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HomeMy WebLinkAbout09/25/1985 MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Non-Agenda Informational Items DATE: September 25, 1985 1. The City has been notified that the federal lawsuit threatened by Richard Hanover (Richard' s Pub) has now been filed. We are handeling the lawsuit through normal City Attorney and insurance procedures. 2. Barry Stock has notified me that on September 13 , 1985 a new van pool was created. The new van pool goes to Minne- apolis and caters to the 8 : 00 a.m. - 4 : 30 p.m. work shift. This brings Shakopee ' s van pool fleet up to a total of six vehicles with a carrying capacity of 78 passengers and 62 regular riders at this point. With winter coming and college started Barry believes ridership will increase the next few months. 3 . The City has an administrative policy guiding conference travel reimbursement when an employee elects to drive to an out of state conference vs. flying. That policy, No. 301 , calls for the employee to take the lessor of airplane ticket costs or mileage. For my trip to the City Manager' s conference in Philadelphia in October I have elected to drive. In checking airplane costs the flight would be $338. 00 which is a regular fare and which is significantly less than mileage reimbursement. There were certain discount fares available, but they required additional days in Philadelphia which simply meant more housing expenses so there was little difference. Since this policy is used infrequently you may have questions :regarding it and if so please contact me. 4. Attached is a thank you letter from Bob Ziegler, Chairman of the Shakopee Energy and Transportation Committee, for the City Council ' s Lions Park volunteer recognition picnic on Wednesday, August 14th for all volunteer board and commission members. 5. Attached is a memo from LeRoy Houser regarding a recent apartment house fire and his intent to survey all apartment buildings for possible improper storage of flammables. If you hear comments from apartment owners regarding LeRoy' s inspections you will know why he is making them. 6 . Attached is a memo from Tom Brownell regarding Richard' s Pub. 7. Attached is a memorandum from Gregg Voxland regarding his review of the Barton-Aschman contract with the City for inspection services on 4th Avenue. 8. Attached is a revised copy of the City' s administrative policy for use of City vehicles. The more recent changes in the policy dealt with recent federal law changes requiring logging of personal miles. If Council has no questions regarding the policy we will put it in the administrative policy manual. 9. Attached is a memorandum from Marilyn Remer to all personnel regarding employee exemption status under the Fair Labor Standards Act (FLSA) . Please note that two employees are affected and will be treated differently than we have been treating them since the Supreme Court ruling this spring. 10. Attached is a memorandum from Marilyn Remer to all volunteer fire personnel who are also full-time employees of the City. Please note that the implementation of this policy will eliminate what was potential double billing on City timesheets. Because of this policy, you may hear some comments from City employees who serve as volunteer firemen. If you do, please bring them to our attention. 11. Attached is a gambling license application from the Interna- tional Assoc. of Lions Clubs-Shakopee. The Shakopee club has applied for a Class B gambling license (no bingo) . They meet the qualifications as required by the City Code so staff is not recommending that the license be denied by the State which will be making a formal review of the application and will issue the license. 12 . Attached is a report from dor and Associates, Inc. the provider of our employee assistance program. Please note that the program has been used during the past several quarters by our employees. 13 . Attached is a letter from Senator Dave Durenberger responding the the City' s concerns regarding the Fair Labor Standards Act (FLSA) . 14 . Attached is a letter from Rep. Bill Frenzel regarding the City' s concerns regarding the Fair Labor Standards Act (FLSA) . 15. Attached is the monthly newsletter from Springsted Inc. 16. Attached is an article from the September issue of Inc. magazine regarding the California city of Visalia and its aggressive entrepreneurial approach to providing city services. 17. Attached is the monthly dial-a-ride operational report for the month ending August 31, 1985. 18. Attached is the van pool operations report. 19 . Attached are the minutes of the September 5 , 1985 meeting of the Shakopee Coalition. 20. Attached are the minutes of the September 5 , 1985 meeting of the Board of Adjustments and Appeals. 21 . Attached are the minutes of the September 5, 1985 meeting of the Planning Commission. l 22 . Attached are the agendas for the October 3 , 1985 meetings of the Board of Adjustments and Appeals and Planning Commission. 23 . Attached is the monthly calendar for the month of October. 24 . Attached is a copy of a letter from Brad Larson, Scott County Highway Engineer, responding to Bo Spurrier ' s concerns regarding the County' s plans for County Road 17 improvements. 25. Construction projects. With good weather we will pave Eaglewood next week. We have started repairs on Norton Drive and reconstruction on the parking lot downtown. In addition Clays 1st Addition has been paved and utilities are going in on the Link/Notermann plat. JKA/jms N CITY OF SHAKOPEE INCORPORATED 1870 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379-1376 (612) 445-3650 fft Q d:t September 24, 1985 The Honorable Eldon Reinke Mayor, City of Shakopee 129 East 1st Avenue Shakopee , MN 55379 Dear Mayor Reinke : On behalf of the Shakopee Energy and Transportation Committee Members , I would like to express our sincere thanks and gratitude to the Shakopee City Council for mak- ing Wednesday, August 14, 1985 a most enjoyable afternoon at Lions Park. The Councils idea of having a picnic of appreciation for all Shakopee board and committee members and their families , was appreciated wholeheartedly by our committee . Again, the Council has shown that they are indeed sup- portive and obliged to the many volunteers that help make Shakopee what it is today. Your acknowledgement of our work moves us to continue in making recommendations to the City Council that will be in the best interest of our community and its residents . Looking forward to next year! Sincerely, a04 ja& Bob Zieglar Chairman Shakopee Energy and Transportation Committee BZ/dd The Heart of Progress Valley AN EQUAL OPPORTUNITY EMPLOYER MEMO TO: John K. Anderson, City Administrator FROM: LeRoy Houser, Building Official RE: Apartment House Fire DATE: September 23 , 1985 I received a call from the Shakopee Fire Department to check out a fire in progress at the apartment unit located on First Avenue and Main Street at approximately 9 : 30 p.m. on 9/20/85 . The fire appeared to start in a tenants storage locker. No cause has been determined. I posted the building as unsafe for occupancy on 9/22/85 . In talking with one of the tenants , it was revealed that five gallons of gasoline and other combustionables were stored under the exit stairway in violation of City and State Code . I am in the process of identifying all rental units and notifying them by mail that storage of flammables is pro- hibited within the apartment buildings . LH: cah Yy City of Shakopee `s N K ° P E POLICE DEPARTMENT ,NNE S0 476 South Gorman Street SHAKOPEE, MINNESOTA 55379 P C Tel. 445-6666 ` { 55379 �i f TO: Mayor, Council Members FROM: Tom Brownell RE: Richard's Pub Report DATE: September 25, 1985 INTRODUCTION Council requested report from John DuBois reference meeting with Richard Hanover as to methods of eliminating problems. We have recently attempted to contact Mr. Hanover on four oc:cassions to finalize a course of action and received no response. Council will be provided with a report at the next council meeting. go cSE¢vE �:70 Jnr-wtr-cE TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Engineering Inspection for 4th Ave. Reconstruction DATE: September 23, 1985 Introduction and Background I was directed to review the proposal of Barton-Aschman for furnishing inspection services for the Fourth Ave. project. This is the first proposal I have looked at in detail and have no basis to compare it to in order to determine if it is reasonable or not. The mathematics are correct and the bottom line is that the City is paying $37.82 per hour for an inspector. The rate the City charges is $28.50 or $25.00 depending which level of technician is on the job. City of Shakopee , Minnesota Vehicle Policy July 25 , 1985 Vehicles owned or leased by the City of Shakopee are to be used . for official business only with the exception of the car furnished to the City Administrator and vehicles designated for commuting use. These vehicles are furnished to employees for use in City business . When a vehicle is not being used in official business or located elsewhere for repairs, it will be kept on City premises . Vo employee may use a_ vehicle for personal purposes other than "de minimis" use, such as a lunch stop between two other business destinations. Vehicles owned or leased by the City of Shakopee and used by employees for commuting use are provided to employees for use in City business . The employees listed below are required to take a City vehicle home with them in order to provide for emergency response and to best serve the interests of the City . These vehicles are for business use only except for commuting use and "de misimis" use such as a stop for a personal errand between the work place and home . The City shall account for the personal use of the vehicle by including the appropriate amount in the employees gross income. Public Works Superintendent Street Dept —Forman Police Chief Building Inspector City Engineer The City Administrator shall' be provided a City owned or leased unmarked vehicle that is available for business and personal. use . The Administrator shall keep a written log of all business mileage and all mileage not logged in shall .be considered personal mileage and therefore taxable compensation. The Administrator shall _ provide the fuel for personal use of the vehicle outside the City of Shakopee. The taxable portion of employer provided automobiles will be treated as paid annually on December 31 . The following departments have frequent need for a vehicle and : shall. have City vehicles assigned to them; Engineering , Community Development , Inspection. Employees shall use City vehicles when available and be reimbursed for the use of their private vehicles when a city vehicle is not available . All City vehicles shall be marked unless it is the Administrators car available for personal use or an- unmarked police car . Memo To: John K. Anderson, City Administrator From: Marilyn M. Remer, Personnel Re: Employee Exemption Status under FLSA (Informational) Date: September 24, 1985 Introduction & Background The FLSA (Fair Labor Standards Act) guarantees employee certain minimum wages and time and one-half overtime standards. The "Act" defines several labor categories as exempt from provisions of the Act. Basic exemptions include elected officials, executive employees, administrative employees, professional employees and certain seasonal recreational workers. The first step in complying with the FLSA is to determine which employees are exempt under the Act. There are a number of specific definitions qualifying employees for the exempt status, such as salary of at least $250/week, primary duty of managing department, supervising work of employees, discretion & inde- pendent judgement and not more than 50% of time spent actually working. Cy Smithe, Labor Relations Associates was present at the September 18th statf meeting to help staff determine the exemptions based on the FLSA criteria. The following aeterminations were made: Department Heads are generally all exempt as executive employees. The City Clerk position is exempt as administrative. One Department Head, the City Inspector was found to be non-exempt because 65% of his time is spent actually doing inspections rather than supervising/administrating. This position must then comply with the FLSA which means all hours worked over 40 hours/week must be paid as overtime. Public Works Department Super- visors, Harry Pass & Howard Heller were also determined to be "working foremen" and as such non-exempt. The Deputy Police Chief position is ex- empt. The City Planner and the Community Services Programmer were determined to be professional personnel and as such are exempt positions. These classifications are effective immediately with compliance to the Act retro to April 15, 1985. To recap, the only changes as a result of establishing these exemptions are the City Inspector position who was previously treated as exempt, but is now non-exempt and the City Planner who is now exempt but was previously non-exempt. 10 Memo To: John K. Anderson, City Administrator From: Marilyn M. Remer, Personnel Dept. Re: City Employees responding to Fire Calls (Informational) Date: September 20, 1985 Introduction & Background Following is a Policy providing guidelines for city employees responding to fire calls during regularly scheduled work hours. This is again a result of the recent FLSA court ruling. Staff meet with Cy Smithe recently discussing various requirements as a result of the ruling and he did recommend that such a policy be implemented. Note: At the present time, there is one employee who is also a fireman. PAYROLL TIMEKEEPING POLICY FOR FIRE CALLS/REGULAR WORK HOURS Recent FLSA rulings require cash overtime payment for time worked in excess of 40 hours/workweek. This does include volunteer firemen who are also public employees. To fully comply with this requirement the following timekeeping policy is effective immediately. Any City employee who is also a volunteer fireman shall follow these guidelines when responding to a fire call during regularly scheduled work hours. When possible, the appropriate Supervisor shall be notified (e.g by radio) upon the employee leaving his regularly scheduled shift to respond to a call and immediately upon returning and resuming regular work schedule. If the individual is working in a city vehicle with another City employee, the co-worker is to drive the employee responding to the Fire Station so as not to tie-up a city work vehicle for an indeterminate time. Payroll time sheets shall reflect actual time worked. Time spent responding to a fire call shall be noted on the timesheet under program number 321. This documentation is necessary in order to establish the 40 hours worked and the applicable pay rates eliminating duplicate payment. 5 ♦ / fms .. Charitable Gambling Control Board FOR BOARD USE ONLY $yea_. s 4 900 Summit State Bank Building 310 4th Avenue South Minneapolis, MN 55415 (612) 341-7676 GAMBLING LICENSE APPLICATION (Class A, B, or C) INSTRUCTIONS: 1. PRINT OR TYPE. 2. Bring completed application to local governing body, obtain signature and date on all copies, and leave goldenrod copy. Applicant keeps pink copy and sends remaining copies to above address. 3. Changes in application information must be submitted within 10 days after the change. Type of Application: ❑ Class A - Fee $100.00 (Bingo, Raffles, Paddlewheels, Tipboards, Pull-Tabs) Class B - Fee $ 50.00 (Raffles, Paddlewheels, Tipboards, Pull-Tabs) ❑ Class C - Fee $ 50.00 (Bingo only) Make checks payable to: Minnesota Charitable Gambling Control Board. Applicant (Official, legal name of organization) Site Address International Assoc. of Lions Clubs-Shakopee 12# South H01mes Business Address j Post Office Box 254 City, State, Zip Shakopee, HN 55379 City, State, Zip County Shakopee, HN 55379 Scott County Yes No . Are all gambling activities conducted at Scott X the above site? If no, complete a sepa- Business Telephone Number Federal I.D..Number rate application form for each site as a (612 ) 445-2817 41-6030692 separate license is issued for each site. Type of Organization El Faternal p Veterans x 2. Is site located within city/town limits? ❑ Religious ❑Other Nonprofit Organization 3. Does organization own the site where Type of Organization Charter gambling activity will be conducted? If a International ❑ National ❑ State X no, attach copy of the lease for the Number of Years in Number of Articles of site. Existence (in Minnesota) Incorpporation (if incorporated) essor Name i ease or rent 23 years N/A Leroy & Jen fiouser Location Where Articles are Filed Address N/A 2021 S. Marschall Road Yes No 1. Does organization have a dues struc yre? City, State, Zip X If yes, number of active members d Shakopee, MR 55379 2. Has organization been previously licensed Gam ing M er Name X by the Board? If yes, give date alb . Has license ever been denied, suspended Address X or revoked? I f es check all that apply: 611 Thoma s Ave. Y ❑Denied ❑Sus ended ❑Revoked City, State, Zip 4. Is organization exempt from payment of Shakopee, ZN 55379 X U.S. income tax? If yes, attach copy of The $10,000 fidelity bond required by Minnesota letter declaring exemption. Statutes 349.09 has been obtained. 5. Is organization tax exempt from payment Company Name Bond Number X of Minnesota tax? If yes, attach copy of letter declarin exemption. Transamerica Ins. Co. 53653758 Name of Organization's Officers and Titles a. James Mc-Nearney Lyres. C. Richard Stoks Treas. Lb. Robert Schneider Sec. d. James Stillman 18t. Dice Pres. CG-00001-01 (12/84) Continued on Page 2 - 2 - :nnesota Charitable Gambling Control Board GAMBLING LICENSE APPLICATION (Class A, B, or C) GAMBLING SITE AUTHORIZATION y my signature below, local law enforcement officers or agents of the Board are hereby uthorized to enter upon the site, at any time gambling is being conducted, to observe he gambling and to enforce the law for any unauthorized game or practice. BANK RECORDS AUTHORIZATION y my signature below, the Board is hereby authorized to inspect the bank records of the eneral Gambling Bank Account whenever necessary to fulfill requirements of current gambling ales and law. OATH hereby declare that I have read this application and all information submitted to the Board; All information submitted is true, accurate, and complete; all other required information has been fully disclosed; I am the chief executive officer of the organization; I assume full responsibility for the fair and lawful operation of all activities to be conducted; I will familiarize myself with the laws of the State of Minnesota respecting gambling and rules of the Board and agree, if licensed, to abide by those laws and rules, including amendments thereto. Official, Legal Name of Organization Shakopee, Mx International As&ociatican of Lirms CZubc Signature (Must be signed by Chief Executive Officer) T' Title President Date ACKNOWLEDGEMENT OF NOTICE BY LOCAL GOVERNING BODY hereby acknowledge receipt of a copy of this application. By acknowledging receipt, I nit having been served with notice that this application will be reviewed by the aritable Gambling Control Board and if approved by the Board, will become effective 30 ys from the date of receipt (noted below) , unless a resolution of the local governing ly is passed which specifically disallows such activity and a copy of that resolution is -eived by the Charitable Gambling Control Board within 30 days of the below noted date. LOCAL GOVERNING BODY of Local Governing Body ature of Person Receiving Application ORGANIZATION e Received (This is date from which the 30 day Name of Representative for Gambling License Applicant oval begins) 9/18/65 (serving notice) 001-01 (12/84) White - Board Canary - Board Pink - Applicant Goldenrod - Governing Contract Number: 11400 Company Name: City of Shakopee dor and associates, Inc. Employee Assistance Program Quarterly Report , The numbers below indicate the employees of your company and/or dependents who have received either information and referral or diagnostic and referral and counseling services from dor and associates, inc. during the three months listed. It also indicates the number of hours of service that our counselors have provided, per case, and in total. This report indicates only the cases which have been closed. It does not include employees who are currently receiving assistance via the program. If you have any questions concerning this report, please contact Linda Houden at 332-4805. Month Telephone Counseling In-Person Counseling Total # Total # and/or information & gloients ge°vice Clients Service Hours Referral hours # of I1 of clients service hours June July 1 . 75 1 2 2 2 . 75 August Running total for current 1 . 75 2 3 3 3 . 