications: a] Virgil Mears, Murphy's Landing re: need for increased community support b] Chuck Dustrud, Scott County Human Services re: deputy health officer 91 Public Hearings: 8:30 P.M. Appeal from Shakopee Board of Adjustment and Appeals' approval of a variance from setback requirements, requested by Clete Link for Lots 6 & 7, Block 2, East Shakopee. (1st and Market Sts.) 101 Boards and Commissions: Energy and iranaportat-fon Cc3rti[1lLssic3n: a] Van Pool Back-up Vehicle *b] Shakopee Area Transit Policy Decisions Cable Communications Commission: *c] The Cable Television Information Center d] Metro -Area Interconnect Commission 11] Reports from Staff: a] Single Family Mortgage Revenue Bond Program - Res. No. 2341 b] Approve Specs & Authorizing Ad for Bids for Front End Loader c] Procedures for Hiring City Employees d] Hiring A City Mechanic *e] Shenandoah Drive Right -of -Way Condemnation Awards *f] Investment Brokers g] Hiring Accounting Clerk h] Authorize Payment of Bills in Amount of $92,570.41 *i] Hwy 101 Bypass Right -of -Way Acquisition - Ken Lewis & Assoc. Contract Extension j] 4th Avenue Reconstruction (Racetrack Off Site Improvements) k] Improvements to Alley in Block 20, City of Shakopee *1] 84-6 Fifth Ave. San. Sewer - Change Order No. 1, $315.66 increase *m] 84-4 Shenandoah Drive - Change Order No. 1, $2,492 increase *n] 84-4 Shenandoah Drive - Change Order No. 2, $980 increase *o] 84-4 Shenandoah Drive - Change Order No. 3, $850 increase p] TH-101 Service Road Engineering Costs *q] Appointment to Board of Directors of Shakopee Community Access Corp. r] Nominations to Fill Vacancy on Planning Commission *s] Daily issuance of Citations *t] School Crossing Signals u] Scott Carver Economic Council Rental of city property - memo on table 121 Resolutions and Ordinances: *a] Res. No. 2339, Entering Into Community Energy Council Grant Agreement *b] Res. No. 2335, Amending 1984 Budget *c] Res. No. 2340, Adopting 1985 Budget *d] Res. No. 2338, Denying Muhlenhardt Petition for Vacation of Easement *e] Ord. No. 152, Amending City Code Permitting Consumption of Liquor up to 30 minutes after sale thereof 131 Other Business: 14] Adjourn to Thursday, November 8th at 5:00 P.M. to canvass ballots John K. Anderson, City Administrator TENTATIVE AGENDA Housing Authority in and for the City of Shakopee, Minnesota City Hall Council Chambers Special Session November 6, 1984 Chairman Colligan Presiding 1. Roll Call at 8:00 P.M. 2. Accept Special Call 3. Approval of the Minutes of October 29, 1984. 4. Adopt Resolution No. 84-18 - A Resolution Calling a Public Hearing on the Issuance of the Authority's Tax Increment Revenue Bonds "Shakopee Racetrack Project" 5. Other Business 6. Adjourn Jeanne Andre Executive Director CITY OF SHAKOPEE INCORPORATED 1870 129 E. First Ave. - Shakopee, Minnesota 55379-1376 (612) 445-3650 November 2, 1984 Housing and Redevelopment Authority in and for the City of Shakopee Shakopee, MN 55379 Chairman Dean Colligan has notified me, Jeanne Andre, Executive Director of the Shakopee HRA, that a Special Meeting of the HRA will be held at 8:00 P.M. on Tuesday, November 6, 1984, in the Council Chambers of the City Hall to consider a resolution calling a public hearing on the issuance of the Authority's Tax Increment revenue bonds "Shakopee Racetrack Project", and for any other business which may come before the HRA. If you are unable to attend at this time, please let me know. Sincerely, dean'n'e Andre Executive Director Shakopee HRA JA:tw CC: KSMM Shakopee Valley News Z -U Cable Television T 17 C t-1 C 0 r 1 L-1 f / r L-) (7 r c_ V a 0 u PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY SPECIAL SESSION SHAKOPEE, MINNESOTA OCTOBER 29, 1984 Chrm. Colligan called the meeting to order at 7:31 p.m. with Commissioners Wampach and Leroux present. Comm. Lebens and Vierling were absent. Also present were Mayor Reinke who arrived a few minutes after the meeting was called to order; John K. Anderson, City Administrator; and Rod Krass, Assistant City Attorney. Wampach/Leroux moved to accept the Special Call of the Chairman. Motion carried unanimously. Leroux/Wampach moved to approve the minutes of the October 15, 1984 meeting as kept. Motion carried unanimously. The City Admr. introduced Resolution No. 84-17, A Resolution Approving a Revised Assessment Agreement with Minnesota Racetrack, Inc., and Taking Certain Other Actions with Respect to the Contract for Private Development with Minnesota Racetrack, Inc. and Wood Kidner, the City's bond attorney, who explained the resolution and responded to the Commissioners' questions. Leroux/Wampach offered Resolution No. 84-17, A Resolution Approving a Revised Assessment Agreement with Minnesota Racetrack, Inc., and Taking Certain Other Actions with Respect to the Contract for Private Development with Minnesota Racetrack, Inc., and moved its adoption. Roll Call: Ayes; Wampach, Leroux, Colligan Noes; None Motion carried. The Chairman asked if there was any other business to come before the Commission. There was none. Leroux/Wampach moved to adjourn. Motion carried unanimously. Meeting adjourned at 7:37 p.m. John K. Anderson Acting Recording Secretary O'CO N N O R & HAN NAN PATRICK J. OCONNOR JOE A. wA LT[RS MES P.OMEA RA DOUGLAS J cRAN2EN ATTORNEYS AT LAW THOMAS A KELLER X MICHAEL E. MCGUIPE WILLIAM D. HULL DAVID W KELLEY DONALD S. ARBOUR CAROL N. PARK• e06 ERT J. CH RISTIANSON, JR. STEVEN J. T,MMER 3800 I O S TOWER RANK J. wAL2 MES R. DORSET ATO R LNDA C. SCH WART. CORDON K. GAYER - C RISTINA W. LEPS • ANDREW J. SHEA WILLIAM R.MCGRANN ARLIN B. 1^ -T. LTI RICHARD LEVANS 80 SOUTH EIGHTH STREET DOUGLAS M. CARNIVAL KENT E. RICH ICKEY EY T F;k. DOR,[ M. BENESH [VIN M USCN RU A.R.SH-R TEIN T THOMAS wKIDNER MINNEAPOLIS, MINNESOTA 55402-2254 HNA6 .SHORAN JOHN A. BURTON ROBERT A. BqU NIG VIRGINIA M. LORD JULEM R. LO.CORD S LAUREN R. LDNCROAN FREDERICK W. MORRIS WILLIAM E. FLYNN DANIEL L. WILES LESLIE T. SINNER (6 12) 341 -3800 01 cOUNB[L TELEX 29-0584 FRCOCR.CS W. THOMAS SUITE 4700, ONE UNITED BANK CENTER WILLIAM C. KELLY (1916-1070) 1700 LINCOLN STREET DENVER, COLORADO 80203 VELA20VEZ, 21 WRITERS DIRECT DIAL NUMBER (303) 830-1700 MADRID I, SPAIN 43 1 -31-00 343-1299 DAVID SUR LINOAME • LARRY D. GALLCG03 • TELEX 23543 MARTIN M. BERLINER • JCNCE L. THOMAS. ARNOLO R KAPLAN• JAMES E.G,GAX. LOCALC VSEL ROBERT WIEGANO II FRANK J. WIRGA- November 2, 1984 The City of Shakopee Attn: Mayor Reinke, Councilmembers and John Anderson, City Administrator The Housing and Redevelopment Authority in and for the City of Shakopee Attn: Chairman Colligan, Commissioners and Jeanne Andre, Executive Director 129 East First Avenue Shakopee,.Minnesota 55379 SUITE 600 1919 PENNSYLVANIA AVENUE N.W. WASHINGTON, D. C. 20006-3463 (202) 667-1400 PATRICK J. O'CONNOR PATRICK E.000NNELL- EDWARD W. BROOKE• JOHN J. FLYNN JOSEPH BLATCNFORO• THOMAS B. EVAN 9, JR.• H. ROBERT NALPCR • J„SEPN E. OILLON DONALD S. ARBOUR CAROL N. PARK• T OMAS H.0'INN• DAVID R. CLINCOFF• MICHAEL E. VEVE• JOHN J. MILES• RICHARD G. ORGAN MYLES J AM BROSE• JOSEPH E. PATTISON CHARLES W. GAR BISON ■- TERENC[ P. BOYL[ . STC. •ELAN• CORDON K. GAYER - C RISTINA W. LEPS • BRIAN THOMAS R. JOLLY •F. CORDON CC CHRISTOPHER BA RRY J. CUTLER• M, CMAEL J. CONLON• PETER C. KISSCL• FERRELVRSCN• MICHAEL J. F ENSTEs CMARN[Y RCGCNSTEIN• OF COUNSEL WILLIAM T. HANNAN JOSEPH F. CASTIELLO• Nor MEMBER OF -N SPR ♦AOMITTCD IN NIROINIA ONLY Re: HRA Resolution 84-18 Calling a Public Hearing and Issuance by the HRA of its Tax Increment Revenue Bonds (Shakopee Racetrack Project) Ladies and Gentlemen: Once again, I am writing the Council and Board of Directors with respect to the financing of the Canterbury Downs Racetrack Project. The City's and HRA's bonding activities with respect to the racetrack can generally be divided into three separate categories: (i) issuance by the City of the $90,000,000 Sports Facility Revenue Bonds (Shakopee Racetrack Project) to finance construction of the racetrack facility itself; (ii) issuance by the HRA and the City, respectively, of the K -mart Refunding Bonds and the City's General Obligation Tax Increment Bonds to finance construction of the off-site road improvements related to the racetrack; and (iii) the proposed issuance by the HRA of its Tax Increment Revenue Bonds to finance the acquisition from and re- conveyance to Minnesota Racetrack, Inc. of the racetrack site to provide tax increment financing for on-site public development costs related to the racetrack. The Council's and HRA's required actions with respect to the bonds referenced in clauses (i) and (ii) of the preceding sentence have been substantially completed. The purpose of this letter is to inform the Council with respect to the status of the final remaining bond issue, the HRA's revenue bonds to finance the on-site improvements, and to explain the reason for calling the public hearing referenced in the attached Resolution 84-18. November 2, 1984 Page 2 As you are aware, pursuant to the Contract for Private Development between the City, HRA and MRI, the City and HRA have agreed to issue tax increment bonds to finance the acqui- sition and resale of the racetrack site and to finance a por- tion of the costs of the on-site public improvements related to the racetrack. It was originally intenders that the net amount provided to MRI in tax increment for the on-site improve- ments would be $6,000,000, $3,000,000 in the form of a grant and an additional $3,000,000 in the form of a loan secured by a prom- issory note and second mortgage on the property. As you are also aware, pursuant to the October 15, 1984 agreement between the City, HRA and MRI, MRI has agreed to utilize any arbitrage earnings on the Series B Sports Facility Revenue Bonds, to the extent practi- cal, to reduce the loan portion of the tax increment subsidy. Pursuant to the most recent discussions between representatives of MRI, Rod Krass, myself, Jim Casserly and Bob Pulscher, it now appears that the net on-site tax increment subsidy will be one of the following two alternatives: (i) $4,000,000, including a $1,000,000 loan secured by a mortgage and note; or (ii) $3,000,000, with no loan component. MRI expects to confirm one of these two alternatives within the next two weeks. Because of changes in the federal tax laws enacted by the Federal Deficit Reduction Act of 1984 subsequent to enactment of the Development Contract February 28, 1984, and amended thereof on June 12, 1984, if the final structure of the on-site revenue bonds includes a loan component, it will be necessary to issue these bonds as bonds which for federal tax purposes only consti- tute "industrial development bonds." This is because the Deficit Reduction Act denied tax exempt status to a newly defined category of bonds called "consumer loan bonds," being municipal bonds of which a significant portion of the proceeds of which are used to finance loans to non-exempt persons; industrial development bonds are specifically excluded from the prohibition on consumer loan bonds. Because the HRA's proposed reconveyance of the racetrack site to MRI subject to a promissory note and mortgage can be analogized to a real estate loan transaction, in the absence of regulations interpreting the consumer loan bond provisions, we believe it is prudent -to make the revenue bonds IDB's for federal tax purposes, thereby exempting them from the consumer loan bond provisions. This is accomplished simply by increasing the guarantee of debt service by the principal of MRI from. 250 of the bonds to 26%. I wish to stress that these actions will not affect the characteri- zation of the tax increment revenue bonds under State law. They will still be issued under and subject only to the requirements of the Tax Increment Financing Act for State law purposes, and not subject to the requirements of Minncsota Statutes, Chapter 474, for industrial development bonds. If in fact the loan com- ponent is eliminated from the tax increment financing, the guaran- tee will remain at 25% and this entire issue is avoided. November 2, 1984 Page 3 The preceding discussion of some of the more esoteric fea- tures of municipal bond law is necessary for me to explain why the HRA is being requested to call a public hearing on the issu- ance of these bonds December 4, 1984. Federal tax law requires both that the issuer of industrial development bonds take some preliminary "official action" with respect to a project and that a public hearing be held on the issuance of the bonds prior to their final approval. We believe that approval of the Tax Incre- ment Financing Plan for Tax Increment District No. 4 (the race- track district) by the HRA together with execution of the Develop- ment Contract providing for issuance of the bonds constitute pre- liminary approval and "official action" for issuance of the bonds as satisfying the federal law requirements. We also believe that these actions constitute the preliminary approval necessary to grandfather the bonds, if issued as industrial development bonds, under the provisions of the Deficit Reduction Act imposing the volume cap on IDBs and from the provisions of the State Allocation_ Act providing for allocation of such volume cap. Therefore, the volume limitations of the State Allocation Act will not apply to the tax increment revenue bonds. However, the public hearings held with respect to the Tax Increment Financing Plan and the Development Agreement do not meet the notice requirements of applicable federal law. Therefore, we need to hold an additional public hearing by the HRA for which adequate notice in the form attached to the resolution is given. Of course, if there should be no loan component to the tax increment financing, this public hearing is unnecessary, but we may not know this in time to publish for the hearing. We also anticipate that the final resolution approving the bonds will be before the HRA on December 4 to be passed after conclusion of the public hearing. Closing is tenta- tively scheduled for December 6. The actual land conveyances will then follow sometime in December. Due to prior commitments, I will not be available to attend the meeting Tuesday night. However, if you would like to have someone there I will arrange for either someone from our office or from Piller & Schroeder to be there. Rod Krass is also generally familiar with these issues. In any case, please do not hesitate to call me if you have any questions. Very truly yours, Wood Kidner WK/pf Enclosure cc: Rod Krass Jim Casserly Robyn Hansen Bob Pulscher Jim Lockhart HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE COUNTY OF SCOTT STATE OF MINNESOTA RESOLUTION NO. 84-18 RESOLUTION CALLING A PUBLIC HEARING ON THE ISSUANCE BY THE AUTHORITY OF ITS TAX INCREMENT REVENUE BONDS (SHAKOPEE RACETRACK PROJECT) WHEREAS, pursuant to the Amended Contract for Private Development, dated June 12, 1984, between the Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota (the "Authority"), the City of Shakopee, Minnesota (the "City") and Minnesota Racetrack, Inc. (the "Company"), the Authority proposes to issue its Tax Increment Revenue Bonds (Shakopee Racetrack Project) (the "Bonds") to finance the acquisition and reconveyance of certain property located at the southwest corner of the intersection of Fourth Avenue and County Road No. 83 in the City (the "Project"): NOW, THEREFORE, BE IT RESOLVED by the Board of Commis- sioners as follows: 1. This Board will conduct a public hearing on the proposal to issue the Bonds and undertake and finance the Project, as described in the Notice of Public Hearing attached to and made a part of this resolution (the "Notice"). 2. The Secretary of the Authority is hereby authorized to cause the Notice or a notice in substantially the same form thereof to be published in the City's official newspaper and in a newspaper of general circulation in the City not more than 30 nor less than 15 days prior to the date of the public hearing specified in the Notice. ADOPTED BY THE COMMISSIONERS OF THE AUTHORITY ON NOVEMBER 6, 1984. ATTEST: Executive Director Chairman Notice of Public Hearing Tax Increment Revenue Bonds (Shakopee Racetrack Project) Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota Notice is hereby given that a public hearing will be con- ducted by the Board of Commissioners of the Housing and Redevel- opment Authority in and for the City of Shakopee, Minnesota (the "Authority"), at the City Hall, 129 East First Avenue, Shakopee, Minnesota, at a meeting of the Authority to be held on December 4, 1984, commencing at 7:00 p.m., Central Time, on the issuance by the Authority of its Tax Increment Revenue Bonds (Shakopee Racetrack Project) (the "Bonds") to finance a portion of the public redevelopment costs associated with the acquisition and construction of an approximately 390 acre horseracing facility (the "Project") by Minnesota Racetrack, Inc., a Minnesota cor- poration (the "Company"), pursuant to a contract for private development executed between the Authority, the Company and the City. Pursuant to the contract for private development, the Company has committed, among other things, to construct the Project and cause to be provided certain guarantees with respect to payment of a portion of debt service on the Bonds. The Project will be located at the southwest corner of the intersection of Fourth Avenue and County Road No. 83 in the City. The Bonds will be issued in an amount presently estimated not to exceed $6,000,000. The Bonds will be payable from tax increment generated by construction of the Project and from certain payments made by or on behalf of the Company. The Bonds will not consti- tute a charge against the general credit or taxing powers of the City of Shakopee or the Authority. All persons appearing at the public hearing will be given an opportunity to present their oral or written comments on the proposal that the Authority issue the Bonds to finance a portion of the Project. AUTHORIZATION FOR DISBURSEMENT OF PROCEEDS TO PAY COSTS OF ISSUANCE Re: $3,140,000 Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota Tax Increment Revenue Refunding Bonds, Series 1984 The undersigned, Dean Colligan and Jeanne Andre, Chairman ana t;xeciutive -uirector, respectively, -o'= arta re- development Authority in and for the City of Shakopee, Minne- sota (the "Authority") hereby authorize and direct you to disburse the following amounts to the following named persons from the Cost of Issuance Fund created under Section 4.03 of that certain Indenture of Trust, dated as of October 1, 1984, between the Authority and First Trust Company of St. Paul with respect to the above -captioned bonds (the "Bonds"): PAYEE AMOUNT O'Connor & Hannan $ 23,528.56 Springsted Incorporated 10,000.00 Holmes & Graven 20,000.00 Fox & Company 4,800.00 First Trust Company of St. Paul 2,915.00 K.F. Merrill Company 1,599.00 K.F. Merrill Company 4,880.80 Finance and Commerce 53.82 The undersigned hereby certify that the above -listed sums are the bills received to date with respect to the cost of issuance of the Bonds as described in Section 4.03 of the In- denture, and that the originals of such bills are attached hereto. You are hereby authorized and directed to pay such amounts directly to the payees listed above. Dated: October 30, 1984. HOUSING AND REDEVELOPMENT AUTHORITY By Its Chairman and By Its Executive Director l OFFICIAL PROCEEDINGS OF THE CITY COUNCIL SPECIAL SESSION SHAKOPEE, MINNESOTA OCTOBER 15, 1984 Mayor Reinke called the meeting to order at 7:04 p.m. with Cncl. Wampach, Colligan, Lebens, Vierling and Leroux present. Also present were Rod Krass, Asst City Attorney; John K. Anderson, City Admr; Judith S. Cox, City Clerk and Jeanne Andre, Community Develop. Dir. Leroux/Vierling moved to accept the special call of the Mayor. Motion carried unanimously. Vierling/Wampach moved to recess for an HRA meeting. Motion carried unanimously. Wampach/Leroux moved to re-convene at 7:45 p.m. Motion carried unanimously. Leroux/Vierling offered Resolution No. 2331, A Resolution Authorizing an Agreement to Amend, Modify and Change Prior Agreements, and moved its adoption. The Ass't City Attorney summarized the resolution. Roll Call: Ayes; Reinke, Wampach, Leroux, Colligan, Vierling Noes; Lebens Motion carried. Colligan/Leroux offered Resolution No. 2327, A Resolution Amending Tax Increment Pledge Agreement Respecting the City's $2,490,000 General Obli- gation Tax Increment Bonds, Series 1984A, and moved its adoption. The Asst City Attorney summarized the resolution. Roll Call: Ayes; Wampach, Vierling, Colligan, Leroux, Reinke Noes; Lebens - Motion carried. Leroux/Vierling offered Resolution 2332, A Resolution Authorizing a Project Under the Minnesota Municipal Industrial Development Act and the Issuance of Sports Facility Revenue Bonds to Finance the Project, and moved its adoption. The Asst City Attorney summarized the resolution regarding $90 million IR Bonds. Roll Call: Ayes; Colligan, Vierling, Reinke, Wampach, Leroux Noes; Lebens Motion carried. Mr. Brooks Fields expressed the gratitude of the racetrack developers for the cooperation of the City staff and City Council in all aspects of this project and his belief in a successful project over the years. He stated they will not let the City down, and appreciate all the support. Leroux/Colligan offered Resolution No. 2333, Amending Resolution No. 1913, Adopting a Procedure for Hiring City Employees, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Lebens/Vierling moved to accept the resignation of Jean Seckinger effective October 26, 1984 and authorize filling the position with the 5-day posting to be concurrent with the advertisement. Motion carried unanimously. The City Admr. informed Councilmembers that the City of Fridley is request- ing the City of Bloomington's IDB allocation which it received from Shakopee, as the Bloomington project is not going through. There will be more infor- mation on this at the next meeting. He stated it is definitely a benefit to Shakopee to keep its entitlement. Leroux/Lebens moved to adjourn. Motion carried unanimously. Meeting ad- journed at 8:05 p.m. Judith S. Cox City Clerk Diane S. Beuch Recording Secretary a OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA OCTOBER 16, 1984 Mayor Reinke called the meeting to order at 7: 00 p.m. with Cncl. Leroux, Lebens, Wampach, Colligan and Vierling present. Also present were John K. Anderson, City Admr. ; Judith S. Cox, City Clerk; Jeanne Andre, Comm. Develop. Dir.; H. R. Spurrier, City Engineer and Judi Simac, City Planner. Julius A. Coller, II, City Attorney, arrived later. Mayor Reinke asked if there was anyone present in the audience who wished to address the Council on any item not on the agenda, and there was no response. Colligan/Wampach moved to approve the minutes of September 11, 1984, September 18, 1984 and October 2, 1984 as kept. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Vierling moved to approve the minutes of September 25, 1984 as kept. Roll Call: Ayes; Vierling, Wampach, Leroux, Reinke, Colligan Noes; None Abstain: Lebens Motion carried. Mr. Don Link stated he is employed by Rubber Industries and that in Janu- ary of 1983 he appeared before the City Council and asked for a road from Rubber Industries to 4th Street, to be used in the event of an emergency and the main road is blocked by a train. He said there has been no action taken on this matter. He said that in the summer, access can be gained through a dirt back road, but he is more concerned now with winter coming up. He would like to at least get a fire lane plowed. The City Admr. answered that because of the other workload of the City, they have had this item as a low priority, and it doesn't look like there will be time between now and the end of the year to get it done. Discussion followed regarding working cooperatively with the neighboring property to build and maintain a fire lane to the townhouses, to be done privately, as the City cannot maintain private roads. In the meantime, the City will continue to look at the situation. Colligan/Wampach moved to accept the Planning Commission recommendation regarding the Harmon .Harrison and Brooks Superette request, and deny the request to rezone from R-4 to B-1. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Wampach moved to accept the Planning Commission recomendation regarding the Carl Lindstrand request, and to deny the request for re- zoning from R-4 and B-2 to B-1. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Wampach moved to accept the Planning Commission recommendation regarding the Cletus Link request, and to deny the request for rezoning from B=2 to B-1. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Wampach moved to accept the Planning Commission recommendation regarding the City of Shakopee's request to rezone from R-4 to I-1, and to note that the rezoning has been approved as per Ordinance No. 151. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Planner went over the b'ackground of the final plat of Century Plaza Square 2nd Addition, in which the developer is asking for recon- sideration in order that he might proceed with the development of two lots within the plat while pursuing different alternatives with the rest of the plat. She went over various alternatives the Council can consider. She added that the Ass't City Attorney advises requiring the additional 10 feet 1 Shakopee City Council October 16, 1984 Page 2 right-of-way dedication along CR 17 on the west side of Outlot B, as now would be the time to address that dedication. The City Attorney arrived and took his seat at 7:25 p.m. The City Admr. said the developer is concerned that if this dedication is on the Final Plat and if he signs a Developer's Agreement regarding con- struction of auxiliary turning lanes, he will be jeopardizing any chance to address it again. Clete Link, the developer, stated the reason for the re-plat is the motion that was previously made regarding the extra 10 feet for the auxiliary lanes on the west side of CR-17. He said his attorney advised him not to turn over the 10 feet on the West side of Outlot B at this time because it would be like handing the City a blank check for anything they wanted to do on CR17 at his expense. So he put this property in an Outlot to have time to discuss it further and find out who is liable for what and how much. Discussion followed regarding the intersection of CR16 and CR17. The City Planner said the intersection would remain as it is at this time. Mr. Link had no problem with the dedication of 17 feet on CR16. Lebens/Leroux offered Resolution No. 2329, A Resolution Approving the Final Plat of Century Plaza Square 2nd Addition, and moved its adoption. The City Admr. summarized the resolution. Colligan/Leroux moved to amend the resolution so that paragraph no. 8 would have the last sentence changed to read "The dedication of an addi- tional 17 feet of right-of-way where Outlot B abuts CSAH 16 shall be de- dicated at this time, along with the west 10 feet." Motion to amend carried unanimously. Timing was discussed in regards to development if this change is made on the hard shell. Alternatives were suggested for a separate agreement for the additional dedication. Leroux/Vierling moved to table Resolution No. 2329 for further research, to be brought back later tonight. Motion carried unanimously. The City Admr. went over the background of the request for vacation of utility and roadway easement by Linda Muhlenhardt. He explained the use of the drive-way in question and the private and public easement involved. Mr. Walt Muhlenhardt asked about electrification of certain lots. The City Engineer responded that the City customarily reserves utility rights when property is vacated. Leroux/Wampach moved to open the public hearing regarding the request by Linda Muhlenhardt to vacate certain utility and roadway easement. Motion carried unanimously. Mayor Reinke asked if there was anyone in the audience who wished to com- ment on this item. Mark Stafford stated he is representing the petitioner, and it is her con- tention that the roadway is purely private as it is landlocked and only serves the two properties. He stated the notice for the original variance request only referred "to the rear property line setback and did not address access. The petitioner would have been present for that hearing if she had realized the use of her roadway easement was being approved with Mr. Keith's variance. She contends a separate variance should have been issued for access purposes, in addition to the one for rear yard setback. They also question .whether the easements were properly dedicated. He added that the reason they withdrew the lawsuit was to proceed with the vacation process. The City Admr. pointed out the Asst City Attorney's answers written in his letter relavent to specific issues raised. He gave some additional background regarding the dedication of the easement, which had to be done to get a building permit. Subsequently P:r. Muhlenhardt made flag lots of the two lots to front a dedicated public street, Horizon Drive. Shakopee City Council October 16, 1984 Page 3 The City Attorney stated there are all kinds of ways of accepting dedi- cated easement. The fact that the City as a result of the dedication, issued a building permit is an indication of acceptance. Ms. Muhlenhardt said the building permits were issued because of the flag lots, not the easement. Mr. Keith stated he has been through a lawsuit and harrassment because of this issue. He feels he has gone through the proper procedure for building a home in Shakopee. He stated that when he became aware that he needed a.variance to build a home closer to the lot line than allowed he applied for the variance, notices were sent and the hearing held. Ms. Muhlenhardt did not appear at that hearing. He was granted a use of the easement, whether private or public. He stated he wants to access his property from the rear, but in the winter time he needs this easement to permit him to enter from the North. Without the easement the property is of no use to him. He stated he is building a $130,000 home on that property, which is three-fourths completed at this time. Colligan/Wampach moved to close the public hearing. Motion carried unani- mously. Leroux/Vierling moved to direct staff to prepare an appropriate resolu- tion determining that the easement is in the public interests and de- clining to vacate it. Motion carried unanimously. Vierling/Wampach moved to remove from the table reconsideration of Century Plaza Square 2nd Addition. Motion carried unanimously. The City Engineer stated the matter would be resolved if the right-of- way on CR16 of 17 feet is dedicated by a separate recordable document rather than being included in the hard shell of this plat. Leroux/Wampach moved to reconsider the amendment to Resolution No. 2329. Motion carried unanimously. Leroux/Vierling moved that the amendment be changed to stipulate that paragraph no. 8 of the resolution be changed to read "The dedication of an additional 17 feet of right-of-way along CR16 and the sliver of land on the north end of Block 2 be dedicated under separate agreement with the developer and signed prior to the signing of the hard shell." Motion to amend carried unanimously. Resolution No. 2329 as amended: Ayes; Unanimous Noes; None Motion carried. Leroux/Vierling moved for a 5 minute recess at 8:30 p.m. Motion carried unanimously. Leroux/Lebens moved to re -convene at 8:36 p.m. Motion carried unanimously. Leroux/Lebens moved to receive the Signal Justification Report from Scott County Highway Department for CSAR 17 at CSAH 16 North Junction, and file the report with the Engineering Dept. Mayor Reinke asked if there was anyone in the audience who wished to com- ment on this item, and there was no response. Motion carried unanimously. Discussion followed_re�Lardin_�L the Huber Park TraiL Ohaervation Platform_ project, as far as the cost of the program, its merits and the limited number of firms that can do this work in the floodplain. The City Engi- neer stated that the plan is to eventually extend the platform across the river to join with the trail system. Vierling/Lebens moved to authorize Barr Engineering to undertake prelimi- nary design of the Huber Park Trail Observation Platform, including col- lection of information, preliminary design options and drainage and bank stabilization at a lump sum price of $4,200 to be paid from the Huber Park Trail Enhancement Project (grant and park reserve funds). lel l !''—I J2¢`�¢�� T?r_�^_•_�11'::�c TT c� kk-^F'_ Shakopee City Council October 16, 1984 Page 4 Leroux/Wampach moved to authorize the proper an agreement with Creative Landscaping, Inc. Trail Restroom for $849.25. Roll Call: Ayes; Unanimous Noes; None City officials to enter into for landscaping at Huber Motion carried. The Comm. Develop. Dir. stated that because of the number of property owners indicating an interest in development in the Market Street/Fourth Avenue area, a public meeting was held with people in the area. At that meeting no specific projects or costs were presented, and some property owners indicated they would like to see some project and some did not. She identified two areas of study which could represent projects that could be done independently. She presented further information for back- ground. Cncl. Leroux pointed out that the minority property owner is the only one negatively affected and that property owner is against any project in the area. Mayor Reinke said he would like to have addressed the issue of who nays for feasibility reports that turn out to be not feasible._____ 'or comments from the audience. Mayor Reinke asked :d that he owns a piece of property that he has been many years and if he can't develop a single family come in and sk for a multiple dwelling. :d he has the same situation where he is paying taxes one property owner is stopping him from developing he petition for improvement on Market Street is over :re has been some changes in 3 of the family dwellings might affect the percentages of landowners for and Also, he clarified that the petition was just for im- avel portion of 5th Ave. to Filmore, but not past ;ngineer addressed the feasibility report previously ted out the utilities could not terminate at 5th. Mr. Gene Brown state paying taxes on for home on it, he will Mr. Dean Smith state on some property and it. Cal TenEyck stated t 2 years old, and the in that time, which against a project. provements to the gr Filmore. The City E conducted which poir. �e just doesn't want to develop any of his land right Ed Siebenaler said h a place for his equipment, as he can't keep it on now. He has to have d like to keep the land for his boys, if they want it. the street. He woul 'elop it someday, but he is just not ready now. He might want to dev hey own the land on both sides of 5th Street and they lot of assessment if 5th is taken to Market. They street. The City Engineer explained that this Coun- ,e to this issue, and if 5th was extended, they would f the street as the City would acquire anything south of -way of that roadway. if there were any circumstances under which the Ten development. He thought the City could set up a ve package for deferment of assessments or some other nEyck said they would consider any alternatives, but and and a lot of family, and they live off their land. d to direct staff to investigate further possibilities . the TenEycks, considering the railroad property also. nsued regarding the railroad property, multiple zoning on of the TenEyck property if 5th does go through, as e improved or acreage. Motion carried unanimously. should be able to block 6th going through like the �g 5th. Mayor Reinke responded that the City would be him regarding alternatives for developing without trough. A to table further discussion of the Market Street -ther information is received from the negotiations Motion carried unanimously. Mr. TenEyck stated t would have to pay a don't want to own a cil is very sensitiv have only one side c of any future right - The City Admr. asked Eycks would consider financially attracti alternative. Mr. Te they have a little 1 Colligan/Leroux move for development with Further discussion e and the classificati far as if it would h Mr. Smith stated he TenEycks are blockir willing.to talk with that street going th Leroux/Colligan move Study Area until fuz with the TenEycks. Shakopee City Council October 16, 1984 Page 5 Leroux/Vierling moved to direct the City Engineer to study storm sewer issues as requested by the Downtown Committee, and come back with a re- comm.enJarion. This would include an assessment of what is currently in downtown and how much work is going to be needed. Motion carried unaninously. Leroux/Vierling moved to direct the Recording Secretary to move up item no. 10a, Resolution No. 2328, which was voted on in the consent agenda, to this point in the meeting. Motion carried unanimously. Colligan/Wampach offered Resolution No. 2328, A Resolution Amending the City of Shakopee Personnel Policy Adopted by Resolution No. 1571, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Wampach moved to direct appropriate City officials to execute an employment contract with Barry Stock, effective October 15, 1984. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Wampach moved to nominate Mr. Clifford Stafford to the Board of Directors of the Shakopee Community Access Corporation, Inc. to fill the unexpired term of Barbara Hegfors until January 31, 1984. Roll Call: Ayes; Unanimous Noes; None Motion carried. Cncl. Colligan questioned the expense of renovations to make City Hall accessible for the handicapped when Council has appointed a siting com- mittee to look for a new site for a new City Hall in the near future. The City Admr. replied that the report with the self-evaluation has to be filed by tomorrow, but possibly compliance in structural changes could be continued until a new City Hall is built. 'Jierling/Colligan moved to accept the report submitted by staff dated October 12, 1984 on the City of Shakopee's intent to with the l?s handicapped regulations implementing Sec. 504. Motion carried unanimously. The City Engineer presented background on the change order requested for Valley Park Drive and 12th Avenue. He explained that to avoid condemna- tion proceedings that would be expensive and time-consuming, he is pro- posing to change the storm sewer in such a fashion that right-of-way is not needed from that certain property. The City Admr. explained that these are a part of the off-site track improvements, and technically all consulting engineers are working for the City. The City Engineer added that this is an assessable cost. Colligan/Leroux moved to approve Change Order No. 3 for Valley Park Drive and 12th Avenue, in the amount of $6,535.95. Roll Call: Ayes; Unanimous Noes; None Motion carried. Vierling/Lebens moved to authorize the proper City officials to execute Change Order No. 1 for the Horizon Heights Drainage Project, for a total increase of $3,729.60. Roll Call: Ayes; Unanimous Noes; None Motion carried. CoLLigan{Lebens moved to delete the City HaLL energy saving items in the amount of $341.00. Motion carried unanimously. Lebens/Leroux moved to authorize the Building Inspector to enter into a contract with Advanced Energy Systems, Inc. to perform the energy saving work outlined in their proposal dated October 10, 1984 (less the City Hall) for the sum of $3,659 and to direct the Finance Director to amend the budget by $3,659 to cover this expenditure from 1984 contingencies. Roll Call: Ayes; Unanimous Noes; None Motion carried. Discussion ensued regarding the establishment of a policy for maintaining parks or leaving some in their natural state. The City Admr. said he will bring that up for discussion when the Six Year Park Improvement Plan is discussed. Shakopee City Council October 16, 1984 Page 6 Colligan/Wampach moved to authorize the appropriate City officials to enter into an agreement with Busse Construction, Inc. to perform grading and restoration of Timber Trails Park in the amount of $10,300.00. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Vierling moved that the bills in the amount of $926,578.18 be allowed and ordered paid. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Attorney reported that the original citation against Wm. B. Otting for a code violation was lost by County Court and a new complaint has been filed, the defendant has gone through the preliminary proceed- ings and pled not guilty. Leroux/Vierling moved to direct staff to prepare a policy regarding daily ticketing of code violations of parking a house in an illegal area. Motion carried unanimously. Vierling/Wampach moved to accept the recommendation of Chief Brownell that the establishment of Richard's Pub would have its license suspended for any further violations within one year, and this notification be sent to the establishment via certified letter. Motion carried unanimously. The City Attorney stated he feels 55q per square foot is a little high for the railroad property, when it is compared against the other property. Discussion followed regarding the interests of the Housing Alliance and the TenEycks in this railroad property. The City Admr. suggested accept- ing the price for the property.the Housing Alliance is interested in since that is a smaller piece and they are anxious to proceed, but then negoti- ating a reduced price for the rest while discussing it with the TenEycks and Gelhayes. Leroux/Colligan moved to accept the offer of the Milwaukee Road railroad of 55G per square foot on the parcel adjoining the two lots north of 4th Avenue and east of Spencer Street, and that the City Attorney be directed to enter into negotiations with the railroad for that portion extending from Filmore Street southeast to Market Street at a price less than 55G per square foot. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Attorney said a lawsuit has been started against Quality Waste Control and Thomas Lee Johnson, and the papers are in the hands of the Scott County Sheriff. Colligan/Wampach offered Resolution No. 2325, A Resolution Establishing a Pay and Benefit Agreement for Police Sergeants for 1984. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Wampach offered Resolution No. 2326, a Resolution Relating to County Road Policies, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Wampach offered Resolution No. 2330, A Resolution Authorizing the Purchase of Railroad Right-of-way for Shenandoah Drive, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Wampach offered Resolution No. 2324, A Resolution Establishing the City of Shakopee's Need for the Shakopee Trunk Highway 101 By -Pass and the Shakopee Trunk Highway 169/101 Junction Improvements, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Wampach offered Resolution No. 2323, A Resolution Supporting Scott -Carver Economic Council's "Give Where You Live" Campaign, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Shakopee City Council October 16, 1984 Page 7 Leroux/Wampach moved to approve Change Order No. 2 in the amount of $400 for an extension of the drainage system for JEJ drainage. Roll Call: Ayes; Wampach, Leroux, Reinke, Vierling, Colligan Noes; Lebens Motion carried. Leroux/Colligan moved to authorize the payment of Partial Estimate Voucher No. 2 to S.M. Hentges and Sons, in the amount of $6,925.50. Roll Call: Ayes; Colligan, Vierling, Reinke, Leroux, Wampach Noes; Lebens Motion carried. Colligan/Vierling moved to authorize Toni Warhol to take a leave without pay on October 18 and 19, 1984. Motion carried unanimously. Vierling/Leroux offered Resolution No. 2334, A Resolution Relating to Industrial Development Revenue Bond Issuance Authority; Authorizing the Issuance of Revenue Bonds by the City of Fridley, Minnesota, Pursuant to the Bond Issuance Authority of the City and Approving the Execution of Documents Necessary Therefor, and moved its adoption. Leroux/Vierling moved to direct the City Attorney to add to Resolution No. 2334 a paragraph stating that this resolution repeals Resolution No. 2320. Motion to amend carried uanimously. Roll Call on Resolution No. 2334 as amended: Ayes; Unanimous Noes; None Motion carried. Colligan/Wampach moved to authorize the appropriate City officials to execute the Entitlement Amount Allocation Agreement between Shakopee and the City of Fridley. 'ktil i c ZL1-.- y e 5',` 'uirdirrnti7Cts i'vU ; i�i3ii� i6tcJ t cJLr Edi"i eu . The City Engineer explained what has to be done in order to offer $890,000 to the property owner at the west end of the by-pass for right-of-way. Leroux/Colligan moved to authorize the proper City officials to enter into a loan agreement with the Metropolitan Council for highway right-of-way acquisition on a form that is approved by the Ass't City Attorney. (Property owner Frederick 0. Watson, loan agreement $895,603.00.) Roll Call: Ayes; Unanimous Noes; None Motion carried. Discussion ensued regarding new criteria for on -sale liquor licenses. The City Clerk stated it is her understanding that the criteria is the same for Class A and Class B in Burnsville, but they just reserve a certain number for operations in conjunction with a hotel/motel complex. The consensus was to look further at the Burnsville criteria, but maybe have a few other .examples and to include alternatives for different levels of service, seating capacity and food service. Further discussion followed regarding the handling of liquor licenses that are in existence now and will become available again. Consensus was to further research having goals of a certain number of license in different classes, requiring upgrading of facilities before issuance of licenses, limits on what the City can require when a business is sold or moves, ability to renew a liquor license during a time when the business is shut down for a reason unrelated to the license and the issuance of a license when there isn't a building constructed yet. These issues will be researched by staff and legal counsel, and brought back for further consideration. Colligan/Leroux moved to adjourn. Motion carried unanimously. Meeting adjourned at 11:12 p.m. Judith S. Cox City Clerk Diane S. Beuch Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL SPECIAL SESSION SHAKOPEE, MINNESOTA OCTOBER 29, 1984 Mayor Reinke called the meeting to order at 7:37 p.m. with Cncl. Leroux, Wampach, and Colligan present. Cncl. Lebens and Vierling were absent. Also present were John K. Anderson, City Admr.; Judi Simac, City Planner; LeRoy Houser, Building Official; Wood Kidner, Bond Attorney; and Rod Krass, Assistant City Attorney. Colligan/Leroux moved to accept the Special Call of the Mayor. Motion carried unanimously. The City Admr. briefly introduced Res. No. 2336, Approving the Subordination and Intercreditor's Agreement with Respect to Minnesota Racetrack, Inc. and Mr. Wood Kidner, the City's Bond Attorney, who outlined the Resolution. Mr. Kidner responded to Council questions regarding the Resolution. Colligan/Wampach offered Res. No. 2336, A Resolution Approving a Subordination Agreement and Intercreditor Agreement with Respect to the Contract for Private Development with Minnesota Racetrack, Inc., and moved its adoption. Roll Call: Ayes; Wampach, Leroux, Colligan, Reinke Noes; None Motion carried. The City Admr. introduced Res. No. 2337, Approving Execution of Supplemental Indentures and a Supplemental Loan Agreement with Respect to the City's $20,000,000 Sports Facility IR Bonds Series 1984-A(1) and $26,000,000 Sports Facility IR Bonds Series 1984-A(2) for the Shakopee Racetrack Project, and introduced Wood Kidner, the City's Bond Attorney who explained the Resolution. Cncl. Wampach asked what the bond rating for the IR Bonds was. Mr. Kidner replied that the Series 1984-A(1) received a triple A rating from Standard and Poores and Series 1984-A(2) received a Aaa rating from Moody's. Mr. Kidner emphasized that both of these ratings were the highest ratings achieveable because of the letter of credit provided by the developers guaranteeing these IR Bond issues. Cncl. Leroux asked if there was any effect on the Series B issue by the Series A issues. Mr. Kidner said there was not. Leroux/Colligan offered Res. No. 2337, A Resolution Authorizing a Project Under the Minnesota Municipal Industrial Development Act and the Issuance of Sports Facility Revenue Bonds to Finance the Project, and moved its adoption. Roll Call: Ayes; Wampach, Colligan, Reinke, Leroux Noes; None Motion carried. The Mayor introduced item No. 5 on the agenda regarding the Police Department heating unit. LeRoy Houser was present to address Council's questions. Cncl. Leroux asked Mr. Houser and the Assistant City Attorney about whether or not the heating system, since it was having such problems after only 9 years, shouldn't be paid for in part by the architect or the engineer. Mr. Houser indicated that after the system was installed the City had altered the system significantly to heat the upstairs which originally was designed for cold storage. The Assistant City Attorney said that such alterations made the City's case for architect and engineer participation in repairs or replacement very weak. There was considerable discussion about the long term capabilities of the present system, the availability of parts since the systems had been phased out by other users, the cutting into the roof if the roof was to be replaced next year, and other pertinent issues. Colligan/Leroux moved to continue use and maintenance of the present unit, to remove the taps for the upstairs heating unit and seek bids for a residential unit that would heat the upstairs of the Police Department. Motion carried unanimously. Leroux/Laurent moved to reject the bid of Associated Mechanical Contractors, Inc. for one roof top heating unit at $47,576.00 which came in significantly over the estimate. Motion carried unanimously. The Mayor introduced agenda item No. 6 regarding the hiring of a consultant to review an application for a conditional use permit for a mining permit. Judi Simac, the City Planner, was present and explained the alternatives regarding the hiring of a consultant in detail for Council. Ms. Simac also explained the difference between the 1981 application and the present application since the applications covered the same site. Cncl. Leroux asked who would do the Environmental Assessment Worksheet (EAW) or review the EAW and just how we might employ using a consultant. Mayor Reinke and Cncl. Leroux also discussed state and local laws that related to mining actitivies of the sort proposed. Mayor Reinke urged that the City look at the application as if it were a long term application with the possibility that the City could be faced with requests for amending and expanding the agglicatinu at a future date, Cncl. Leroux asked about the legal precedent that might be created if the City granted the initial permit even if it was for a smaller operation. The Assistant City Attorney summarized the facts as they related to establishing a precedent stating that any future application to amend the permit would have to stand on its own merits, but would have the advantage of following the initially approved permit. The Mayor summarized the possibility of using one consultant for the EAW and the second consultant, along with City staff, to review to review the EAW and any recommendations by the City Planner. Leroux/Colligan moved that the EAW be prepared by one City consultant and be reviewed by both City staff and a second City consultant and that all costs be borne by the applicant with the EAW done prior to issuance of any condi- tional use permit. Cncl. Leroux asked about whether or not the City could choose the consultant or whether or not that was an alternative the applicant should make. The Assistant City Attorney said that the City, as the responsible agency, could decide who would prepare the EAW. Roll Call: Ayes; Colligan, Reinke, Wampach, Leroux Noes; None Motion carried. Leroux/Wampach directed staff to explain to the applicant that the City was hiring consultants for review of the permit and EAW and that the consultant would be responsible for paying all bills and that the applicant would be requested to accept this condition by separate agreement, and moved its adoption. Roll Call: Ayes; Reinke, Wampach, Leroux, Colligan Noes; None Motion carried. The Mayor asked if there was any other business and the City Admr. responded that there was none. Wampach/Colligan moved to adjourn. Motion carried unanimously. Meeting adjourned at 8:37 p.m. John K. Anderson Acting Recording Secretary Judith S. Cox City Clerk s a Minnesota Valley Restoration of 1840 - 1890 2187 #12, Hwy. 101, Shakopee, Minnesota 55379 10-25-84 Shakopee City Council 1�* Mr. John Anderson, Administrator 129 E. First Avenue sk- , yaL 5533 g Dear Council Members: mt,;,g:- rpt 4ax� w!rtrr b++^S=s'F�2MdJ. a revitalization program which included extensive renovations and a program of trained interpreters. It was felt that we had reached a point where we needed to know if Murphy's Landing was a viable institution or whether we should just let it die a graceful death. As the year progressed we doubled our membership and improved our gate by 307%. However, it was costly to find out that educational tourist attractions do have a very important place in our society. We are at the point where we need increased community support if we are to survive. We have asked the county for increased help and we are asking the city to consider helping in any way possible. We have introduced many new ideas about how we may attract more visitors such as company picnics, we are meeting with other small museums from around the state together with the Minnesota State Historical Society to approach the state for a two year funding package, we have strengthed our relationship with the Scott County Historical Society and we will continue to look for grants and to solicit foundations for funds. We realize that the gate receipts of institutions such as ours will never pay the operational costs. What can you do? We aren't sure. Is it possible that some of the tax increment funds could be used at Murphy's Landing? Maybe there are other funds that could be used. We really need some support now. Those of us who have devoted much time and energy to this project are about at our wits end. We do not want �31 ju5C give up arra the Larrdirrg c ease ca exist. However , we cannot do it alone . If this community sees any value in Murphy' s Landing then it will need to extend a helping hand - we are asking for your help. On December 31 , 1984 it is anticipated that our debt will be approximately $80 ,000 . About $54 ,000 of this amount represents principal and interest to the First National Bank of Shakopee and the remaining $25 ,000 or so represents unmet bills . If we consider the over-all value of Murphy' s Landing this does not represent a large percent of the total and yet we must retire them. Please consider what you might do to help at this most crucial time . Thank you. Ci S * cerely, S . ears M/d CC : Mr. Maurice Stans SCOTT COUNTY HUMAN SERVICES or COURT HOUSE 320 SHAKOPEE, MN. 55379-1375 (612) 445-7751 PEG SUBBY - Assistant County Administrator Human Services October 23, 1984 Mr. John Anderson Administrator City of Shakopee Shakopee City Hall 129 Fast 1st Avenue Shakopee, MN 55379 Dear Mr. Anderson: OCT 2 4 1984 � Once a year we will be requesting each Scott County city to provide us with names of deputy health officer candidates to assist our County -Health OYYicer 'in meeting our county's pubfic *nedlfn neecls. 'Ptiis 'is not a requirement, but if you want to participate, please submit the name of a physician from your community who would be willing to serve as a deputy health officer. If you have any questions in regard to this request, please contact me on extension 404. If the physician you have in mind has any questions regarding the position, he or she may call Dr. Anthony Spagnolo, who is our current County Health Officer, at 445-1305. Sincerely, Chuck Dustrud Administrative Manager cc: Joseph F. Ries County Administrator Peg Subby Assistant County Administrator -Human Services Anthony Spagnolo, M.D. Medical Consultant/County Health Officer Tl1 'Pb?