75 contract year PRIMARY PROBLEM AREA Month - Chemical Family/ Personal/ Career Financial Legal • Dependency Marital Emotional June July 2 August DAVE DURENBERGER / 3 MINNESOTA 'l cnrf eb , fatez ,�er�cxfe WASHINGTON. D.G. 20510 September 16 , 1985 Mr . John K. Anderson City Administrator City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 Dear John: Thank you for sharing advice concerning the impact of the Supreme Court ' s decision in Garcia v. San Antonio Metropolitan Transit Authority on state and local government. I agree with many of your concerns . I have asked the Congressional Research Service to analyze the impact of the Garcia and its implementation on state and local governments . As chairman of the Senate Subcommittee on Intergovernmental Relations, I intend to hold hearings in my subcommittee to discuss this issue and will introduce whatever legislation is necessary to mitigate its effect on state and local government . You can be sure I will keep your sound advice in mind during this process. Let ' s keep in touch. incerely, +Dve Durenberger United States Senator DD/pin MINNESOTA OFFICE; BILL FRENZEL MAYBETH CHRISTENSEN THIRD DISTRICT,MINNESOTA ROOM 34$ 8120 PENN AVENUE SOUTH WASHINGTON OFFICE. BLOOMINGTON,MINNESOTA 55431 1026 LOHGWORTH BUILDING 612-881-4600 20Z-225-2671 congreol of the aniteb *tate J[pot of Reproentatibeg Maobingtott,O.C. 20515 September 13, 1985 Mr. John K. Anderson Anderson City Administer City of Shakopee 129 East First Avenue Shakopee, MN 55379 Dear John: Thank you for informing me of the impact caused by the Supreme Court case decision in the Garcia vs San Antonio case. As this time, four bills have been introduced in Congress which address the negative implications brought about by subjecting state and local employees to the 1974 Amend- ments to the Fair Labor Standards Act (FLSA). H. R. 2866, introduced by Congressman Harold Ford, would amend the FLSA of 1938 to permit employees engaged in law enforcement and fire protection to take compen- satory time off in lieu of overtime pay beyond the pay period in which it is earned. A second bill, H . R. 2936, introduced by Congresswoman Beverly Byron, would exempt employees of public agencies who are engaged in fire protection or law enforcement from overtime wage coverage in general. This would eliminate all of the provisions of the 1974 Amendments as they apply to fire and police departments. H. R. 3237, sponsored by Congresswoman Virginia Smith, would amend the FLSA to exempt from the overtime requirements of the Act all employees of state and local public agencies. This bill would also clarify the application of the Act to volunteers. A bill similar to H. R. 3237 has been introduced by Congressman Hal Daub. This bill will also exempt all state and local governments from the overtime provisions of the FLSA, retroactive to February 19. It will also exempt individuals providing volunteer services to state and local governments from the minimum wage and over- time provisions of FLSA. Although I have signed on as a cosponsor to each of the above bills, I strongly support H. R. 3237 which is the companion bill to the Senate version, S.1570. My first choice would be for Congress to pass a bill which would alleviate the pro- blems caused by the 1974 FLSA Amendments for all state and local employees, as opposed to one or two specific groups. Currently, all of the bills amending the FLSA are pending and hearings have not yet been scheduled. It is hard to speculate at this time which of the bills will receive legislative action. However, as more people become aware of the adminis- trative, budgetary, and implementation problems resulting from the Garcia Court case, the more our chances to remedy the situation increase. THIS STATIONERY PRINTED ON PAPER MADE WITH RECYCLED FIBERS i � -2- I have enclosed a copy of an article from the Washington Post which suggests that the Administration is leaning in support of some type of revision to the FLSA 1974 Amendments. However, I concur in the opinion that passing any of the bills in the House will not be an easy task. Thank you again for informing me of the impact this court decision has made. I will continue to keep you informed of any progress we make on remedying the situation. Best Regards, r..,-"4 Bill Frenzel Member of Congress BF:lc enclosure to SU' Port Bill Rea an Ur ed p Qn.-OVertime-Pa y xem E - tion Ar h p '. y Peter Peri The Labor Department' an- walhh�em Po:e surt writ« a _�� nounced recently that it would be- gin enforcing the ruling in October. A Cabinet council chaired by At- It said that it would require police Corney General Edwin Meese III :�o be paid overtime if they work recommended yesterday that Pres 171 hours in a 28-day.period, and ident Reagan-support a billto ex- firefighters if they work more than empt state and'.local governments' ; 212 hours. from having to,pay an•estimated - - Los Angeles officials have said $2 billion to $4 billion a year in the ruling would force theme to overtime wages to police, firefight- ers and other employes. n spend $100 million a year. and, The Supreme,Court ruled last some municipal officials have said February that state and local gov- that it would force them to lay off ernments•must-adhere to the Fair employes and reduce services. Lo- Labor Standards Act. As a result, cally, the District government es- they must pay overtime instead of timated that it would have to pay up providing compensatory time off to to$15 million a year to comply. an estimated Tmillion workers pre- The case originated with Joseph 'viously exempted from coverage by Garcia, a San Antonio bus driver the law. ' who challenged the city's practice The decision prompted an outcry of paying overtime only when driv- from local governments, and a de- ers worked on their days off and 'nunciation from Meese, who told holidays. The American Federation I the American Bar Association last of State, County, and Municipal July that the ruling"undermines the Employees, which supported Gar stability" of state and local govern- cia, said yesterday it would vigor ments. ously oppose efforts to overturn th The National League of Cities ruling. and other organizations said the Republican Sens. Pete Wilson court's 5-to-4 decision in Garcia a California and Don Nickles of Oki - San Antonio Afetropolian Transit Authority would impose a severe homa have backed a bill that wo financial hardship on big-city public overturn the Supreme Court's r 1; safety operations and on small ing. But congressional aides say i e towns, which would have to begin measure will be strongly oppofed paying minimum wages to volun- by organized labor and will hPve teer employes, school crossing little chance of passing the Demo- guards and others. cratic-controlled House. r__.. Minnesota Municipality Volume II, Issue III THE S=1 LETTER �k Il, 1985 (Please distribute to City Council Members and Administrative Officials of your choice.) Bond Market Conditions While most interest rates have increased slightly in recent weeks, the average mix of rates is still below the levels experienced both at the beginning of the year and mid-year. We have shown below key market rates for three periods during 1985. January 4 May 3 September 13 20-Year Bond Buyer Index 9.87 9.37 9.26 30-Year Bond Buyer Index 10.31 9.73 9.60 Prime Rate 10.75 10.50 9.50 Discount Rate 8.00 8.00 7.50 90-Day Treasury Bills 7.99 7.91 7.40 One Year CD's 9.09 8.88 7.88 There remains great diversity of opinion as to the possible movement of rates for the balance of the year. One philosophy is that continued poor performance of the economy will put a lid on interest rates and may even dictate further lowering before year end. The "other side" predicts that continued strong growth in the money supply will require the Federal Reserve Board to tighten credit and increase rates. Our position is that whatever happens to overall rates, tax- exempt financing will require higher yields before the end of the year, due in major part to the huge expected supply of bonds to be brought to market between now and December 31st. That supply will be expanded in part by fear of possible adverse federal tax consequences if the financings are delayed until 1986. The potential over supply at year end will follow a market already swollen with refundings of 1984 high interest rate debt. New Financing Authorizations The 1985 Minnesota legislative session resulted in fewer changes in public finance than has been experienced in recent years. One important change however, was the new authorization for municipal units to issue variable rate bonds, in addition to traditional fixed rate obligations. Because holders of variable rate bonds have the ability to tender their bonds for payment, at any time after a prescribed notice period, which may be as short as a day, such bonds carry a short- term rate even though the nominal maturity may be several years out. The variable rate is set periodically by a remarketing agent. For example, seven-day variable rate bonds have their rates set weekly and may be tendered for payment upon seven day's notice. Currently, seven-day variable rate bonds carry interest in the 5.00% range as compared to a net effective rate of about 8.75% for a 20-year general obligation bond. This spread is somewhat eroded by the fact that in order to assure an ability to pay for tendered bonds an issuer needs to have the liquidity of a bank letter of credit or similar facility. The fees for such a facility and a remarketing agent, who will remorket tendered bonds, will add 5/8% to 1 1/4% to the cost of a variable rate bond. This currently still leaves a very large spread. In addition to the advantages of a lower interest cost, variable rates may permit an issuer to sell fewer bonds due to a decreased need for capitalized interest. This is particularly true with projects with a long delay in revenue production such as tax increment or new utility revenue projects. There are several potential disadvantages to variable rate financing including: SPRINGSTED INCORPORATED PUBLIC FINANCE ADVISORS 800 Osborn Building e Saint Paul, Minnesota 55102 9 (612) 222-4241 1. r=uture short-term rates may go to a level higher than current fixed rates. 2. The initial bank liquidity agreement (letter of credit) usually is good only for 7-8 years, probably less than the term of the issue. Therefore the agreement will have to be renegotiated at a future date under differing conditions which could result in increased costs. There is seldom assurance the agreement will be renewed. If it isn't then the bonds will have to be converted to a fixed rate with the risk that a legal opinion will not be obtainable, if laws authorizing issuance have been changed since the original issue. 3. The added issuance expense and costs of the liquidity and remarketing agreement may outweigh the lower interest cost benefit on small issues. Therefore, it is necessary to run a sensitivity analysis on each issue to determine real cost savings. 4. Under current Minnesota law, the maximum future rate may not exceed the maximum permitted rate on the bonds on their date of original issue. (Currently 11.00% and 12.00% depending upon the type of bond.) Banks are unlikely to guarantee liquidity unless the Bank rate can be fixed at a higher level. S. The authorization is available only to units of government with populations of 10,000 or more, with a credit rating of "A" or better. If you think variable rate bonds have merit for your situation, we suggest you talk further with us, so that a more detailed analysis can be made of the potential use of this financing technique. Use of Bond Insurance The use of private insurance to guarantee debt service payments on tax-exempt bond issues has increased dramatically during the last two years. Springsted Incorporated has been involved with approximately 100 sales during that period which have been insured or qualified for insurance. Based on our observation of results of those sales, we have reached several conclusions about the cost effectiveness of insurance. I. If the issue rating is below an "A" quality, the savings in interest costs probably will materially outweigh the insurance cost. 2. If the issue rating is at least an "A" quality, the net interest savings after deducting insurance costs probably will be negligible, usually not more than 1/10% on a true interest cost basis. 3. While "A" rated credits may not experience significant savings from insurance alone, the availability of insurance will aid the purchaser in the resale of the obligations, and generally will expand the number of underwriters who will evaluate the possibility of bidding. Thus the insurance may increase both the number and geographic location of bidders, an important factor in a lower or medium rated issue which might only attract one or several regional bidders because of its size or rating. Issues can be qualified for insurance in a number of ways, requiring mandatory or optional use. Payments of the insurance premium can also be structured requiring payment by the issuer or payment by the purchaser. A purchaser can request insurance qualification at its cost, without the consent of the issuer. Congressional Watch Congress is expected to begin serious consideration this month on the President's tax proposals, and some indication of the future of tax-exempt financing should emerge before year end. There is no single lobby for tax-exempt municipal finance and thus, your views on this matter will be particularly important to your congressional delegation. We respectfully suggest you carefully research the issues and make your views known to both Senators and your Congressman. If you have questions about the possible impact of any of the proposed changes, feel free to contact us and we will attempt to answer those questions. t 1� Fliff F _E �M_ _0_ ST ENTREPRENEURIAL uxTY IN AMER- - ICA Welcome to Visalia, California—a city that could teach most companies a thing or two about goo management. BY DAVID OSBORNE ed Gaebler watched with admira- The deal was without precedent else- tion as the trap sprang shut, al- where, as far as anyone in Visalia knows. though he found himself in its jaws. But for Gaebler and his staff, it was not Only weeks before, the California legisla- unusual. This is a city, after all, that ture had voted to return $338 million to stepped in and ran a minor-league baseball local governments. Visalia, the city franchise for six years—the only munici- Gaebler managed, was to get $1.4 mil- pally owned professional baseball team in lion—almost exactly the amount the local the United States at the time—after the school district needed to build a new Mets pulled out and no private buyer school and stave off double sessions.In the turned up.It is a city that won the scram- six ears since Proposition 13,the district ble to buy an Olympic training pool last y because had been unable to finance any major con- summer,at a savings of$400,000, , struction,so Gaebler expected an immedi- after hearing about the deal on a Thurs- M ate raid on his treasury.Sure enough,there day,it was able to cut a check the follow- it was in the evening paper: "City Should ing Monday. Fund New School." Visalia, in other words, is what Don Gaebler's choices were obvious: Hand Borut of the International City Manage- over a check for$1.4 million,or earn the ment Association calls "one of the most wrath of every parent in town. But Ted entrepreneurial cities in America." Borut Gaebler isn't your typical city manager. may not have taken a scientific survey be- "I've never forgotten when I worked at fore bestowing that honor,but from all the ment,by its very nature,to be inefficient, tithe- Columbia [Md.]," he tells audiences, re- evidence,he could not be too far off. unwieldy, sis of ent eprreneu al bureaucratic—the Hencelan thewide- ferring to the"new town"built by James spread belief, in business circles, that the Rouse, the legendary developer who also did Boston's Quincy Market and Balti ne ofmi,dreams is to run a government is best that governs least.Ted more's Harborplace. "We would be wail- SRiAT team for go vernmen t— Gaebler and his colleagues have proven that there is another way. ing and gnashing our teeth about some take 10 of the best people I've ever Gaebler,whose glasses and deadpan de- horrible social problem, and Jim Rouse worked with and go into any state livery bring fleeting images of a taller would come in and muse philosophically, Wood Allen, is a fanatic on the subject. 'How can I profit from this problem?'" or city that's in trouble and turn it He speaks in rapid,precise bursts,with the When the school district sprang its trap, around. You get a no-cut contract, Zeal of an apostle. If an entrepreneur is Gaebler asked his staff the same question. and you guarantee them you can someone who knows there is a better way Months later,after a series of negotiations and will risk everything to prove it, and land purchases,a four parcel swap and save them,$X million a year." Gaebler fits the definition perfectly. He sale left the district with$1.2 million and a prime site for its new school—and the city At first glance, "entrepreneurial govern- does not think of the city manager's posi- with commercial property that it expects ment" seems a contradiction in terms. tion as a job,he says,but as part of a mis- to sell for a tidy profit. Many entrepreneurs consider govern- sion"to change the nature of city govern- 54 INC./SEPTEMBER 1985 k t ZI'; I I I 'a I z 0 N z J -1� � r z Q Q lC Q 0 0 H 0 = I ment.' He took that mission to new to 59,000.But rather than succumbing to VISALIA CITY MANAGER Ted Gaebler frontiers last month,when he became city sprawl, its leaders have adopted a man- set out to change city government, manager of San Rafael, Calif., the seat of aged-growth plan and stepped up their getting the workers to think like affluent Marin County.. beautification efforts,preserving Visalia's owners, and not like bureaucrats. Gaebler first arrived in Visalia a decade reputation as"the jewel of the Valley." ago,after a career that included The Whar- The new city manager took office a making sure they are provided by others. ton School,two years under Rouse in Co- month before Proposition 13, which "Be a catalyst,"Gaebler urges other gov- lumbia, and service in five city govern- drained local California coffers of $7 bil- ernment officials."Be a broker.Don't be a ments. He could hardly have landed in a lion during its first year alone—and ended doer.My ideal concept of city government better spot. Visalia boasts a 30-year tradi- forever,Gaebler believes,the era in which is a S 150,000-a-year city manager and five tion of farsighted city councils and manag- people looked to government for more and $100,000-a-year assistants. Period. They ers, and its people fairly burst with civic more services. Proposition 13, he says, do nothing but broker the community's pride.Clean,well laid out,and tree-lined, showed that "we're not going to go the services." it sits like a green oasis on the eastern edge Swedish route and let government take More important, he stresses, govern- of the San Joaquin Valley,in the shadow of 50%of our pay.We're going to put a limit ment officials must learn to take risks and the High Sierras.Its population,fueled by on at 38%."That means the fundamental seek profits, "think outside the box," an influx of refugees from overcrowded mission of government must change,from avoid paperwork and regulations.Manag- coastal California,has doubled since 1970, providing services to facilitating them, ers must be given autonomy and encour- INC./SEPTEMBER 1985 55 l � we didn't have any model,oth- aged to continually rethink er than a few months' experi- their "product mix." They ence in Fairfield.And that was must learn to "leverage the the beautiful part: We didn't maximum benefit out of have to have a finished prod- [their] dollars by using other uct. That's one of the things people's money." They must that causes the inertia in gov- be willing to divest services— . . ernment—unless you.have "we gave the library to the � " " y something that is absolutely county,the ambulance to a pri- proven, you don't ever start vate hospital, day care to the ak anything. The council here churches and the junior col- - and the staff were willing to lege"—but they must also take a flier—let's see how it thrust city government into works, let's see what happens. roles not ordinarily considered �',�►J Obviously, that means you its province.And all the while, make some midcourse correc- they must be given room—and tions,which we did." must give their subordinates The effects of the new sys- room-to make mistakes. tem are perhaps best illustrated "I am trying to get people to By GIVING EACH officer his own car—and letting him take b numbers:Visalia is now well think like owners,not bureau- it home—the police department slashed maintenance costs. below average in employees per crats," Gaebler preaches. "To capita, and it boasts $20 mil- have the mental set, 'If this were my money, would I really spend it cy issues as housing or downtown beautifi lion in surplus and reserves—almost as " cation.It also forces managers to make the much as its total annual operating expen- this way?' "Other cities do a project and see what tough choices for which they are paid. If ditures. Part of the credit must go to its the expense is,"adds John Biane,Visalia's the police chief wants more squad cars,he strong economic b 14096tof real estate manager."We do a project and must come up with the money himself. of Tulare County,Visalia garners figure how much money we can make." Arne Croce, Gaebler's assistant city all sales taxes collected in the county.But manager before he became manager of Los tight budgeting did not hurt,either. Altos,Calif.,calls the system a"budgeting On the personnel side,Gaebler and the i/e have an operating,slogan revolution" that has profound effects on council imported several private-sector T management behavior. Examples range strategies to motivate people.The first was that says, 'Get off the fix from complex new financing schemes to an Employee Development Program, de- 6y'86.NO more federal or something as simple as sweeping the signed to help talented people move up streets less often. within the organization.Rather than hav- state money. To hell with it— "Our standard for street sweeping,with- ing outside consultants run the program, we're going to get off it quicker out much thought, was every three however, they used volunteers from the than they're going to dry it up." weeks,"says Gaebler."With this system, city's ranks. the departments had an incentive to care- Carol Cairns was a youth-development Gaebler was fortunate to work for a city fully check their service levels.So the guy officer for the police department when she council that thought along similar lines. began testing it—without anyone else signed up. Today, she runs Visalia's hu- One of his first moves, at the council's knowing, he went to four weeks, under man-resources department. And Cairns urging,was to adopt a budget system that the guise of equipment being broken isn't unique.Two other department heads encouraged entrepreneurial behavior. down.Then he slipped to five weeks. At have come from the police force, and Visalia was already using"enterprise ac- five weeks, there was a little bit of bitch- when the airport manager left, his secre- counting" for some of its departments, ing.At six weeks,there was a lot of bitch- tary won the job. "Ted fosters a climate treating them as businesses responsible for ing,so he went back to five,and eventually where people can come in and say, 'Hey, generating enough revenue to cover their to four." I'm here, here's what I have to offer,'" own costs.Still,the council and Gaebler's The police department saved money on says Arne Croce. "A lot of people have staff spent months poring over every line its squad cars by developing a lease-pur- taken him up on that." of every budget, as traditional govern- chase program now copied by other cities. Although Visalia's pay system is still ments do. "I remember debating late at It also switched from a system of three fairly traditional,its bonus program is not. night with the airport people whether or officers sharing each car on revolving Department heads are eligible for unlimit- not they needed a new typewriter and"desk eight-hour shifts to one in which each offi- ed bonuses, while their employees can out there,"says councilman Bonnel Pryor. cer has his own car and can take it home. earn up to$1,000 apiece.The first round, Gaebler found a solution in Fairfield, With one stroke,this put more police cars awarded two years ago,was used to reward Calif., which had just adopted a budget on city streets and improved maintenance, outstanding group efforts. "The theory system in which each department would because officers felt a new sense of owner- was that individual effort has people automatically get the same amount every ship.The average car now lasts five years, hoarding information and competing with year,adjusted for inflation and population compared with 18 months before the each other,"explains Gaebler."Group ef- growth. (Characteristically, Visalia change. fort is what you want to foster—people changed the formula to include only half After five years of expenditure-control sharing things and doing things together." the inflation rate.)The departments got to budgeting,Gaebler had a statistical analy- Last summer,the principle was extend- keep any savings—thus eliminating the sis done to see,in retrospect,which depart- ed. If an employee comes up with ideas year-end rush to spend their entire bud- ments had gone into the process lean and that make or save money for the city,he or gets in order to avoid future cuts. which had gone in fat.Based on the find- she gets to keep 15%—with no cap on the This system, called "expenditure-con- ings,he retroactively took back$1.9 mil- total figure.Groups will divvy up 30%. trol budgeting,"gets the city council out lion in savings from departments that The results?Morale is high,employees of the typewriter-and-desk business,free- didn't need the funds."Now,I think the work hard, and city government bubbles ing councillors to focus on such broad poli- system is clean,"he says."When I started, with ideas.Vic Dossey,a local banker who 56 INC./SEPTEMBER 1985 , spent a month working on staff,shakes his public transit, solid-waste collection, and dinner at the time and place of his choos- head in amazement: "You wouldn't find maintenance of the city's fleet of 300 vehi- ing,as Ramsey's guest. many instances in which people put forth cles.Ramsey himself set up the transit Sys- Finally, Ramsey announced a new sys- that much time and effort in the private tem,which contracts with a private com- tem of participatory management. Every sector." pany to run a fleet of vans.The solid-waste month—more often if necessary—all em- (I s system was in good shape when he took ployees would meet to talk about their over,a fact he proved to his satisfaction by work. Ramsey promised that 85% of all There's no way they can come to Forking the garbage trucks at four a.m. management decisions would be made at me and say `I need more more y every Thursday for four months.When a those meetings,where he would have only large private company looked at the books one vote.Ten percent would be made with for the same level ofservice.' in the hope of convincing the city it could input from the meetings,and 5%would be I Bay, `Not me. YOU Want t0 do the job for less,it walked away without his decisions alone. even making an offer. Ramsey's plans were met with great spend more money on people In the fleet-maintenance division,how- skepticism. No other manager had stuck and quit spending it on bullets, ever,Ramsey inherited trouble.A supervi- around long enough to provide stable or you want to spend all your sor had created severe morale problems be- management,his employees pointed out, money on street sweeping and fore he was fired by Ramsey's predecessor, much lessgood management.Why should and a great deal of management turnover they expect him to be different? In re- not on asphalt?Its your had followed. Meanwhile, the shop was sponse, Ramsey promised to stay at least decision. You make it*'" running up deficits of$20,000 to$45,000 three years. a year. In the more than 3 years since then,he Mike Ramsey, an earnest, burly 41-year- Ramsey told his 13 employees he was says,"I've probably terminated more em- old who runs Visalia's Department of Gen- going to do three things.In three years,he ployees than my predecessors did in 10 eral Services, has had an unusual career. said, he would start letting city depart- years."But among those who remain,mo- Ramsey studied for the ministry,but be- ments take their vehicles to private repair rale is high. Head-to-head competition came a police officer instead.It is still easy shops if they preferred,thrusting the city with private shops began in July,and ev- to imagine him walking a beat,the neigh- shop into a new world of competition. eryone appears convinced the shop can borhood cop who is known and liked by Meanwhile, to get productivity up, he hold its own.Applied time is up from 83% all.But after five years of frustration with a would begin tracking each employee's court system he believes favors the crimi- "applied time"—the percentage of total THE STREETS OF VISALIA were in nal over the victim, he moved into city hours spent on each specific job.Any em- better shape than the street sweepers administration. ployee who had 100% applied time for when Mike Ramsey(inset) took over Ramsey supervises three city functions: four weeks in a row would earn a steak vehicle maintenance in 1982. A Lam m , k INC./SEPTEMBER 1985 57 c � played a role—loaning VIAH the money at to well above 9096.The garbage trucks and j ng a mort- gag street sweepers are on line 97%of the time, l would stack up my ability e rev1196 to buy the land and creating bond program tio make fi- compared with 85%nationwide,and they to manage anything—and the a e-rev available at below-market rates. are lasting 2 to 3 years longer than the competency of my employee— (Private developers will get most of the ncing national average. The entire deficit has a Inst anybody in the private $44 million the bond program will raise been paid off. this year;only 10%will go to VIAH.)With Ramsey's employees cite two keys to sector.I don't care if were no advertising, 180 names are on the wait- their success:new equipment and the ap- making widgets,Ford cars, ing list. plied-time system.Before Ramsey arrived, "VIAH has already they say,they had to rely on shoddy,anti- computers, Or satellite systems, what anybody thought go could bene far y quated tools, the cheapest that manage- We could take the resources, the Bob Hamar,a planning department official under participatory management, they ment could buy. Using their new power goals,put the team together,and who works closely with the organization. asked for a larger tool allotment. "I bring theproject In On time Hamar gave up a summer vacation to shep- showed them the department budget,and herd Twin Oaks to completion, but he asked them where we were going to get the For Ramsey,Gaebler,and crew,importing calls his position"the most exciting job in money," Ramsey remembers. "At first, techniques from the private sector was not the cit they didn't understand a lot. But lights enough;they believed in turning the pub- ' Visalia's public servants have one prob- lic sector itself into a hotbed of enterprise. lem few in the private sector ever face: began turning on,and they went to work When a group of private developers build- When they get too entrepreneurial, the on it." They contacted tool vendors and drew ing a local industrial park needed to un- local business community rises up in arms. up lists of what they needed,then exam- load part of their land,the city bought it, Those who build low-end housing,for art ined every account in the budget for sur- put in streets and sewers,and sold it for a stance,believe VIAH has preempted part plus funds.Gradually,they focused in on $600,000 profit.When the city wanted to of their market.Businesspeople also worry energy expenditures. expand its convention activities and bring that Visalia will ultimately lose money on For years,one heater had blown hot air in a downtown hotel, it bought up $2.8 its hotel project and convention-center ex- outdoors,yet no one had ever bothered to million worth of land and sought out pri- pansion. ("That's what they said about mention it. "This is a classic example of vate bidders to construct and operate the the baseball team," Gaebler retorts. In ownership," says Ramsey. "For years, it hotel.When the convention staff wanted fact,the city made a small profit when it was just a joke.Now they said,'Why don't more cultural life in Visalia,it co-ventured sold out to two local businessmen.) The we shut that son of a bitch off?'" They with private promoters,limiting their risk loudest fireworks came when Gaebler also repaired the limiter switches on other in bringing headliner acts to town by put- floated a trial balloon on municipal home- heaters and kept the shop's huge vehicle ting up half the capital and taking half the other insurance, an ins.But there idea a thconsensus n at works in doors closed during the winter, cutting profits. small doors for people to use.After a year Perhaps the best example is in housing, these issues—some developers have sup- and a half,they had reduced energy con- however.Several years ago,a citizens'task ported Gaebler's ventures 10096; others sumption by 30%.The savings went into force found a dearth of affordable,moder- have mixed reactions. their tool allotment.Today,because man- ate-income housing in Visalia. A typical Burl Gann,who chairs a business watch- agement buys what the employees recom- government response—if not silence— dog organization called the Visalia Legisla- mend—"right down to the brand name might be to get federal funds to build a few tive Group,raises perhaps the most sophis- and number," as one mechanic puts it— large apartment buildings, which would ticated objection.So far,he agrees,the city they have what they need in order to do quickly degenerate into low-income eye- has not lost money on any of Gaebler's their jobs. sores. Instead, the city council created a deals. But what about Gaebler's succes- Ramsey took the energy audit to his su- private, nonprofit organization called Vi- sors? Will they have the same business periors,proposing a$125 bonus for every salians Interested in Affordable Housing acumen?Once the principle is established, employee.Visalia's bonus program did not (VIAH),loaned it$100,000,and sold it 13 what will keep the city from getting in yet exist, however, and he met a stone acres of excess land.Fifteen months after over its head? "The city is not as good at wall.Only after nine months,when Ram- VIAH's first board meeting, 89 families making investments as the private sec- tl sey threatened to pay the bonus out of his moved into Twin Oaks,the organization's bottom line is not profit Theyrdon'have own pocket and tell his employees the city first residential development. had let them down, did his superiors re- VIAH's board set out to avoid a public- to go through the same analysis that the lent.The day he handed out the cash,he housing image.Every house has a two-car private sector does." says,"There were broad smiles all the way garage, and to keep the neighborhood "That is a valid criticism," admits around that table." looking trim; the homeowners' associa- Gaebler. "I guess my only answer, feeble The maintenance workers don't com- tion takes care of everyone's front lawn. as it is,is would you prefer to have govern- pare their jobs to heaven,but they do feel Today, Twin Oaks looks like any other ment stay the way it is?I think you need to that a great deal of progress has been made. development, although the houses are take some risks." The new equipment makes their work small. The difference is that a two-bed- Gann's group has taken a survey of bu both easier and more productive,they say. room house goes for$33,000,a four-bed- sinesspeople in town concerning the city's The employees don't complain about the room house for$53,000—and the owners intervention in the marketplace, and he applied-time system,because they realize earn$9,000 to$18,000 a year.With inter- plans to present the results to the city that it lets management track the perfor- est rates as low as 4.75%—depending on a council.Before Gaebler took the job in San mance of each worker and each vehicle, buyer's income and the availability of fed- Rafael, tere was talkcies of o council this fall, ne or two"anti- and thus learn if either needs to be re- eral mortgage money—monthly payGaebler" placed. With this kind of scrutiny, says ments,including taxes and homeowners' although no one predicted such would succeed.Even among the d- one,"If there's something extra that needs dues,range from$256 to$360. P g ns doing on a truck,you can bet your sweet Already, VIAH has broken ground on velopers, the desire was to see the city ass it'll be done.Because if it comes back, its second housing development, which manager corralled,not fired. they'll be lookin'for whoever worked on will ultimately include some 200 houses The bottom line,says Board of Realtors it.Comebacks are a no-no here." and a commercial center. Again, the city president Larry Gilbert,is that Gaebler de- 60 INC./SEPTEMBER 1985 livered efficient government and superb event that took place in June.Gaebler sees city services. "Unless you're directly im- the job in San Rafael as one that will give pacted by the city's activities in private him seven years or so to"transition"into a enterprise—and I doubt that the average new career:writing,speaking,consulting, citizen is—then you're probably not going spreading his message. to be convinced that there is a problem." Meanwhile, his handpicked successor, Bill Evans, another developer, believes Don Duckworth,faces some serious inter- that for most of his colleagues, the real nal problems.The staff Gaebler leaves be- problem wasn't Gaebler's specific actions, hind is in the midst of a transition from the but that"he'd accumulated so much pow- excitement of start-up to the plateau of Y er.. . .Was he really interested in Visalia, sustained achievement. The novelty has ;. or was he interested in creating what he worn off, people are stretched thin, and 1' wants—a new kind of city government?" the strains are beginning to show. ' a Gaebler's personality only fanned the In many ways,it seems,Gaebler fits the flames.He likes the limelight and is quick stereotype of a charismatic entrepreneur to engage in battle.Being a visionary,he is who can inspire people with his vision,but i.. forever rallying his troops to new entrepre- who lacks the patience to manage a suc- pz neurial frontiers—talking, for instance, cess.His style is to throw a lot of balls in about the city as a corporation,himself as the air and let his staff handle what comes its chief executive officer,and the council down. In Visalia, he defined his role as as its board of directors. "It was a little 90% "external"—dealing with the coun- scary to some of the folks outside, who cil and the community at large—and re- heard my internal pep talk words and took lied on three assistants to run the organiza- them literally," he says. But that is the tion. "Ted is an idea man," says Carol price you pay. "Would Martin Luther Cairns,"not an operations man." King have made any changes if he'd kept "If a person is going to be an external his mouth shut?" manager, then he or she should have the Others,even Gaebler's staunchest sup- ability to allow people beneath him to porters, see it slightly differently. "Ted make decisions,"adds John Biane,the real just says stupid stuff," shrugs Greg Col- estate manager."And that was not always lins, one of his closest allies on the city the case." IN MANY WAYS,Gaebler fits the council."I don't know if it's a sign of im- A key factor,according to most manage- e the visionary maturity, or what. He's got a lot of good ment people,was that Gaebler's first gen stereotype of ideas, but sometimes he just engages his eration of assistant city managers had entrepreneur who lacks the patience mouth before he engages his mind. moved on, and his new crop was not as needed to manage a success. The classic example came when Gaebler strong or as much in tune with his philoso- grabbed statewide television coverage by phy."They weren't risk-takers,"says one symptoms of success than those of failure. proposing to rebate$25 of Visalia's budget staff member. "They didn't have a lot of The proof is that the model is spreading. surplus to every citizen as a"share"in the interest in facilitating entrepreneurial be- Already, Gaebler is invited to preach his city.The police,who wanted higher sala- havior."Beyond the assistant city manag- sermon nationwide, and cities from ries and better retirement pay, were out- er ranks,perhaps only two thirds of Visa- Hampton,Va.,to Pueblo,Colo.,are imitat- raged. And the city council, which had lia's 45 to 50 management people bought ing his programs.Lawrence Mulryan,the never passed on the idea,was embarrassed. his approach,and only half of those really mayor who brought him to San Rafael, "In most places;" says Collins, "Ted put it into practice.No one expected that expresses the respect with which would probably have been fired. But his Gaebler could completely transform his Gaebler's philosophy is increasingly value is in promoting his approach to gov- staff in seven years,but because his revolu- viewed."Traditionally,smaller cities have ernment,and we thought that outweighed tion was not complete, his most creative left the aggressive, entrepreneurial devel- his blunder. So we slapped his wrists and and entrepreneurial managers were also opments to the private sector,but frankly, told him not to do that anymore." his most frustrated. Some were already we have to realize that that's not going to running small businesses on the side,and be enough,"Mulryan says. "We recently one could almost feel their itch to get into got $12 million in redevelopment funds, We see a model.' the private sector and show their stuff. and there's a lot of opportunity—buying entre renetlrshl .It's not the "Ted works hard to find the best people, properties and assembling properties and p P but he doesn't set up the reward system to reselling them—to shape the destiny of perfect model,but It's a hell keep them," argues Mike Ramsey. "He our community. We need strong leader- ofa lot better than what we have. does a good job of creating an environment ship to accomplish that." . And we can use the model—We in which they can grow. It's when they "I always start my speeches," Ted succeed that they get frustrated." Gaebler says, "by asking, 'Who in this can talk about corporate reports, Curiously, such criticism is probably a room wants government to stay exactly profit centers,and all those kinds healthy sign.Visalia will never undergo a the way it is?'I've never seen one hand go of words—to get people not so complete transformation from bureaucra- up,not at a Rotary Club,not at a PTA.And cy to enterprise for, at bottom, govern- then I say, 'I gotcha, because that means much to become entrepreneurs, ment cannot and should not operate exact- you,like me,are agents of change.'" but to quit being bureaucrats" ly as a business does.If it did,democracy "For years, I thought I was selling would go out the window. Government ideas," he muses. "But it turns out what Although some in town believe he wanted will always move too slowly for the real I'm selling is hope."❑ out before the November elections, entrepreneurs, and it will no doubt lose Gaebler says he and his wife had always some of them to the private sector.But as David Osborne is a Connecticut-based planned to leave Visalia when their youn- measured against the typical city govern- writer specializing in political and eco- gest child graduated from high school,an ment,the frustrations in Visalia are more nomicaffairs. 