-- 7..tL.F C`.. .-1 �,r,n .a_ 7 ni i�tlI vi vi■ii611� YYc'u'i%.di 'i_L I W�j` Slli5lrt-1 IE!CI dS a candidate last year and was subsequently appointed by the County. He has agreed to continue in 1985. Action Recommended Submit the name of Dr. Thomas E. Luth to Scott County as a candidate to assist the County Health Officer in meeting the County's public health needs. MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac, City Planner RE: Appeal to Variance Resolution No. 380 DATE: November 1, 1984 Introduction: On October 4, 1984 the Planning Commission approved variance resolution no. 380 with two conditions. Subsequently an appeal letter was received by the City, in which the appellant states that the use is too intense for the lot size and that parking of disabled vehicles will become a problem. Background: The variance grants the applicant, Cletus Link, approval to construct an Amoco Transmission Building at 1st and Market St. case report) tions in the case include: ter from MnDOT in which they ranted off of T.H. 101. They equate for access. was understood that there would n the building, therefore twelve required. At that time the appli- paces on the plan. c hearing, the applicant informed e six service areas, which would ing areas. Even with the setback applicant could not receive a e could provide 24 parking spaces. he building has submitted a proposal does not include the use of the ide the required parking. This has e size of the building. (plan attached) to proceed with the alternate plan, nt. ion No. 380 with conditions, provided eet other code requirements before a d. (This may result in a reduction size or number of service bays.) The most recent considera- 1. Staff has received a let - recommend no access be g: feel Market Street is adi 2. At the public hearing it be three service areas is parking spaces would be : cant showed 19 parking s; Following the publi, staff that there would b, require twenty-four park, variance approvals, the building permit unless h, 3. The proposed tenant of t: plan for the site which variances, but does prow. been done by reducing th, If the applicant intends the variance is irreleva: Alternatives: 1. Approve Variance Resolut, that the applicant can m, building permit is issue of the proposed building ~ s. Page two Memo-Appeal Variance 2 . Deny Variance Resolution No. 380 on the basis that the plan which was submitted to the Planning Commission for the variance application did not adequately illustrate the proposed number of service bays , thereby not providing the required number of parking spaces . Hence , the variance would be materially detrimental to the purposes of the zoning chapter. Staff Recommendation: Staff recommends alternative #1. Action Requested: Motion to approve Variance Resolution of the City Council No. CC-380 with the following conditions : 1. Submittal of a drainage report prior to approval of a building permit. 2 . The defective sidewalk along Hwy 101 must be replaced. 3 . The applicant secures an entrance permit into T.H. 101 from Mn/DOT. 4 . The applicant must meet all other applicable code requirements . JS :tw ----------- Zl ---- �n - v � z V `may 7 �'" `- � `"' i" 73 , :1114 MEMO TO: Shakopee Planning Commission FROM: Judi Simac, City Planner DATE: September 27, 1984 APPLICANT: Cletus J. Link LOCATION: L 6 and 7, B 2, East Shakopee (1st Ave. and Market St.) ZONING: B-1 Highway Business LAND USE: Vacant (Proposed 40 x 100' Amoco Transmission Bldg.) APPLICABLE REGULATIONS: Section 11.03, Subd. 11; Section 11.29, Subd. 5, E, F FINDINGS REQUIRED: Section 11.04, Subd. 5. Request: The applicant has requested a ten foot front yard, a ten foot side yard and a twenty foot rear yard variance in order to construct a 40 x 100' commercial building on the lot. Considerations: 1. Required front yard = 50 feet/Proposed setback = 40 feet Required side yard = 20 feet/Proposed setback = 10 feet Required rear yard = 30 feet/Proposed setback = 10 feet 2. The applicant proposes to build a 40 x 100' Amoco Trans- mission building on the lot with 19 parking spaces and access drives on Hwy 101 and Market Street. The required parking is four off-street spaces for each service stall, with an internal circulation drive at least 22' wide, exclusive of required parking. 3. The sidewalk along Hwy 101 is in disrepair and should be replaced where required. 4. The applicant shows screening and landscaping of parking which would be occurring in the front yard setbacks. Dependent up when the new performance standards are adopted, the building permit application may have to address the new requirements. 5. As per code requirements, a drainage plan must be submitted with the building permit application. Presently the devel- oped run off exceeds the capacity of the existing system. Recommendation: Staff recommends approval of the variances requested for the following reasons: 1. The literal interpretation of the provisions of the zoning chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the Zoning Chapter. 2. The variance requested is the minimum variance which would alleviate the hardship. 3. The variance would not be materially detrimental to the purposes of the zoning chapter, or to property in the same zone. Action Requested: Offer variance Resolution No. 380, granting a ten foot front yard, a ten foot side yard, and a twenty foot rear yard variance in order to construct a 40 x 100' commercial building, with the following conditions: 1. Submittal of a drainage report prior to approval of a building permit. 2. The defective sidewalk along Hwy 101 must be replaced. •i ; (ijl I , , i , � fli, I c rr �fI i II Wi T-1 ! 4777-7 rlsnl.: j! Ii i ! ! ii'! c via 4vr I ' ;Vf. �, itil j! 11I I I�' i 1 j I I • --! ;- -r .., I� �.. `:i�l a,�;s TaA K:; • 1 .'iIJt! i ! jI t ; ! ► ,,I i N (!�.;�i�,� j ' I I. j I f' 1 j �� i �• t � ' ' ! I Ti I { ! I { t l -I kTiTF --I[: k= r"fc T.S. -71, D, f/%f r.A . , F- it i I ! I, 1A i t} 1 }=1 r I I F j 1l h �! i r -_i I I I ! I i 1I �r ! �'hi. nr't, j;r CL3 �i(�O► ".-1�4.._�}-f- -r I - { � ) iii�.'_ [C �_1I_� �! i( r T t !IK NC:t' ACEJ.II!JEy1�.:fGr N i !_ M .� ' C-' AAU: .AA i13 C CIA i - ` - Ali. &4: r I ; i-;- - ' : , '• -,-(-� _ , 1 I_� f r { ! I , {_ i... r .I-�- -(-� ;'- iV. N S��¢T-CA-„g1,Cg'�. X 12 i 1 I I:�;i_'t ;, I �4 1 " I - -_ -r- .� rjrt4 lf t � l _ _ _ : (r =1 ! - f j X : G�f S .411' OW 17 fid f -t_ _ i . _ _1- - F I {_ _ -` {=f f f ! f - r -� r 7_1�Xc31� t. U n x M; 'f - V 04 ! !T I- 2-4 r , � r"fc T.S. -71, D, f/%f r.A . , F- it i I ! I, 1A i t} 1 }=1 r I I F j 1l h �! i r -_i I I I ! I i 1I �r ! �'hi. nr't, j;r CL3 �i(�O► ".-1�4.._�}-f- -r I - { � ) iii�.'_ [C �_1I_� �! i( r T t !IK NC:t' ACEJ.II!JEy1�.:fGr N i !_ M .� ' C-' AAU: .AA i13 C CIA i - ` - Ali. &4: r I ; i-;- - ' : , '• -,-(-� _ , 1 I_� f r { ! I , {_ i... r .I-�- -(-� ;'- iV. N S��¢T-CA-„g1,Cg'�. X 12 i 1 I I:�;i_'t ;, I �4 1 " I - -_ -r- .� rjrt4 lf t � l _ _ _ : (r =1 ! - f j X : G�f S .411' OW 17 fid f -t_ _ i . _ _1- - F I {_ _ -` {=f f f ! f - r -� r 7_1�Xc31� t. U n x M; 'f - V 04 CITY OF SHAKOPEE VARIANCE RESOLUTION OF THE CITY COUNCIL NO. CC -380 WHEREAS, Cletus J. Link having first filed an application to the Board of Adjustment and Appeals dated 9-20-84 , for a variance from the strict application of the provisions of the Shakopee Zoning; Ordinance, Section 11.03, Subd. 11, Section 11.29, Subd. 5, E.F. to -wit: a ten foot front yard, a ten foot side yard and a twenty foot rear yard variance in order to construct a 40' x 100' commercial and bu'�R� �AS°n tine ptQaperty upon which the request is being made is described as: L 6 and 7, B 2 East Shakopee (lst Ave. & Market St.) ; and WHEREAS, said proposed variance request was Approved by the Board of Adjustment and Appeals at their meeting of 10-4-84 and this decision has been appealed to the City Council; and WHEREAS, the Shakopee City Council on Nov. 6, 1984 held a public hearing on the appeal from the decision of the Board of Adjustment and Appeals. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that upon hearing the advice and recommenda- tions of the Board of Adjustment and Appeals and upon considering the suggestions made by the applicant and suggestions and objections raised by the affected property owners, within a radius of 350 feet thereof, in public hearings duly held by the Shakopee Board of Adjustment and Appeals and the Shakopee City Council that the aforementioned variance be and is hereby: as follows: BR_ IT_ FI1RTHER__RESDLVEIP. _ that, Dursuant to Shakopee Citv Code 11.04. Subd. 5 B-5, if an approved variance is not utilized within one year from date herein approved or by November 6, 1985 it shall become null and void. MEMO TO: John K. Anderson, City Administrator FROM: Barry A. Stock, Administrative Intern RE: Van Pool Back-up Vehicle DATE: October 30, 1984 Introduction• On October 25, 1984 the Energy and Transportation Committee took action on the provision of a back-up vehicle for the van pool and dial -a -ride program. The Committee is recommending that the City Council obtain a back-up vehicle from Van Pool Services Inc. Background• In the last few months staff has received several complaints and comments from local residents who are concerned about having a back-up vehicle for the van pool program. These individuals are worried about what will happen if a van pool breaks down enroute or if a van does not start in the morning. To date, carpooling has been used as a back-up to the system. No mechanism is in place to handle a breakdown enroute. Since the inception of our van pool program staff has been analyzing several alternatives for dealing with this issue. The alternatives studied include, 1. Leasing a vehicle from Van Pool Services Inc., 2. Leasing a vehicle from another company, 3. Have the City purchase a back-up vehicle, 4. Have the City purchase a back-up vehicle and lease it to a private carrier and 5. Use the existing van pool vehicles as a back-up to our program. In staffs review of the various alternatives several private companies were contacted to determine if they had an interest in providing the City with a back-up vehicle for our van pool program. All parties contacted stated that in order to participate in our program they would have to purchase public transit insurance. They would also have to meet the same liability limits that Van Pool Services Inc. is providing for the Dial -A -Ride and Van Pool Programs. They concluded that the cost of the insurance would be greater than any profits they could hope to gain. Two of the three companies contacted have also stated that they could not compete with Van Pool Services proposal in all areas, ie. response time, driver on call. Staff contacted the City's insurance carrier to determine if it would be possible for the City to purchase public transit insurance. Our insurance agent estimated the cost to obtain adequate insurance coverage (5,000,000 umbrella policy) would be approximately $420 a month. Mn/DOT officials concurred with this estimate stating that the cost for public transit insurance for the City of Shakopee would range between $250-$420 a month. 14 Staff and the Energy and Transportation Committee have concluded that leasing a vehicle from Van Pool Services Inc. is the most cost efficient and effective alternative for our program. By doing so, a back-up vehicle would be available on an immediate basis for both the van pool and dial -a -ride programs. Van Pool Services Inc. also has the appropriate insurance coverage in force. Finally, Van Pool Services Inc. will provide a dispatcher and driver on call to pick up stranded passengers in the event of a breakdown enroute. The cost for this alternative is $450/month plus $ .32 per mile (maintenance and gasoline) and an additional $23 each time a back-up driver is needed. Staff believes this alternative provides the City with the most dependable back-up coverage for our program. There are sufficient funds in the dial -a -ride budget to cover this added expense. Alternatives: 1. Lease a back-up vehicle from Van Pool Services and amend the dial -a -ride contract dated September 1, 1984 to include back-up vehicle language. 2. Do not lease a back-up vehicle from Van Pool Services. 3. Pursue some other alternative to the back-up vehicle issue. Staff Recommendation: Staff recommends alternative number 1. Action Reguested: Move to amend the Dial -A -Ride contract dated September 1, 1984 to include the following language to appear as Addendum Number One to the Contract: Reaust for Back -UD Vehicle The Contractor shall be responsible for providing one 15 passenger vehicle which is to be used as a back-up to the Bial- a -ride and van pool programs. In the event a van pool breaks down while in commuter service, the driver will call the Shakopee Dial -A -Ride office and request a back-up vehicle. If possible, the back-up vehicle will be dispatched to pick up the stranded commuters. The back-up vehicle shall also be available to van pool groups when their vehicle is out of service for a day or more and in the event their van fails to start in the morning. The cost of the back-up vehicle will be paid by the City to Van Pool Services Inc. per attachment A, "Program Cost". Attachment A BACK-UP VEHICLE PROGRAM COST November 1, 1984 thru April 15, 1986 Back -Up Vehicle Vehicle Operating Cost (Maintenance & Gasoline) Driver (as needed) $5. per hour x 4 hour minimum per call plus payroll tax and fringe Premature Termination (as needed) $450. per month $ .32 per mile $23. per call Two months Fixed Cost /c6 mpmn TO: John K. Anderson, City Administrator (3dYiCJS FROM: Barry A. Stock, Administrative Intern RE: Shakopee Area Transit Policy Decisions DATE: October 30, 1984 Introduction: Standards and guidelines for Shakopee's transit program are necessary to provide consistent service to local residents. Background: In the initial stages of our transit program several potentially controversial issues were uncovered. The Energy and Transportation Committee felt that certain policies had to be developed to deal with these issues. The Committee reviewed various alternatives before making a final policy decision on each issue. Attached are the policies that the Committee has adopted for final Council approval. Staff will be available to answer any questions that the Council may have in regard to the policies. Alternatives: 1. Accept the transit policies submitted by the Energy and Transportation Committee as formal Shakopee Area Transit policy. 2. Do not accept the transit policies submitted by the Energy and Transportation Committee. 3. Review each transit policy on an individual basis and move approval separately. Staff Recommendation: Staff recommends alternative #1. Action Requested: Move to adopt the transit policies submitted by the Energy and Transportation Committee as formal Shakopee Area Transit policy. BAS:trw SHAKOPEE AREA TRANSIT POLICIES Policy Adopted Effective Amended Effective 1. Transits Four Golden Rules 8/22/84 9/1/84 2 . Van Pools Picking Up Out of Town Residents Enroute 8/22/84 9/1/84 3 . Non-Residents Connecting Within City Limits to Board a Van Pool 8/22/84 9/1/84 4 . Occassional Rider Van 8/22/84 9/1/84 5 . Problem Riders On a Van Pool 8/22/84 9/1/84 6 . Minimum Van Pool Ridership (Excluding Flex Pools ) 9/27/84 10/1/84 7 . Discounting Fares for Back- Up Drivers 9/27/84 10/1/84 8 . Flex Pool Rider Priority 9/27/84 10/1/84 9 . Maximum Load Capacity 9/27/84 10/1/84 10. Subsidization for Vans that fall below the minimum pas- senger level 9/27/84 10/1/84 11. Additional Driver Mileage 9/27/84 10/1/84 12 . Occassional Rider Fare 9/27/84 10/1/84 13 . Van Pool Holidays 9/27/84 10/1/84 14 . Transfers 9/27/84 10/1/84 15 . Reimbursement for Car Pool Costs 9/27/84 10/1/84 16 . Van Pool Back-Up Vehicle 10/25/84 10/29/84 17. Bad Weather Cancellations 10/25/84 10/29/84 18 . Dial-A-Ride Service Area 10/25/84 10/29/84 Policy Number 1. Adopted: August 22, 1984 TRANSITS FOUR GOLDEN RULES 1. Be on time for your pickup. Transit vehicles cannot wait for passengers. 2. Smoking is not allowed in the transit vehicles. 3. Clean up after yourself. 4. Be courteous and respectful at all times. Continual violation of any of these rules shall be sufficient cause for denying the offender access to the Shakopee Area Transit System. . Action Made: Motion made and seconded to adopt Transits Four Golden Rules and have them posted in all Shakopee Area Transit Vehicles. Policy Number 2. Adopted: August 22, 1984 VAN POOLS PICKING UP OUT OF TOWN RESIDENTS ENROUTE Shakopee Area Transit van pools shall be allowed to pick up out of town residents enroute, during the :initial evaluation period between September 24, 1984 and December 31, 1984 on a space availability basis. These riders shall be treated as Shakopee residents during this period and charged the normal fares. Shakopee residents shall receive seating priority over out-of-town residents when a new van pool route is created. After the evaluation period it shall determined if this policy shall be continued, discontinued, or amended. Riders falling into this category shall be made aware of the City's intentions in regard to this matter prior to the operational start-up date (September 24, 1984). Policy Number 3. Adopted: August 22, 1984 Non -Residents Connecting Within City Limits to Board a Van Pool Non Shakopee residents driving to Shakopee to board a van pool shall receive the same priviledges as Shakopee residents during the initial evaluation period between September 24, 1984 and December 31, 1984. After the evaluation period it shall be determined if this policy shall be continued, discontinued, or amended. Riders falling into this category shall be made aware of the City's intentions in regard to this matter prior to the start-up date. Policy Number 4. Adopted: August 22, 1984 OCCASSIONAL RIDER VAN POOL To meet the needs of the occassional rider two vans shall run at half capacity along a route which is similar to the cur- rent MTC route. These vehicles shall leave at staged a.m. times and return at staged p.m. times. This program shall be known as flex -pools and shall operate during the initial evaluation period between September 24, 1984 and December 31, 1984. After the evaluation period it shall be determined if the flex -pool program will be continued, discontinued, or amended. Occassional riders shall pay a $2.00 fare per trip to help off set the cost of empty seats. Policy Number 5. Adopted: August 22, 1984 PROBLEM RIDERS ON A VAN POOL Have the van pool driver handle as many problems as possible on an internal basis. If the driver feels efforts are being ignored in regard to the problem, he/she should then contact the transit coordinator. The transit coordinator should be used by the driver and riders as a last resort effort. Upon receiving a complaint the transit coordinator shall investigate the problem and take the appropriate action. The Energy and Transportation Committee shall serve as an appeal board for the rider or driver. Policy Number 6. Adopted: September. -27, 1984 Effective: October 1, 1984 MINIMUM VAN POOL RIDERSHIP (Excluding Flex Pools) A new van pool group shall not become operational until a minimum ridership of nine (9) regular passengers on a twelve passenger van can be attained. Policy Number 7. Adopted: September 27, 1984 DISCOUNTING FARES FOR BACK-UP DRIVERS Van pool back-up drivers shall receive a 25% reduction off the normal fare regardless of how often they drive. This policy shall apply to a maximum of two (2) back-up drivers per van. fD � Policy Number 8. Adopted: September 27, 1984 Effective: October 1, 1984 FLEX POOL RIDER PRIORITY Due to the limited number of vacant seats available on a flex pool, the following rider priority schedule shall be used in determining who may board a flex pool. Priority: 1. People who rode the flex -pool in the morning. 2. People who made an advanced reservation for a ride home. 3. People that want to switch from a regular Shakopee van pool to ride the flex pool. Policy Number 9. Adopted: September 27, 1984 Effective: October 1, 1984 MAXIMUM LOAD CAPACITY No van in the Shakopee van pool program shall carry more passengers than what the van is suited for based on the vans stated seating capacity. Policy Number 10. Adopted: September 27, 1984 Effective: October 1, 1984 SUBSIDIZATION FOR VANS THAT FALL BELOW THE MINIMUM PASSENGER LEVEL Policy #6 established a minimum van pool ridership of nine 19) passengers for a twelve (12) passenger vehicle. 11. Policy Numbe Adopted: September 27, 1984 Effective: October 1, 1984 :R MILEAGE ADDITIONAL DRIVE safari "P��vc is and free maintenance during niles shall be charged to the )er mile plus any additional costs t 11116.1 Q1 VGi11 �J6JV1 1111�C1: van use. This includes free g< the 150 miles. Excess driver i driver at a fixed cost of 25� added by Van Pool Services Inc. -nger van or twelve (12) of nine (9) in a twelve (12) passe the City will subsidize the in a fifteen (15) passenger van, After thirty (30) days empty seats for thirty (30) days. Dn of picking up the addit- the van pool riders have the optic glow the established minimum ional costs for the empty seats bi to disband. ridership level or they may choosy 11. Policy Numbe Adopted: September 27, 1984 Effective: October 1, 1984 :R MILEAGE ADDITIONAL DRIVE safari "P��vc is and free maintenance during niles shall be charged to the )er mile plus any additional costs t 11116.1 Q1 VGi11 �J6JV1 1111�C1: van use. This includes free g< the 150 miles. Excess driver i driver at a fixed cost of 25� added by Van Pool Services Inc. Policy Number 12. Adopted: September 27 , 1984 Effective: October 1, 1984 OCCASSIONAL RIDER FARE The occassional rider shall be defined as anyone who does not pay by the week or month. These occassional riders shall pay the fare of $2. 00 per passenger trip whether they ride a flex pool or regular van pool. Policy Number 13. Adopted: September 27, 1984 Effective: October 1, 1984 Van Pool Holidays The following days shall be official van pool holidays : New Year' s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. Van pools will not run on these days . During holiday weeks or months there shall be no reduction of fares for van pool riders . Policy Number 14. Adopted: September 27, 1984 Effective: October 1, 1984 TRANSFERS Individuals who need to transfer to an MTC bus shall be credited for their costs to transfer. The van pool drivers shall deduct the costs for transferring - upon proof of trans- fer - from the normal passenger fare. This policy shall be evaluated on a bi-monthly basis. Policy Number 15. Adopted: September 27, 1984 Effective: October 1, 1984 REIMBURSEMENT FOR CAR POOL COSTS In the event that van pool passengers are forced to car pool, the car pool drivers shall be paid 21� per mile plus parking reimbursement upon submission of receipt, to be paid by the van pool driver out of the van pool revenues. If there are no van pool revenues the driver should submit the car pool reimbursement forms to the City. POLICY NUMBER 16 Adopted: October 25, 1984 Effective: October 29, 1984 VANPOOL BACK-UP VEHICLE The Contractor shall be responsible for providing one 15 passenger vehicle which is to be used as a back-up to the dial -a -ride and van pool programs. In the event a van pool breaks down while in commuter service, the driver will call the Shakopee Dial -A -Ride office at 445-9040 and request a back-up vehicle. If possible, the back-up vehicle will be dispatched to pick up the stranded commuters. The back-up vehicle shall also be available to van pool }'� , r t��,17ii HiQ. "-S �v�utr... vi C� i�.*, rte. +i r � Nuri vi � £iii �. i vi and in the event their van fails to start in the morning. Each van pool group shall use carpooling as a contingency plan in the event the back-up vehicle is not available. POLICY NUMBER 17 Adopted: October 25, 1984 Effective: October 29, 1984 BAD WEATHER CANCELLATIONS On days when hazardous driving conditions are apparent, it shall be the responsibility of the van pool driver to deter- mine whether or not the van will proceed on it's daily route. When the driver decides that conditions are to hazardous to warrant driving, he/she shall be responsible for contacting all the regular riders in his/her van pool. The flex -pool drivers will also be responsible for contacting WCCO and KSMM radio stations announcing their route cancellation. On days when van pool routes are cancelled due to inclimate weather there shall be no fare reductions for the riders in the van affected. POLICY NUMBER 18 Adopted: October 25, 1984 Effective: October 29, 1984 DIAL -A -RIDE SERVICE AREA The Dial -A -Ride Service Area shall be defined as that area within the official city boundaries. Dial -A -Ride vehicles shall not travel outside this service area to pick up or drop off passengers except in the event of a van pool breakdown en - route. This policy shall be monitored on a continuing basis to ascertain the possibility of expanding the service area. f .1 01 -W10 -A - MEMO TO: John K. Anderson, City Administrator l O c— FROM: Judith S. Cox, City Clerk RE: The Cable Television Information Center DATE: October 26, 1984 Introduction CTIC is requesting financial support in their challenge of the FCC's Nevada decision which includes eliminating local rate regulation among other things. Background On October 22nd, the Cable Commission went on record supporting the efforts of CTIC and expressed an interest in providing financial support if and when the budget will afford it. Action Recommended Concur with the recommendation of the Shakopee Cable Communication Commission and support the efforts of Cable Television Information Center in their challenge of the FCC's Nevada decision which includes eliminating local rate regulations for cable television. JSC/jms i CablcTelcvision , G i e i Mr. John K. Anderson City Administrator City of Shakopee 129 E. First Avenue Shakopee, MN 55379 Dear Mr. Anderson: September 24, 1984 Local governments are facing rapid deterioration of their authority to regulate cable television in the public interest due to recent decisions involving Miami, Oklahoma and Nevada (see Cable Reports for details). After much deliberation the Center has decided to continue its efforts against the FCC's recent ruling on local rate regulation (Community Cable TV, CSR 2269; also referred to as "CCTV" or "Nevada".) On August 22 the Center filed a petition asking the US Court of Appeals for the District of Columbia to review the FCC's procedures and decisions in the CCTV matter (CTIC v. FCC, 84-1437). You may recall the Cable Television Information Center was the only national organization that challenged the FCC on this important case initially in 1983. We now urgently need your financial support to see this undertaking through. The cable industry continues in its relentless efforts to make an "end run" around local governments to Congress, the FCC and the Courts. Many cable operators seek to nullify whatever promises they have made to local officials during their frenzy to win what amounts to exclusive rights to use local governments' public streets for their private profit. The recent series of successful assaults on local regulation in FCC, Congress and the courts represents a major threat to municipalities. Historically the FCC has demonstrated a total lack of consistency by taking every regulatory stand possible in its treatment of cable. Through the 1950's the FCC was indifferent to cable and its development. This changed to an increasing interest and the establishment of many regula- tions in the late 1960's and early 1970'x. By the mid 1970's the FCC began reducing its own regulation of the cable industry and also gave a green light to local franchise regulations by eliminating its previous rules limiting local franchising efforts (except for technical standards, franchise fees and rate regulation of pay cable services.) (over) 1500 N. BEAUREGARD STREET • SUITE 205 • ALEXANDRIA, VA. 22311 • (703) 845-1705 Letter re CCTV September 24, 1984 Page Two Federal policy is now swinging away from favoring local regulation and toward total deregulation of the cable industry. Recently the FCC's Chief of the Mass Media Bureau, James McKinney, was quoted as saying that if cable legislation is not enacted in the current session of Congress, the Commission would initiate a rulemaking to deregulate cable rates and to prohibit regulation of program content by local authorities. He went on to state that another objective of this Commission was to gain for the cable industry "guaranteed renewal" (Broadcasting, 7/11/84). On June 28 the FCC, ruling on a Petition for Special Relief by the City of Miami, went so far as to suggest that it intends to preempt any local contract that it disagrees with: "The fact that an 'offer' was tendered and accepted by the franchising authority rather than demanded by that authority makes no practical difference in the administration of our rules." In other words, a whole list of items "volunteered" by the cable company to the City of Miami were nullified by the FCC. In the July 25 Nevada decision (in which CTIC participated) the FCC went most of the way toward eliminating local rate regulation by preempting all rate regulation except for the least expensive level of basic service. A basic service tier under this ruling can be rearranged by an operator to exclude all programming except "off -air" or "must -carry" signals -- those channels which people normally can get without cable, for free. Increasingly local governments are being held responsible by their local constituents for the cable companies' shortcomings, yet are gradually being deprived of all the necessary legal tools needed to enforce the promises and keep the companies responsive. Many local governments could make a good case for fraudulent misrepresentation by their cable operators during the franchising process. -- A t -.th P _r13tiF3rla 1 _�v_tLP l � i t..,� S_#JLr2er�t tvP ..t.