62 INC./SEPTEMBER 1985 17 . DIAL-A-RIDE Ave. Subsidy Ave. Subsidy Ave . Subsid Purchase of Total Per Pass Per Pass Per Service Costs Adm. Costs Costs Trip Mile Mile Month July $ 0.00 $ 828.14 $ 828. 14 NA NA NA August 0.00 620. 75 620. 75 NA NA NA September 32352 . 23 989 .40 4,314. 63 NA NA NA October 52706 . 75 3,229 .28 8 ,936 .03 127 . 66 64. 75 26 .04 November 9 , 115 . 61 652 . 16 9 ,767 . 77 '25 . 84 7 .94 6 . 88 December 9 ,106 . 30 964.47 10,080.08 16 .44 5 .49 4. 39 January 9 , 170. 30 1,186 .98 10,357 . 28 13.04 3 . 74 3 . 29 February 101217 . 64 311 . 16 102528. 80 9 .43 2 . 75 2 . 82 March 9 ,295 . 81 401 . 73 92697 . 54 11 .46 3 . 27 2 . 66 April 9 ,930. 63 662 . 72 10,593 . 35 12 . 96 3 . 94 2 . 72 May 92855 . 29 312 . 86 10,168. 15 12 . 98 3 . 92 2 .66 June 11 ,525.91 405.08 112930. 99 10. 72 2 .43 2 . 52 July 9 ,932. 14 398. 58 10,330. 72 9 .45 1 . 84 2 .03 August 10 , 365 .99 257 . 69 10 , 623 . 68 9. 32 2. 30 2.09 TOTALS $109 , 168 . 37 $11, 221. 00 $118 ,795 . 60 $13 . 55 $ 3 . 81 $ 3 . 19 Evaluation Period to Date $ 80 , 293 . 71 $ 3 , 936. 80 $ 84 , 230 . 51 $10. 93 $ x. 81 $ 2 . 54 5� DIAL-A-RIDE OPERATIONS REPORT Pass . Miles Free Revenue Month #Pass . #Sr. #St . #GP #HC Miles Actual Rides Collected October 71 15 20 36 0 138 341. 1 0 $ 65 .05 November 378 34 211 133 0 1,299 . 7 1 ,418.9 37 256 . 36 December 613 57 316 240 0 1,834. 8 2 ,294. 28 295 313 . 96 January 794 113 407 272 2 2,765 . 7 3 ,148. 2 0 765 . 33 February 1 , 116 212 593 311 0 33834. 8 3 , 729.8 0 970 . 70 March 846 151 415 280 0 23962 . 3 33640. 5 0 728 . 70 April 817 179 350 288 0 2,688 . 2 3 ,895. 7 0 693 . 10 May 783 179 316 288 0 2,596 . 5 3 , 328.4 0 589 . 30 June 1 , 113 205 651 257 0 43909 . 5 4 , 726 .8 134 823 . 95 July 1 ,093 218 661 214 0 5,607 . 1 5 ,081.0 32 931 . 25 August 1 ,139 284 510 345 0 4 ,606 . 6 5 ,075. 1 230 590 . 00 TOTALS 8 ,763 1, 647 4 , 450 2 , 664 2 31 , 169 . 05 37 , 181.75 728 $ 6 ,727 . 70 Evaluation Period to Date 7 , 701 1, 541 3 , 903 2 , 255 2 29 ,970 . 70 33 , 125. 50 396 $ 6 ,092 . 33 VAN POOL OPERATIONS REPORT Van Pool Vehicle # of Subsidy Admin. Rental Revenue Net Income Pass per Month Expense Expense Collected (Loss ) Trips Pass Trips Sept- Oct 781. 36 2982. 40 1454. 61 2309 . 15 2553 . 90 Nov. 468. 28 2410 .78 1239. 67 1639 . 39 2152 .76 Dec. 1243 . 80 2460. 01 981.77 2722. 04 1899 1. 44 Jan. 257. 11 2524. 08 1436. 84 1344. 35 2385 . 56 Feb. 243 .79 2592. 67 1263 . 35 1573 . 11 2111 .75 Mar. 270.53 2518 . 60 1534. 60 1254.53 2068 . 61 Apr. 311. 35 2490. 81 1612. 63 1189. 53 2425 . 49 May 220.41 2572. 36 1315.77 1477. 00 2206 . 67 June 373 . 67 2413 . 97 821. 98 1965. 66 1709 1. 15 July 185. 69 2145 . 51 1171. 42 1159 .78 2111 . 55 Aug. 279 . 75 2582 . 91 836 . 06 2026 . 60 1992 1. 02 Sept. Oct. Nov. Dec. TOTALS 4035 . 74 271-694 . 10 13 , 669 . 02 18 , 661. 11 23 , 601 . 79 Eval. Period to Date 2142 . 30 19 , 840 . 91 9 , 992 . 97 11 , 990 . 56 17 , 007 . 71 VAN POOL MONTHLY REPORT Van Pool Regular Rider Requests - - - - - - - - - - Number of Persons Placed in a Regular Van Pool - - 3 Number of Occassional Rider Inquiries - - - - - - - - General Inquiries/Comments - - - - - - - - - - - - 2 Complaints - - - - - - - - - - - - - - - - - - - - - Operations Report Van Pool # Destination RentalRevenue Net Income Number of Subsidy per ExpenseCollected (Loss ) Pass. Trips Pass.Trip 14( is Sys. 67,6g 977,9( y6g z lZS 1� l 532,83 V kvK )L/- li73,yo �25 71 77 37� 40/5 Flex �'4�,oz Al C( Q7< Y/ 3F 77� r'; 161AWA Flex53R l7 l63,oa 3 76�/7 a $1 u 36 j Totals Total Vehicle Total VanPool Rental Total Rev. Net Income Number of Subsid Admin. Expens11 e Expense Collected Y Per (Loss ) Pass. Trips Pass. Trip 74,75 1 936,o6 1 ZS�6�sS I `qQ oz SHAKOPEE COALITION MEETING MINUTES - SEPTEMBER 5, 1985 The meeting was called to order by President Jim Streefland in the Citizens State Bank Community Room at 7:00 A.M. Members Present: Jim Streefland (Shakopee Lions) , Joan Salter (Food Shelf) , Todd Schwartz (Rotary) , Sr Jo Lambert (St. Francis Regional Medical Center) , Brian Norris (Citizens State Bank) , Kathy Lewis (S.C.S. ), John K. ANderson (City Of Shakopee) , and George Muenchow (S.C.S. ) . Joan Salter reported on the Food Shelf. In August records were broken again. There were 10-14 orders/day. . .In Shakopee alone there were 48 families with 141 individuals. In both counties the total was 170 families. (607 individuals) which breaks down to 12,747 meals (42 ##/person average) . Anna Mae Wlash gave a report on the Shakopee Library. She now looks at herself as a technician rather than the quiet enforcer of 20 years ago. The Shakopee Library, a part of the Scott County Library System, also functions as the headquarters for that system. They are a part of MELSA, the seven county system. When originated in Scott County they were the Dakota-Scott Library System which divided into separate county systems in 1959. In 1963 the Shakopee Library moved into the former Telephone Office, now the site of the First National Bank. In 1970 they moved into their present location, a former auto dealership building. Hubert Humphrey spoke at the dedication. In 1979, through the efforts of a blue ribbon citizen committee, the building was remodeled and expanded. Technically,it is a city building maintained by the city. The County provides the furnishings and the staff. In 1970 there were 1201 transactions. In July of 1985 there were 9998 and 110,000 for the year. The library is an iufDrmation center with an average of 250 questions answered or researched per week. The library has 30,000 printed books. Story Hours are a featured attraction and there are 268 children in the Shakopee Library Summer Reading Program. Services include "large print" books, free meeting room, Micro Fiche, and "Free" library cards. Do a lot of research for Shakopee businesses. Special subscriptions include the Mpls. Star-Tribune, USA Today, Wall Stree Journal, and 57 other subscriptions. The Shakopee Library has a lot of "good friends". City Administrator John Anderson reported that the City Council has awarded the first segment of its downtown renewal program and also a segment of E. 4th Ave near Canterbury Dw The next meeting will be October 3 at 7:00 AM (coffee at 6:30) at the Citizens State Bank Community Room. Coalition Goals will be reviewed. If George Muenchow Acting Secretary . vC PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS REGULAR SESSION SHAKOPEE, MINNESOTA SEPTEMBER 5, 1985 Chrm. Czaja called the meeting to order at 7:30 p.m. with Comm. VanMaldeghem, Pomerenke and Stoltzman present. Comm. Rockne, Schmitt and Lane arrived late. Also present were Judi Simac, City Planner; John K. Anderson, City Admr. and Cncl. Lebens. Pomerenke/VanMaldeghem moved to approve the agenda as written. Motion carried unanimously. VanMaldeghem/Pomerenke moved to approve the minutes of August 8, 1985 as kept. Motion carried with Comm. Stoltzman abstaining because of his absence. PUBLIC HEARING - KENTUCKY FRIED CHICKEN VARIANCE VanMaldeghem/Pomerenke moved to open the public hearing regarding the request by Kentucky Fried Chicken for a 19' variance from a minor arterial front setback to construct a solarium on Lot 4 and 5, Block 9, East Shakopee Plat. Motion carried unanimously. The City Planner went over the background of the request and the considera- tions. Her recommendation is to deny the request because the proposed addition would impede visibility and would be out of line with the average setback in the area. Gary Hopfenspirger, representing the applicant, stated he realizes the problems this might cause, but they are definitely in need of more room inside the building, because they tend to get customers in bunches. Comm. Rockne arrived and took his seat at 7:35 p.m. Mr. Hopfenspirger continued that the least expensive way of expanding would be to push out the front, which would enable a more efficent method of packaging in the kitchen. He said there is a possibility of adding onto the building in the back, if a purchase can be made of the property to the rear, but that would be a much more expensive proposition because it would entail moving equipment. It would cost $5,000 just to move one piece of equipment. Mr. Hopfenspirger admitted the addition of a solarium would cut off the vision to the west, but he explained that the vision is already somewhat impeded by the shrubs, etc. , so that a vehicle still has to pull out beyond the stop sign to see to exit. Comm. Schmitt arrived and took his seat at 7:40 p.m. Mr. Hopfenspirger discussed the possibility of building a loft, but said all their plans are drawn by the Kentucky Fried Chicken main office, and they have to stay within the confines of the franchise design. Shakopee BOAA September 5, 1985 Page 2 Chrm. Czaja asked if there were any comments from the audience, and there were none. VanMaldeghem/Pomerenke moved to close the public hearing. Motion carried unanimously. VanMaldeghem/Stoltzman offered Variance Resolution No. 425 to allow a front- yard setback to Kentucky Fried Chicken, and moved for its denial on the following basis: 1. Granting the variance will confer a special privilege on the applicant that is not granted to other land owners in the vicinity; and 2. The granting of the variance would be materially detrimental to the purposes of the zoning code, and to property in the same zone. Motion carried with Comm. Schmitt and Rockne abstaining because they were not present for the entire discussion. Chrm. Czaja informed the applicant of the 7 day appeal period. Comm. Lane arrived and took his seat at 7:44 p.m. DISCUSSION - BED & BREAKFAST VARIANCE The City Planner stated the persons making this discussion request will not be present until later this evening. VanMaldegehm/Rockne moved to adjourn until the closing of the Planning Commission meeting, or 11:00 p.m. , whichever occurs first. Motion carried unanimously. Meeting adjourned at 7:45 p.m. Schmitt/VanMaldeghem moved to re-open the Board of Adjustments and Appeals meeting for the discussion item. Motion carried unanimously at 1:24 a.m. The City Planner went over the background of the request for a variance on the age criteria for a proposed Bed & Breakfast Inn. Comm. Schmitt stated the logic for that requirement was to limit the pro- liferation of Bed & Breakfast Inns out beyond the downtown and older City area. Ms. Nancy Pflug asked if any consideration had been given to the amount of money and time that has to be spent to fix up a house that is 75 or more years old. Consensus was to not consider any variances on the age requirement for Bed & Breakfast Inns. Schmitt/Lane moved to adjourn. Motion carried unanimously. Meeting ad- journed at 1:30 a.m. PROCEEDINGS OF THE PLANNING COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA SEPTEMBER 5, 1985 Chrm. Czaja called the meeting to order at 7:45 p.m. with Comm. Pomerenke, Lane, VanMaldeghem, Schmitt, Rockne and Stoltzman present. Also present were Judi Simac, City Planner; John K. Anderson, City Admr. and Cncl. Lebens. Schmitt/Lane moved to approve the agenda with two additions to the infor- mational items. Motion carried unanimously. Pomerenke/Lane moved to approve the minutes of August 8, 1985 as kept. Motion carried unanimously. INFORMATIONAL Comm. VanMaldeghem inquired about the proper licenses for prepared food- stuffs for the Angelrock conditional use permit. The City Planner will check to see if that requirement is fulfilled. Schmitt/VanMaldeghem moved to advise Angelrock Enterprises that it is in violation of the conditions of the conditional use permit, and that failure to fulfill all the conditions within 15 days could result in the revoca- tion of the conditional use permit. Comm. Schmitt added there is no reason for not petitioning for the "No Parking" signs. Motion carried unanimously. VanMaldeghem/Rockne moved to accept the staff's review of the conditional use permit for the Tom Thumb Market, No. 372, to install an underground fuel storage tank. Motion carried unanimously. The request from Twin City Tile and Marble for a discussion regarding development possibilities was reviewed. The City Planner said she has sent a reply stating the policy of submitting a request for an agenda item, and informing them that meetings with a few Commissioners cannot be held outside of the meeting format. Schmitt/VanMaldeghem moved to place on file the letter dated August 12, 1985 from Hadlick & Hoedeman regarding development possibilities for Valley Park First Addition, on behalf of Twin City Tile and Marble Co. Motion carried unanimously.. Comm. Schmitt asked what is being done to bring the City's buildings into conformance with the design standards. The City Admr. responded that City Council has requested that action be taken and staff is working on alternatives for recommendation regarding work to be performed and costs. The City Planner reported the VFW hasn't applied for a building permit yet, and therefore there isn't a parking permit on file. Shakopee Planning Commission September 5, 1985 Page 2 PUBLIC HEARING (CONT. ) - PRELIMINARY AND FINAL PLAT CANTERBURY PARK 1ST ADD. Schmitt/Lane moved to open the public hearing to consider the Preliminary and Final Plat of Canterbury Park lst Addition. Motion carried unanimously. The City Planner stated the proposed plat is a revised submittal, showing a revision of the lot sizes to put them into compliance with the Code. She said the final drainage plan is still to be resolved. The City's con- sulting engineer is recommending preliminary approval, but not final. She explained further the drainage possibilities. Staff's recommendation is for approval of the Preliminary Plat with conditions. Discussion ensued regarding the looping of facilities and the issue of easements for the roadway to be obtained now or after Outlot A is replatted. Tim Keane, on behalf of the developer, specified that they are requesting approval of the Preliminary and Final Plat at this time. He explained the discrepancies in drainage calculations could be resolved after the Final Plat approval. He further explained the system is fully looped now. He said SPUC considered the question of requiring additional equalization of pressure but decided it wasn't necessary at this time. Mr. Keane said the developer agrees with the recommendations regarding the cul-de-sac radius and using bituminous rolled curb. Regarding the easements, he mentioned they are trying to preserve some flexibility by not continuing the street further at this time. He thinks the engineering differences are minor, and they will concur with whatever the City Engineer indicates. Mr. Keane requests the condition regarding the responsibility of the de- veloper for the rehabilitation of Valley Industrial Blvd. North be eliminated. He pointed out that the City Council will consider the policy questions involved. He said the former City Engineer recommended this street be reconstructed under the 75%-25% policy in place at that time. He thinks this is a policy issue--rather than a platting issue. Discussion followed relative to the geometrics of Lot 8. Mr. Bruce Malker- son, on behalf of the developer, stated their intention is to have two lots with rail spurs. The Lot 8 boundary was subsequently redrawn. Mr. Malkerson explained the procedure for deeding the easements when the cul-de-sac is removed. Chrm. Czaja asked if there were additional comments from the audience, and there was no response. VanMaldeghem/Pomerenke moved to close the public hearing. Motion carried unanimously. Schmitt/Stoltzman moved to recommend to City Council approval of the Pre- liminary Plat of Canterbury Park lst Addition, subject to the following conditions: 1. Submittal of a revised final drainge report to be approved by the City's Consulting Engineer. 2. Approval of a Title Opinion by the City Attorney. 3. Execution of a Developer's Agreement for the construction of the required improvements: A. Installation of the water system in accordance with the requirements of the SPUC Manager, with a response being Shakopee Planning Commission September 5, 1985 Page 3 given by SPDC relative to the previously required looped water system. B. Sanitary sewer and storm water system to be installed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. C. Installation of street lighting in accordance with the requirements of the SPUC Manager. D. Streets and street signs to be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee, E. The developer shall agree to the City Engineer's method of apportioning the installments remaining unpaid against the plat and that the developer waives his right to appeal the apportionment. F. In lieu of land dedication, a cash payment should be made to the park fund at the time building permits are issued. G. No building permit shall be issued for Outlot A until it is replatted. 4. The City Engineer must receive and approve all final plans and specifications for all public facilities, including but not limited to roads, sanitary sewer, storm sewer, drainage, overlot grading, etc. 5. The developer shall be responsible to petition for the rehabili- tation of Valley Industrial Blvd. North, or shall be allowed the alternative to construct same in accordance with the City's Design Criteria and Standard Specifications. 6. Boundary of Lot 8, Block 1, be amended to proceed in a westerly direction from the point 160 feet west of its easterly lot line to the westerly perimeter of the subdivision. 7. The cul-de-sac temporary hammerhead turn-around be allowed, and if the street is not constructed all the way through in a year, the developer will have to construct it. The Consulting Engineer had recommended bituminous curb for the cul-de-sac. Mr. Malkerson said they want to begin construction of a 2600 square foot warehouse before the ground is frozen. He asked for consideration of the Final Plat on September 19, 1985 if the engineering problems are resolved. Consensus was it could be considered at that time only if all submittals meet the requirements of the City. Motion carried unanimously. Schmitt/Rockne moved to table consideration of the Final Plat of Canterbury Park 1st Addition until September 19, 1985 or October 3, 1985, pending re- ceipt of final drainage plans from the applicant. Motion carried unanimously. PUBLIC HEARING (CONT.) - LANDSCAPE JUNCTION CONDITIONAL USE PERMIT Lane/Rockne moved to open the public hearing regarding the application by Landscape Junction for a conditional use permit to conduct retail sales in the principal building in 15% or less of floor area upon property located on Lot 1, Canterbury Park lst Addition. Motion carried unanimously. Shakopee Planning Commission September 5, 1985 Page 4 The City Planner stated she is quite comfortable that this intended use fits in the I-2 zone, and recommends approval of the request, with condi- tions. Mr. Fellon, applicant, stated he mainly specializes in dismantling rail- road tracks and the resale of the metal components back to the railroad, and the John Deere products are just a complimentary business. He has mostly industrial and wholesale customers, but he is seeking this permit to cover himself for retail sales, which will not be his big market push. He explained the landscaping display he shows at home shows is just a way to show the uses of his product through other dealers. He will refer people to landscapers, as he is not at all interested in selling trees and shrubs. Chrm. Czaja asked if there was anyone in the audience who wished to comment on this item, and there was no response. Mr. Fellon further explained the whole storage area will be screened. He will keep the materials organized and in neat piles. He will continue to use the 67 acre storage area in Savage, where the piles are not over 20 feet high. A lot of the material will be shipped by rail, but when trucks are used they are tandem axle trucks, not semis. He makes a sin- cere effort to move most of the materials directly from the job site, and not bring it back to storage at all. The City Planner stated the I-2 allows exterior storage, and she didn't believe an extra conditional use permit for exterior storage was needed. Lane/VanMaldeghem moved to close the public hearing. Motion carried unanimously. Lane/Pomerenke offered Conditional Use Permit Resolution No. 421 to permit retail sales in 15% or less of the floor area, subject to the following conditions: 1. No building permit shall be issued until the Final Plat of Canterbury Park 1st Addition has been recorded. 2. Landscaping shall be in place before a final certificate of occupancy is issued or the developer shall provide a perfor- mance bond for landscaping. 3. The applicant shall submit to the City Planner a detailed floor plan which indicates the 15% floor area used for retail sales. 4. No products shall be displayed for sale, other than the products in the storage yard. Discussion followed regarding the intent of Condition No. 4. Mr. Fellon said the building will be attractive, designed like a railroad depot. He would like to display a couple small John Deere units in front, but not if it causes a problem. Motion carried unanimously. Schmitt/VanMaldeghem moved to recess for five minutes at 8:55 p.m. Motion carried unanimously. Shakopee Planning Commission September 5, 1985 Page 5 Chrm. Czaja called the meeting back to order at 9:02 p.m. PUBLIC HEARING (CONT.) - PRELIMINARY PLAT PUD SHAKOPEE VALLEY SQUARE IST VanMaldeghem/Pomerenke moved to open the public hearing regarding the Planned Unit Development Preliminary Plat of Shakopee Valley Square 1st Addition. Motion carried unanimously. The City Planner went over the considerations of planned unit development platting and the findings that must be made. She went over the develop- ment plans for the entire project. She said it is the developer's intent to have separate legal descriptions and owners for each lot, with easements between them to allow for shared parking and access. She pointed out the dedicated easement for the State Trail is indicated but not located at this time. She went over some of the special considerations for development in a floodplain, which is where the proposed campground is located. Considerable discussion followed regarding proper setback for the restau- rant, with landscaping according to the Design Standard; alignment possi- bilities for curb cuts onto Hwy. 101 which would allow for traffic flow throughout the development; possible satisfaction of the fire hydrant with the sprinkler system; requirement of a sample rental agreement giving the owner of the park authority to remove recreational vehicles in the event of flooding; and restrictions to eliminate long-term residency in efficiency apartments. Comm. Schmitt recommended checking with Eden Prairie as to how they dealt with zoning for the Residence Inn. Comm. Stoltzman pointed out a fire easement at the east end of Lot 2. The City Admr. suggested some type of deed covenant language to cover the requirements for mainte- nance of shared parking and driveway areas. Comm. Schmitt didn't think one parking space per unit is enough for the efficiency units, and was con- cerned about over-flow parking on the restaurant lot. Warren Israelson, applicant's engineer, said he would support the idea of a public road on Lot 3, but it would have to be only 54 foot wide. He also agreed with the suggestion of re-aligning the curb cuts onto Hwy. 101, making two access drives. He said he will work with SPUC on the hydrants, although he said he has never seen a hydrant in a campground. He also thinks the recommendation for a sample rental agreement makes sense. Mr. Israelson said the intent is to make the efficiencies more of a weekly type rental. He thinks the cost would make it prohibitive for long term housing, because of the intent to charge for amenities. He could look at adding more parking, but they are designing only one-room efficiencies, so he doesn't think there will be too many instances of multiple cars involved. Their attorney will draw up the easements to cover shared parking. He pointed out there are different ownerships now, so an association will have to be set up to cover responsibilities for maintenance, etc. He said the units are planned to be walk-outs, so they would be 2 story in front and three story in back. Comm. Lane asked about the number of employees and where they will be park- ing. He also expressed his concern about access to Hwy. 101, and thought traffic problems could be created so close to the stop light. He would like to see a traffic engineer's report, and suggested consideration of the road to the rear of the development, off Bluff Ave. Mr. Bakken pointed out there is a slow lane there, and they are trying to achieve some traffic flow within the development. Shakopee Planning Commission September 5, 1985 Page 6 Comm. Lane pointed out the subdivision rules specifically state that no plat shall be approved in an area subject to periodic flooding. The City Planner responded that she questions that language also, but thinks that with so many agencies reviewing the plans for the floodplain, and that being only one portion of the plat, and the fact that there are no perma- nent structures being planned for that portion, these are unusual circum- stances. Comm. Schmitt suggested a legal opinion on that language. Schmitt/Lane moved to adopt considerations 1 - 23 as listed in the staff report dated September 4, 1985 and attached hereto as part of this record, with changes, additions and clarifications as follows: 10. Eliminate the three existing drive-way cuts and consolidate them into two drive-way cuts as recommended for better traffic flow; with consideration of a traffic study. 12. Consideration of a public dedication for the extension of Bluff Street, to incorporate access to Lots 3 and 4. 21. Require a sample rental agreement giving the owners authority to remove recreational vehicles within 24 hours after the river stage reaches a point of two feet below the lowest sanitary sewer. 24. Check if a sprinkler system is required. 25. Check on requirements for long-term housing (like Residence Inn) . 26. Check dedication of 20 foot fire easement on easterly border. 27. Association agreement for shared parking spaces. 28. Possibilities of more parking--possibly not enough for efficiency units and no allowances made for employee parking, with a possi- bility of more parking on Lot 5 to meet the requirements. 29. Legal opinion to be rendered regarding platting in floodplain. 30. Further discussion of the campground as a use and requirements. 31. Restaurant and motel setbacks to be checked. Mr. Israelson clarified that the developer wants to match the existing roof- line of the motel for the addition, which is why it is located as it is. The developer would like to at least get the addition on before winter, and wondered about the possibility of getting a building permit for that only. The City Planner stated she would look further into that possibility. Motion carried unanimously. Schmitt/Rockne moved to continue consideration of this PUD Preliminary Plat to October 3, 1985. Motion carried unanimously. PUBLIC HEARING - INCA DEVELOPMENT CONDITIONAL USE PERMIT Pomerenke/Lane moved to open the public hearing regarding the request by Inca Development for a conditional use permit to construct 62 units of residential rental on a single lot at Lot 2, Block 1, Canterbury Village 1st Addition. Motion carried unanimously. The City Planner went over some of the background considerations. She related that the County Engineer had some reservations about the project not having internal circulation throughout, although he would issue entrance permits for the cuts. Shakopee Planning Commission September 5, 1985 Page 7 Gary Laurent, developer, stated he believes this is a Planning Commission's dream -- a development with half the density allowable and twice the required parking. He stated their belief that they have a better real estate tax status this way and he has no need for individual ownership as they b plan to rent the units. He thinks this would serve a market presently t ing served in Shakopee, which is a little higher class rent district similar to that which can usually only be owned. No one will be living below or over them and they also have a garage and storage area. The City Planner read through the criteria for granting a conditional use permit. Comm. Schmitt indicated the lack of detailing of the construction of the structures, with no elevation or frontal views. _ Bill Engelhardt, engineer for the developer, stated they have met with the Fire Dept. and showed a schematic of the fire lanes between the units, and their only concern is the turn-around radius. They have no problem with putting in a bubble on the westerly and easterly streets as indicated by the Fire Dept. He said it is close to 60 feet between the garages and sidewalk, so there is plenty of room there. Mr. Engelhardt is confident the three access permits will be granted, as they are 350-360 feet apart, which is more than a City block. The County Engineer indicated they are not interested in upgrading CR16 to an urban section for some time because they don't want it to be used for an access to the racetrack. They have planned enough room for sidewalks if it is upgraded. As an interim measure, they are proposing a walk-way to CR16. They feel the walk-way is to bring people out of the development and down to the business area. Therefore, they would be opposed to a walkway through the development in the back area to CR17. That back area contains a high density of garages with stored items. Discussion ensued regarding the use of a shortcut through the back to get to the Junior High School and the Elementary School. A compromise was suggested with a short path being put in to the south only to the public right-of-way. Mr. Engelhardt said they could provide more information about the type of construction being proposed. Mr. Engelhardt pointed out the substantial amount of green area being pro- vided in the development, with 80 feet between the buildings. Discussion followed regarding an active or passive recreational area and its location. Mr. Engelhardt indicated they would work on the provision of an area, a there are areas that could be appropriate. Mr. Engelhardt said they would also have to get some further information about what type of trees would grow in the bedrock, and they might have to go with evergreens. Chrm. Czaja asked if there were any comments from the audience, and there were none. Schmitt/Rockne moved to continue consideration of the conditional use per- mit of Inca Development to October 3, 1985, pending resolution of the issues addressed by the staff report and following: emergency vehicle access and turn around; pedestrian flow; access to CR16; playground/recreational area; elevation and building structures. Motion carried with Comm. Stoltzman opposed. Shakopee Planning Commission September 5, 1985 Page 8 Cncl. Lebens left at 11:15 p.m. PUBLIC HEARING - HAUER CONDITIONAL USE PERMIT Rockne/Pomerenke moved to open the public hearing regarding the conditional use permit request by Jim Hauer to move in a single family dwelling upon property located on Lot 2, Block 4, Killarney Hills Addn. Motion carried unanimously. The City Planner stated she believes the house is compatible with the existing structures in the area. She passed around a picture of the house proposed to be moved in. She recommended approval subject to conditions. Chrm. Czaja asked if there were any comments from the audience, and there were none. VanMaldeghem/Lane moved to close the public hearing. Motion carried unanimously. VanMaldeghem/Lane moved to approve Conditional Use Permit Resolution No. 427, to allow a dwelling to be moved in, subject to the following condi- tions: 1. The applicant show proof of ownership of the lot prior to the issuance of a Building and Moving Permit. 2. The dwelling unit must meet all of the requirements of the Building Code within six months after it is moved;or A Performance Bond shall be required in an amount equal to the amount of improvements scheduled to be made to the property. 3. All setback requirements of the R-1 zone be met. 4. Approval of on-site septic and water systems by the Building Official. Motion carried unanimously. INCA DEVELOPMENT CUP RECONSIDERATION Gary Laurent stated the items for consideration of his permit are relatively minor, and therefore he asked for consideration of this request September 19, 1985. Discussion followed regarding limiting the time for considera- tion of the request, and indicating that all the items must be resolved to be considered. Schmitt/Stoltzman moved to reconsider the previous motion continuing this public hearing to October 3, 1985. Motion carried unanimously. Lane/Stoltzman moved to continue the public hearing on the request by Inca Development for a conditional use permit to September 19, 1985. Motion carried unanimously. PUBLIC HEARING - HAUER CONDITIONAL USE PERMIT Lane/Schmitt moved to open the public hearing regarding the request by Jim Hauer for a conditional use permit to move in a single family dwelling upon the property located as Lot 3, Block 4, Killarney Hills Addn. Motion carried unanimously. Shakopee Planning Commission September 5, 1985 r Page 91 The City Planner went over the considerations, passed out a picture of the house and stated she believes it is compatible with the area. She recom- mends approval with conditions. Brief discussion followed with clarifi- cation of the location of the easement. Mr. Hauer stated the house is 30 years old, but will be like new when he is done with it. He plans to build a 24 x 24 garage to the back of the lot. Schmitt/VanMaldeghem moved to close the public hearing. Motion carried unanimously. Lane/Schmitt moved to approve Conditional Use Permit Resolution No. 428, to move in a dwelling, subject to the following conditions: 1. The applicant shall show proof of ownership of the lot prior to the issuance of a Building and Moving Permit. 2. The dwelling must meet all of the requirements of the Building Code within six months after it is moved.; or A Performance Bond shall be required in an amount equal to the amount of improvements scheduled to be made to the property. 3. All setback requirements of the R-1 zone must be met. 4. Approval of on-site septic and water systems by the Building Official. Motion carried unanimously. Rockne/Schmitt moved for a five minute recess at 11:31 p.m. Motion carried unanimously. Chrm. Czaja called the meeting back to order at 11:38 p.m. PUBLIC HEARING - MERIDEN ADDITION PRELIMINARY AND FINAL PLAT AND REZONING Schmitt/VanMaldeghem moved to open the public hearing regarding the applica- tion for Preliminary and Final Plat approval of Meriden Addition and an application for rezoning this property from I-1, Light Industrial, to B-2, Community Business. Motion carried unanimously. The City Planner went over the considerations and background of this re- quest and stated staff's recommendation is to deny the rezoning request. She informed the Commissioners that the City Council went over the facts in the Baron Development rezoning request and directed the preparation of a resolution denying the rezoning, at which time the request was withdrawn. Thorton Anderson, one of the principals in the Meriden Corp. , made a pre- sentation of their proposal, which consists of one 8.5 acre parcel where a hotel is proposed and another 6.5 acre parcel for which there is no planned use, other than ponding for surface run-off. The first phase is for a 124 room hotel with a full restaurant and other amenities. The second phase would increase the rooms to 256. He pointed out that the services are in place at this location, and they just have. to be connected. The site was chosen for its proximity to the development area of Shakopee. He said they have been looking since before the first of the year, and there is no other appropriate 81-2 acre parcel available for this development. They believe this to be a very attractive facility for Shakopee, and it is not their intent to be a racetrack oriented project. This is considered a final destination hotel, which does not need to be highway oriented. Shakopee Planning Commission September 5, 1985 Page. 10 Don Woodward, commercial-industrial broker, said he has been working with this developer in going over all the available B-1 and B-2 land in the City. He pointed out the various available property and why none of them was viable for this project. Kermit Crouch, project planner and consultant, showed colored pictures of the proposed hotel and pointed out the various features of the proposal. He believes this presents a buffer zone which is a sound zoning approach. He thinks the transition zone has broken down with the introduction of Canterbury Downs, and he thinks the racetrack is a better neighbor than industrial to the residential areas. He said there is a lot of industrially zoned property available, with 5 square miles of I-1 and I-2 and only 1 square mile developed. He maintains that if this property is taken out of industrial zoning, there is still sufficient industrial left to serve the needs of the City. They want to capitalize on the commercial-recreational image of Shakopee. He thinks commercial spin-off development to the race- track would be a more appropriate image at the entrances to the racetrack. Mr. Crouch stated that obviously this is spot zoning, but he likes the idea of a special zoning district where a specific use is approved for a certain property. Steve Harvey, engineer for the developer, explained they plan to take 6-8 feet off the ridge and fill it into the pit, with the drainage going to the south. The ponding area will be large enough to hold the entire run- off for a 100 year storm. He clarified various engineering details. Mr. Anderson summarized that what they are talking about is currently not available in Shakopee--an upscale, luxury, but comfortable hotel. They plan to spend $72 million in the first phase and $32 million in the second. This will be about 420-460 sqaure feet, with suites, in the $45-$55 per night rate. There will be seating in the restaurant-lounge for 120-140 people, with a 4,000 to 5,000 square feet banquet and party facility, which could be broken down into smaller space. They are talking about 40 full time jobs with a payroll of $600,000 in phase 1, with another 10- 15 people and $200,000 annual payroll in phase 2. They have been dealing with Quality International Hotels, which is the third largest hotel company in the nation. They we anxious to get started, and would like to have the hotel ready to open in April of 1986. Mr. Anderson reviewed the zoning history of the land, with all the changes. He thinks the present zoning may be in error. There has certainly been a major impact on the community and neighborhood patterns have been changed. He feels they fit into the concept of orderly development in the City and are entitled to a change in zoning on this parcel. Chrm. Czaja asked if there were any comments from the audience, and there were none. Mr. Anderson said they haven't made direct contact with the industrial park and don't feel they would be significant users of the facility. He pointed out that there-isno opposition present from the industrial park. He said a Quality Inn is proposed next to Valleyfair and there is one existing in St. Paul. He explained the upper midwest is one of the last areas to be developed by Quality Inns. Shakopee Planning Commission September 5, 1985 Page 11 Discussion followed regarding the possible land use questions that will be addressed in the worksession September 19, 1985. There was affirmation that this proposal is spot zoning. Comm. Pomerenke stated he didn't be- lieve this would be spot zoning because it is contiguous to the commercial use of the racetrack. He wouldn't think there would be more industrial interest west of the racetrack. More discussion continued regarding land use issues and possible alternatives to be worked out in the worksession. The applicant was invited to sit in on the worksession, at which time no public comment will be taken. He was informed that any changes would take some time to put into effect. VanMaldeghem/Lane moved to continue the public hearing on this application to October 3, 1985. Motioncarried unanimously. DISCUSSION - I-1 AUCTION The City Planner went over the background of this request to hold auctions in an I-1 zone. Her interpretation is that an auction is a retail activity, which should occur in a business zone. Roger Wacker explained that he proposes to have an auction one day a week for about 2 hours, at which time hay and straw would be auctioned off in a consignment sale to racetrack trainers. It would be delivered by his trucks. The grain would be from 10-12 farmers. Discussion ensued regarding the definition of an auction and whether or not it is a retail activity. The City Planner pointed out that open sales lot, auctions and flea markets are all allowed in the commercial zones. Chrm. Czaja asked for comments from the audience, and there were none. Schmitt/VanMaldeghem moved to support the staff interpretation that an auction is a retail activity to be conducted on land zoned for business activity. Motion carried unanimously. Chrm. Czaja informed the applicant that this decision can be appealed to the City Council. DISCUSSION - PROPOSED RECREATIONAL VEHICLE ORDINANCE VanMaldeghem/Rockne moved to set the public hearing for the proposed re- creational vehicle ordinance for October 3, 1985, with the intention of discussion on it at the September 19, 1985 meeting. Motion carried unanimously. WORKSESSION Consensus was anyone who wanted to add any subjects to the list for dis- cussion at the worksession should get those topics to the City Planner within 24 hours. Shakopee Planning Commission September 5, 1985 Page 12 PEDDLER'S LICENSE Schmitt/VanMaldeghem moved to concur with staff that peddlers should be required to obtain a conditional use permit prior to the issuance of a peddler's license. Motion carried unanimously. Schmitt/Pomerenke moved to adjourn. Motion carried unanimously. Meeting adjourned at 1:24 a.m. Judi Simac City Planner Diane S. Beuch Recording Secretary l� O� TENTATIVE AGENDA Board of Adjustment and Appeals Regular Session Shakopee , Minnesota October 3 , 1985 Chairman Czaja Presiding: 1) Roll Call at 7 : 30 P.M. 2 ) Approval of Agenda 3 ) Approval of September 5 , 1985 :Minutes 4 ) Other Business 5 ) Adjournment Judi Simac City Planner CITY OF SHAKOPEE TENTATIVE AGENDA PLANNING COMMISSION Special Session Shakopee , Minnesota October 3 , 1985 Chairman Czaja Presiding: 1 ) Roll Call at 7 : 30 P.M. 2 ) Approval of Agenda 3 ) Approval of September 5 , 1985 Minutes 4 ) 7 : 30 P.M. CONTINUATION OF PUBLIC HEARING: To consider the Planned Unit Development Preliminary Plat of Shakopee Valley Square 1st Addition, which is a replat of Halo 2nd Addition and a 28 acre parcel lying North, located on the Northeast corner of the intersection of Highway 101 and County Road 17 . Applicant: Wallace Bakken Action: Recommendation to City Council 5 ) 7 : 45 P.M. CONTINUATION OF PUBLIC HEARING: To consider an application for Preliminary and Final Plat approval of Meriden Addition a replat of Outlot A, Prahmcoll Addition and an application for rezoning this property from I-1, Light Industrial to B-2 , Community Business. Applicant: Meriden Corporation Action: Recommendation to City Council 6 ) 8 : 00 P.M. PUBLIC HEARING: To consider an application for a Conditional Use Permit to maintain a commercial dog kennel upon the property located at 9186 Boiling Springs Lane. Applicant: Reed Otterblad Action: Conditional Use Permit Resolution #429 7 ) 8 : 15 P.M. PUBLIC HEARING: To consider an application for a Conditional Use Permit for a seasonal recreational vehicle campsite upon the property located on part of Tract A, R.L.S. No. 99 . Applicant: John DuBois Action: Conditional Use Permit Resolution #430 8 ) 8 : 30 P.M. PUBLIC HEARING: To consider an application for Preliminary Plat approval of Prairie House Addition lying in Section 3 , Township 115N, Range 22W. Applicant: Curtis M. Bradford Action: Recommendation to City Council 9 ) 8 : 45 P.M. PUBLIC HEARING: To consider applications for: A) Preliminary and Final Plat Approval of Canterbury Apartments lst Addition, locatedin the NE 1/4 of Section 7 (CSAH 17 & S. of 9th and N. of 10th Avenues ) . Applicant: Scottland Inc. Action: Recommendation to City Council B) Conditional Use Permit to develop a 92 unit planned unit development multi-family apartment building on the property described as the NE 1/4 of Section 7 (CSAH 17 and S. of 9th and N. of 10th Avenues ) . Applicant: Scottland Inc. Action: Conditional Use Permit Resolution #431 10 ) 9 : 00 P.M. PUBLIC HEARING: To consider the amending of the Shakopee City Code , Chapter 11, Land Use Regulation (Zoning) . The proposed amendment will establish a recreational vehicle ordinance which designates specific areas and criteria for the development of a recreational vehicle park as a conditional use. Applicant: City of Shakopee Action: Recommendation to City Council 11 ) Discussion: Final Plat of Fox Run lst Addn. Action: Recommendation to City Council 12 ) Informational: a. Angelrock C.U.P. b. Screening at Public Works C. Annual Review C.U.P. #374 - Brooks Superettes d. Council response to Racetrack Development Zone e. 13 ) Other Business 14 ) Adjournment Judi Simac City Planner CITY OF SHAKOPEE a.