}La t ..thP `l'�n tP L. �}13Ll.bn o a .th a FCC's reckless and damaging course of action that is attempting, without benefit of enabling legislation, to destroy the relationship among the Federal, state and local governments that has long been established with respect to the regulation of the cable industry. The FCC's decision in CCTV is a most important one, especially for local governments. In conjunction with the recent Supreme Court decision in the Crisp case there is developing within the FCC an attempt to cause a major realignment of power between cable companies and local governments. Y Letter re CCTV September 24, 1984 Page Three -The Center intends to dha77enge the s Nevada decision on several vi 4u". -e ui �'t 'a'iu` u`� vI, ,1,L- Fvv iai velli vii�j'i ai3i ff. J.W F. o Contracts: The Nevada decision is being used by the FCC to invali— date legitimate contractual arrangements between local governments and their cable companies across the country. Those contracts were entered into at a time when the prevailing view was that rate regulation of tiered services was permitted. This argument should provide a complement at the national level to New Orleans' current suit against Cox. o Procedure: Contrary to its vague assertions, the FCC did not have a clear policy regarding rate regulation on record. The FCC's first comprehensive cable rules, adopted in 1972, stated that no increases in rates charged to subscribers could be made except as authorized by the franchising authority. In its 1976 rulemaking, FCC made regulation of regular subscriber rates "optional" for local governments while repeating its 1974 clarification in which the FCC preempted local regulation of pay cable, advertising, leased channels and auxiliary services. Consequently, municipalities acted in more than good faith when they established their regulatory structures. They operated in accordance with guidelines that were universally understood at the time they were instituted. The FCC should have acknowledged that its position is a change in policy or at least the articula— tion of new policy. Under the FCC's own procedures it should not have effected such a major policy change with such an informal proceeding. o Unregulated Monopoly: Despite cable industry claims of competition from DBS, MDS, etc. in certain communities, the basic services involved in this proceeding are typically available only on cable, giving the cable operator a monopoly advantage. We submit that unregulated marketing of monopoly services is hardly in the public interest. The benefits from bringing this suit are significant for local govern— ments. We think it is time to draw the line on the FCC's total disregard of the public interest. Given the FCC's stated pro—industry biases, it is time to make the Commission justify with facts its major policy decisions. The value of rate regulation as an enforcement tool and the integrity of existing contracts are issues of major importance for local governments. For the same reasons the Center entered this important case in 1983 we now want to see it through the courts. (over) Letter re CCTV September 24, 1984 Page Four L We need your financial support and assistance to effectively pursue this action. As an active participant in this proceeding (and others before it), the Center has sustained considerable legal costs. To date these have been paid from member community dues. However, because this year has seen so many major developments on every front, our budget for legal representation is being rapidly depleted. This problem is compounded by the magnitude of our opponents' resources, which ironically are funded by the subscribing public. Taking this case up to the Court of Appeals will require more than our limited financing can handle -- approximately $20,000 more. Because the calendar set by the court requires our immediate action (briefs are due in early October), we need your response as quickly as possible as to your interest in this matter and your ability to make a contribution or to pledge support in the future. We urge you to join us in this important action. Please feel free to call if you would like to discuss this in more detail. /Sinc ely, / v Harold E. Horn President UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT" - CABLE TELEVISION INFORMATION ) CENTER, ) Petitioner, ) } V. ) FEDEIRZ` COMMUNICATIONS COMMISSION ) AND UNITED STATES OF AMERICA, ) Respondents. ) PETITION FOR R 771EW No. 8 4 - /,q Y - -- Cable Television Infor-zation Center ("CTIC"), by its attorneys and cursuant to Section 402(a) of the Com.^tunica- tions Act of 1934, as amended 47 U.S.C., 5402(a), hereby petitions this Court to review the attached decisions of the Federal Cc:...:,unications Ca;-nissicr, ("FCC"). The first decisi--n, CQ«L,-.+r.ity Cable 7.7, Inc.-, FCC :!_.:meo No. 83-525 (November 15, 1983) , involves a "Petiti;;n for Szecial Relief Recuesting Declaratory Ruling," CSR -2269. The second decision, Co=unity Cable TV, enc. and Cablevision of New Jersev and Cablvision Svstems Develcpment Ccmrany, FCC Mimeo No. 34-3331 (July 25, 1984), involves reconsideration of the earlier decision and an initial decision on a subsecuent "Fetition for Special Relief," CSR -2622. This proceeding concerns the FCC's preemption of -2- regulation by state and local governments of certain rates charged by cable television systems to their sybscribers. The effect of the FCC's decisions is to seriously limit the ability of state and local governments, many of whom are members of CTIC, to effectively regulate their cable franchisees in the public interest. CTIC is seeking review of the FCC's decisions on the grounds that they are unsup- ported by the record, violative of existing contracts between local government and cable operators and otherwise arbitrary, capricious and contrary to law. As an interested party, CTIC has submitted comments in the proceeding and was a petitioner for reconsideration of the initial decision concerning CSR -2269. Fisher, Wayland, Cooper and Leader 1255 23rd Street, N.W. Suite 800 Washington, D.C. 20037 fated: August 22, 1984 Respectfully submitted, CABLE TELEVISION INFORMATION CENTER By Mat tin R. Leader Bruce D. Jacobs Its Attorneys 1 1 Qn MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk �L' RE: Metro -Area Interconnect Commission DATE: October 26, 1984 Introduction The City of Shakopee has been invited to become a member of the Metro -Area Interconnect Commission. Background The Metro -Area Interconnect Commission is a Joint Powers Commission of franchising authorities and is established to study, coordinate and facilitate the interconnection of cable systems which are members of the Commission. A member of the Metro -Area Interconnect Commission spoke to the Shakopee Cable Commission in July. Initial cost to become a member is $500.00. All expenses of the Metro -Area Interconnect Commission in excess of the initial contributions shall be shared on an equal basis until such time as the Commission other- wise recommends. The Shakopee Cable System is new, and the revenue from the franchise fee has not yet equalled expenses incurred by the City. On October 22nd the Cable Commission went on record declining to join the Metro -Area Interconnect Commission at this time, but agreed to consider joining sometime within the next budget year. Alternatives a. Join. b. Don't join. C. Consider joining at a later date. Recommended Action Concur with the recommendation of the Shakopee Cable Communications Commission and decline the invitation to join the Metro Area Interconnect Commission at this time, but reserving the right to join at a future date. JSC/jms METRO -AREA INTERCONNECTION COMMISSION 6901 WINNETKA AVENUE NORTH, BROOKLYN PARK, MINNESOTA 55428 February 3, 1984 The Honorable Eldon Reinke City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 Dear Mayor Reinke: CBT' 0Z Sr= ,it%.p I am writing to you as the recently selected Interim Chai the Metro -Area Interconnection Commission. The Metro -Area Interconnection Commission is a Joint Powers Commission of fr authorities and is established to study, coordinate and facil interconnectionof cable systems operating pursuant to franchi granted by the governmental units which are parties to the Jo Powers Agreement. The Commission has just recently been form has two original parties; the Northwest Suburbs Cable Communi Commission and the City of Minneapolis. The Commission is now inviting the City of Shakopee and a franchising authorities of the Metropolitan Area to become a the Joint Powers Agreement in order to help facilitate the interconnection of the cable system in your area with the oth cable systems. The Commission intends to begin immediately to develop interconnection plans, enter into dialogue and negotiation wi operators and enforce and implement interconnection provision franchise agreements. I have enclosed a copy of the Joint and Cooperative Agree which created the Metro -Area Interconnection Commission. In become a party to the Agreement and a member of the Commissio City of Shakopee should execute the Agreement, appoint two di and two alternate directors to the Commission and pay a Five Dollar ($500.00) initial contribution to the commission budge I would also like to take this opportunity to offer the s of a Commission member to meet with you or your governing bod discuss the goals of the Commission in further detail. If yo like a representative of the Commission to meet with the City Shakopee, please contact Mr. Greg Moore, Executive Director o Northwest Suburbs Cable Communications Commission at 6901 Win Avenue North, Brooklyn Park, Minnesota 55428, 536-8355. We look forward to your participation. Very; rulyz/yours,, Ti omas Aake•r, Chairman TA:pms Metro -Area Interconnection Commission determined by the Commission. V. EFFECTIVE DATE A municipality or Joint Powers Commission vested with the cable franchising or administration authority may enter into this Agreement by duly executing a copy of this Agreement and by filing such copy, together with a certified copy of the authorizing resolution, with Mr. Greg Moore, Executive Director of the Northwest Suburbs Cable Commications Commission but after a Commission Chairperson is elected, such documents shall be filed with said Chairperson. This Agreement shall become effective upon the execution of this Agreement by two (2) governmental units eligible to become initial Parties to this Agreement. VI. POWERS AND DUTIES OF THE COMMISSION AND PARTIES The powers, rights and duties of the Commission shall include all powers necessary and incidental to accomplishing the purposes of the Commission set forth in this Agreement and shall include, but not be limited to the following: Section 1. Study. The Commission shall have the power to study and report back to the Parties regarding the poten- tial uses -of an interconnected-dable system as well as the means to accomplish the interconnection of all cable systems franchised by the Parties. Section 2. Negotiation. The Commission shall have the power to negotiate with affected cable operators regarding -2- JOINT AND COOPERATIVE AGREEMENT I. PREAMBLE The parties to this Agreement are governmental units of the State of Minnesota. This Agreement is made pursuant to Minnesota Statutes §471.59. II. PURPOSE The general purpose of this Agreement is to establish an organization to study, coordinate, facilitate and take all necessary steps for, including the ordering of, the inter- connection of cable systems operating pursuant to franchises granted by Parties. III. NAME The name of the organization hereby created is the Metro -Area Interconnection Commission, hereinafter called the Commission. IV. PARTIES The governmental units eligible to become the Original Parties to this Agreement are the Northwest Suburbs Cable Communications Commission, the Southwest Suburban Cable Commission and the City of Minneapolis. Any other municipality, or Joint Powers Commission vested with cable franchising or administration respon- sibilities may become a Party to this Agreement upon approval by a majority of the Board of Directors of this Commission and upon payment of an initial contribution -1- the terms and process of interconnecting all cable systems franchised by the Parties. Section 3. Aqreements. The Commission shall have the power to enter into or coordinate interconnection agreements between various cable operators and governmental units. Section 4. Enforcement. The Commission shall have the power to enforce or coordinate enforcement of interconnec- tion obligations or agreements which may arise out of Commission action or otherwise. Section 5. Consultants and Legal Counsel. The Commission shall have the power to contract with such con-. sultants, legal counsel or other such persons or entities as it deems necessary to accomplish its powers and duties. Section 6. Other Actions. The Commission may exercise any other power necessary and incidental to the implemen- tation of its powers and duties as set forth in Article II. VII. BOARD OF DIRECTORS Section 1. General Powers. The property, affairs and business of this Commission shall be managed by the Board of Directors of the Commission. Section 2. Qualifications; Appointment; Notices. Each Party shall be entitled to two (2) Directors which shall serve on the Board of Directors and two (2) alternate - Directors. -Each alternate shall serve as -a Director when the Director for which he/she is an alternate cannot serve -3- or is absent. Directors and alternates shall be appointed by the Governing Body of each Party at the time it becomes a Party. When a Party appoints a Director, it shall give written notice initially of such appointment to Mr. Greg Moore, Executive Director of the Northwest Suburbs Cable Communications Commission, but after a Chairperson is elected, such notice shall be given to the then Chairperson. Such notice shall include the mailing address of the person so appointed. The names and addresses shown on such notices as the same may be changed by subsequent notices given in writing and may be used as the official names and addresses for the purpose of giving notices to such persons for all purposes under this Agreement, including notice of meetings of the Commission. Section 3. Officers Selection. At the first meeting of the Commission and at each annual meeting thereafter while the Commission is in existence, the Commission shall elect a Chairman and Secretary from its Directors. Section 4. By -Laws. The Commission may adopt By -Laws governing its procedures including the time, place and fre- quency of its regular meetings, and the time and place of an annual meeting. The Commission may amend the By -Laws from time to time. Section 5. Compensation. Directors shall serve without compensation from the Commission no matter in what capacity W J� Gk-, they serve, but this shall not prevent a Party from pro- viding compensation for its Directors if such compensation is authorized by the Party and by law. Section 6. Voting. There shall be no voting by proxy. Each Director shall have one (1) vote. Votes must be cast at a Commission meeting. Directors shall not be eligible to vote during the time the Party that appointed such Directors is in default on any contribution or payment to the Commission. During the existence of such default, the votes allotted to such Party shall not be counted for any purposes under this Agreement. Section 7. Term; Resignation. Directors shall serve at the pleasure of the Party appointing them. A Director may resign at any time by giving written notice to the Chairperson of the Commission, effective upon the date stated in said notice, or if no date is stated, effective upon receipt by Chairperson. Acceptance of a resignation is not necessary to make it effective. Section 8. Vacancies. A vacancy on the Commission, created by any cause, shall be filled by the Party whose Director position on the Board is vacant. Section 9. Quorum and Manner of Action. A majority of the Directors shall constitute a quorum of the Commission, and the act of a majority of the Directors present at any meeting of the Board of Directors at which a quorum is pre- -5- y_. sent shall be the act of the Commission. In the absence of a quorum, a majority of the Directors present may adjourn any meeting from time to time until a quorum is present. Notice of any adjourned meeting need not be given other than by announcement at the meeting at which adjournment is taken. If a quorum is present when a duly called meeting is convened, the Directors present may adjourn the meeting, notwithstanding that the departure of a number of Directors originally present leaves less than a quorum; and no other business shall be transacted. Section 10. Notice. Notice of meetings of the Commission shall be given to the Directors by the Secretary at least seven (7) days in advance. Section 11. Notices Excused. Any meeting of the Commission shall be a legal meeting without any notice thereof having been given if all of the Directors then in office are present at the meeting or waive notice in writing before, at or after the meeting. VIII. OFFICERS Section 1. Number; Election; Qualifications. The offi- cers of the Commission shall consist of a Chairperson of the Board, and a Secretary. Each officer shall be elected by the Commission and shall hold office at the pleasure of the Commission until his/her earlier disqualification, death, resignation or removal. All officers shall be Directors. Q. New officers shall take office at the adjournment of the meeting of the Commission at which they were elected. Not more than one (1) Director of a Party shall be elected an officer during the same term. Directors of a Party that have given notice of withdrawal shall not be eligible to become officers or to vote on the selection of officers. Any officer who ceases to be a Director shall at the same time cease to be an officer. Section 2. Removal. Any officer may be removed, with or without cause, by a vote of two-thirds (2/3) of the total number of Directors, at any meeting of the Commission, pro- vided that such purpose is stated in the notice or waiver of notice of the meeting unless all of the Directors of this Commission are present at the meeting. Section 3. Vacancies. A vacancy in any office because of disqualification, death, resignation or removal shall be filled for the unexpired portion of the term in the manner prescribed herein for election to that office. Section 4. Chairperson of the Board of Directors. The Chairperson of the Board of Directors ("Chairperson") shall preside at all meetings of the Board and shall perform all duties incident to the office of Chairperson and such other duties as may be delegated by the Board. The Secretary of the Board shall act as Chairperson in the absence of the Chairperson of the Board. -7- Section 5. Secretary. The Secretary shall be a member of the Board of Directors and shall have such duties and responsibilities as determined by the Commission. Section 6. Other Officers. The Commission may appoint such other officers as it deems necessary. All such offi- cers shall be Directors. Section 7. Committees. The Board may appoint such com- mittees as it deems necessary or desirable to accomplish its purposes. IX. FINANCIAL MATTERS Section 1. Fiscal Year. The fiscal year of the Commission shall be the July 1 through June 30. Section 2. Initial Contributions. An initial contribu- tion of Five Thousand and No/100 Dollars ($5,000.00) shall be made to the Commission by each Original Party at the time it becomes a Party. An initial contribution of Five Hundred and No/100 Dollars ($500.00) shall be made by each other Party at the time it becomes a Party. Section 3. Balance of Exr)enses. All expenses in excess of the initial contributions shall be shared on an equal basis until such time as the Commission otherwise recommends. The Board of Directors may from time to time establish a formula for contributions and distributions of financial responsibilities of Parties. Section 4. Default. Contributions for expenses shall be paid by the Parties at such time or times as the Commission shall determine. If payment has not been made within the time specified by Commission, a Party will be in default. The Commission may recover any contribution in default by a civil suit, and the defaulting Party, in such case, shall pay all costs of the suit, including reasonable attorney's fees. Section 5. Expenditures. The Commission may expend its funds as it deems necessary and appropriate pursuant to this Agreement. Section 6. Annual Audit. The Commission's financial books and records shall be audited for the then prior calen- dar year on or before July 1 of each year, or at such other times as the Commission may direct, by an auditor designated and approved by the Board. A copy of the audit report shall be given to each Party. The Commission's books and records shall be available for and open to examination and copying by the Parties and their respective representatives at all reasonable times. X. WITHDRAWAL Section 1. Withdrawal. Any Party may withdraw from this Agreement by giving notice prior to that time pursuant to Section 2 of this Article. Section 2. Notice. In order to effectuate a withdrawal, a Party withdrawing from the Commission shall 10 give written notice to the Chairperson of the Board of Directors, served personally on the Chairperson or addressed to the Chairperson at the address shown on the records of the Commission, and by giving with such notice a certified copy of a resolution of such Party stating its decision to withdraw from the Commission. The withdrawal notice shall be effective upon actual receipt by the Chairperson of the Board of Directors of such notice and resolution. The withdrawing Party shall have the responsibility for such actual receipt by the Chairperson. Upon receipt of such notice and resolution, the Chairperson shall forward a copy of the notice and resolution to each Director. Section 3. Financial Effect of Withdrawal. No finan- cial benefit shall inure to a Party that withdraws from this Commission nor shall there be any reimbursement for any contribution made by the withdrawn Party. In the event of a withdrawal by any Party, such Party shall cease to receive any services or benefits provided by the Commission. XI. AMENDMENTS Section 1. Amendments. This Agreement may be amended only by written amendment entered into by 75 percent of the then Parties to this Agreement in the same manner as this Agreement is entered into pursuant to Article V hereof. -10- XII. DISSOLUTION Section 1. Duration of Commission. The Commission may continue for an indefinite term. The Commission shall be dissolved by mutual signed agreement of all of the Parties. Section 2. Distribution of Assets. Upon dissolution of the Commission, all remaining assets of the Commission, after payment of all obligations, shall be distributed among the Parties that are Parties to the Agreement at the time of dissolution, in proportion to their contributions and in accordance with procedures established by the Commission. The Commission shall continue to exist after dissolution for such period, no longer than six (6) months, as is necessary to wind up its affairs, but for no other purposes. -11- IN WITNESS WHEREOF, the undersigned municipality or Joint Powers Commission vested with cable franchising or administration responsibility has caused this Agreement to be signed on its behalf this day of By Its: By Its: By Its: -12- TO: John K. Anderson, City Administrator FROM: Jeanne Andre, Community Development Director RE: Single Family Mortgage Revenue Bond Program DATE: November 1, 1984 Introduction: In 1983, the City of Shakopee submitted an application to receive authorization to issue mortgage revenue bonds under the Minnesota Housing Finance Agency (MHFA) Single Family Mortgage Revenue Bond Program, Series 1984. The City didn't receive authorization, but discovered a strong local interest in future participation. A decision must be made now on whether to submit an application for 1985 authorization. Background: The 1984 program selection criteria were largely based upon the percentage of local contributions which could be used to write down the interest rates for the mortgage applicants. This criteria has been removed for the 1985 authorization. The authorization of cities under the 1985 program will be as follows: 1) MHFA will approve all programs that meet the following conditions: a) All of the loans must be reserved for a period of six (6) months for persons and families whose adjusted family income is below 80 percent of the limits on adjusted gross income established by MHFA for their geographic area. b) Loans must be made only to finance homes that are serviced by municipal water and sewer facilities. 2) If funding of all applicants exceeds the $27.5 million in authorization available the following criteria will be applied, with authorization to be granted to any city which meets one of the following criteria: a) a city of the first class, or b) a city that did not receive an allocation under this subdivision during the preceding two calendar years, or c) a group of cities that plan to jointly issue bonds for the program. 