� OCTOBER 1985 SUNDAY f-10NDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY City 1 2 Planning 3 4 5 Council Commission 7 :00 p.m. 7 : 30 p.m. 6 Public 7 8 Downtown 9 10 11 12 Utilities 7 : 30 a.m. 4 : 30 p.m. ICC 5 :00 p.m. 13 14 City 15 16 Energy & 17 18 19 Council Transportatio 7:00 p.m. 7 : 30 p.m. 20 Comm. Serv. 21 22 23 24 25 26 7 : 30 p.m. Fire Dept. 8 :00 p.m. 27 Cable 28 28 30 31 7 :30 p.m. r SCOTT COUNTY HIGHWAY DEPARTMENT k COURT HOUSE A106 �� 2 #a SHAKOPEE, MN. 55379-1396 (612}445-7750,Ext.346 .. ., BRADLEY J. LARSON Highway Engineer DANIEL M.JOBE September 25, 1985 Asst. Highway Engineer Mr. John K. Anderson, Administrator City of Shakopee 7129 East First Avenue Shakopee, MN 55379 Re: State Aid Project 70-617-07 County State Aid Highway 17 12th Avenue to County Road 42 Dear Mr. Anderson: As we discussed earlier, Dan Jobe, Assistant County Highway Engineer, and Bo Spurrier met to review the above referenced project as it related to Mr. Spurrier ' s May 24, 1985 letter. This letter expressed two principal concerns regarding the project: 1) drainage and 2) vertical alignment at existing street approaches. In this meeting, agreement was reached as it pertains to the current CSAR 17 project. On the drainage concern at the north end of the project, we had contacted Mn/DOT as to their proposed design of the Shakopee Bypass interchange at CSAH 17. Their proposal is to have CSAR 17 bridge the Bypass, thereby depressing the Bypass roadways. Because of this design, they will be required to fully address the drainage concerns for the entire interchange area. It was agreed that the CSAH 17 project maintain the existing drainage scheme as a temporary measure until the Shakopee Bypass is constructed. The other concern was to have a maximum grade of 2 percent on city street approaches to CSAR 17. Wherever feasible, we will provide for this percent grade or less. However, there are existing streets, Valley View Road for one, which have a considerably higher percentage grade than 2%. To rebuild city streets in order to provide a 2% grade is not reasonable and beyond the scope of a County Highway project. We will provide an adequate approach within standards, for these exceptions. An Equal Opportunity Employer Mr. John K. Anderson September 25, 1985 Page 2 As always, the City of Shakopee will be receiving a copy of the final plans for your review and approval. If you have any questions, please contact this office. Sincerely, Bradley J. a on, P.E. County Highway Engineer BJL/miv TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 1 , 1985 Mayor Reinke presiding 11 Roll Call at 7: 00 P .M. 2] Recess for an H.R.A. Meeting 31 Reconvene 4] Liaison Reports from Councilmembers 51 RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 6] Approval of Consent Business rick are considered to be routine b (All items listed with by one motion. Y the City Council and will a beenactedunless a Cion . Theberso willrbe no separate discussion of these items be removed from the consent auersida' in which event sequence on the agenda. ) g and considered inhitstnormalem l #71 Approval of Minutes of September 3rd, 10th, and 17th, 1885 8] Communications: a] Paul Wermerskirchen re : b] heli se Welter re: ICC Day parking lot helicopter landing at St. Francis Hospital C1 Joel Jamnik, Legislative Counsel to regulre : possible bon ate storm water discharges gressional action d Bill Schreiber re : invitation to reception 9) 7:30 p.Mha PUBLIC drlik, Mn. DOT re : pedestrian walk times HEARINGS : on 1st Ave. a] 1985-2 Eaglewood Additions Street Rehabilitation b] 1984-4 Shenandoah Drive Roadwa �� (Res• 2452) c] 1984-5 Valle p Y onstruction (Res. 2450) Y ark Drive and 12th Avenue Roadway Construction (Res. 2451) O] Boards and Commissions : Planning Commission: �] Request to Proceed with Pl for Development in arming Study For A Planning Program the Area of the Racetrack b] Preliminary and Final Plat of Canterbury Park 1s ] Reports from Staff: t Add n. (Res- 2440) a] Preliminary Report of the Scott County Gov' t. Study Commission by Rod Krass and Paulette Rislurid (copy of prior Lake attached) *b] Murphy' s Landingresponse c] Hunting Request for Fund; # g Violations #d] Alley S. Of 1st Ave. btwn Market and Main S-reets e] Bow Hunting - Peave f] Screening & A Y - Valleyfair Ppearance of the Public Works Storage Yard TENTATIVE AGENDA Page -2- October 1 , 1985 111 Reports from Staff continued: g] Sewer Refund for Mr. and Mrs. Broos h] Agreemci;i �,-.`. l.i_ Mn/l)O�' c:�r Ccns .7-ucti cn of the Downtown Interchange and Bridge Improvements *i] Downtown Committee Membership *j ] Councilmembers Serving on City Boards and CommissionE *k] Appointrr_ent t6 -Shakopee Public Utility Commission *11 Appointment to Shakopee Community Access Corp . *m] Final Application for Parcel No. 7 for TH101 Bypass Acquisition n] Hiring of New City Engineer o] Hiring of Temporary Full-time Employee for Engineering Dept. p] Request for Proposals for Consultant for Staffing Needs Analysis q] Bills in amount of $139 , 983 . 20 121 Resolutions and Ordinances: *a] Res. No. 2448, Amending the 1985 Budget b] Res . No. 2442, Preliminary Approval of Scottland Inc . $850,000 I .R. Bonds c] Res. No. 2443, Consenting to the Levy of A Special Tax by the H.R.A. in and for the City of Shakopee d] Res. No. 2444, Directing the County Auditor Not to Levy A Tax for Debt Service for Selected Bond Issues e] Res. No. 2445 , Approving 1985 Tax Levy, Collectible in 1986 *f] Res. No. 2449 , Accepting Work on The Shenandoah Drive Street Construction 1984-4 g] Res. No. 2441 , Amending Personnel Policy for Sick Leave for dependents who are ill *h] Res. No. 2447, Requesting Mn. DOT Conduct an Engineering and Traffic Investigation to Determine Reasonable and Safe Speed Limits on 4th Avenue Between CR 17 and CR 83 i] Res. No. 2424, Appointing Judges of Election and Establishing Compensation 13] Other Business: b] c] 141 Adjourn to Tuesday, October 15 , 1985 at 7 : 00 P .M. John K. Anderson City Administrator TENTATIVE AGENDA Housing Authority in and for the City of Shakopee, Minnesota Regular Session October 1, 1985 Chairperson Vierling presiding 1. Roll Call at 7 : 00 P.M. 2 . Approve the Minutes of August 13th and 20th, 1985 Meetings. 3 . Adopt Resolution No. 85-24 : A Resolution Adopting a General Fund Budget for 1986 . 4. Adopt Resolution No. 85-25 : A Resolution Requesting the Shakopee City Council to Consent to the Levy of a Special Tax by the HRA. 5 . Rental Rehabilitation Grant Program. 6 . Other Business a. b. 7. Adjourn Jeanne Andre Executive Director CITY OF SHAKOPEE PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY ADJ. REG. SESSION SHAKOPEE, MINNESOTA AUGUST 13, 1985 Chrm. Vierling called the meeting to order at 7:05 p.m. with Comm. Lebens, Wampach. Leroux and Colligan present. Also present were Jeanne Andre, HRA Director; John K. Anderson, City Admr. ; Judi Simac, City Planner; Judith S. Cox, City Clerk and Mayor Reinke. The City Attorney, Julius A. Coller, II, arrived later. Lebens/Colligan moved to approve the minutes of July 23, 1985 as kept. Motion carried unanimously, Colligan/Wampach moved to approve the minutes of August 6, 1985 as kept. Motion carried with Comm. Lebens abstaining because of her absence. The HRA Director went over the background of the proposal by the Housing Alliance for tax increment financing. She pointed out some of the changes that have been made since the original proposal. Forty-four units are now planned, all of which will be rental, with the inclusion of a restaurant and beauty shop, to be privately operated and open to the public. The Housing Alliance is talking about a second phase within 6 months, but that is tentative at this time because of pending negotiations with property owners. The HRA Director reported that a computer analysis by Springsted, Inc. , showed enough tax increment from the proposed project to support the re- quested assistance in the form of a land write-down. She explained that at the time the appraisal is ordered, the appraiser will go through specific recognized procedures for obtaining and substantiating the appraisal fig- ures. Comm. Lebens questioned the comments regarding the second phase and more land being utilized. She said her sons are two of the adjoining property owners and they are not interested in selling, She questioned whether there has been communication with any other property owners. She reported that some people she is talking to are getting worried about being forced to sell. The HRA Director responded that the new owner of the property where the bar is located has been approached and is willing to work with the HRA rather than take a long term lease. However, there are more nego- tiations proceeding, which is why they aren't ready to discuss Phase II at this time. Phase I is independent and can stand by itself. The HRA Director explained further the proposal regarding the Abeln's Bar property, which is now vacant. She said there is a private party very interested in renting the property. The Alliance has suggested paying the owner for rent he may lose by not renting the property until the time the project develops, which should be just a couple of months. This would avoid a long- - term lease and further cost to the project to buy it out. She further clarified that the $450 is the appraisal cost just for Abeln's Bar, and $750 is for the bar and 3 houses. If the houses were appraised separately later, those appraisals would be more expensive. Shakopee HRA August 13, 1985 Page 2 Comm. Lebens stated she thinks it is sad to be embarking on another tax increment project, because the people in the City get nothing from all this development--it just gets put into tax increment funds and a few pet projects. Larry Smith, of Housing Alliance, emphasized that he is here tonight to speak only about Phase I, and that is all the proposal and numbers are related to. They are concentrating on the senior housing project, and only for the sake of mutual understanding have shown where Phase II could occur, if they come to an agreement with existing landowners. They are not contemplating that any condemnation would occur or any pressure be applied on existing properties. They have had some contact with several of the owners. They want to notify the City that in the event those ad- ditional properties become available, and you have designated in the Comp Plan that that block be reserved for higher density housing, we are inter- ested in being the developer for as much as is available. Mr. Smith said they are requesting from the HRA the additional appraisal to establish the value of 5 pieces of property, including Abeln's Bar. They would also like to establish some type of arrangement to reimburse the owner of the bar for the period of time he would have to hold it and not be able to lease it out. Mayor Reinke commented on the preliminary sketch and asked about snow re- moval around a curb arrangement shown. Mr. Smith reiterated that this is just a preliminary lay-out and a point from which discussions will take place through the Planning Commission procedures. The HRA Director added that whatever is approved for downtown street designs will be adhered to. The City Attorney arrived and took his seat at 7:30 p.m. Leroux/Colligan moved to authorize appropriate HRA officials to enter into an agreement for appraisal services with Shenehon & Associates not to ex- ceed $450 for appraisal of the Abeln's Bar property. Motion carried with Comm. Lebens opposed and Comm. Wampach abstaining. Leroux/Lebens moved to adjourn. Motion carried unanimously.- Meeting ad- journed at 7:31 p.m. HRA Director Jeanne Andre Diane S. Beuch Recording Secretary PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY SPECIAL SESSION SHAKOPEE, MINNESOTA AUGUST 20, 1985 Chrm. Vierling called the meeting to order at 7:00 p.m. with Comm. Lebens, Colligan, Leroux and Wampach present. Also present were Jeanne Andre, HRA Director; John K. Anderson, City Admr.; Judi Simac, City Planner, Rod Krass, Asst City Attorney and Mayor Reinke. Colligan/Lebens moved to accept the special meeting call. Motion carried unanimously. The HRA Director explained the background for the City's Building Official refusal to issue a Certificate of Completion for Canterbury Downs because the necessary permits have not been pulled. His investigation of the re- cords of Kraus-Anderson, the general contractor, demonstrate the valuation has been made, and when the amended permits are submitted the certificate will be issued. Discussion ensued. The Ass't City Attorney gave his opinion that the Certificate of Completion should be issued if the Building Official has determined that amount of work has been completed. If there is a discrepancy in the amount of build- ing permit fees, that is a separate matter which can be pursued by the City Council. Bruce Malkerson, attorney for Capterbury Downs, stated it was his intention to deliver to the City a check for $ 15,000 for building permit fees tonight. However, he forgot the check but he will bring it over in the morning. He would like to talk to Mr. Houser about various improvements that were made and expenditures that would not show up on building permits. Colligan/Wampach moved that upon confirmation by the Building Official that amended building permits and related fees have been submitted to the City, authorize appropriate HRA officials to execute the Certificate of Completion and release of forfeiture as provided for (Exhibit B) in the Second Amended Contract for Private Development by and among the City of Shakopee, Minnesota, the Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota, and Minnesota Racetrack, Inc., as executed November 20, 1984. Motion carried unanimously. Leroux/Wampach moved to adjourn. Motion carried unanimously. Meeting adjourned at 7:10 p.m. Jeanne Andre HRA Director Diane S. Beuch Recording Secretary TO: Jeanne Andre, HRA Director FROM: Gregg Voxland, Finance Director RE: 1986 Budget DATE: September 25, 1985 Introduction and Background The HRA Budget is included in the City budget which Council members received last month. Attached are Resolutions Number 85-24 adopting the 1986 budget and Resolution Number 85-25 requesting a tax levy. Also attached is Lhe detailed budget information. The HRA Board should discuss the budget proposal and adopt the resolutions with changes as they deem necessary. RESOLUTION NO. 85-24 A RESOLUTION ADOPTING A GENERAL FUND BUDGET FOR 1986 WHEREAS, the By-Laws of the Housing and Redevelopment Authority in and for the City of Shakopee provides that a budget be prepared on an annual basis. NOW, THEREFORE, BE IT RESOLVED, that the attached General Fund Budget be approved for 1985 with total appropriation in the amount of $33,260.00. Adopted in session of the Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota, held this - 1985. day of , Chairman of the Housing Authority ATTEST: Es.ecutive Director Secretary Approved as to form this day of 1985. City Attorney RESOLUTION NO. 85-25 A RESOLUTION REQUESTING THE SHAKOPEE CITY COUNCIL TO CONSENT TO THE LEVY OF A SPECIAL TAX BY THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE WHEREAS, the Housing and Redevelopment Authority in and for the City of Shakopee was created pursuant to Minnesota Statutes, Section 462.411 et. seq. , as amended, and WHEREAS, Minnesota Statutes 1965, Section 462.545 designates all the territory within the area of operation of the authority as a taxing district for the purpose of levying and collecting a special benefit tax, and WHEREAS, Section 462.545 states that the special levy shall not exceed 10 cents on each $100 of taxable valuation in the area of operation, and WHEREAS, MSA 273.1102 states that any tax rate shall not exceed 33.33 percent of such maximum tax rate specified by law or charter. WHEREAS, Section 462.545 states that the governing body of the municipality must give its consent to such a tax levy. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY uF SHAKOPEE, MINNESOTA that the Housing and Redevelopment Authority hereby requests the City Council of the City of Shakopee to consent to the special tax levy of $25,000 payable 1986 by the Housing and Redevelopment Authority in and for the City of Shakopee. Adopted in session of the Shakopee housing and Redevelopment Authority of the City of Shakopee, Minnesota, held this day of 1985. Chairman ATTEST: Executive Director Approved as to form this day of , 1985 City Attorney CITY OF SHAKOPEE, MINNESOTA 1986 BUDGET HRA FUND BUDGET SUMMARY 1983 1984 1985 1986 Actual Actual ' Budget Proposed Revenue Taxes $ 11,201 $ 17,701 $ 19,100 $ 21,000 Intergovernmental 2,440 3,746 3,900 4,000 Interest 10,934 30,646 10,000 10,000 .Miscellaneous 15,599 ------------ ------------ ------------ ------------ Total Revenue 40,174 52,093 33,000 35,000 ------------ ------------ ------------ ------------ Expenditures and Transfers Personal Services 11,561 19,695 17,925 19,890 Supplies and Services 15,452 7,229 6,620 13,370 Capital Outlay 487 15,000 - ------------ ------------ ------------ ------------ Total Expenditures & Transfers 27,500 41,924 124,545 33,260 ------------ ------------ ------------ ------------ Excess (deficiency) of Revenues over Expenditures and Transfers $ 12,674 $ 10,169 $ 8,455 $ 1,740 Fund Balance December 31 $ 132,312 $ 142,481 $ 150,936 $ 152,676 ACTIVITY: Activity includes the operation of the Shakopee Housing and Redevelopment Authority including research and development of projects to improve housing, community"resources, and economic opportunities in Shakopee. Preparation of applications and administration of grants to accomplish above activities. Staff must maintain HRA records and prepare materials for policy decisions by Commissioners. The Commission is made up of the five City Council members. OBJECT NO: Description of Line Items: 4100 Share of City Staff - Director at 452 and Secretary at 12% of full time. OBJECT DESCRIPTION TOTAL PROGRAM PROGRAM PROGRAM PROGRAM 191 193 194 195 MGT REHAB DESIGN LOANS **TOTAL PERSONAL SERVICES $ 19,890 $ 15,675 $ 595 $ 1,810 $ 1,810 **TOTAL SUPPLIES/SERVICES 13,370 7,320 . 1,050 5,000 0 **TOTAL CAPITAL 0 0 0 0 0 - ------------ ------------ ------------ ------------ --------- ****DIVISION TOTAL $ 33,260 $ 22,995 $ 1,645 $ 6,810 $ 1,810 OBJECT uLSCRIPTPON 1985 1986 1986 1986 _ 1983 ' ' 1984 1985 Y-T-D EST DEPT MGR COUNCIL „ ACTUALACTUAL APPROP 05-31-85 ACTUAL RE0U=ST RECOMMO AOOPTN. •►• • TOTAL PIRSOtiAL S-RVICES 11561 19695 11925 8599 I 19890 I 19890 I • I .............................. --..------------------ ------------------ ---------- -.-.--------..------- �•�• TOTAL SUPPLI--S R SERVICES 15453 7229 6620 789 I 13370 I" 13370 "I I ..-------• w•-- ••+-• --- ------- ----------------------------------------------------------------- •• * TOTAL CAPITAL ExFENDITURE 43715000 C I I I .... .. .. -- ----------- - -------------------------- -----------------------------I - ------------------ iOTAL ArJ1NT:i TdIS uTVISION 2750141924- 24545 9389 I 33260 I 33260 I _......«_�__--------.--.--------• --- ..---.--. --.._ -. .--------- -------------------�------------------ ------------- TOTAL AH)JNTS THIS CEPARTMENT 27501• , : 41924 24545 9388 I 33260 I 33260 I I ........ ................................r\-------- ---------------------------------------.------ ---- -------------.-------.•------ TOTAL AN WO S ThIS FU40 27501 u41924 "24545 9388 I 33260 I 33260 I I VdH 61 AO VaH Sl -_---_----....---------------------«..«._.-....«--- ... --..... .............. ............................................. .. 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I I 05L I CSL I Gpl L9 b11 Vd?d !Y 1NiVlr dinu3 -£77 -2 I O£2 I - 2Z 0£Z• - I I O -61 762 S3Il.:dnS 0121 - ------- -------------------------------.. - . .----- -------------•----- -. I I 06861 I 06861 I 6659 52611, 56961 1951 L S33IA'd3S lVl1GSd3d lUIOI •••• ----------------- - -- -- - ------------ -I ----- - .-575-------575-----I ----------5---------01----------- - -072--- -- -- .------ -- S-------- --- n NI ----------------------------------------------------------------------------------------------------------------------.--•------------- I I S7hl I S7hl I 667 52£L 7£21 678 ASNI 1A-1 '9 HiIV3H 1S 17 -- - - --- ------------------- --------------------------.- -. I I i OS LL I GSII 1LS S201. 0-LL P09 VDIj-SNOI�N3d 1717 I 1589 I SS9 I 21.- 529 £91. 661 Vb3d nhl4 1 - -- « - I I i I 9 211 9 I l 187d - S3I IIVIVS Of l7 --------------------------------------------------------- -------------------'-- -------- ----- - • ------ I I 59091 I S909 I 0269 0,19V 1. 81291 dS-6 3WI1 Ilnj-S3IbVlVS C[lh -41d00V 0UH0338 1S7-nQ3d 1Vn13V SB-L--SO dOddcV 1Vn13V 1Vn13V 113Nn03 d9H 1d3O 1S3 0-1-A 5861 h86L £bol 9861 996L 9861 5861 NOIldI2i3S3n 133f O0 VdH 61 AIO Vdrl SL TO: Shakopee Housing and Redevelopment Authority (HRA) FROM: Jeanne Andre, Executive Director RE: Rental Rehabilitation Grant Program DATE: September 26 , 1985 Introduction: The HRA has agreed to operate a housing rehabilitation grant program for the City with assistance from by the eHScott in CountAprily HRA. Although this program was approved no marketing of the program has occurred because HRA staff was trying to coordinate the operations of the program with the County HRA staff before recruiting participants. The amount of time it has taken to coordinate the operations with the County has made it clear that their rehab staff is not very available to administer the program. This issue has now been further magnified because Candewyck, with 89 units , has expressed an interest in participating in the program. The burden of adminis- tering the program for this size project is the impetus to come back to the HRA for further direction. _Background: The rental rehab grant program is very complex. The attached copy of the activities and division of responsibilities between the HRA and County HRA gives some idea of the scope of project administration. The HRA participated in a previous phase of this program on a city-wide basis and none of the larger projects ended up participating (Shakopee East tried but the scope of their proposed improvements was too small to be eligible) . Therefore when local participation of phase 2 was proposed in order to reach smaller buildings downtown, it was presumed larger buildings would not be interested in participating. To a certain extent, inspections of project improvements while in process and at close out is not that much more time consuming for large buildings than for small buildings. However, what is time consuming is initial and final housing quality standards (HQS) inspection of each unit, and interviews with each tenant to determine section 8 eligibility. Under our agreement with Scott County, the County does the HQS inspections and our HRA does the tenant interviews. For a large project such as Candlewyck, the Mn Housing Finance Agency (MHFA) has agreed to do the construction inspections if the HQS inspection and tenant interviews are handled locally. Therefore the burden is still on local staff if we proceed with the Candlwyck Project. The County has suggested they can do the HQS inspections as they have 3 staff persons qualified to do this activity. They have also suggested we could amend our contract to request them to do the tenant interviews. Either of these alternatives would probably lead to increased contract costs. (Now at a not to exceed $900 per building) Financing may not be a problem however, due to the way the current local project is structured financially. There is a fee to the applicant of $200 non-refundable, plus 30 of the project amount in excess of $6500 . Because Candlewyck is looking at a project in the neighborhood of $137, 000, they would have a fee of approximately $4000, which should cover additional contract or staff costs . However this fee may be beyond the scope originally anticipated, as with a five-unit building the maximum fee would have been $905 . Therefore an upper cap may be in order. One additional policy decision is whether to get involved in projects outside the downtown area at all. The original decision to proceed with phase two of this project was based on a desire to help with downtown improvements . It was determined that projects outside the downtown with five or less units would not be included. We now have two inquiries for projects outside the downtown which have more than five units. Basic Decisions: The above information is background to a series of decisions which need to be made considering the limited in-house time available and the cost of bringing in additional assistance through the County HRA or temporary assistance. 1. The most basic decision is whether to include any Projects outside the downtown. If outside projects are excluded, then there is no need to consider staffing and financial issues. Factors in favor of allowing outside participation include providing financial assistance to property owners to provide more habitable rental housing, and the potential to bring more section 8 housing assistance to the county. Factors against allowing outside participation include the issue that HRA Commissioners may wish to give priority to other areas of concern (eg. Downtown redevelopment, block grant, comprehensive plan amendments, etc. ) . 2. If the HRA wants to look at participating outside the downtown, a way to administer this function must be developed. The two alternatives which come readily to mind are contracting with the County, or authorizing temporary secretarial support to be offered to some of these functions. Due to problems so far in contracting with the County, I recommend trying to use our own temporary secretarial help. I 've discussed this with the current person and she indicates that she would be willing to help. This would involve a separate appropriation for temporary staff. 3 . If participation for larger projects is contemplated, the fee structure should be explored. Some alternatives are as follows: a. Leave the structure as is , with no cap, such that large projects would have large fees . b. Establish a cap at $2000 or some other amount. C. Have a graduated fee schedule of $200 initial, 3% additional for projects between $6500-50 ,000 and 1% for amounts above 50 ,000 ( $2375 for a $137 , 000 project) ; or $10 per unit for projects above $50 , 000 ( $2395 for an 89 unit building above $50 , 000 ) . some variations on alternative c is recommended. Recommended Action: Determine that projects of more than five units beyond the downtown area can participate, with some sort of graduated fee schedule. Staffing to be with a combination of county HRA, existing HRA and additional temporary help. List of Activities/Responsibilities for Local Administration of MHFA Residential Rental Rehabilitation Grants in Shakopee ( Shakopee Housing and Redevelopment Authority is SHRA Scott County Housing and Redevelopment Authority is CHRA) 1 . Develop cover letter to send to potential applicants to the program - SHRA 2 . Develop addendum to brochure explaining eligibility - of' buildings with 1-5 units - SHRA 3 . Develop press release - SHRA 14 . Develop application process checklist to use as cover for application packet, - CHRA 5 . Develop ( modify) rental rehabilitation inspection form - CHRA 6 . Develop administrative process checklist to place on master file cover - CHRA 7 . Develop form letter to send to applicant after receipt and review of application to inform applicant of steps in process: 1) initial inspection to develop work write-up; 2) bids (with equal opportunity requirements; 3) closing ; 14 ) City building permit process ; 5 ) final inspections ; 6 ) disbursement of funds ; 7 ) affirmative marketing for minimum of 7 years. CHRA. 8 . Develop energy audit procedure SHRA 9 . Certify compliance with energy audit requirements (if permitted by MHFA) - CHRA 10 . Conduct initial inspections, work write-up and final inspection to. authorize disbursements - CHRA 11. Review bids received for completeness - CHRA 12 . Administer Voucher .Element of Program a. Develop information sheet on vouchers for tenants-SHRA b. Survey tenant income or secure waiver to access existing Section 8 income data - SHRA C. Apply to HUD for vouchers - CHRA d. Ongoing administration of vouchers - CHRA 13 . Develop information sheet on minority contractor compliance SHRA 14 . Develop information sheet on affirmative marketing activities and documentation SHRA 5/15/85-Draft s OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA SEPTEMBER 3, 1985 Mayor Reinke called the meeting to order at 7:00 p.m. with Cncl. Vierling, Wampach, Lebens, Colligan and Leroux present. Also present were John K. Anderson, City Admr. ; Judith S. Cox, City Clerk; Julius A. Coller, II, City Attorney; Jeanne Andre; Community Develop. Dir. ; Judi Simac, City Planner and Rod Krass, Ass't City Attorney. Liaison reports were given by Councilmembers. Mayor Reinke asked if there were any comments from the audience on any items not on the agenda, and there were none. Leroux/Wampach moved to approve the minutes of August 13, 1985 and August 20, 1985 as kept. Roll Call: Ayes; Unanimous Noes; None Motion carried. Vierling/Wampach moved to approve the minutes of August 27, 1985 as kept. Roll Call: Ayes; Leroux, Wampach, Vierling, Reinke, Colligan Noes; None Abstain: Lebens Motion carried. Vierling/Leroux moved to send a letter to the Minnesota Congressional Delegation urging support on the Fair Labor Standards exception for over- time pay requirements, as requested by the League of Minnesota Cities. Motion carried unanimously. Ron Carlson addressed the Council to urge legalizing hunting by bow on certain properties in Shakopee. The two properties mentioned are owned by Peavey and Valleyfair, and each consist of over 40 acres. He doesn't believe there is any safety consideration, as the average shot is 30 yards or less. He thinks it is very safe, and the deer herd in those areas is very healthy. Bow hunting would be allowed only on written permission of the owner, and he was sure they would allow only a small number of persons at any time. He added the bow hunting season is from September 12 to December, so there isn't a lot of people going at the same time. Cncl Lebens questioned the ability to contain the hunting on those pro- perties. She was concerned with the activity occurring on park lands. Mr. Carlson responded there are areas in Shakopee that are safe and set aside for shooting by bow. Leroux/Wampach moved to direct staff to make whatever changes are neces- sary in City Ordinance Chapter 10, Section 10.20 to open up the areas owned by Peavey and Valleyfair for bow hunting. Several other sites were mentioned as possible for bow hunting, such as Shiely and NSP, where some people have been bow hunting. Consensus was to remain with the two requested areas. Shakopee City Council September 3, 1985 Page 2 , Someone in the audience explained that in bow hunting you don't just blaze away, as it costs $5-$6 each time a bow is shot. He said bow hunters are an extremely careful group, with a low profile and low danger possibilities. Motion carried unanimously. Mayor Reinke read the letter received from Red Cross asking for support in conjunction with the United Way, for increased human services. Byron Laher, of United Way, asked for the Council's support in their fund- raising campaign in Shakopee, primarily with small businesses. They are seeking corporate contributions and personal contributions from employees. He said he has also talked with the Chamber of Commerce. Leroux/Lebens offered Resolution No. 2434, A Resolution Supporting United Way Day, September 18, 1985, In Shakopee, and moved its adoption. The City Admr. read the resolution. Motion carried unanimously. The City Admr. said that in today's mail he received the formal request from United Cable Television officials (the managing partner of the franchise at this time) regarding concessions sought. He did not have time to review it, but discussed the previous verbal requests made by United Cable Television. Considerable discussion ensued regarding the probable condition of the cable company financially, possibilities of various concessions, savings that could be realized and methods of obtaining a financial audit of the company, and obtaining payment for the audit from the cable company. Vierling/Leroux moved to authorize staff to work with Chaska City officials in hiring an independent financial consultant familiar with the cable in- dustry to review Zylstra-United's proposed concessions and financial con- dition; cost to be assumed by Zylstra-United pursuant to the Franchise Ordinance. Further discussion ensued regarding the advisability of working with the cable company any further, especially in light of its lack of effort in marketing and sales and management. Leroux/Vierling moved to table further consideration of the cable company requests until the official requests are made and analyzed and a staff report is brought back. Motion carried unanimously. Colligan/Vierling moved to open the public hearing regarding the appeal by John DuBois of the Planning Commission's decision that a mini-storage facility is not a permitted use in the B-1 zoning district. Motion carried unanimously. The City Planner went over the background and considerations of the Plan- ning Commission. Gehl Tucker, representing Mr. DuBois, stated it is his interpretation that this intended use is appropriate according to the ordinance under a service establishment, because it has individual customer contact. He said this was not to be a warehouse facility with semi-tractor loads of huge quantities Shakopee City Council September 3, 1985 Page 3 of material. It is his contention that just because it is not specifi- cally listed, it should not be disallowed from the zone. Additionally, Mr. Tucker explained the lot is not very well situated for any type of use. Presently on the property there is a dwelling house and a trailer house. It is not serviced by utilities, and a mini-storage would be ideal for that land. Mr. Tucker believes the mini-storage zoning is a grey area and not easily defined. He found the facilities in industrial and business zoning, but thinks the trend is towards business. He listed all the cities he con- tacted and their zoning for mini-storage facilities. Mr. Tucker recounted that Mr. DuBois moved to this property when it was zoned residential, which then was changed to B-1. He is now chained to that property and it is impossible to get a secondary mortgage for his property because of the zoning. He thinks this is an opportunity to make the property income producing and more attractive to the City for the tax base, and he thinks it would have a positive impact on the City and immediate area. Mr. DuBois said the property is sitting on limerock and there are no City services. Discussion ensued regarding the lack of highway frontage. Cncl. Leroux pointed out that mini-storage is specifically allowed in the I-1 and I-2 but it is not stated as a use in B-1, so the intention must have been to leave it out. He added that if mini-storage was allowed on that property, it would have to be allowed in all the B-1, which could be all up and down First Avenue, which he would not like. Discussion continued regarding the possibility of rezoning the property to I-1 and the ramifications that would have for adjacent properties. Mr. Tucker offered that Mr. DuBois is flexible about the existing struc- tures. The trailer would be removed. The plan would be to have the office and security in the house, with the storage cubicles connected, if need be. The house would be occupied by the full-time security personnel. Mr. DuBois said he is in a "Catch 22" situation because he is zoned highway business, but doesn't face the highway and so can't get anyone interested in developing it. He said St. Regis, the neighboring property, now has creosote soaked poles, which are not very attractive next door. Having no sewer and water limits the uses of the property. He can't get financing because of the zoning for the house. Further discussion ensued. Leroux/Vierling moved to direct this item back to staff and Planning Com- mission for further research regarding other alternative re-zoning pos- sibilities. Motion carried unanimously. The consensus of the Council was that the City Planner and Planning Com- mission's decision regarding the mini-storage still stands. Colligan/Vierling moved to open the public hearing regarding proposed uses of Revenue Sharing Funds for 1986. Motion carried unanimously. Shakopee City Council September 3, 1985 Page 4 The City Admr. explained the purpose of this public hearing was to receive public comment as to the proposed uses of revenue sharing funds. Mayor Reinke asked for comments from the audience, and there was no response. Colligan/Wampach moved to close the public hearing. Motion carried unani- mously. Mayor Reinke read the letter withdrawing the request for a zoning amend- ment on behalf of Baron Development Corp. Leroux/Lebens moved to accept and place on file the letter dated September 3, 1985 from Walter H. Rockenstein, II, on behalf of the Baron Development Corp. withdrawing the request for zoning amendment. Motion carried unani- mously. The Asst City Attorney conducted a briefing regarding license suspension and revocation hearings procedure, which would apply to any fact-finding hearing authorized under ordinance. He stated the Courts will give a City Council wide latitude in the decisions it makes as long as the basic con- cepts of due process are adhered to, to provide fairness for the applicant. Notices of hearings are to be timely and specific regarding the issues, alternatives and options and possible consequences. The Ass't City Attorney emphasized the hearing is not a time for debate or argumentation, but rather to receive comments and ask questions for clarification. The applicant should have the opportunity to be heard and respond. He reiterated that the Judges are more interested in the proce- dure used than the decision reached, as they recognize the Councilmembers are elected to their position and it is their responsibility to make those decisions. He will follow up this dissertation in writing. Lebens/Wampach offered Ordinance No. 184, Fourth Series, An Ordinance of the City of Shakopee, Amending Shakopee City Code Chapter 11, Entitled "Zoning" by Removing Certain Parcels from the I-1 Light Industrial Dis- trict and Placing the Same Parcels in an R-2 Rural Residential District, and Changing the Zoning Map Accordingly and by Adopting by Reference Shako- pee City Code Chapter 1 and Section 11.99, Which Among Other Things Con- tain Penalty Provisions, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Planner gave the background regarding the Preliminary Plat of Notermann's 2nd Addition, which was sent back to the developer for fur- ther work to eliminate the need for 25 foot variances for each lot. The developer is now asking for reconsideration of his plat with the 25 foot variances and has submitted a color exhibit showing the proposed development. There was some discussion about how the possible vacation of Adams Street would affect this development. There is no application for vacation at this time. Mr. Notermann stated the 4-plexes planned are more saleable than 6-plexes. However, he expressed an interest in applying for a zoning to allow apart- ments, because he is wasting a lot of land with this plan. He said this . property was platted in 1880 and hasn't had any use; he has just paid taxes on it for 30 years. He is thinking now of planning a 24 unit apart- Shakopee City Council September 3, 1985 • Page 5 ment building, and asking the City for the cheap money it has available. He said if the plat as proposed is causing any problem, he ma,, doesn't want it approved. Discussion followed regarding the need to reduce the variances, and the lack of hardship being shown. Wampach/Lebens moved to reconsider the previous action regarding the Pre- liminary Plat of Notermann's 2nd Addition. Roll Call: Ayes; Colligan, Wampach, Lebens, Reinke Noes; Leroux, Vierling Motion carried. Wampach/Lebens moved to approve the Preliminary Plat of Notermann's 2nd Addition, subject to the following conditions: 1 . The approval of .a . 25 foot lot width variance for each of the four lots . 2. The applicant shall submit a plan which shows how each lot can be developed without further variances . 3 . Approval of a Title Opinion -by the City Attorney. 4. Park Dedication fees to be paid at time of building permit application, in lieu of land dedication. 5 . Dedication of ten foot drainage and utility easements . 