3) If, by using criteria in 1 and 2 above, the authorization requests by cities still exceed the authorization available, MHFA shall select by lot the programs to be approved. Page two Memo -Mortgage Revenue Bond It is anticipated that the factor most likely to be used for selection will be number 3, a lottery. It is estimated that 9 or 10 cities will be requesting authorization this year, which gives the City approximately a 30% chance of receiving authorization. There is a $1,000 application fee which will be refunded to those Cities which do not receive authorization. Last year the City did a significant amount of pre - application leg work to establish the local contribution, including commitments from local builders to buy down the interest on the mortgages and policy decisions to use tax - increment to further lower the interest. Since the program is not competitive this year, there is no need to consider all of the factors up front although the Council may wish to go this extra step to be assured how the program will work. However to avoid extensive expenditure of staff time on a program that may not proceed, it is recommended that a minimum effort be expended as follows: send letters to developers who participated in the 1984 application or other possible new developers and request them to indicate whether or not they would anticipate participating in 1985 if Shakopee receives the authorization to issue bonds. The City needs to have developers or banks willing to pay approximately 3.5 - 4% up front commitment fees at the time the bonds are sold. One administrative issue the City must handle up front is to determine whether the City will administer the program or request the HRA to do so on its behalf. The statutes allow the HRA to administer the program for the City, but this delegation of authority must be addressed in the bond program the City adopts. The City may also want the HRA to pay the application fee on its behalf. If the City wants to proceed, the following steps are necessary: 1) Hold public hearing, with 30 days prior notice, to adopt a housing plan, to be reviewed by the Metropolitan Council. The plan adopted in 1983 is still applicable, so this step does not need to be repeated again in 1984. The existing plan can be resubmitted to the Metropolitan Council. 2) Hold public hearing with 15 days prior notice to adopt 1985 program design. Notice could be published November 14, 1984, for a Council hearing December 4, 1984. Letters could be sent out to interested developers November 15th. ,. Page three Memo -Mortgage Revenue Bond 3) Hearing must be held with prior published notice to adopt a policy statement, which must then be published. Notice could be published November 14, 1984, for a hearing December 4, 1984, and publication of policy Devember 12, 1984. 4) The City must determine whether it wants the HRA to administer the program, and pay the application fee on its behalf. If so Council should request the staff to include this factor in the program design and bring this request to the HRA. 5) Applications are to be submitted no later than December 31st. Requested Action: JA:tw 1) Determine whether the City should submit an application to receive 1985 authorization to issue single family mortgage bonds. 2) Request developers to informally indicate interest in participating in the 1985 program. 3) Direct staff to publish notice of a public hearing to be held December 4, 1984, to hear comments on a proposed Single Family Mortgage Revenue Bond Program - 1985, for the City of Shakopee and a housing policy, and request the Shakopee HRA to administer the program on behalf of the City. RESOLUTION NO. 2341 SETTING PUBLIC HEARING ON 1985 SINGLE FAMILY REVENUE BOND PROGRAM WHEREAS, the City of Shakopee (the "City") wishes to develop a single family housing program for the City and to issue housing revenue bonds to finance the program; and WHEREAS, in order to issue housing revenue bonds for a single family housing program, Minnesota Statutes, Chapter 462C requires the adoption of a Housing Program (the "Program") after the holding of a public hearing, after published notice at least 15 days prior to the date of the public hearing; and WHEREAS, Section 103A(j)(5) of the Internal Revenue Code of 1954, as amended, requires the adoption of a Housing Policy Statement after the holding of a public hearing after reasonable public notice; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE: 1. That a public hearing on the proposed Program for the City is set for December 4, 1984 at 8 : 00p.m. at the City Hall. 2. That the City Clerk is authorized and directed to cause the publication of notice of the public hearing in a newspaper of general circulation in the City at least 15 days prior to the date of the Public Hearing. Adopted this day of , 1984. Attest: City Clerk -1- Mayor C 129 East First Avenue, Shakopee. Minnesota 55379 MEMO TO: 'APITAL EQUIP, COMM,/CITY COUNCIL FROM: PU3LIC ,JORKS , DEPT, SUBJECT: SPECIFICATIONS FOR FRONT END LOADER DATE: Nov, 2, 1984 I'1TR0DOCTI 0'; : //b THE '_ITY COUNCIL AUTHORIZED $ 70,000 FOR A NEW FRONT END LOADER I11 1984, THESE SPECIFICATIONS ARE PRESENTED TO THE COUNCIL FOR THEIR APPROVAL TO ADVERTISE FOR BIDS NOV, 14TH, AND OPEN THESE BIDS Oi4 NOV 25TH, AND AWARD THE THE LOWEST/3EST BIDDER ON DEC, 4TH, 1984, D ^,CKG l\3ullD : THESE SPECIFICATIONS WERE WRITTEN UP IN GENERAL UNIFORMITY WITH THOSE USED RECENTLY BY SCOTT COUNTY :-IIGH',gAY DEPT,, DURNSVILLE, PRINCETON AND LAKEVILLE. SUR SPECIFICATIONS ARE RELATED TO A CATERPILLAR "IODEL 92a, WHICH TI i'ht VEE 'rlJ)CL KtrL7�i.'l�vv 1'Itt V"Hl , Z�U 1'i 1f�11 tI�11J LU�ITtK, I hi'15 LUHJ1-t ht WILL FEATURE A 2 1/4 YD, BUCKET, A 4-5 YD, "SNOW" BUCKET, AND WE CALLED FOR AN OPTIONAL PRICE ON A MOUNTED POLY URETHANE PLOW THAT REPLACES A BUCKET FOR SNOW REMOVAL, (CUR OTHER LOADERS ALSO HAD SCHEDULED PLOW ROUTES, ALSO,) THE BUCKET AND PLOW ACCESSORIES ARE --ATTACHED TO THE MACHINE BY A QUICK COUPLER CONNECT SYSTEM WHICH WE HAD ALREADY INSTALLED ON OUR OTHER LOADERS, ,,NEW FEATURE IN OUR SPECIFICATIONS THIS YEAR IS A GUARANTEED 3UY-BACK PLAN WHICH OFFERS US A GUARANTEED PRICE TO RETURN THE MACHINE TO THE VENDOR IF THE MACHINE DOES NOT PERFORM AS WELL AS EXPECTED, THE TOTAL COST PURCHASE PLAN ALSO FEATURES A WARRANTY AND SERVICE GUARANTEE 4HICH WILL PROVIDE A WRITTEN WARRANTY FOR ALL PARTS, LABOR AND SERVICE CALLS TO THE CITY FOR A PERIOD OF 5 YEARS OR 5,000 HOURS FROM THE DATE OF DELIVERY, THIS WARRANTY EXCLUDES GLASS, TIRES, CUTTING EDGES AND IGNITION COMPONENTS, THE VENDOR IS ALSO OBLIGATED TO FURNISH US WITH A REPLACEMENT MACHINE OR $ 35,00 PER HOUR REPLACEMENT COST IF ANY DOWNTIME IS EXPERIENCED WITHIN THE WARRANTY, THIS TOTAL COST DID PURCHASE FEATURE IS NOT ALWAYS BID BY SOME VENDORS, WHICH WE FEEL IS BECAUSE THEY WON T GUARANTEE THAT THEIR MACHINE WILL NOT BREAK DOWN WITHIN THE 5 YEAR WARRANTY PERIOD, THIS lAfADDA',lTV nnFgNT II1;11ALLY COST THE CITY MORE IN THE BID PRICE UNLESS SPECS, (CONT,) THE VENDOR FEELS THAT HE MIGHT HAVE TO COVER ANY REPAIR COSTS INCURRED DURING THE WARRANTY PERIOD, `viE CAN EXPECT TO HEAR SO1E OBJECTIONS FROM SOME VENDORS WHO WILL NOT GUARANTEE THEIR MACHINE FOR SERVICE, OR BUY-BACK FOR THE 7 YEAR PERIOD, THE OTHER GOVERNMENTAL AGENCIES WHO HAVE JUST RECENTLY BID FOR LOADERS, HAVE ALL USED THE TOTAL COST BIDDING CONCEPT, SCOTT COUNTY'S BID WAS AvJARDED TO THE CASE DEALER SIN CHAKOPEE), BUT THE GOLDEN VALLEY OFFICIALS RECENTLY REJECTED THE CASE LOW BID BECAUSE THE MACHINE THAT THEY SUBMITTED A BID ON WAS NOT A CURRENT PRODUCTION MODEL WHICH WAS SPECIFIED, ONE REASON THAT WE ARE RECOMMENDING THE TOTAL COST PURCHASE CONCEPT IS BECAUSE OUR 1975) FIAT/ALLIS LOADER HAS HAD TWO COMPLETE MOTOR OVERHAULS THE PAST 9 YEARS, (AND WE ARE POSSIBLY LOOKING AT ANOTHER ONE SHORTLY-) AND fF KE COO -LD PAVE SOLD f f BACK TO TKE DEALER ON A REPURCHASE AGREEMENT, WE PROBABLY WOULD HAVE RECOMMENDED THIS OPTION AT THE TIME, 'ilE ARE OFFERING OUR 1962 HOUGH 11-30 FRONT E14D LOADER AS A TRADE-IN ON THESE SPECIFICATIONS, Action Requested: Authorize the appropriate City Officials to advertise for bids for a new front end loader based upon total cost purchase plan with bids to be received on November 26, 1984, and the award on December 4, 1984. Three governmental agencies report. li 'e - 13 r CATERPILLAR We see almost universal acceptance of a Guaranteed Maintenance Cost on Governmental Bids in Minnesota. The specs used by agencies, how- ever, vary considerably and the bidding approach by vendors varies even more. What components are included? Is it a warranty or a re- pair guarantee? Does it cover normal wear, abnormal wear or just defects in materials and workmanship? Is it just for the power train? What about plows and wings? How about freight, mileage, etc.? I could go on and on. The point is that a Guaranteed Maintenance Bid figure by itself doesn't protect you and the taxpayer against a dealer who wants to get around it, can't afford it or is picking up for a dealer who went out of business. But, couple Guaranteed Maintenance with a Guaranteed Repurchase Option and you have something. You can demand good service and fair treatment because you have the repurchase option to use if needed. And, most im- portantly, you have a bond in case the dealer is out of business. The trend of many Minnesota dealers is clearly toward less and less protection for the taxpayers' dollars. It may not be evident to many of you who always buy on Total Cost Bid, but the "specification -built" machines are "waiting on the horizon" for the opportunity to be just "low bid". Scheduled Maintenance Guarantee This Total Cost Bidding (TCB) program sets a limit on your agency's expenditures for periodic maintenance and lubrication. If the actual maintenance costs exceed the guaranteed bid estimates, you are not charged If costs are lower, you and your taxpayers benefit even more directly through t lower cash outlays. L Repair Cost Guarantee As another part of TCB, this cost figure can be added to the bid to fix a maximum limit on repairs during the contract period. Again, your agency and taxpayers pay only up to the contracted amount. Any additional repair costs and charges are paid by the bidder. _ L _ The Minimum Repurchase Guarantee This is a contractual agreement between your agency and the bidding dealer which establishes a minimum repurchase price for the equipment at a future date. You will not get less than that price. But if you can get more for it in the open market, go ahead. You're insured against inflation ... because you're assured of a minimum repurchase price, before you buy. TO controls expenditures... guaranteed,. The Total Cost Bid begins where other bidding systems end: with the initial price. Added to that figure are the Scheduled Maintenance and Repair Cost Guarantees. The Minimum Repurchase Guarantee is then subtracted ... resulting in a total acquisition and ownership package. A total cost that goes beyond simple purchase price to protect your budget and your taxpayers' investment. More than 1200 government agencies throughout North America have adopted the common sense approach of Total Cost Bidding. And the reason is simple: it works. From the day you open your bids for as long as you own your equipment. 1)-6— Ask your Cat Dealer about this guaranteed approach toward controlled, on -budget acquisition. He can supply you with a list of other agencies' who've worked with TCB. And for a simple explanation of TCB, he can provide you with the new film, "Bidding Your Money Hello." See for yourself why more and more agencies are moving up to the professional approach to cost control. Total Cost Bidding. Guaranteed to work. Materials and specifications are subject to change without notice. CATERPILLAR IN MINNESOTA Metro 612 888-4121 MN WATS 800-352-2812 Minneapolis is Buhl to Hibbing Duluth • Crookston • Marshall E500 ADVERTISEMENT FOR BIDS SHAKOPEE, MINNESOTA BIDS CLOSE NOVEMBER 26, 1984 NOTICE IS HEREBY GIVEN: The City of Shakopee, Minnesota will receive bids at the office of the City Administrator until 2:30 p.m. CST on Monday, November 26, 1984 at which time they will be publicly opened in the Council Chambers of City Hall, 129 East 1st Avenue, Shakopee, Minnesota, by the City Adminis- trator, will then be tabulated and will be considered by the Council for: 1 (one) new 4 Wheel Drive Front End Loader According to the specifications on file in the office of the City Administrator, 129 East 1st Avenue, Shakopee, Minnesota 55379 Each bid must be accompanied by cash, certified check, or bidder's bond acceptable to the City in an amount equal to at least five (5) percent of the total amount of the bid, payable without condition to the City of Shakopee. In case the successful bidder fails to enter a contract or to provide a performance bond as required by law within the specified number of days after the award of the contract, such check or bond shall be forfeited to the City as liquidated damages. The City Council reserves the right to hold all bids for a period of 30 calendar days after the date set for opening bids, as they deem to be in the best interest of the City. The City of Shakopee reserves the right to reject any and all bids and to waive any informalities or irregularities herein as they deem to be in the best interest of the City. BY ORDER OF THE CITY COUNCIL: John K. Anderson City Administrator 1. General A. Intent It is the intent of these specifications to describe a four wheel drive front end loader delivered to the City of Shakopee. Current production models only shall be bid and furnished in this proposal. All bidders shall furnish the City of Shakopee with the approximate manufacturing date of the machine to be delivered to the City. All parts not specifically mentioned within these specifications which are required for a complete unit and necessary for safe operation shall be furnished. It shall be equipped with the equipment and accessories which are included as standard in the advertised and published literature for the unit. The complete unit as furnished shall meet all current Federal Highway Safety Standards and all current OSHA requirements. Catalog information showing the make, model and complete specifications of the unit that the bidder proposes to furnish shall accompany the bid. B. Service The bidder shall state in his proposal the location of the nearest stock of repair parts or servicemen who may be called if required. C. Delivery The successful bidder shall deliver the complete unit ready for operation to the Public Works Department, 500 Gorman Street, Shakopee, Minnesota. Bidder shall state delivery date or delivery under this contract must be made within ninety (90) days following contract award. D. Trade-in The City is offering as a trade-in, a 1962 Hough H -30B front end loader, serial number 10 BH 1953 - City Unit # 119. A set of the service records are also available and will be turned over with the machine when the vendor takes possession. The successful bidder shall have possession of the unit to be traded at the time of delivery of the new unit. E. Payment Payment will be made within 30 days following the acceptance of the equipment received. F. Non -Discrimination The contractor shall be in compliance with all applicable Federal and State Statutes and the City of Shakopee's adopted Affirmative Action Program regarding non-discrimination and Equal Employment Opportunity. Failure to comply with such Statutes and/or Affirmative Action Program may lead to the non -award of the contract or once a contrrct has been let, the cancellation of such contract. G. Tax Exemption The City of Shakopee is an instrumentality of the State of Minnesota and :is therefore not subject to the State Sales Tax or Federal Excise Tax. Appropriate certificates shall be furnished if required. H. In Service Traini A trained factory representative shall provide the City with training and instruction in the operation of and maintenance of the unit at no cost to the City. I. Manuals The successful bidder shall furnish the City with: Operators Manual Lube Chart Parts Manual Service and Repair Manual 2. One (1) New Articulated Wheel Loader A. Engine Engine: Shall have the following specifications: Displacement: Not less than 300 cubic inches Cylinders: Four (4) cycle diesel Horsepower: 105 Minimum, net Horsepower rating at flywheel Fuel: Capable of operation on #2 diesel fuel Air Cleaner: Safety element dry -type 2 -stage with service indicator Muffler: Low noise continuous Batteries: Heavy duty 170 ampere or better, 12 or 24 volt Starting Aids: Low temperature assistance to be provided Heater: Operated with engine coolant B. Transmission Type: Planetary full power shift Speeds: Not less than four forward, two reverse, travel speed not less than 20 MPH C. Weight Shall have an operating weight, including attachments of not less than 22,500 lbs. This machine shall have a static tipping load rating of not less than 15,000 lbs. straight ahead, and not less than 13,388 lbs. in full turn at 40 degrees. D. Final Drive Drive: All four wheel with planetary reduction in each wheel. E. Axles Front -fixed, rear oscillating. F. Operating Dimensions Ground clearance 12 inch minimum. Reach ahead of tires at 7 feet lift height and 45 degrees dump angle shall be no less than 44 feet. Dump clearance shall be not less than 8' 6" from cutting edge to ground at maximum lift. The machine shall have a wheelbase of not less than 113". G. Brakes Type: Dry disc, hydraulic actuated, single brake on each wheel. Adjustment: Self-adjusting Pedal Control: Double -one neutralizes transmission and stops unit - second has normal braking action with transmission engaged. Parking Brake -Type: Shoe Location: Transmission output shaft Emergency Brake -Type: Parking Brake Warnings: Audible and visual OSHA: Brake system must meet regulation H. Steering Type: Articulated full hydraulic, 400 articulation Follow-up: Provide "Automotive Feel" at any speed Lubrication: Hinge points of cylinders to have 250 hour lube intervals Articulation Joint: Fully covered under 5 -year warranty Tracking: Rear and front wheels track at all times Wheel: To be adjustable fore and aft 1. Hydrau]_ics Type: Sealed with valves in reservoir Filter: Full flow with magnet Cylinder: All boom and bucket cylinders to be double acting with chrome plated piston rods. Boom lift cylinders to be not less than 42" diameter bore. Capacity: 40 GPM at 200 RPM Cycle Time: Not more than 10.8 seconds Hydraulic components shall have capability of operating a reversible plow from within the cab. This valve bank (separate 3rd valveT shall be installed in addition to the normal hydraulic valve bank used for various hydraulic components on the machine. J. Controls Lift Circuit: Raise, hold, lower, and float positioners with automatic lift kickout Tilt Circuit: Roll back, hold and dump positions with automatic bucket positioner K. Lift Arms Loader linkage shall be sealed against dirt and have 100 hour lubrication intervals; except lower bucket pins and bushings will have 50 hour lubrications intervals. Dump clearance at hinge pin shall_ not be less than 108". L. Fenders Front and rear wheels shall be covered by fenders. M. Tires Size: 17.5 x 25 Michelin XRA T-1*. Addition: 75% calcium chloride added to rear tires (only). N. Cab General: OSHA approved, all weather, ROPS (fully enclosed with lockable doors on both sides Heater: 25,000 BTU I% Z_ Defroster: Front and Rear Wipers: Front and Rear, electric - electric washers in front. Seat: Adjustable bucket with seat belt, padded back and cushion Horn: Easily accessible Location: A rear mounted cab is preferred Steps: On either side for easy entry Glass: Tinted or non -glare glass, safety type set in rubber Noise: Cab must be soundproofed not to exceed 80 dbs. Radio: Install a 2 -way FM low -band Motorola model D31 TRA 4000 K Maxar 25 watt output radio. Frequency 45,080 MHZ private line tone CTS 103.5 HZ with proper antenna. 0. Electrical Svstem System: 12 or 24 volt Alternator: 50 ampere Batteries: 172 AMP hour Lights: two headlights - chassis mounted - sealed beam two headlights - cab mounted - sealed beam stop and tail lights each side front and rear turning signals with 4 -way flashers cab dome light blue strobe warning lights mounted. Whelen model 1200-2 or equal instrument panel light two rear flood lights mounted P. Bucket Capacity: 24 cubic yards (SAE Rated), general purpose type including spill shield and bucket position indicator mounted on loader 4-5 cubic yard "Snow Bucket" with spill shield and bucket position indicator. Mounting: These buckets must be mounted on an American Quick Coupler attachment operated from the cab of the loader. Plow: Provide an 11 ft. reversible 3/8" poly urethane plow with safety trip mechanisms. (option - A Frink Model PISA 4511 RR or approved equal. This plow shall be also mounted with an American Quick Coupler attachment. A urethane coated plow is not acceptable.) Q. Accessories Gauges: Engine hour meter Engine coolant temperature Engine oil pressure Fuel pressure Torque convertor (Transmission) temperature Brake indicator eye Ammeter air Pressure Filters: Replaceable full flow cartridge type filters for: engine, torque convertor, hydraulic systems, and fuel systems. Vendor should supply a tool box and tool kit Fanguard Mounted fire extinguisher Tire inflation kit Slow moving vehicle sign Drawbar Vandalism protection locks and engine oil systems. R. Manuals for fuel, water, hydraulic Two operator's manuals; two complete shop repair manuals of all components; two parts books. Manuals to be delivered to the City before final payment will be made. S. Manufacturer's Specifications A complete set of manufacturer's specifications and illustrated descriptions shall be furnished with the bid. T. Guarant=eed Maintenance To keep this unit in good operating condition for 5 years or 6,000 hours, whichever comes first, for any amount in excess of the cost specified in Item #4 of the proposal. In addition, the warranty repairs shall be handled as follows: There will be no charge for the first year's repairs except for normal day-to-day consumed items (oil, filters, grease, etc.) The guaranteed maintenance expense for the period following the first year of ownership up to and including the fifth (5th) year of ownership or 6,000 hours, whichever occurs first, will be paid by the vendor -contractor for any amount in excess of the amount shown in Item 4 of the proposal except as follows: The City will be responsible for all costs of repair due to: Fire Theft Accident Vandalism Operator Negligence Mechanic Negligence In addition, the City will assume and be responsible for the costs of: Tires Lubrication Oils Filters Grease Fuel Alternator Brake_ Linings Tire Repairs Anti -Freeze Cutting Edges Glass Breakage Electrical Parts Electrical Parts Other day-to-day items normally consumed Components which are covered by the dealer's guaranteed mainten- // t ance agreement shall include the following: Engine Transmission Differentials Torque Convertor Final Drives Wheels Lines Articulation Joint Bucket Lift Arms Valves And Any Other Specified Attachments Turbocharger or Blower Regular Brakes Emergency Brakes Steering System Hydraulic System Controls Frame Cab Drawbar Tanks Hoses Any costs as a result of shipping the machine (or parts thereof) to or from the vendor's shop for maintenance or repair will be borne by the vendor after the amount shown on Item 4 has been exceeded. U. Maintenance The City of Shakopee agrees to provide such preventative mainten- ance and daily and monthly services as described by the manu- facturer. V. Downtime Throughout the five-year period, the vendor -contractor agrees to furnish at no cost to the City of Shakopee after any continuous 72 -hour period of inoperation of this unit (due to need of mechanical repairs) a unit in good operation condition equivalent to the unit called for herein, until the unit is repaired and in operation. Should the contractor fail to provide a unit acceptable to the City of Shakopee the contractor hereby agrees to credit the City of Shakopee $40.00 per hour for all downtime after the period cited above. Any unit furnished or any money credited are not to be construed as a penalty, but as lequidated damages to compensate for additional costs incurred by the City Of Shakopee. W. Service Facilities The bidder will. certify that he maintains an adequate stock of parts and employs qualified servicemen within the area available on short notice. Bidders shall submit detailed specifications or listings of all machine capabilities. Listings shall include, but not be limited to, field service support, available shop space, technical tools, parts backup systems, training, etc. X. Training Period The contractor agrees to provide a training program for the City of Shakopee employees in sufficient scope to assure efficient and economical performance and maintenance of the equipment. Repurchase: The City of Shakopee retains the right to sell or trade or otherwise dispose of the equipment, purchased under the contract, at its discretion at anytime. Should the City of Shakopee decide to sell or trade this equipment during the five (5) year period, the contractor hereby agrees to submit a bid in any amount not less than the repurchase price set forth in his bid on this contract. Should the City of Shakopee trade or otherwise dispose of the equipment, such action will make this contract null and void of the machine. Pricing: Successful bidders shall be prepared, prior to award to substantiate that their bid prices are no higher than the published factory list prices, plus freight in effect at the time of the bid opening. Such substantiation will be made to the buying officials directly from said factory price lists and will be kept strictly confidential by the buying officials. Refusal to comply with substantiation of bid prices shall con- stitute a reason to reject said bid. Tires: The City agrees to maintain the tires on the unit and to be liable for any tire damage beyond normal wear. Tires, at the expiration of the five (5) year period will be, at the least, suitable of recapping if not suitable for recapping, the contractor may deduct, from the guaranteed re -purchase price, the difference between the actual value of the non -recappable tires on the machine and the current value of any equal number of recappable tares, at the City's normal price. Bond: The successful bidder will be required to furnish a performance bond in the amount of the repurchase price on his bid of this proposal in favor of City of Shakopee to protect the City of Shakopee against any breach of the contract. The bond will remain in effect for the entire contract period to assure performance of all conditions of this contract. Basis of Award: Award of the contract by the City of Shakopee will b—bas ed upon the factors of guaranteed total cost concept. However, delivery date, parts and service facilities, analysis and comparison of specification details and past experience of the City of Shakopee shall be considered in arriving at the decision of what constitutes the best bid. The Council reserves the right to reject any or all bids and to award to other than the lowest bidder if in its judgment the best interests of the City of Shakopee are served. Only firm prices F.O.B. Shakopee, Minnesota, will be considered and bid must be accompanied by a certified check or bidders bond. Delivery must be within 60 days of award or the vendor -contractor must furnish a similar size machine, in good condition, for City use until delivery is made. SCHEDULED MAINTENANCE CALCULATION FORM FOR WHEEL LOADERS Instructions: The intent of this form is to determine the total schedule -T maintenance costs that can be expected during the first 6,000 hours of ownership. Service intervals, number of grease fittings, and capacities should be taken directly from the manufacturer's lubrication instructions. Cost given are equal for all bidders. Although there may be a slight variance due to refill capacities, these total costs are made up of labor, overhead, lost production, gaskets, lubricant, filters and supervisory time. The comparison examines the service intervals for the various units bid and assumes that the manufacturer's recommendations, if followed exactly, will allow the costs that are to be incurred on each unit to be calculated with reasonable accuracy. The City of Shakopee believes that scheduled maintenance is an integral part of the overall cost of the operation of a wheel loader and is therefore asking for its inclusion as part of the total cost of the unit bid. I. GREASE FITTINGS Total Hrs of Service # of Fittings Cost per Operation / Interval x @ Ea. Interval x Fitting = Total Cost 65000 / 10 hrs x x $ .25 = 65000 / 50 hrs x x .25 == 6;000 / 100 hrs x x .25 = 6,000 / 200 hrs x x .25 = 65000 / 250 hrs x x .25 = 65000 / 500 hrs x x .25 = 6,000 / 1000 hrs x x .25 = Determine number of fittings at each interval, insert each number as indicated (if none, write none), perform calculations and total last column. II. ENGINE OIL, AND FILTER Total Hours Service Of Operation / Interval x Cost Per Chance = Total Cost 6,000 / ( ) $60.00 $( )(II) From factory maintenance manual determine crankcase drain and fill interval insert this hourly number and perform the calcula- tion to arrive at the total cost for an engine oil change. III. TRANSMISSION OIL Total Hours Service of Operation / Interval x Cost Per Change = Total Cost From factory maintenance manual determine transmission drain and refill interval, insert this hourly number and perform the calcu- lation to arrive at the total cost for a transmission oil change. IV. OTHER FLUID OR OIL CHANGES Total Hours Service Hyd Sys Cost/ = Total of Operation / Interval x Capacity x Gallon Costs 6,000 / x x $3.00 $ From the factory maintenance manual determine the service interval for draining and filling the hydraulic system. Insert this hourly number, insert the total capacity (in gallons) and perform the calculation as indicated. TOTALS: Listed below are each of the categories just calculated. Insert the total number for each category and add the column. This total figure should be entered on Line #6 of the Bid form. I Grease Fittings $ II Engine Oile & Filter $ III Transmission Oil $ IV Other Fluid or Oil Changes $ Total (Enter this figure on Line #6 of Bid Form) QUESTIONNAIRE (MUST BE COMPLETED) RUBBER TIRED TRACTOR LOADER Dealer Make and Model Operating Weight (Less Cab, Liquid in Tires or Additional Counter- weights Tipping Load (SAE): (Less Cab, Liquid in Tires or Additional Counterweights) Straight Ahead Full Turn Operating Capacity (SAE): (Less Cab, Liquid in Tires or Extra Counterweights) Maximum Turning Angle Breakout Force Maximum Dumping Height at Degree Angle Engine Make Model No.of Cylinders Displacement Maximum Torque @ R.P.M. Net Flywheel H.P. @ R.P.M. Air Cleaner Make & Type Model Alternator: Make Volts Amps Watts Battery: Amp. Hr. Rating @ 20 HOur Rate Transmission: Make Model Number of Speeds Forward Reverse Travel Speed Torque Converter: Make Model Type Stall Ratio Axles: Make Type, Front Rear Final Drive: Type Tires: Size and Ply Rating Tread Questionnaire (continued) Brakes: Service Steering System: Hydraulic System Parking No. of Culs. & Size Sealed - Yes No Hoist Cyls. - No. and Size Bucket Cys. - No. and Size Main pump, Type Gal. Per Min. @ Make R.P.M. Operating Pressure Bucket: S.A.E. Rated Capacity Dimensions Cab: Make Model Heater: Make Model BTU'S Defrosters: Make Model Adjustable Operator's Seat: Yes No Compliance: Bidder proposed to furnish complete unit in full compliance with specifications, except as follows: Date: Signed PROPOSAL 1. Make and Model of Equipment being Bid: NAME OF BIDDER: ADDRESS: SIGNED BY: itle Make Model $ 2. Less Trade -In $ 3. Purchaser Pays Only This Amount $ 4. Guaranteed Maximum Repair Cost for 5 yrs or 6,000 hours, whichever occurs first, the agency pays for only repairs needed up to the maximum which shall not exceed $ 5. Guaranteed minimum value at the end of 5 yrs or 6,000 hurs (bonded repurchase) $ 6. Scheduled maintenance costs (from attached worksheet) for 5 yrs or 63000 hrs $ 7. Total Cost Bid (Item #3, plus Item #4, Less Item 45, plus Item #6). Contract Length is 5 yrs or 6,000 hrs $ 8. Option: Reversible Urethane Plow - mounted $ NOTE: Bidder must bed on all items and will be paid only Item #3 (plus Option if accepted). Failure to bid on all items will disqualify bid. 9. Projected Delivery Date $ NAME OF BIDDER: ADDRESS: SIGNED BY: itle //C-" MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Procedures for Hiring City Employees DATE: November 2, 1984 Introduction Resolution No. 1913 establishes the City's procedures for hiring City employees. This procedure has been followed in hiring employees since adopted several years ago. The procedures are presented again for Council review because of their effect on the applicant we have recommended for hiring as Mechanic. Problem Procedures No. 2.2 and 3.1 of Resolution No. 1913 discuss advertising for a minimum of two weeks which we have done, and the disposition of the applications after the deadline advertised in the newspaper. Eugene Jeurissen's application was received after the printed deadline in the newspaper but was screened and reviewed with all of the other applications. After the screening and the interview process the Public Works Superintendent and I both felt Eugene Jeurissen was the superior candidate. None of the procedures for hiring explicitly state that the City shall not consider applications received after the deadline printed in the newspaper, but we have generally told applicants inquiring about a position after the deadline that the deadline has passed. I have reviewed our alternatives with Stan Pesker, the League of Cities Counsel, and with our City Attorney. Our alternatives are as follows. Alternatives 1. Interpret procedures No. 2.2 and 3.1 as not allowing the City the prerogative of considering an application received after the printed deadline in the newspaper ad. This alternative would require that we either select one of the other finalists or re -advertise. If we re -advertise it would be the third time we had advertised for this position because after the first round of interviews neither the Public Works Superintendent or I felt we could make a strong recommendation to Council based on the applicants received. 2. Council can make a determination that it is in the public interest to accept the application received after the deadline. Stan Pesker stated that there is no State law that addressed this subject and that in a formal bidding project City Council has the prerogative to waive minor procedural exceptions in the bids if it is in the public interest. Council has done this on a couple of occasions when the waiver related to irregularities in the bonding submitted, etc.; because it did not prejudice the competitive process. In this case the application was considered along with all of the other applications, the Public Works Superintendent and I can strongly recommend this candidate, and the City may or may not be able to attract qualified applicants if it advertises a third time for this position. As with the waivers in the bidding process, there is always the possibility that someone could try to make an issue out of the waiver. 3. Council could simply acknowledge that the application came in after the deadline and note that the current procedures do not prohibit the City from considering an application received after the deadline printed in the newspaper. The pros and cons for this alternative are similar to those listed above for alternative No. 1 and 2. Recommendation I recommend alternative No. 2. This would create a practice which would require staff to have Council acknowledge and waive any exceptions to the procedures for hiring City employees as outlined in Resolution No. 1913. It would also preserve some flexibility for Council should they be presented with a minor irregularity sometime in the future. I would not generally be presenting Council with this complication, however we have reviewed over 75 applications now and have not found very many applications we could enthusiastically recommend for appointment to fill the position of Mechanic. Both the Public Works Super- intendent and I feel that Mr. Jeurissen will do a very good job and will fit into our operation. Action Requested Pass a motion waiving, for the position of City Mechanic, the City's practice of reviewing only candidates that have filed by the printed advertisement deadline because it is a minor procedural practice not prohibited by Resolution No. 1913. JKA/jms RESOLUTION N ). 1 c+l 3 A RESOLI?TION ADOPTING; A PROCEDI;RE FnR CITY EMPLOYEES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKnPEE, MINNESOTA, that the following procedure for hiring City employees except sworn police officers is hereby approved and adopted: 1.0 Position is vacated by resignatinT. l .1 Immediately after the receipt of ;i f corm;i 1 rc"s [gnat ion, and prior to Council action, the Ci.ry Administrator will check the Budget/Personnel Resolution and if it is a full-time permanent position notices will he posted in all city work places for five (5) days, prior to advertising publicl.v. 1.2 Citv Council is notified at their next regular meeting and acts on resignation and formally authorizes the filling of the position. If Council does not authorize filling of the position the advertising is stopped. 1.3 Any qualified City employee can apply for the position by submitting a completed application. I 1.4 At the end of the five (5) day period the department head involved will review any City emplovee applications and will decide to: a. Interview the City emplovee(s). b. Advertise. If the department head decides to advertise he will notify the City Clerk (and City Administrator) who will in turn notify the emplovee(s) who applied. All City employee applicants will then be included with the group of finalists interviewed for the position. 1.5 An application file will be started containing all pertinent information regarding the position. 2.0 Advertising for the vacant position. 2.1 The City Clerk will prepare and publish the ad in the news- paper. 2.2 The City shall advertise in the local. newspaper and in any other publication that is deemed appropriate for the posi- tion. The position shall be advertised for a minimum two week period beginning at time of publication in the Shakopee Valley News. Applications received for positions will be kept on file for one year. 2.3 All applications received by the data included in the ad will be keep in an application file in the Clerk's office. 2.4 All questions regarding the ad or the position will be directed to the City Clerk and may be referred to appropriate department head. 3.0 Screening 3.1 After the application deadline the Clerk will present the applications to the department head and City Administ7ator who will jointly screen the applicants as provided in Section 4 Subd. 1 of the Citv's Personnel Policy. 3.'2 If there is to be any tests administered thev will be con- ducted by the City Clerk, scored and presented to the department head and City Administrator for further screen- ing. 3.3 Applicants that are candidates fr, interviews will he pre- sented to the Clerk who will schcdul c the in -L ervi.ews. 14 Resolution No. 1913 Page Two 4.0 Selection 4.1 After the department head and City Administrator have decided upon a candidate to be offered the job thev will decide upon a salary to be offered within the appropriate salary range and the department head (or City Clerk) will make the offer pending City Council approval. 4.2 City Council will be presented with a staff memo covering the hiring process, eg. date of advertising, number of applicants, screening and interviewing process, qualifica- tions of the recommended applicant and recommended starting date and salary prepared by the City Clerk. 4.3 City Council action. a. City Council can approve the recommendation by simple motion and the Clerk will notify the applicant the following day, followed by a formal. letter of employ- ment and preliminary employment papers. b. City Council can adjust the recommended starting salary should they find reason to do so. C. City Council can reject the recommendation should then find a reason to do so, and instruct the City Administra- tor to come back with a new recommendation. 5.0 Upon reporting to work on the first day, a new employee shall be sent to the City Clerk's office `or completion of necessary forms. BE IT FURTHER RESOLVED that the procedure for hiring sworn police officers shall be regulated by the Police Civil Service Commission and that the City Council shall. make appointments for sworn police officers selected from recommendations made by the Shakopee Police Civil Service Commission. Adopted in session of City of Shakopee, Minnesota, held this — 1981. ATTEST: ity Clerk Approved as to form this day of City Attorney , 1981. the City Council of the day of Mayor of the City of Shakopee MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Hiring a City Mechanic DATE: November 1, 1984 Introduction & Background The Mechanic position is vacant and Council has authorized recruit- ment of a replacement for Perry Cheever. Sixty applications were received and initial screening for qualifications produced seven applicants of which three were selected for an interview after reference checks. None of the three were from Shakopee, however one currently works in Shakopee. Jim Karkanen and I conducted the interviews and we recommend hiring Eugene Jeurissen, 825 West 270 St., New Prague, MN 56071, for the position of Mechanic I with a service credit of Two years and six months at step three of the pay plan. Starting rate would be $10.30/hour effective November 21, 1984, with the standard six months probation. Eugene has 11 years of experience and has spent the last four years at Shakopee Ford. We are recommending the classification of "Mechanic I" because our union contract did not include a step plan for the "Mechanic" position and without the new classification we would have only one rate of pay to offer, the rate Perry Cheever received after 11 years with the City. This will be corrected in the 1985 union contract. Alternatives 1. Hire Eugene Jeurissen as per above. 2. Do not fill position. 3. Re -advertise. 4. Interview more applicants. 5. Give staff other direction. Recommendation Alternative No. 1 as per above. Action Requested Move to approve the hiring of Eugene Jeurissen for the position of Mechanic I at step three of the pay plan with a two year and six month service credit, effective November 21, 1984. JKA/jms �ic�i ine.�f - �f %c,2 t, FU��ne Jeu� i s5�� 1-5 re4a; r? eel .S?;aallale J 41-S ldl`,' 1/6 / G C/Q Tzr Memo To: John K. Anderson, City Administrator From: Gregg Voxland, Finance Director Re: Shenandoah Drive Right -of -Way Condemnation Awards Date: November 2, 1984 Introduction & Background The Asst. City Attorney's office is requesting payment pursuant to the Commissioner's award in condemnation proceedings for the racetrack (Shenandoah). Request Council approval to issue payments as follows: Edward 11. Christian and $15,600 Loren Gross Hart Financial Corporation and 77,800 Silverhawk N.V. Marge Henderson 600 Ray Joachim 523 Edwin Sharkey 646 Action Reauested Move to authorize payment in the following amounts as settlement in the Shenandoah Drive Right -of -Way Condemnation proceedings; Edward M. Christian and Loren Gross $15,600, Hart Financial Corporation and Silverhawk N.V. $77,800.00, Marge Henderson $600.00, Ray Joachim $523.00 and Edwin Sharkey $646.00. GV:mmr Memo To: John K. Anderson, City Administrator / ` ,�J From: Gregg Voxland, Finance Director Re: Investment Brokers Date: November 2, 1984 Introduction & Background The City has used the investment services of the First National Bank for many years and Merrill Lynch as a broker for about six years. Also, Juran & Moody has been used in a limited scope for less than a year. At times it is desirable to have the option of shopping around for a better investment deal. Therefore, I request Council's approval to allow me to transact business with other brokers for the purchase of government securites or commercial paper and bankers acceptances. Presently there are two brokers, Kidder Peabody and Smith Barney, that offer attractive investment opportunities. These firms have local (Mpls./St. Paul) offices and are national firms that have been in business a long time. Both firms have other governmental clients, particularly Kidder Peabody. Other cities vary in their use of brokers; some use a variety of brokers depending on who has the best deal at that time, some deal mainly with a select few, while others do all their business with just one. The upcoming settlement of the $2.4 million bond sale is the main reason for bringing this to Council now. As an example, rates quoted one day last week for an overnight repurchase agreement were 9.00-9.25% for the banks, 9.50% for Merrill Lynch, 9.60% for Kidder Peabody and 9.88% for Smith Barney. of course these rates and relative rate quotes are subject to change daily, hourly or even minute to minute. Other firms in this business in the area include American National Bank, Dain Bosworth, Norwest Banks, R.W. Baird, Off erman & Co., etc. Recently there have been several calls a week from people in this business seeking investments from the City. Alternatives 1. Status Quo 2. At the discretion of the Finance Director allow investments to be made through any reputable established dealer in legally permissible securities. 3. Allow investments to be made through two additional dealers (Kidder Peabody and Smith Barney). 4. Allow some number other than two additional dealers to be used. Recommendation Alternative No. 3. Having the ability to deal with two more brokers is probably sufficient at this point in time. Action Requested Move to authorize staff to use the investment services of Kidder Peabody and Smith Barney. GV:mmr memo To: John K. Anderson, City Administrator From: Gregg Voxland, Finance Director Re: Accounting Clerk Position (Parttime) Date: November 2, 1984 Introduction & Background The Accounting Clerk position is vacant and Council has authorized recruitment of a replacement for Jean Seckinger. Eleven applications were received. Screening produced four applicants for interviews. One of the four was from Shakopee. Four were interviewed and the one below considered best for the position. I recommend hiring Doralee Rosckes, 58 Kelly Rd., Chaska for the position of Accounting Clerk with a service credit of one year at step two of the pay plan. Starting rate would be $5.73/hr. effective 11/05/84 with the standard sixmonths probation. Alternatives 1. Hire Doralee Rosckes as per above 2. Do not fill position 3. Re -advertise 4. Interview more applicants 5. Give staff other direction Recommendation Alternative No. 1 as per above Action Reauested Move to approve the hiring of Doralee Rosckes for the position of Accounting at step two of the pay plan with a one year service credit. GV:mmr Afl; c L4i ©n Of r f� 1984 CITY OF SHAKOPEE CHECK REGISTER 1C-24-84 PAGE 1 CHECK NO. DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. INV. N P.O. A MESSAGE 100384 10/24/84 8.85- NEENAH CO. EQUIP MAINT 6 REPAIR 01-4232-311-31 100384 10/24/84 8.95 NEENAH CO. EQUIP MAINT 6 REPAIR 01-4232-311-31 .07 + `� +••f•• •••-CKS 103184 10/24/84 19113.06 GENERAL SAFETY EQUIP PROF SERVICES 01-4310-142-14 103184 10/24/84 19113.06- GENERAL SAFETY EQUIP PROF SERVICES 01-4310-142-14 .DO rrr••• •••-CKS 298035 10/24/84 14.47 ASS/MEC1H/CONT/INC. BLDG MAINT 01-4230-441-44 5945 14.47 f 298036 10/24/84 1.87 JOHN K. ANDERSON TRAVEL 6 SUBS. 01-4330-121-12 298036 10/24/84 17.49 JOHN K. ANDERSON TRAVEL 6 SUBS. 15-4330-191-19 19.36 • .•►+:r •••-CKS 298087 10/24/84 251.56 CDP IND. PRINTING 6 PURL. 01-4350-911-91 445853 251.56 • r••••• •••-CKS 298095 10/24/84 135.70 CLAYS PRINTING SUPPLIES 01-4210-151-15 20170 135.70 + f•rfrs •••—CKS 298101 10/24/84 1.567.50 CONVAY FIRE 6 SAFETY SUPPLIES 01-4210-321-32 1.567.50 s ••.:•• ••+—CKS 298114 10/24/84 14.25 COMM. AUDITORS EQUIP MAINT 6 REPAIR 01-4232-321-32 298114 10/24/84 30.33 COMM. SUOITORS EQUIP MAINT E REPAIR 01-4232-426-42 44.58 f.•fr• fff-CKS 298184 10/24/84 59.66 GENERAL SAFETY EQUIP EQUIP MAINT 6 REPAIR 01-4232-321-32 G386 58.66 + ►f•r•• •+•-CKS 298238 10/24/84 101.50 INST. NESTING INC PROF. SERVICES 01-4310-411-41 298238 10/24/84 769.60 INST. TESTING INC PROF. SERVICES 71-4310-711-71 871.10 + u ►rr• +••-CKS 298267 10/24/84 11.00 KOEMNENS STANDARD EQUIP MAINT 6 REPAIR 01-4232-312-31 11.00 1914 CITY OF SHAKOPEE CHECK NO. DATE u•ifs 298276 10/24/84 .tiff• 298317 10/24/84 298341 10/24/84 298342 10/24/84 298342 10/24/84 298342 10/24/84 i•.•fi 298415 10/24/84 it•1f. 298 42 9 10 /24 / 84 .f ►1f• 298432 10/24/84 11♦►ir 298457 10/24/84 298457 10/24/84 ff••.f 298459 10/24/84 •ff •.f 298492 10124/EA 298508 10/24/84 CHECK REGISTER 1C-24-84 PAGE 2 AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. INV. A P.O. A MESSAGE •••-CKS 1,063.37 KENS DOOR REPAIR CONTINGENCY 01-4991-911-91 1,063.37 f •••-CKS 224.96 1!ACQUEON EQUIP. EQUIP MAINT 6 REPAIR 01-4232-426-42 224.96 • •••-CKS 400.00 MOTDAOLA INC. CAPITAL EQUIP. 01-4511-331-33 200646 400.00 - 40.00 MNIPUBLICFSAFETT RENTS 01-4380-311-31 841863 40.00- MN/PUBLIC/SAFETY RENTS 01-4381-311-31 841863 40.00 MN/PUBLIC/SAFETT RENTS C1-4381-311-31 841863 40.00 . •••-CKS 130.00 OFFICE PRODUCTS CAPITAL EQUIP 01-4511-411-41 111637 130.00 • •••-CKS 550.00 HAROLD PASS RENTS 01-4380-421-42 550.00 •••-CKS 27.50 PETERSON SEED SURFACE MATERIALS 01-4215-421-42 3327 27.50 . •••-CKS 88.80 RADIO SHACK SUPPLIES 01-4210-111-11 20.00 RADIO SHACK SUPPLIES 01-4210-184-18 108.80 • •••-CKS 589.38 REDFIELD ELECTRIC EQUIP MAINT t REPAIR 01-4232-321-32 1536 589.38 •••-CKS 28.33 SATELLITE INDUSTRIES RENTS C1-4380-626-62 28.33 •••-CKS 67.50 SOUTHWEST SUBURBAN PRINTING 9 PURL. C1-4350-131-13 1984 CITY OF SHAKOPEE CHECK NO. DATE 298508 10/24/64 :9*8**516* 1U/24/84 298527 10/24/E4 ••1f.r 298531 10/24/E4 .•fr•f 298540 10/24/84 298560 10/24/84 f.lftf 298 56 2 10/24/84 298600 10/24/84 298600 10/24/84 298653 10/24/84 298653 10/24/84 298653 10/24/84 298653 10/24/84 298653 10/24/84 298653 10/24/84 298653 10/24/64 298653 10/24/84 298653 10/24/84 298653 10/24/84 298 80 0 10/24/F4 CHECK REGISTER 1C-24-84 PAGE 3 AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. INV. $ P.O. A MESSAGE 60.00 SOUTHWEST SUBURBAN PRINTING i PURL. 01-4350-421-42 127.50 • •••-CKS 21,835.23 SPRINGSTE3 INC. PROF. SERVICES 27-4310-000-00 21 9835.23 • •••-CKS 20.18 SUFERAMERICA SUPPLIES 01-4210-312-31 135749 20.18 •••-CKS 207.50 SMAKOP13E OIL MOTOR FUELS 6 LUGS. 01-4222-421-42 033632 207.50 • •••-CKS 49.98 GLENDA SPIOTTA PROF SERVICES 01-4310-221-22 49.98 •••-CKS 28.37 TELE -TERMINALS SUPPLIES 01-4210-411-41 43694 28.37 • •••-CKS 275.73 TRIO TRiEE CAPITAL EQUIP 01-4511-621-62 1047 215.73 • •••-CKS 13.72 GREGG VO%LAND TRAVEL R SUBS 01-4330-151-15 112.75 GRE6u VOXLAND CONF. L SCHOOLS 01-4390-151-15 126.47 • •••-CKS 23.81 ZEP MFG. SUPPLIES C1-4210-181-18 23.84- ZEP MFG. SUPPLIES 01-4210-181-18 23.84 ZEP MFG. SUPPLIES 01-4210-181-18 23.84 ZEP MFG. SUPPLIES 01-4210-181-18 23.84- ZEP MFG. SUPPLIES 01-4210-181-18 11.91 LEP MFG. SUPPLIES 01-4210-182-1P 11.91 ZEP MFS. SUPPLIES 01-4210-184-18 11.91 ZEP MFG[. SUPPLIES 01-4210-311-31 11.91 ZEP MFG. SUPPLIES 01-4210-421-42 69.90 ZEP MFG. SUPPLIES 01-4210-630-62 141.35 •••-CKS 405.00 THE ADMASTERS PROMOTIONS 14-4319-142-14 84252 1984 CITY OF SHAKOPEE CHECK NO. DATE 298801 298802 298 803 298 804 298805 298 806 298897 298808 298809 298 810 298811 298812 298813 298 81 4 298815 298816 298 817 298618 10 /24/F4 10/24/84 10/24/F4 10/24/84 10/24/84 10724/84 10/24/84 10/24/84 10/24/84 10/24/84 10/24/F4 10124/84 10/24/84 10/24/84 10/24/84 10/24/84 10/24/84 10/24/84 AMOUNT 405.00 • 36.72 36.72 - 231.00 231.00 • 25.00 25.09 • 79.00 79.00 320.00 320.90 • 678.115 678.88 78.12 78.12 41.25 41.25 50.00 50.00 • 15.95 15.95 16.42 16.42 93.38 93.38 • 210.40 270.40 • 26.80 26.80 • 8.85 8.85 • 50.00 50.00 • 50.00 50.00 • 2,000.00 29000.DD • CHECK REGISTER VENDOR ITEM DESCRIPTION DULUTH HERALD DRAY PUBLICATIONS JOHN DUBOIS ENGR. NEWS RECORD GREAT LAKES WEATfjER GOODYEAR TIRE GRAYBAR IKOVIE HELLER INTERNATL ASSOC POL INTERNXTL CONFERENCE DAVID JUDD KAPAK CORP L 6 N MFG I NC LANIER BUSINESS L 8 L ENTERPRISES MILLER DAVIS CO. MN/PUBLIC TRANSIT MOCOYS INVESTORS PRINTING 9 PURL. SUPPLIES PROF SERVICES DUES 6 SUBS. PROF SERVICES EQUIP MAINT R REPAIR SUPPLIES TRAVEL 6 SUBS DUES 6 SUBS PRINTING R PURL SUPPLIES SUPPLIES SUPPLIES SUPPLIES EQUIP MAINT 6 REPAIR SUPPLIES DUES & SUBS PROF SERVICES 1C-24-84 PAGE 4 ACCOUNT NO. INV. A P.O. 4 MESSAGE 01-4350-421-42 144815 01-4210-321-32 8508 01-4310-331-33 01-4391-411-41 01-4310-421-42 01-4232-312-31 57630 01-4210-321-32 01-4330-621-62 01-4391-311-31 01-4350-331-33 01-4210-321-32 01-4210-312-31 23912 01-4210-622-62 2850 C1-4210-121-12 27CC4 01-4232-311-31 85533 01-4210-331-33 381191 14-4391-142-14 27-4310-000-00 0059 ' 1984 CITY OF SHAKOPEE CHECK REGISTER 1C-24-84 PAGE 5 CHECK NO. DATE AMOUNT VEN002 ITEM DESCRIPTION ACCOUNT NO. INV. I P.O. 0 MESSAGE 29BE19 10/241E4 100.00 DOROTHY MCPHERSON PROF SERVICES C1-4310-421-42 100.70 298020 10/24/84 113.72 MICWEST BUSINESS SUPPLIES 01-4210-121-12 280506 298820 10/24/84 113.73 MICWEST BUSINESS SUPPLIES 01-4210-171-17 280506 298820 10/24/'84 54.22 MIDWEST BUSINESS SUPPLIES 01-4210-331-33 28C506 281.67 + 298821 10/24/E4 19113.06 M.E.M. ACV. PROF SERVICES 14-4310-142-14 298821 10/24/84 284.49 M.E.M. ADV. PROF SERVICES 14-4310-143-14 298821 10/24/84 284.49 N.E.M. ADV. PROF SERVICES 14-4310-143-14 298821 10/24/84 294.49- M.E.M. ADV. PROF SERVICES 14-4310-143-14 1,397.55 + 298822 10/24/84 53.00 CAROL SCHMIDT CURRENT USE CHARGES 14-4411-143-14 53.00 * 298823 10/24/04 36.00 SHAK CUUNCIL 1685 SUPPLIES 01-4210-221-22 36.00 * 298824 10/24/84 72.00 SEMENT CONST SUPPLIES 01-4210-621-62 72.00 * 298825 10/24/84 30.09 TRI -S 31OWING PROF SERVICES 01-4310-313-31 7205 30.00 + 298826 10/24/E4 89045.00 TRACY OIL MOTOR FUELS 6 LUBS 01-4222-426-42 26033 8,045.00 298827 10/24/84 225.00 STEPHANIE YOUNG CONTINGENCY 01-4991-911-91 225.00 aa•aa+ ***—CKS 17,137.70 FUND 01 TOTAL GENERAL FUND 1,905.55 FUND 14 TOTAL TRANSIT 17.49 FUND 15 TOTAL HRA 23,835.23 FUND 27 TOTAL RACETRACK 769.60 FUND 71 TOTAL SEWER FDNC 43,665.57 TOTAL OCTOBER 1984 - Page 2 DEBIT ACCT. CR. A(CT. AMOUNT BATCH RE2;ARKS VENDOR CK. AMT. CK. 5.4411.000.00 56.1010 $ 34.82 Current Use Charges Scott Cty Treasurer 34.82 16197 1.4370.427.42 01.1010 10.52 Utilities Northern States Power 10.52 1649. 1.3536.000.00 71.1010 74.67 Sewer Service Charge St. Marks 74.67 1649: 1.4370.181.18 01.1010 11.27 Utilities Minnegasco i 18.20 1649: 1.4370.622.62 01.1010 6.93 Utilities 1.4310.132.13 01.1010 55.25 Prof. Services Doris Ann Solseth 55.25 1649, 1.4370.351.35 01.1010 55.50 Utilities Minnesota Valley Elec. _ 110.17 1649' 1.4370.427.42 01.1010 54.67 1.4232.426.42 01.1010 1,114.09 Equip. Maint & Repair MacQueen 1,114.09 16491 11.4321.351.35 01.1010 14.10 Telephone NW Bell 53.10 1649' 11.4321.421.42 01.1010 19.50 Telephone )1.4321.311.31 01.1010 19.50 Telephone )1.4390.171.17 01.1010 65.00 Conf. & School MSAIA 65.00 1649 )1.4390.421.42 01.1010 325.00 Conf. & School Univ, of MN 325.00 1649' 21.4519.529.41 21.1010 6,925.50 Other Improvements S.M. Hentges & Sons 6,925.50 1650( 1.4925.000.00 81.1010 7,116.23 Remit Bankers Life Trustee Ind. Fund 7,116.23 1681_ 1.4100.311.31 01.1010 1,098.22 Salaries - Full Time Teherence A. Doyle 1,098.22 16814 1..4380.152.15 01.1010 1,006.21 Rents LOGIS 1,426.42 16815 1 .4 380. 1531 .5 01.1010 302.60 it 1.4380.154.15 01.1010 117.61 it 1.4922.000.00 81.1010 4,074.41 Remit FICA State Treasurer 4,074.41 16816 1.4921.000.00 81.1010 3,261.15 Remit SIT Comm. of Revenue 3,261.15 16817 1.4920.000.00 81.1010 5,825.81 Remit FIT 1st Nat. Bank -Shakopee 5,825.81 16818 1.4923.000.00 81.1010 6,082.86 Remit PERA State Treasurer 6,082.86 16819 ctvber - 1984 - Page DEBIT ACCT. CR. ACCT. AMOUNT BATCH REMARKS VENDOR CK. AIMT. CK. 1;,, 1.4927.000.00 81.1010 100.00 Remit Def. Comp. IDS 100.00 16820 1.4931.000.00 81.1010 715.00 Payroll Davings 1st Nat. -Shakopee 715.00 16821 1.4927.000.00 81.1010 1,569.00 Def. Comp. PEBSCO 1,569.00 16822 1.4390.000.00 01.1010 245.00 Conf. & Schools National League of Cities 245.00 16823 1.4210.811.81 11.1010 36.60 Supplies Eastman Drug 36.60 16824 1.3845.000.00 81.1010 44.31 Bankers Life Deduction Ronald Scherer 44.31 16825 1.4390.131.13 01.1010 10.00 Conf. & Schools Municipals 20.00 16826 1.4390.811.11 11.1010 10.00 Conf. & Schools 5.4390.191.19 15.1010 40.00 Conf. & Schools St. Francis Reg. Med Ctr. 40.00 16827 5.4390.191.19 15.1010 325.00 Conf. & Schools MN Dept. of Energy/Econ Dev.325.00 16828 4.4370.142.14 14.1010 3,352.23 Utilities Van Pool Services Inc. 3,352.23 16829 1.4920.000.00 81.1010 848.17 Remit FIT 1st Nat. -Shakopee 848.17 16830 1.4921.000.00 81.1010 594.61 Remit SIT Comm. of Rev. 594.61 16831 1.4923.000.00 81.1010 2,524.66 Remit PERA State Treas. 2,524.66 16832 1.4210.911.91 01.1010 68.00 Supplies Royal Crown Beverage Co. 68.00 16833 6.2300.000.00 56.1010 730.74 LT Deposits Scott Co. Treas. . 730.84 16834 4390.231.23 01.1010 20.00 Conf. & Schools Government Training Ctr. 20.00 16835 $4$,904.84 $48,904.84 FUND TOTALS O1 -General 49618.97 11 -Comm. Serv. 46.60 14 -Transit 3,352.23 15 -HRA 365.00 21 -Capital Imp. 6,925.50 56- 765.66 71 -Sewer 74.67 81 -Payroll 32,756.21 C='TY OE:- 23HA_KOP_EE INCORPORATED 1870 * ENGINEERING DEPARTMENT * 129 E. 1st Avenue - Shakopee, !Minnesota 55379-1376 (612) 445-3650 MEMO TO: John K. Anderson, City Adm i n i st ra - FROM: H. R. Spurrier, City Engineer SUBJECT: Trunk Highway 101 By -Pass Right -o - y1 quisition DATE: November 2, 1984 \ INTRODUCTION: The original proposal of Ken Lewis and Associates did not speci- fy specific items that the Minnesota Department of Transporta- tion needs before the appraisal of the balance of the property can be approved. BACKGROUND: The cost of preparing additional material not in the original contract increases the total appraisal fee by $600.00 to $1,800.00. It is my recommendation that the additional $600.00 appraisal fee be authorized for this project since increased cost is included in the amount of the loan. ACTION REQUESTED: A motion to approve increasing the total appraisal fee to Ken Lewis and Associates far Parcels 3 thru 8 be increased from $1,200.00 to $1,800.00. HRS/prep BYPASS C=TY O_F- SHAKO_PEa. INCORPORATED 1870 * ENGINEERING DEPARTMENT * 129 E. 1st Avenue - Shakopee, Minnesota 55379-1376 (612) 445-3650 MEMO TO: John K. Anderson, City Administr r FROM: H. R. Spurrier, City Engineer SUBJECT: 4th Avenue Reconstruction DATE: November 2, 1984 INTRODUCTION: As it is now proposed 4th Avenue would be reconstructed between County Road 83 and the north entrance to Canterbury Downs. BACKGROUND: Changes in the vertical alignment between County Road 83 and the north entrance of Canterbury Downs are significant along the entire length of 4th Avenue. The impact of that is that when the road is built in the future, some of the work that is done now will be removed and replaced. Until that occurs this road will have a patchwork appearance. The segments between Shenandoah Drive and County Road 83 that are not being reconstructed are now deficient in structure. Potholes are appearing and will continue to worsen with time. The segment between the north entrance of Canterbury Downs and Shenandoah is of principal benefit to local residents dri- ving to work in the Industrial Park and does not handle any significant traffic from the Racetrack. As proposed in the Enviromental Impact Statement (EIS), contruc- ting 4th Avenue between County Road 83 and the north entrance of the Racetrack would cost an estimated $274,000.00. Expanding the project to include the segment between the north entrance of the Racetrack and Shenandoah Drive adds approximately $222,000.00 in construction costs, $40,000.00 in night -of -way costs, and approximately $54,000.00 in technical services incre- asing ncre- asing t h e estimated cost by -roughly $316,000.00. Based on estimated revenues this increased work could be funded by a combination of Municipal State Aid and Tax Increment Bond Sale because the actual cost of the Off -Site Improvements have been under the original estimate. Fourth Avenue Reconstruction November 2, 1984 Page 2 As a practical matter reconstructing this segment is appropriate because it eliminates the need to rebuild any facilities in the vicinity of the Racetrack entrances and results in a uniform profile between County Road 83 and Shenandoah Drive, all of this within the original budget proposed for the Off -Site Im- provements. It is recommended that City Council authorize the construction of 4th Avenue between the north Racetrack entrance and Shenan- doah Drive as it was originally proposed in the Environmental Impact State. ACTION REQUESTED: A motion to direct appropriate City staff to include 4th Avenue construction between Shenandoah Drive and the north entrance to the Racetrack. HRS/pmp FOURTHAVE C='I'V O_FSH,gKOPH: a__ INCORPORATED 1870 * ENGINEERING DEPARTMENT * 129 E. 1st Avenue - Shakopee, Minnesota 55379-1376 (612) 445-3650 MEMO TO: John K. Anderson, City Adm i n i st rat or FROM: H. R. Spurrier, City Engineer SUBJECT: Alley Construction Block 20, City of Shakopee DATE: November 2, 1984 INTRODUCTION: The Engineering Department was asked to determine what work could be undertaken in the above referenced alley to alleviate the drainage problems that have caused the deterioration of the alley surface. BACKGROUND: In looking at this problem I have concluded that something roore than a windshield survey is necessary before making recom- mendations on a permanent or even temporary fix. To this point I have been unable to commit the necessary staff time to com- plete the analysis. I expect to have more time to complete that analysis later this winter after construction work shuts down. HRSlpmp ALLEYCON C=_T'Y OF SHlk1<O1=>3-=� INCORPORATED 1870 * ENGINEERING DEPARTMENT * 129 E. 1st Avenue - Shakopee, Minnesota 55379-1376 (612) 445-3650 MEMO TO: John K. Anderson, City Administrator- FROM: dministratorFROM: Fulton Schleisman, Engineering Inspector- SUBJECT: nspectorSUBJECT: Fifth Avenue Sanitary Sewer Reconstruction Project Change Order Number 1 DATE: November 8, 1984 INRODUCTION: The Contractor has submitted a claim for extra work performed while replacing a sewer service connection. BACKGROUND: Two weeks after all sanitary sewer work was completed, the property owner at 906 West 5th Avenue complained about the type and length of service pipe used in connecting his service to the new main. Subsequently, the Contractor was ordered to excavate and re- connect the service in a manner more satisfactory to the owner. Because the orgininal connection had been made in the manner approved by the Engineering Department, the Contractor must be paid for work performed according to the contract unit pt- ces. However, because the re -connection was done out of the normal construction sequence, the Contractor is asking to be paid the difference between actual costs incurred and the amount paid under unit prices, or $315.66. ACTION REQUESTED: A motion to authorize proper City Officials to execute Change Order Number 1 for the 5th Avenue Sanitary Sewer Reconstruction Pro j ect i ncreas i n g the contra amount by $315.66 to $137,776.17. �l i; l � pfhavecfor Submittal . R. Spu vier, City Engineer FS/pmp CHORN01 Change Order No.: 1 Date: November 1 , 1984 CHANGE ORDER Project Name: Contract No.: Original Contract Amount Change Order(s) No. — thru No. 1 Total Funds Encumbered Prior to Change Order Description of Work to be (Added/ : 5th Avenue Sanitary Sewer Reconstruction 1984-6 $ 137,460.51 $ -0- t 137.460.51 Re -connect sanitary sewer service at 906 West 5th Avenue. Additional cost for doing work out of normal construction sequence. The above described work shall be incorporated in the Contract, referenced above, under the same conditions specified in the original Contract as amended unless otherwise specified herein. Any work not so specified shall be performed in accordance with the Standard Specifications adopted by the City of Shakopee, Minnesota. The amount of the Contract shall be ( increased/dkXXex) by $ 315 . 66 The number of calendar days for completion shall be (increased/X XXK&) by 30 Original Contract Amount Change Order(s) No. — thru 1 Total Funds Encumbered Completion Date: November 30, 1984 $ 137,460.51 $ 315.66 t 137.776.17 The undersigned Contractor hereby agrees to perform the work specified in this Change Order in accordance with the specifications, conditions and prices specified herein. Contracto :" By : � ' Title: Date: APPROVED AND RECOMMENDED: City Engineer Date APPROVED: City of Shakopee By: Mayor Date City Administrator Date City Clerk Date Approved as to form this day of 19 City Attorney //172 C=TY OF" SHAK0PE1=- INCORPORATED 1870 * ENGINEERING DEPARTMENT * 129 E. 1st Avenue - Shakopee, !Minnesota 55379-1376 (612) 445-3650 MEMO TO: John K. Anderson, City Adminstrator FROM: Fulton Schleisman, Engineering Technician SUBJECT: Shenandoah Drive Street Construction Change Order No. 1 DATE: October 29, 1984 INTRODUCTION: The above mentioned project is under way with the Contractor hoping to place Class 5 before suspending work for winter. BACKGROUND: While stripping the topsoil north of 4th Avenue, hundreds of boulders were encountered. Approximately 70 of the largest rocks were relocated on site, but no suitable use for the bal- ance could be found within the project area. Jim Karkanen expressed a need for this type of material to fill a large washout on the north edge of Huber Park. There- fore, a price was negotiated, ($3.50 C. Y.) , for which the Contr- actor would excavate, load, and haul 712 C. Y. of boulders to Huber Park for a total cost of $2,492.00. ACTION REQUESTED: A motion to authorize proper City Officials to execute Change Order Number 1 for Shenandoah Drive Street Construction in- creasing n- creasing the contract amount J by $2,492.00 to $240,464.30. t Appro ed for Submittal H. R. S urr i er, City Engineer FS/pmp COSHENDR Change Order No.: 1 Date: October 26, 1984 CHANGE ORDER Project Name: Contract No.: Original Contract Amount Change Order(s) No. -- thru No. -- Total Funds Encumbered Prior to Change Order Shenandoah Drive Street Construction 1984-4 $ 237,972.30 $ -0- $ 237,972.30 Description of Work to be (Added/DW ): Excavate, load, and haul 712 C.Y. of rocks and boulders to Huber Park at $3.50 C.Y. for a total cost of $2,492.00 The above described work shall be incorporated in the Contract, referenced above, under the same conditions specified in the original Contract as amended unless otherwise specified herein. Any work not so specified shall be performed in accordance with the Standard Specifications adopted by the City of Shakopee, Minnesota. The amount of the Contract shall be (increasedAMEX�E�,) by $ 2,492.00 , The number of calendar days for completion shall be (increased/decreased) by -0- Original Contract Amount Change Order(s) No. -- thru 1 Total Funds Encumbered Completion Date: June 28, 1985 237.972.30 $ 2,492.00 t 240.464.30 The undersigned Contractor hereby agrees to perform the work specified in this Change Order in accordance with the specifications, conditions and prices specified herein. Contractor: Buesing Bros. Trucking, Inc. By -✓fes y Title, Date: APP OVED C0� H En it E gin r to APPROVE : City of S akopee By Mayor City Administrator Date Date Approved as to form this City Clerk Date City Attorney day of 19 //0 C=TY CD F- S14AKOI=1 E:a INCORPORATED 1870 * ENGINEERING DEPARTMENT 129 E. 1st Avenue - Shakopee, linnesota 55379-1376 (612) 445-3650 MEMO TO: John K. Anderson, City Administrator FROM: Fulton Schleisman, Engineering Technician SUBJECT: Shenandoah Drive Street Construction Change Order No. 2 DATE: October 29, 1984 INTRODUCTION: Part of the work required on this project included re -locating (lowering) 1,000 feet of existing 12" D.I.P. watermain. The water service for the Shenandoah Ballroom was affected by this operation. BACKGROUND: While the Ballroom service connection was not within the 1,000 feet construction area, it was located between 2 valves which had to be closed during the watermain lowering operation. The design Engineer had been led to believe the connection would not be affected. In order to provide water supply to the Ballroom during the 2 week construction period, it was necessary to re -locate the water connection to a point just outside one of the closed valves. The negotiated lump sum price for labor and materials to relocate the 2" Ballroom water service is $980.00. ACTION REQUESTED: A motion to authorize proper City Officials to execute Change Order Number 2 for Shen ndoah Drive Street Construction in- creasing n- creasing the contract a m oby X80. 00 to $241,444.30. Appro{✓edr Submittal H. R. Spurr er, City Engineer FS/pmp COSHENAN Change Order No.: 2 Date: October 29, 1984 CHANGE ORDER Project Name: Contract No.: Original Contract Amount Change Order(s) No. -- thru No. 1 Total Funds Encumbered Prior to Change Order Shenandoah Drive Street Construction 1984-4 t 237.972.30 $ 2,492.00 $ 240,464.30 Description of Work to be (Added/Deleted): Labor and materials to relocate existing 2" copper water service (for Shenandoah Ballroom) to a point north of existing gate valve. Lump Sum $980.00. The above described work shall be incorporated in the Contract, referenced above, under the same conditions specified in the original Contract as amended unless otherwise specified herein. Any work not so specified shall be performed in accordance with the Standard Specifications adopted by the City of Shakopee, Minnesota. The amount of the Contract shall be (increased%`&&` ) by $ 980.00 The number of calendar days for completion shall be (increased/decreased) by -0- Original Contract Amount Change Order(s) No. 1 thru 2 Total Funds Encumbered Completion Date: June 28, 1985 $ 237,972.30 $ 3,472.00 t ?ai_aa/i_3n The undersigned Contractor hereby agrees to perform the work specified in this Change Order in accordance with the specifications, conditions and prices specified herein. Contractor: Buesing Bros. Trucking, Inc. By: Title- Date: itle Date: /62 1g7 f j APP OVED AND COMMENDE R ity fntn)e4 D to APPROVE City of akopee By: Mayor Date Approved as to form this day of City Aaministrator Date 19 City Clerk Date City Attorney C=TV CD F- SHAKCDPaa INCORPORATED 1870 * ENGINEERING DEPARTMENT * 129 E. 1st Avenue - Shakopee, linnesota 55379-1376 (612) 445-3650 MEMO TO: John K. Anderson, City Administrator- FROM: dministratorFROM: Fulton Schleisman, Engineering Technician SUBJECT: Shenandoah Drive Street Construction Change Order No. 3 DATE: October 30, 1984 INTRODUCTION: Shakopee Public Utilities has requested the addition of an item not included in the contract proposal. BACKGROUND: Shakopee Public Utilities has asked that a new 12" resilient wedge gate valve be installed during the watermain lowering work on this project. The negotiated lump sum cost to furnish and install the 12" gate valve is $850.00. ACTION REQUESTED: A motion to authorize proper City Officials to execute Change Order Number 3 for Shenndoah Drive Street Construction in— creasing the contract a nt by $850.00 to $242,2134.313. pbvefor Submittal .R. Sp Vier, City Engineer FS/pmp COSHENDRI Change Order No.: 3 Date: October 30, 1984 Shenandoah Drive Street Construction C, I , -(• ' 1984-4 OriC,irial Contract Amuu:;t Change Order(s) No. 1 t,i:ru: No. 2 Totul Funds Encumbered Pr—:,- 'Lx Ci:an,„t. Description of Work to be (Added, �3�X 237,972.30 3,472.00 241,444.30 Furnish and install one 12” resilient wedge gate valve for the Lump Sum of $850.00 The above described work shall be j, tic i;�_,rateci :in the ,:;t'.;-r�ci;, r-eferenced above, under the same conditions specified in the or.t;inal Contract as a::ended unlessn otherwise specified herein. Any wort: not so specified be performed in accordance with the Standard Specifications adopted by the City of Shakopee, Minnesota. The amount of the Contract shall be (increased/cbMULrUxxx) by W 850.00 The number of calendar days for completion shall be (increased/decreased) by -0- Original Contract Amount Change Order(s) No. 1 thru 3 Total Funds Encumbered Con;pletion Date: June 28, 1985 $ 237,972.30 4.322.00 $ 242,294.30 The undersigned Contractor hereby agrees to nerform the work specified in this Change Order in accordance with the specifications, conditions and prices specified herein. F;1;V1LML'D Contractor: Buesing Bros. Trucking, Inc. By: Vp.� Title: Date,: ROVED AN ..,R '01-94EINID r J� r ity e a e APPROVEI�-' City of 'Shakopee By: Shakopee Public Utilities Commission iks n ger Date Mayor Date App roved as to form this day of Cit;,✓ Administrator Date 19 City Clerk Date C: t;,y r,ttorc:ey ''F C= T Y O F E5 H A, K O P E INCORPORATED 1870 * ENGINEERING DEPARTMENT * 129 E. 1st Avenue - Shakopee, Minnesota 55379-1376 (612) 445-3650 MEMO TO: John K. Anderson, City Administr , F ROM : H. R. S purr i er, City EngineerSUBJECT: Trunk Highway 101 Frontage Road DATE: November 2, 1984 INTRODUCTION: On August 28, 1984 I learned that the Minnesota Department of Transportation would fund a maximum $180,000.00 of the above referenced project. The total estimated cost of the project at that point was $838,050.00. The appraised benefit of the project was $98,235.00. That left an unfunded liability of $559,815.00 that would have to be funded out of the City's General Fund, since no other fund, grant, or other source was available. In view of the fact that the project could not be funded, I recommended that City Council immediately halt all work on this project. At this point the City has invested $64,724.45 in consulting fees and staff expense, those fees are as follows: City Staff Time $10,516.50 Suburban Engineering 553,679.47 Other Expenses $ 528.48 The staff time has already been funded by the General Fund and for the most part been absorbed by the Engineering Depart- ment. The balance of the cost is being funded by the Capital Improvement Fund and is included in the 1985 Budget approved by City Council. There is no mechanism under the Chapter 429 process by which the City can recover its study cost. The only guarantee the City has in funding projects such as this is to keep closer account of grant funding such as was proposed for this project or be certain that the benefit equals or exceeds the estimated cost of the project. In the future the City should be extremely cautious about projects where the appraised benefit depends heavily on external grants. There is no action requested since the Budget for 1985 has been approved and it funds the non assessable liability incurred by this project. HRS/pmp ��--InrT--,r_-- MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Appointment to Board of Directors of Shakopee Community Access Corporation, Inc. DATE: October 12, 1984 Introduction There is currently a vacancy on the Board of Directors of the Shakopee Community Access Corporation, Inc. because of the recent resignation of Barbara Hegfors. Background The By -Laws of the Corporation provide that any member of the Corporation interested in appointment must receive support from 20% of the members in good standing in order to place their name in nomination for appointment by the Council. 0 Mr. Morke, Chairman, has submitted the attached petition support- ing the appointment of Clifford Stafford. 0 Action Requested fi 0 Nominate Mr. Clifford Stafford to the Board of Directors of the Shakopee Community Access Corporation Inc. to fill the unexpired term of Barbara Hegfors until January 31, 1985. JSC/jms November 6, 1984 recommended action: Appoint Mr. Clifford Stafford to the Board of Directors of the Shakopee Community Access Corporation Inc. to fill the unexpired term of Barbara Hegfors until January 31, 1985. October 17, 1984 John Anderson City Administrator City of Shakopee City Hall Shakopee, Minnesota 55379 Dear John: I am requesting consideration for the open position on the Planning Commission. I will send my resume at the end of the week. Sincerely, Nancy E. Ch 'stensen October 15, 1984 - CITY OF SHAKOPEE 129 E. lst Avenue Shakopee, i!N 55379 L"1 T TLV: :icy A uLiiilibtraLoi Re: Application for Planning Commission Position Dear Sir: We have been residents of Shakopee for almost a year. It has given us time to explore the city and become familiar with all the stores and services here. We have also made many friends and feel we belong to the community. I am in the landscape business - basically design and installation of plant material and related work. We moved here from Bloomington where we lived for 10 years. Previous to that, thirteen years were in Burnsville where I spent 32 years on the Burnsville Planning Commission, three years as secretary (and chairman for a short time). During that period Burnsville went through the transition from township to city. We took advantage of the government assistance and developed the 701 comprehensive guide plan for Burnsville. I um 57 years old. vur iiiiureiL art all :.iarl"1t Ci, SO I i1aV�' the time and 26 years of experience in all phases of project design. Thank you for your consideration. Sincerely, David E. Pomerenke 2237 Valley View Road Shakopee, L.1 55379 v �� yf°'...z t 1..,. ,F, f..,k q• ; 1 ."- v'a'v "`% t : TV. -! _t ''r R � ~C+ �b� ;["y �'i�.- W°P ry�y` ar ,� � ��' �,t,, � u _ � k i f a- _c i �'r'� �• .*°n�'> +� � � s 7 r�wk 4^ r ♦ : tL - v s r• 7r'�'dy� ".�' j ..f. r `6'^.a' J i {'i k, 0 x - _ h...�,yq yk ��y �'� yy j 'ta',•„ i� � JL�y � i -,�Yr�yp"- p - �'""__ �•. SSS �,Cr.�++; f�� k �,i VR` �u.�� *fir f .� r _>�{ Y v "{+C 17 .s'Y � { ' .�„'" '� tib. � • x, .�, xL tis z �- ^a �. 'e37 � �. �' ` ° � .�` �. d� ye1,y�� S f -i A_� Cr �ht�''�. 1 �jy{# �•C �°�. �. :; a,�'9.a�yy.',� (51•� Y �"`1"N `}7'a'-�.-,' e ^+ y��' 1 s. �'{�> v k ��w�;4 � ,�'�''? '�� u �'� `�,'�� r's<"-y'o"�;�,�«: r� _��• a +: a ���,' : ev7c �� k;�} c@, —9' - %, M; bpi Sy-E.vs `° w, , 3 A x •s. w,+1,� iw '�'�(3 �'.�:• tc+. ;. } ' b � ira rr4-Z'!. ..'`.��r ,.••.ev'', '� z>�'�.W`i '�',x` F 'rc .:w,�j. i �. a.t F': ae aa,t 'f� _-�•- r 1 - � �.,X..Q {,. '�:� a'�� � 2. f� .-�F azTYr a $4, �r - } -' `ij � ..�Y � yat.F � t G� K s ° Y• ^Li i e "f' ',.;d �, er =' . � Y,y� -� - ` i H a „5s :aT i;..glr. ,/ �:�. �: ,A F �..1,` 'o •♦ -ta 4�a, •e •3.,*�z.`=.Tati �«r �}tiro[`•,� tG` 7 '♦ 'r i �f ��sPrg r C* .y aw r i �<it f p a a, t t Yaat�gy 6.. - r � '� - . A: o ♦ M1s nw, xG )c 3������rk f �r ys /r �n ti ' -: 'r' . fG '" v .� `i > s f... '+' � < ..�.�+ ��h��` �;.5 � ��*'��` a f« r ,A -.. y 'v.�• 'r�a'3�;�: � :°' � }"S�i dit% �.eAy..A„ ` r '���4t i7.k.�.� y'N��'�".1���'��C�r'"�'4.,`5��.��'-y�ii ♦• �}��k A T; & o i. ibf►_ 8♦ _ . Sr a:, b 4 ��'y�£3''.�r.>e�l f � :.1 z"{ ,r. rrib� �y� 5"T�.� . ni'a' k ta.,.� `�'��; <e,t i,. ak •I1t_a>•�/,!9 ;�..''..�t,a,�•�"'�YYY��'��ii:ia�L�ft�`1•:a�W'i�._����T:93.}��& `�fi'��'��`�i: rCr,ilii-.Si�ti7Y ed V 10 D��n�C �,��'+j�.'�a �f�yyljq � `� � r '.$$ CiLLZi October 1-984 Re Planning Com,�:ission Vacancy: lnterest in com-munit3r structure, local ?olitics anci commerce with ==ye on improving overall sense of community. George Realander s Mr. John Anderson City Administrator City Hall Shakopee, Minnesota 55374 Dear John, ti. 832 East 8th Avenue Shakopee, Minnesota 55374 October 19, 1984 r W c � c•' ( n!' n C. r 2 � E I am making application for a position on the Shakopee City Planning Commission. As you know, I am a former member of the Downtown Ad Hoc Redevelopment Committee and, as such, have demonstrated an interest and ability to contribute to the deliberations which are the foundation of that group's current proposal. I am an eleven -year community resident and have been actively involved in community affairs with the League of Women Voters and as a board member of Murphy's Landing and Shakopee Community Services. As a manager in the Government and Public Affairs Division of the Greater Minneapolis Chamber of Commerce, I am experienced in working with government officials and agencies. With Shakopee on the verge of dynamic new development, considerable challenge faces the Planning Commission. I would feel privileged to be appointed to that body and I am willing to devote my time and talent to it. Thank you for your consideration of my application. Sincerely, „ , 4f,/ Nanc E Christensen enclosure r� NANCY E. CHRISTENSEN 832 East Eigth Avenue Shakopee, Minnesota 55379 (612) 445-4965 PROFESSIONAL -Organization and management STRENGTHS: -Planning and implementation -Interpersonal communication and persuasive skills -Writing and speaking PROFESSIONAL Manager, State Legislative Affairs, 1984 EXPERIENCE: Assistant Manager, Government and Public Affairs, 1981 - 1983 Greater Minneapolis Chamber of Commerce -Organized and managed committees planning policy in local affairs, state legislation and political action -Organized small business members in legislative district networks -Lobbied business issues at Minnesota State Legislature -Established a business coalition for Unemployment Compensation Reform and Equity, Executive Committee member, 1984 -Assisted in passing Regulatory Flexibility Law, 1983 -Supervised activities of an intern and marketing consultant -Designed, implemented and marketed an employee economic/ political action awareness course to 15 major Twin City companies -Directed research and wrote study on Redesigning Fire Service Delivery -Designed and wrote legislative updates, alerts, brochures and newsletter articles Public Relations Consultant, Self-employed Shakopee, Minnesota, 1974 - 1981 -Planning: Developed comprehensive public relations proposals and marketing strategy for clients -Training: Designed and conducted workshops on public relations and interpersonal communications -Writing: Planned, developed and edited newsletters for county (circulation 13,000) and school district (circulation 4,300) Planned and developed news releases, brochures, billing insert for advertising clients. Professional and Civic Organization-Leader/Activist -Cofounded volunteer auxiliary of Minnesota Valley Restoration Project, President 1980 - 1983 -Launched successful community drive resulting in more equitable rules for player participation in Community Services Athletic Program -Managed Volunteer in Education program servicing eight schools in Rochester, Minnesota, (American Association of University Women) -Guest lecturer at Alumnae Continuing Education Day, College of St. Catherine NANCY E. CHRISTENSEN Senior High School English Instructor, Stillwater Senior High School Stillwater, Minnesota, 1962 - 1964 EDUCATION: Bachelor of Arts, English, College of St. Catherine, 1962 Continuing Education: Institute of Organization Management U.S. Chamber of Commerce, 1981, 1982, 1983 Behavioral Aspects of Women in Management College of St. Catherine, 1980 Public Relations, University of Minnesota, 1978 CURRENT -Minnesota Government Relations Council PROFESSIONAL -Chairperson, Shakopee Community Services Board AND CIVIC -Board Member, Minnesota Valley Restoration Project MEMBERSHIPS: -League of Women Voters -Public Relations Society of America J se. �.� P• Ir r•� OCT 1 7 1984 October 16, 1984 Mr. John Anderson City Administrator City of Shakopee 129 East 1st Avenue Shakopee, MN. 55379 Re: Application for Vacancy on Planning Commission Dear John: Please accept this letter as my application for consideration as a member of the Planning Commission for the City of Shakopee. I have been a resident of Shakopee for the past seven years. My family and I moved here from South Minneapolis. We have two sons, ages 13 and 17. I am employed by the City of Minnetonka as their Right -Of -Way Agent. The position requires me to interact with Attorneys, Engineers, the general public, Planners and Appraisers. As a municipal employee for more than twelve years, I am aware of some of the sensitive issues between local government and the public. I feel I possess qualities and experience that may be useful as a member of the Planning Commission. Enclosed for your convenience and information is a copy of my resume that more fully describes my experience and education. I would be pleased to discuss my application with you further. I may be reached between 8:00 am and 4:30 pm at 933-2511, extension 135. After 5:00 O'Clock I may be reached at home, at 445-7012. Thank you for your consideration. Sincerely yours, ;4 ?;! ` rao� JOHN M. LANE 945 Apgar Street Shakopee, MN. 55379 RESUME JOHN M. LANE 945 Apgar Street Shakopee, Minnesota 55379 (445-7012) ENGINEERING TECHNICIAN III, Minnetonka, Minnesota: EASEMENT ACQUISITION COORDINATOR: January 1980 to Present. - Legal assistant for various departments within the City; - Appear before commissioners' hearings and District Court; - Coordinate and review the activities of consultants and other assistants engaged in the negotiation for the purchase of property for highway and for other purposes; - Coordinate and participate in the negotiations with property owners or their legal representatives for the purchase of property; - Coordinates the securing of information and material for use by counsel in court actions; - Analyze title documents, appraisal reports and construction plans; - Perform property ownership title research; - Prepare legal documents; e.g. Purchase Agreements; Agreements; Warranty Deeds; and Quit Claim Deeds; - Coordinate and supervise closing proceedures; - File legal documents with the Hennepin County Recorder and/or the Registrar of Titles; - Document real estate transactions; - Maintain an inventory of City owned property; - Coordinate and supervise the administration of Relocation Assistance; - Prepare maps and graphic illustrations; RELOCATION ASSISTANCE COORDINATOR: November 1978 to January 1980. - Administer the provisions of the "Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970", ( Public Law 91-646), and the provisions of Minnesota Statute No. 117. - Perform title research for names of owners and legal descriptions; - File documents at Hennepin County;- - Assist in drafting utility plans; - Prepare feasibility studies and cost estimates; CONSTRUCTION INSPECTOR: January 1977 to November 1978. - Supervise all phases of construction of sanitary sewers, storm drains, watermains, street surfacing, concrete curb and gutter and restoration; - Mediate disputes between City officials, contractors and property owners; - Document daily progress and factual data; - Verify existing conditions on projects prior to construction; - Prepare monthly estimates of quantities completed for payment; - Assist in the supervision of the preparation of feasibility studies and cost estimates for municipal utility plans; RESUME - John M. Lane Page 2 ENGINEERING TECHNICIAN II, Minnetonka, Minnesota: CONSTRUCTION INSPECTOR: (Continued) - July 1974 to January 1977. - Maintained daily diary of Contractors' progress and factual data; - Drafted "As -Built" plans to document all field revisions; - Documented locations of sanitary sewer and water service locations for individual properties; - Assisted the design section in the preparation of utility plans; SURVEY CREW PARTY CHIEF: May 1974 to July 1974. - Supervised three member survey crew; - Performed construction staking for the installation of municipal utilities; - Drafted "As -Built" plans; - Drafted "tie cards" to document the locations of sanitary sewer and water services to individual properties; ENGINEERING TECHNICIAN I, Minnetonka, Minnesota: RODMAN/CHAINMAN: May 1972 to May 1974. - Performed duties of subordinate member of survey crew; - Performed construction ,staking for the installation of municipal utilities; - Drafted utility plans and "As-Builts"; Prepared legal notices; - Prepared assessment rolls; PART TIME EMPLOYMENT EXPERIENCE SUPERVISORY: PMS Service Corporation, Edina, Minnesota: January 1983 through June 1983 - Supervised eight member professional janitorial crew; - Performed professional janitorial services in commercial offices; LABORER: Bill's Janitorial Service, Bloomington, Minnesota: June 1972 to December 1973 - Performed professional janitorial services; RESUME - John M. Lane Page 3 EDUCATION: 1984 - Certificate of Completion - Real Estate Law II, Course No. 55.09 - Dunwoody Industrial Institute; Richard Little, Deputy Examiner of Titles for Hennepin County; - Certificate of Completion - The Art of Negotiations in Public Works - University of Minnesota; - Certificate of Completion - Defensive Driving - Employee Benefit Administration Co. (E.B.A.) - National Safety Council; - 5.75 hours credit - Title Insurance in Minnesota - Minnesota Continuing Education League - a division of the Minnesota State Bar; - Back Safety - E.B.A. Company; 1982 - Certificate of Completion - Fabric Technology - Saint Paul Area Technical Vocational Institute; 1979 - 16 hours seminar entitled "Human Dynamics" - a study of Adlerian psychology; 1977 - Work Area Traffic Control; 1976 - Seminar - Construction aggregates - J.L. Shiely Company; - Tree trimming and lawn care - Don Cheeley, City Forrester; 1975 - In service training course for Public Works supervisors in construction and inspection - League of Minnesota Municipal- ities; 1974 - Bituminous conference - Northwest Asphalt Company; 1972 - Diploma - "Highway and Surveying Technology" - Dunwoody Industrial Institute; 1963 - Diploma - Robbinsdale High School; MILITARY SERVICE: Fort Hood, Texas, U.S. ARMY - January 1966 to January 1968. - Honorably discharged; - Clerk typist for the Acting Inspector General; - Assigned to Headquarters, 13th Support Brigade; REFERENCES: Available on request. December 29,1983 Att: Judith Cox Shakopee City Council 129 E. 1st Ave. ,Shakopee, MN 55379 Dear Ms. Cox: n Charles A. Mensing 117 S. Fuller Shakopee, MN 55379 I.am interested in and am applying for the vacant seat on the Planning Commission. After graduating from Mankato Vocational Technical Institute with a degree in Sales and ;;anagement, I took up residence in Shakopee and pursued a career in business where I had managed the local "Kentucky Fried Chicken for 2 years and have been the proprietor of Nampach's Restaurant for the past 8 years. Besides owning my own business, I am the holder of a Ainnesota State brokers license which enables me to be employed at ERA -Laurent Realty as a real estate agent. I feel I can be an asset to the Planning Commission be- cause of my thorough kno.I;ledge of Shakopee and all my busi- ness and real estate experience. Thank -you for your considera-,ion, Charles A. IMensing smb 11/84 Still interested in appointment. 1"Z P_'47� CITIZENS STATEBANK OF SHAKOPEE 1100 EAST 4th AVENUE SHAKOPEE. MINNESOTA 55379 TEL.: (612)445-8200 January 26, 1984 Mr.John K. Anderson City Administrator City of Shakopee 129 E. First Ave. Shakopee, Mn. 55379 Dear Mr. Anderson: Thank you very much for your recent letter regarding your request that I serve on the Energy and Transportation Committee. I would be more than happy to serve on the Energy and Transportation Committee. The comments made in your regarding the issues to be addressed by the Committee sound very interesting and I would look forward to serving there. Please let me know what the next step might be in securing a position on that Committee. I look forward to meeting you. Sincerely, CITIZENS STATE ANK OF SHAKOPEE James A. Weeks ;Chief Operating Officer JAW/ds 11/84 Still interested in appointment. TO: Mayor, Council Members FROM: Tom Brownell, Chief of Police SUBJECT: Daily issuance of citations DATE: October 17, 1984 INTRODUCTION On October 16, 1984, council requested a policy, whereby persons flagrantly violating the city code would be cited daily until compliance. BACKGROUND A few individuals are refusing to comply with staffs oral and written requests to conform to the city code. When a citation is issued the process can further be delayed through the court by requesting a hearing or obtaining a continuance. Issuing a citation on a daily basis would be costly in staff time and our experience with the courts tends to indicate the citations or complaints would be dismissed. I recommend citations should be issued on a weekly basis as a city code violation requires a court appearance. Weekly court appearances will be an inconvience to the individual, make the court aware of continuing non-compliance and minimize the appearance of unreasonable harassment by the city in the perception of the court. Each complaint the department issues has the potential of costing a minimun of $128.00. The City Attorney and I have discussed this matter and agree that it is a reasonable method of dealing with the problem. RECOMMENDATION Staff should issued citations on a weekly basis to individuals who disregard the "Standard Operating Procedures" for enforcing the City Code. COUNCIL ACTION REQUESTED Direct Staff to issue citations on a weekly basis to individuals who disregard the "Standard Operating Procedures" for enforcing the City Code. TO: Mayor Council Members FROM: Tom Brownell, Chief of Police SUBJECT: School Crossing Signals DATE: October 29, 1984 INTRODUCTION Automated school crossing signals are no longer legal control devices by Minnesota Highway Department standards. The City of Shakopee has flashing pedestrian devices at East 5th Avenue at Lewis and West 4th Avenue at Atwood. BACKGROUND., The school crossing lights at 4th & Atwood have been•ihactive for about two years and east/west traffic has been controlled with stop signs. North/south traffic on Atwood is not controlled by signing. The school crossing at E. 5th Avenue and Lewis has been controlled by the flashing red light on Lewis and yield signs at E. 5th Avenue. The city engineer, school district assistant superintendent, utilities superintendent and myself have consulted regarding this matter. Four-way stop signing at these locations will enhance the safety of school children and school safety patrol. RECOMMENDATION Remove flashing red light pedestrian control devices from East 5th Avenue at Lewis Street and West 4th Avenue at Atwood Street. Install stop signs on all four corners of the intersections at East 5th Avenue and Lewis Street and West 4th Avenue and Atwood Street. COUNCIL ACTION REQUESTED Direct staff to removed flashing red light pedestrian control devices from East 5th Avenue at Lewis Street and West 4th Avenue at Atwood. Install stop signs on all four corners of the intersections at East 5th Avenue and Lewis Street and West 4th Avenue and Atwood Street. MEMO TO: John K. Anderson, City Administrator FROM: Barry A. Stock, Administrative Intern RE: Authorization to Enter Into a Community Energy Council Grant Agreement with the State of Minnesota DATE: October 31, 1984 Introduction: A resolution authorizing the appropriate city officials to execute (sign) the Energy Council grant agreement is needed before we can obtain funding for our Waste Abatement and Recycling Program. Background: On October 2, 1984 the Shakopee City Council approved Resolution No. 2313. This resolution authorized the City Administrator to sub- mit an application to the Mn Dept. of Energy and Economic Development for the funding of a waste abatement and recycling program in Shakopee. The resolution also addressed a 10% local match to be taken out of the City's contingency fund. Based on our grant application the City's local match will be $907.75. On October 23, 1984 the City of Shakopee was notified that our grant proposal has been approved for funding. Before we can proceed with our program the Dept. of Energy and Economic Development is requiring that the City approve a resolution authorizing the appro- priate City officials to execute the Energy Council Grant agreement. Attached is resolution No. 2339 which authorizes the appropriate City officials to enter into a grant agreement with the State of Minnesota for funding of our Community Energy Council grant appli- cation and project entitled Shakopee Community Recycling and Abate- ment Project. Alternatives: 1. Approve Resolution No. 2339 authorizing the appropriate City officials to enter into a Community Energy Council agreement with the State of Minnesota. 2. Do not approve Resolution No. 2339. Recommendation: Staff recommends alternative number 1. Action Requested: Move to approve Resolution No. 2339, a resolution authorizing the appropriate City officials to enter into a Community Energy Council grant agreement with the State of Minnesota. RESOLUTION NO. 2339 A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ENTER INTO A COMMUNITY ENERGY COUNCIL GRANT AGREEMENT WITH THE STATE OF MINNESOTA Be it resolved that the City of Shakopee, Mn enter into a grant agreement with the State of Minnesota for funding under the Community Energy Council grant program for the project entitled Shakopee Community Recycling and Abatement Project to be conducted during the period from January 1, 1985 through December 31, 1985. Further resolved that Eldon Reinke, Mayor; John K. Anderson, City Administrator; and Judith S. Cox, City Clerk are hereby authorized to execute certification as required and execute such agreements as are necessary to implement the project on behalf of the City of Shakopee. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1984. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1984. City Attorney Memo To: John K. Anderson, City Administrator From: Gregg Voxland, Finance Director Re: 1984 Budget Amendment Date: November 2, 1984 Introduction & Background Council has taken a number of actions so far this year that have not been followed through with formal budget amendments. These include salary determinations, Building Inspector requests, Engineering vehicle, Administration copier and computer, Police HVAC at $10,000, etc. The only item Council has not seen before is the request for an additional $100 for cable dues. This memo details the changes and Resolution No. 2335 modifies the formal appropriations for the General and Special Revenue Funds. General Fund Revenue Plan Check Fee Sale of Documents Plats/Rezone/Cond. Use Liquor Licenses Building Permits Plumbing Permits Sewer & Water Permits Electrical Permits Transfers in Total Expenditures Administration Clerk Finance Comm. Develop. Gov't. Bldg. Police Inspection Engineering Street Park Pool Cable ICC Unallocated Personnel Capital Personnel Personnel Personnel Personnel Supplies & Serv. Personnel Supplies & Serv. Personnel Supplies & Serv. Capital Personnel Capital Personnel Personnel Supplies & Serv. Supplies & Serv. Supplies & Serv. Supplies & Serv. Contingency Increase $ 30,000 2,000 7,000 8,000 45,000 7,000 4,000 4,000 21,365 $128,365 $ 11,859 17,500 5,896 7,558 2,210 792 2,000 16,741 10,000 24,229 21,350 2,050 2,058 1,825 2,423 800 2,700 6,000 100 50 (9,776) $128,365 Budget Amendment Memo Page 2 Park Reserve Revenue Contributions 40,000 Expenditures Timber Trails Playfield 10,300 Tahpah Water & Sewer 60,300 Horizon Heights 12,500 Capital Equipment Transfers to General Fund (Capital equipment above) 21,375 Revenue Sharing Transfers to General Fund (40,000) (Fire Pumper to be expended in 1985) Action Requested Adopt Resolution No. 2335. GMV:mmr RESOLUTION NO. 2335 A RESOLUTION AMENDING RESOLUTION NO. 2179 ADOPTING THE 1984 BUDGET. WHEREAS, the City Council has adopted a budget with estimated revenues and appropriations for 1984; and WHEREAS, due to changing conditions it is appropriate to amend the 1984 Budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that Resolution No. 2179 detailing estimated revenues and appropriations for 1984 is amended to read as follows: Estimated Revenue Appropriation General Fund - (Personnel, Supplies & Capital Outlays) Mayor & Council $ $ 50,000 Administration 89,043 City Clerk 55,831 Assessor 14,400 Finance 117,683 Legal 40,540 Planning 44,640 Government Buildings 47,987 Ind./Commercial Commission 850 Cable Communications 10,777 Police 760,310 Fire 272,451 Inspection 129,529 Civil Defense 2,525 Animal Control 4,550 Engineering 170,905 Street 573,251 Shop 55,670 Storm Sewer 6,500 Weed 500 Pool 48,000 Park 169,638 Forestry 23,618 Garbage 145,200 Unallocated 157,773 Total General Fund 2,897,193 2,992,171 Revenue Sharing 114,000 319,500 Park Reserve 167,000 228,800 Capital Equipment 58,000 29,475 Transit 111,650 111,650 Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1984. RESOLUTION NO. 2340 A RESOLUTION ADOPTING THE 1985 BUDGET BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the 1985 Budget with the estimated revenues and appropriations for the General Fund and the Special revenue Funds as shown below is hereby adopted. Mayor of the City of Shakopee ATTEST: Cite Clerk Estimated Revenue Appropriation General Fund - (Personnel, Supplies & Capital Outlays) Mayor and Council $ $ 43,670 Administration 74,070 City Clerk 69,260 Finance 135,940 Legal 40,700 Planning 52,500 Government Buildings 45,340 Ind./Commercial Commission 6,000 Police 777,740 Fire 406,605 Inspection 116,680 Civil Defense 2,775 Animal Control 6,770 Engineering 168,355 Street 464,185 Shop 73,695 Storm Sewer 6,610 Weed 1,150 Pool 43,215 Park 180,850 Forestry 24,000 Garbage 160,000 Unallocated 216,487 Total General Fund 3,066,597 3,116,597 Revenue Sharing 103,000 301,700 Park Reserve 36,000 21,000 Transit 227,480 227,480 Cable 17,500 15,375 Capital Equipment 62,000 166,400 Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1984. Mayor of the City of Shakopee ATTEST: Cite Clerk MEMO TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Resolution No. 2340 Adopting the 1985 Budget DATE: November 1, 1984 Introduction & BackQround Attached is Resolution No. 2340 adopting the 1985 Budget. Changes from previous budget meetings are incorporated and projects from the CIP have been incorporated. The funds affected by items from the CIP are the Debt Service, Capital Improvement, Downtown, Racetrack, Special Assessment, and Park Reserve Funds. Action Reauested Adopt Resolution No. 2340, A Resolution Adopting the 1985 Budget. GV/jms r � MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk PE: Muhlenhardt Petition for Vacation of Easement DATE: October 30, 1984 Introduction On October 16, 1984 Council directed preparation of a resolution denying a petition for the vacation of a utility and roadway easement owned by Linda Muhlenhardt. Background A public hearing was held on the vacation request on October 16th. Interested parties were given an opportunity to speak. Council did not find that the vacation was in the public interest. The attached resolution was reviewed by the Assistant City Attorney Rod Krass. Alternatives a. Adopt Resolution denying petition. b. Don't adopt resolution of denial. Recommended Action Offer Resolution No. 2338, A Resolution Denying the Vacation of an Easement for Public Utilities and Roadway Purposes Located Within the NW 1/4 of the NW 1/4 of Section 24-115-22, Scott County, Minnesota (South of Horizon Drive), and move its adoption. JSC/jms RESOLUTION N0, 2338 A RESOLUTION DENYING THE VACATION OF AN EASEMENT FOR PUBLIC UTILITIES AND ROADWAY PURPOSES LOCATED WITHIN THE NW 1/4 OF THE NW 1/4 OF SECTION 24-115-22, SCOTT COUNTY, MINNESOTA (SOUTH OF HORIZON DRIVE) WHEREAS, a petition has been received by abutting property owners requesting the vacation of part of an easement for public utilities and roadway purposes located within the NW 1/4 of the NW 1/4 of Section 24-115-22, Scott County, Minnesota; and WHEREAS, a public hearing was held on October 16, 1984, to consider the said vacation and due notice of the hearing had been given, as prescribed by law; and WHEREAS, all persons desiring to be heard on the matter were heard at the public hearing in the Council Chambers in the City of Shakopee; and WHEREAS, the Council has been fully advised in all things. NOW, THEREFORE, BE IF RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the petition for requesting the vacation of the public utility and roadway easement, described in Exhibit A attached hereto and made a part hereof, is hereby denied for the following reasons: 1. The roadway easement serves a public use for abutting property owners. 2. The roadway easement provides access to abutting property owners by emergency vehicles. 3. The City previously issued a variance to Lot 2 Block 4, Horizon Heights 3rd Addition to construct a house nearer to the rear lot line, than allowed by the City Code, in order to access onto the said easement. 4. The vacation of the said easement would not be in the public interest. Adopted in _ session of the City Council of the City of Shakopee, Minnesota, held this _ day of , 1984. Mayor of the City of Shakopee ATTEST: EXHIBIT A The Westerly 60 feet and the Northerly 60 feet of the South 396 feet of the North 725.85 feet of the West 330.15 feet of the Northwest Quarter of the Northwest Quarter of Section 24, Township 115, Range 22, Scott County, Minnesota, and The Northerly 60 feet and the Westerly 60 feet and the Southerly 60 feet of the South 396 feet of the North 725.85 feet and the East 330.15 feet of the West 660.30' of the Northwest Quarter of the Northwest Quarter of Section 24, Township 115, Range 22, Scott County, Minnesota. JULIUS A. COLLER 1859-1940 Mrs. Judy Cox, City Clerk Shakopee City Hall Shakopee, Minnesota 55379 Dear Judy: cJULIUS A. COLLER, 11 ATTORNEY AT LAw 2 1 1 WEST FIRST AVENUE SHAKOPEE. MINNESOTA 553T9 October 22, 1984 612--45 1244 . 1984 At the request of the Shakopee Police Chief Brownell I have prepared the enclosed Ordinance and request that it be placed on the next agenda. The reason is the Code as it now stands is contradictory. Section 5.02 Subdivision 7-A on page 118 of the Code permits consumption of liquor on any premises up to 30 minutes after the hour when a sale thereof can legally be made and Sec. 5.33 Subd 4 prohibits the consumption of liquor on the premises when sale of liquor is not permitted. The purpose of this Ordinance is to reconcile the two provisions by removing the words "or consume" Subd 4 Section 5.33 page 126 of the Code. If you have any questions please call me. Very truly yours, a Julius A. Coller, II City Attorney JAC/nh Enc. ORDINANCE N3. 1 F-,> Fourth Series An Ordinance of the City of Shakopee Amending, Shakopee City Code Chapter 5 Entitled "Liquor, beer and Fine Licensinf, and Regulation" by striking from Subd 4 of Section 5.33 the words "or .!—V ume" an ^:,;king no substitution and by adopting by reference Shakopee City Code Chapter 1 and Sec 5.99 Which among other. Things contain per.alt;provision. THE CITY COUNCIL OF THE CITY OF SHAROPEE, ?MINNESOTA ORDAINS: ,CzLion ?: Shakonee Citi- Code SLbd 4 of Section 5.33 is hereby amended as follows: Strike from Subd 4 of Sec 5.33 the words "or consume" and make no substitution. SECTION -- Pena lts Sh--,:opee Cite Code Chapter 1 entitled "General Provisions and Definitions applicable to the entire City Code including Penalty Provisions" and Sec 5.99 entitled ".'iclations a Misdemeanor" are herebv adcvted in their ens rety by reference as though repeated verbatim herein. SECTIO? III: I -Then in force and effect Aftar the adopticn, slgnin.!q� and attestation of this Ordinance it shall LSE published once is 'Lie official newspaper of •the City cf Shakopee and sha11 then be in full force anu effect. Adopted in session of the C .t,- 1.ouncil of the City of Shakonee, Minn- esota heir this day of 1984. Mayor of the City of Shakopee ATTEST: City Clerk Prepared and approved as to form this 22nd day of October, 1984. Attornel for the Ci f Sh&!-,cpee I' //,o-0 (xt (c �{dos yr tic iq,�j( �11 3 RESOLUTION NO. 2342' A RESOLUTION CANVASSING RETURNS FOR THE SPECIAL 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 special municipal election held in and for said City on November 6, 1984, was in all respects duly and legally held and the returns thereof have been duly canvassed, and the votes cast at said election were as follows: For the Question: Shall the City Council be allowed to issue three (3) on -sale licenses for the sale of intoxicating liquor at retail in addition to the nubmer now permitted by law? YES: 3,053 NO: 1,960 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the question having received the approval of a majority of the votes cast thereon, is hereby declared to have passed. Adopted in Adj. Reg. Session of the City Council of the City of Shakopee, held this 8th day of November, 1984. Mayor of t e City _oF_SFia opee ATTEST: City CTerc_— Approved as to form this _ day of 1 - y [attorney C T T'Y CD F_ SHAKOFJEa _..._._...._.._._..._..--------.-.._..-.-.._..__.._. INCORPORATED 1870 +� ENGINEERING DEPARTMENT 129 E. 1st Avenue - Shakopee, Minnesota 55379-1376 (612) 445-3650 MEMO TO: John K. Anderson, City Administrator FROM: Fulton Schleisman, Engineering Inspector SUBJECT: Miscellaneous Bituminous Replacement DATE: November 7, 1984 INTRODUCTION: Three locations are in need of bituminous replacement work before winter. They will be addressed separately below. BACKGROUND: Location Number 1 As a result of negotiations with William Chard and Jim Sickmann the City has agreed to regrade the alley between Block 1 and Block 5 in Eastview to eliminate erosion problems. Some of the work here has been accomplished. The 5th Avenue Sewer Project Contractor, using the unit prices for that Con- tract has removed the existing pavement and hauled in granular base material. Totals for this work are; Bituminous Removal ( 250 S. Y. @ $1.50 S. Y. _ $375.00), Class 5 ( 84 ton @ $6.00 ton = $504.00) , for a total to date of $879.00. Four firms were asked to quote the bituminous work. Two did not respond. The low quote from Valley Paving, Inc., $47.50 per ton x 40 ton = $1900.00 is competitive for work of this type. Together with a lump sum of $400.00 for tolerancing and compacting the base material, this cost will be $2300.00. The net total to replace the Eastview Fire Lane is $3,179.00 Location Number 2 The bituminous repair work at the Huber Park Trail Restroom Facility remains to be completed. To obtain a reasonable bid this work was combined with the Eastview Fire Lane when solicit- ing quotations for bituiminious work. Therefore, Valley Paving, Inc. has proposed to place approximately 10 ton of bituminous material @ $47.50 ton = $475.00. This combined with a lump sum of $100.00 for Jackhammer work results in a net total of $575.00 for this area. Miscellaneous Bituminous Replacement November 7, 1984 Page 2 Please note that the area to be repaired includes that during the watermain relocation operation as well as turbed by the building Contractor. The building cost reduced earlier by $468.00 (Change Order No. 1), by bituminous work. Location Number 3 disturbed that dis- has been deleting Earlier this year Mr. R. Logeais was ordered to remove and replace deficient curb & gutter, on Eastview Circle. While the concrete work has been done for several weeks, restoration of the adjacent bituminous pavement has not been performed. A quotation has been secured to complete the bituminous repair work. (Lump Sum $1080.00 - Valley Paving, Inc.) . Mr. Logeais has been notified that if he fails to complete the work by November 12, 1984, the City will order the work done and bill him accordingly. ACTION REQUESTED: A motion to authorize proper City Officials to execute Change Order Number 2 for 5th Avenue Sanitary Sewer Reconstruction increasing the contract amount by $879.00 to $13a,655.17. A motion to authorize proper City Officials to enter into an agreement with Valley Paving, Inc. to perform the bituminous repair work at the Eastview Fire Lane for an estimated total of $2300.00. A motion to authorize proper City Oficials to enter into an agreement with Valley Paving, Inc. to perform bituminous repair work at Huber Park Restroom Facility for a estimated total of $575.00. A motion to authorize proper City Officials to enter into an agreement with Valley Paving, Inc. to perform bituminous repair work on Eastview Circle at a cost of $1,080.00, which work shall be done only if not performed by Mr. R. Logeais. The cost of repair shall be paid for by Mr. Logeais. A ve_ for Submittal . �R.'petr i er; Gi t y Engineer FS/pmp MBR r r Change Order No.: 2 CHANGE ORDER Project Name: Sewery econs ruc Bn Date: November 7, 1984 Contract No.: 1984-6 Original Contract Amount $1375460.51 Change Order(s) No. — thru No. 1 $ 315.66 Total Funds Encumbered Prior to Change Order $1375776.17 Description of Work to be (Added/M0��: Remove 250 SY of existing bituminous pavement @ $1.50 S.Y. = $375.00. Haul and place 84 ton of Class 5 @ $6.00 = $504.00. Work to be performed at fire lane in the "Eastview" subdivision. The above described work shall be incorporated in the Contract, referenced above, under the same conditions specified in the original Contract as amended unless otherwise specified herein. Any work not so specified shall be performed in accordance with the Standard Specifications adopted by the City of Shakopee, Minnesota. The amount of the Contract shall be (increasedAX-XI'Q6NAA) by $ 879.00 The number of calendar days for completion shall be (increased/decreased) by -0- Original Contract Amount Change Order(s) No. 1 thru Total Funds Encumbered Completion Date 2 November 30, 1984 137,460.51 $ 1,194.66 $ 138,655.17 The undersigned Contractor hereby agrees to perform the work specified in this Change Order in accordance with the specifications, conditions and prices specified herein. Contract S,,M. Hentges & Sons By: �. Title: Date: APPR AND RECOMMENDED: C'ty'Eng neer 4ate APPROVED\ SCity of Shakopee By: Mayor City Administrator City Clerk Date Date Date Approved as to form this day of 19 City Attorney