6 . Execution of a Developer ' s Agreement to provide for the construction of the required improvements : a) A five -foot sidewalk to be constructed along the south side of Fourth Avenue in accordance with the Design Criteria and Standard Specifications of the City. of Shakopee. b) Construction of Fourth Avenue shall be in accordance with the Design Criteria and Standard Specifications of the City of Shakopee. Soil borings shall be taken, to the satisfaction of the City Engineer, which demonstrate the suitability of the road bed. c) The developer shall agree to be responsible for the increased cost for subgrade correction of Fourth Avenue. d) The developer shall agree to the City Engineer' s method of apportioning the installments remaining unpaid against the plat and* that the developer waives his right to appealing the apportionment. e) Approval of the overlot drainage plan by the City Engineer. f) Water system to be installed in accordance with the - - -- - --requirements- of-the-SPDC Utilities --Manager. g) Sanitary sewer services to be installed in accordance with the Design Criteria and _Standard Specifications_ of the City of Shakopee. 7 . The City Engineer must receive and approve final plans and specifications for all public facilities including, but .not limited to, roads , sanitary sewer system, storm sewer, drainage grading, etc. Shakopee City Council September 3, 1985 Page 6 Roll Call: Ayes; Wampach, Lebens, Reinke, Colligan Noes; Vierling, Leroux Motion carried. The informational memo regarding handicapped accessibility compliance was reviewed. The memo outlined the steps the City had taken to bring all buildings except City Hall into compliance. City Hall would be handled separately by staff taking info to the Library for the handi- capped to view there. The City Admr. informed the Council regarding comments made by the Utili- ties Manager relative to the number and placement of the requested street lights along Boiling Springs Lane. Vierling/Leroux moved to approve the expenditure of funds not to exceed $3,000.00 for five lights and installation plus an additional $57.50 per month for power and maintenance for street lighting along Boiling Springs Lane, as per design of Minnesota Valley Electric. Leroux/Lebens moved to amend the motion to make the request for only three street lights. Motion to amend carried with Mayor Reinke opposed. Main motion as amended carried unanimously. Discussion ensued regarding a suitable name for CR83, that would convey a major collector street. Leroux/Vierling moved to approve the name Canterbury Drive to be given to CR83, and direct staff to proceed with the necessary actions. Motion carried unanimously. Wampach/Leroux moved for a five minute recess at 9:00 p.m. Motion carried unanimously. Lebens/Vierling moved to re-convene at 9:10 p.m. Motion carried unanimously. Vierling/Wampach offered Resolution No. 2433, A Resolution Accepting the Bid on 4th Avenue Reconstruction, Project No. 1985-1, S.A.P. No. 166-108- 01, and moved its adoption. The City Admr. summarized the resolution. Roll Call: Ayes; Leroux, Colligan, Wampach, Vierling, Reinke Noes; Lebens Motion carried. The Ass't City Attorney informed Councilmembers of the error made by the low bidder for the 2nd Avenue parking lot reconstruction and storm water project. He explained that the contractor believes the quantities involved are minimal, and therefore, he is prepared to accept the erroneous quote he submitted. In any case, if the correct line amount had been submitted, this contractor would still be the low bidder. He suggests the City approve the bid and award the contract. If the quantities are greater than esti- mated, consideration can be given at that time for a change in that line item. Leroux/Vierling offered Resolution No. 2432, A Resolution Accepting Bid on 2nd Avenue Parking Lot Reconstruction and Storm Sewer Project No. 1985-4, and moved its adoption. Shakopee City Council September 3, 1985 Page 7 7 Roll Call: Ayes; Vierling, Colligan, Leroux, Wampach, Reinke Noes; Lebens Motion carried. The Community Development Director explained the changes made in the pro- posed Housing Bond policy, pursuant to various comments and requests made by the Council. She recommended it be handled by the City Council, rather than the HRA. The Ass't City Attorney cautioned the Council on its involvement in the policy as far as financial responsibility is concerned. He does not want it to appear in any way that the City is analyzing and guaranteeing the feasibility of a project. He believes it is wiser to let the market make those financial judgments. All the City is doing is making the bonds tax exempt; these are not City bonds. Therefore, he would recommend deleting Section E3 on page 5 of the proposed policy. Kent Richey, of O'Connor & Hannan, bond counsel, agreed with the Ass't City Attorney, and said the City's credit is not involved. He further clarified several issues regarding State and Federal law relative to rental housing bonds, some of which were legal and some policy decisions. He said the basic question is what type of housing the City Council wants to see in the City; that which minimally meets the Federal and State require- ments, or something more restrictive. If the City desires the State and Federal standards the policy can be adopted easilyonedthrough,ky•with comIf - ments criteria is desired, the policy should be g ments sought from the developers present. Mr. Richey clarified that the low and moderate Federal average is $26,250, which is above the average for Shakopee. Bruce Malkerson, representing Scottland, said there are very few cities that have anything other than the State and Federal standards for housing bonds, except for one or two phrases in a few policies. He asked if the City wanted to encourage development in multi-family areas. He finds a lot of language in the proposed policy that could end their project before it begins. Cleo Rasmussen, Miller & Schroeder Municipals, stated that some of the cities that have more restrictive policies have adopted those because their housing stock is more than adequate. In Shakopee, the vacancy rate is below 1%. Generally, if the vacancy rate is below 5% there is a definite need for rental housing. She suggests some essential language can be in- cluded in the policy, but she requested it not be made so restrictive that developers avoid using it. Stefanie Galey, of Holmes & Graven, maintained that it is possible to include specific language regarding certain extra criteria the City wants, and still remain silent on the matters that the State and Federal laws t levels, have addressed the City and developments should beuch as nencouraged ethrough ed so thoroughly this policy- needs housing Consensus was to include some additional guidelines in the policy, over and above the State and Federal standards. Shakopee City Council September 3, 1985 Page 8 The proposed Mortgage Revenue Bond Policy (cc Doc. No. 96) was gore through, section by section, with the following discussions, changes, deletions and additions: SECTION II F: Mr. Malkerson objected to this provision as it didn't tie in to the rest of the policy. The Comm. Develop. Dir. stated it could be deleted, but the intention was that it could be used as a trade-off with a developer. SECTION III C 2. d. : Mr. Malkerson said this doesn't apply to their pro- ject, but he thinks it is more restrictive than necessary. Gary Laurent added it could preclude rehabilitation of some old buildings. SECTION III C 1. Ms. Galey recommended citing Federal guidelines for this section, which state rehabilitation is considered if the cost of repairs exceeds 15% of the financed acquisition costs of the building. SECTION III Dl b: Mr. Malkerson objected to the requirement of the esti- mation of the utilities 5 years in advance. Mr. Richey clarified that the Federal law does not impose direct maximum limitations, but does maintain occupancy levels through income levels. Consensus ,was to delete Section III D 1. a, b, and c. and refer to Federal and State guidelines. SECTION III D 2. : Ms. Galey pointed out the effect of this section will be to discourage construction by making the proposed guidelines applicable now. Mr. Malkerson said it isn't necessary to anticipate the proposed changes because the State and Federal guidelines become appli- cable automatically. Mr. Richey outlined the changes proposed. Consensus was to delete this Section III D 2. a, b, c and d, and refer to State and Federal guidelines. SECTION III D 3: Larry Smith, of the Housing Alliance, stated they have spent a considerable amount of money over the last year analyzing the needs of the City. They are concerned about how the City would arrive at a definition of special renter groups. He said it is their money that is being put on the line. The Asst City Attorney said this is one place where he would recommend the market should dictate. Consensus was to delete this provision. SECTION III D 4: Ms. Rasmussen said the over income clause could create some underwriting problems. The Comm. Develop. Dir, said another under- writer said this provision would not be a problem and there are lots of bonds sold throughout the State with similar restrictions. Further dis- cussion ensued. The City Admr. clarified that Federal policy allows the gradual elimination of the 20% low and moderate housing, and this provi- sion should be left in if the City wants to maintain the integrity of the 20% low/moderate income units. Consensus was to only delete the language between the commas in the second sentence relating to relocation. SECTION III D 6: Mr. Malkerson pointed out this provision prohibits the restriction of no children to a floor or building. He thinks this should be left as a market decision. Mr. Smith revealed their plans for Phase II would be to target those aged 45-65, the pre-senior market, and that lo- cation does not lend itself to children because of the lack of adequate recreation space. Consensus was to strike the last sentence. Shakopee City Council September 3,1985 ^ Page 9 r ll SECTION III E 2: Mr. Malkerson referred the Council to his letter of August 30, 1985 regarding estimates of additional costs that would be required by this provision and his suggestion of additional low mainte- nance exterior materials. Mr. Smith agreed with the listing of materials by Mr. Malkerson. He said they have done over 3000 residential units, in which a good many fall into the upper income levels, and most fall into those types of construction mentioned. They are hoping to have a wood picket fence around the project, which would be prohibited by this pro- posed provision. Considerable discussion followed regarding various types of exterior construction materials and the pros and cons of each and the maintenance levels required of each. The performance standards of the City were re- viewed. Cncl. Colligan commented that the key is not only the type of materials, but the design and maintenance. The City Admr. stated the City can't legislate good taste, design and maintenance. Consensus wasroyal to add "stucco" and indicate all other proposals must have prior app from City Council. SECTION III E 3: Consensus is to delete entirely. SECTION III E 4: Consensus is to delete entirely. SECTION IV A: Mr. Malkerson recommended deletion, and the Ass't City Attorney agreed. Consensus is to delete. SECTION V C 1. b: Change to: Findings regarding City Code and other requirements, including but not limited to, zoning provisions, building plans, platting, streets and utility services. SECTION V C 2: Change last sentence to: All City Code findings and requirements must be met prior to adoption of a resolution of preliminary approval. SECTION V G: After first sentence, change to: The City may rely on the opinion of such experts and the application shall be accompanied by a preliminary financial analysis by the underwriter as to the economic feasibility of the project and the underwriter's ability to market the financing. (Delete last sentence.) SECTION V H: Financial consultant and Ass't City Attorney to combine this with Section V G, with the same concept. Staff agreed to bring back a revised policy incorporating the proposed changes for final Council approval by resolution. Leroux/Wampach moved to direct the Fire Dept. to hold a drill on the warming house building at Huber Park, and direct Public Works Dept. to clean up the remainder. Motion carried. Roll Call: Ayes; Unanimous Noes; None Leroux/Wampach moved to direct staff to recruit five members for the Housing Appeals Board from the construction and real estate fields when advertising in late 1985 to fill all boards and commission vacancies, and to draft a resolution establishing terms of office, rules of proce- dures, etc. Motion carried. Roll Call: Ayes; Unanimous Noes; None Shakopee City Council September 3, 1985 Page 10 Leroux/Wampach moved to authorize City officials to execute a 12 month Joint Powers Agreement between Scott County and the City of Shakopee for building inspection services. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Wampach moved to direct the appropriate City officials to execute an agreement for building official services with Mr. LeRoy Heitz at a rate of $10.826 per hour for a period of twelve months beginning July 8, 1985. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Wampach moved to direct staff to schedule a City Council meeting for November 6, 1985 at 7:00 p.m. Motion carried unanimously. Leroux/Wampach moved that D. A. Tange be used on an "as needed" basis for the rest of 1985, not to exceed $1,525.00, for Risk Management Ser- vices. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Colligan moved to direct staff to contact the owners of property affected by the deferred special assessments for the V.I.P. Interceptor, advising them of the situation and requesting a response as to their preference in handling the payment of the assessments. Roll Call: Ayes; Reinke, Lebens, Wampach, Colligan, Leroux Noes; None Abstain: Vierling Motion carried. The City Admr. clarified that the adoption of the Capital Improvement Plan just tells staff to take the 1986 projects into the budget plan for discussion, and each will still be approved or defeated on its merits individually. Colligan/Leroux moved to adopt the Capital Improvement Plan for 1986-1990, dated August 29, 1985. Motion carried unanimously. Leroux/Wampach moved to approve the following transfers: 1. Capital Improvement Fund to the 1981 Improvement Fund $5,841.07; 2. Storm Drainage Fund to the 1984 Improvement Fund $55,827.58; 3. Sanitary Sewer Fund to the 1980 Improvement Fund $22,000.00; 4. Sanitary Sewer Fund to 1985 Sewer Debt Service $25,000.00; 5. Capital Equipment Fund to the General Fund $10, 371.37; 6. Revenue Sharing Fund to the General Fund $136, 154.70. Roll Call: Ayes; Unanimous Noes; None Motion carried. Lebens/Vierling moved that bills in the amount of $128,892.17 be allowed and ordered paid. Roll Call: Ayes; Unanimous Noes; None Motion carried. Wampach/Vierling moved to direct staff to write to our State Representa- tives and the Governor opposing the Bloomington Fiscal Disparities exemp- tion for Triple Five Development. Shakopee City Council September 3, 1985 Page 11 Leroux/Vierling moved to amend the motion to add a statement opposing the request for a $150 million replacement fund from sales tax genera- ted by the Mega-Mall project, and opposing the exemption from the State sales tax on construction and construction materials. Motion to amend carried unanimously. Main motion as amended carried unanimously. Leroux/Vierling moved to direct staff to ask the Municipal Caucus to take a formal position against the Triple Five Development's requests regarding fiscal disparities, sales tax replacement and construction sales tax as stated above. Motion carried unanimously. Leroux/Wampach offered Resolution No. 2412, A Resolution Vacating that Part of Shakopee Avenue Herein Described, and moved its adoption. Roll Call: Ayes; Unanimous Noes; None Motion carried. Lebens�Leroux moved to authorize the payment of $95,350.00 to Custom Fire Apparatus, Inc. for the 1985 Fire Pumper. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Lebens moved to adjourn to September 10, 1985 at 7:30 p.m. Motion carried unanimously. Meeting adjourned at 11:55 p.m. Judith S. Cox City Clerk Diane S. Beuch Recording Secretary ,w y OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA SEPTEMBER 10, 1985 Vice-Mayor Vierling called the meeting to order at 7:37 p.m. with Cncl. Wampach, Lebens, Leroux, Colligan present. Mayor Reinke was late. Also present were Gregg Voxland, Finance Director and Jeanne Andre, Community Development Director. John Anderson, City Administrator arrived later. The Vice-Mayor asked if there was anyone present who wished to address the Council on any item not on the agenda, and there was no response. Leroux/Colligan offered Resolution No. 2429, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessment, Project No. 1984-4, Shenandoah Drive Construction, and moved its adoption. Roll Call: Ayes; Leroux, Colligan, Wampach, Reinke, Vierling Noes; Lebens Motion carried. Leroux/Colligan offered Resolution No. 2435, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessment, Project No. 1984-5, Valley Park Drive from Hwy. 101 to 12th Avenue and 12th Avenue from Valley Park Drive to County Road 83, and moved its adoption. Roll Call: Ayes; Leroux, Colligan, Wampach, Reinke, Vierling Noes; Lebens Motion carried. Leroux/Colligan offered Resolution No. 2436, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessment, Project No. 1985-2, Eaglewood Street Rehabilitation, and moved its adoption. Roll Call: Ayes; Leroux, Colligan, Wampach, Reinke, Vierling Noes; Lebens Motion carried. Wampach/Lebens moved to table Item No. 4, Communications, until the Mayor and City Administrator are present. Motion carried unanimously. Cncl. Lebens stated that she had received two calls regarding noise from Richard's Pub. A neighbor claimed that the noise from the disco drums created very bad vibrations and that Richard's Pub seemed even more defiant now that they had reopened after the Council suspension. Cncl. Wampach suggested that the Chief of Police could respond that evening and Cncl. Colligan suggested that they use the City noise decimeter to check the noise against the City's noise ordinance. Cncl. Leroux reminded those present that there was only one officer trained in use of the machine and that eventually more officers should be trained. Councilmembers discussed the renaming of County Road 83. The City Admr. had prepared a memorandum regarding the City of Prior Lake's request for a change in the name the City had selected. Mayor Reinke and City Administrator John Anderson arrived at 7:47 p.m. Shakopee City Council ,f Page Two September 10, 1985 Leroux/Wampach moved to reconsider naming County Road 83. Motion carried unanimously. The City Admr. explained that it would be consistant with Prior Lake's north/ south street naming if the City named County Road 83 Canterbury Road rather than Canterbury Drive as approved at its last meeting. Discussion ensued. Wampach/Leroux moved to rename Canterbury Drive Canterbury Road. Cncl. Vierling indicated that she would like to see a regular policy for Shakopee similar to Prior Lake's. There was some discussion regarding the City's current policy by Cncl. Leroux. Motion carried unanimously. The City Admr. stated he had no communications. Council then discussed the draft housing mortgage revenue bond policy, Res. No. 2431. Leroux/Wampach offered Resolution No. 2431, A Resolution Adopting Policy, Criteria and Procedures for the Review of Housing Revenue Bonds and Mortgage Subsidy Bonds, and moved its adoption with a change to item D 1 on page 3 by deleting "or 103A" and item E 2 on page 4 by deleting the phrase "brick, stucco, or other". After the motion was seconded Mayor Reinke opened the issue up for discussion from the audience. Tim Keane, representing Scottland, Inc. , asked for Council clarification of paragraph B 2 on page 6. He asked if the last sentence in that paragraph required that a final plat be approved before Council would consider a resolution of preliminary approval? After considerable discussion Council decided that the clause did mean that all requirements including final plat must be met prior to adoption of a resolution of preliminary approval. Council made that determination based on past practice and experience, but noted that the resolution establishing the public hearing could proceed and a public hearing could be held, but continued, if the developer and Council were waiting for plat approval or other final information. Roll Call: Ayes; Colligan, Reinke, Vierling, Leroux, Wampach Noes; Lebens Motion carried. Mayor Reinke then introduced the next item which was the application for housing mortgage revenue bonds by Canterbury Apartments I. There was considerable discussion regarding the project and the comments Councilmembers had received since the article in the newspaper was published. Both Councilmem-bers and the applicant agreed that the project had been misunderstood by many to be a low income project. Councilmembers commented regarding the pros and cons of having the apartment driveway exit on 10th Avenue and specifically requested staff to review the advisability of such a driveway outlet. The Mayor opened up discussion from the audience and several apartment house owners from the community spoke listing their concerns as follows: had a marketing analysis been done, did the City itself examine the vacancy rate in the community, did the City look into the financial advisability of the proposed project, would the project aggrevate traffic problems on County Road 17, would a project which received public assistance in the form of industrial development bonds and/or tax increment financing be a benefit to the community, etc. ,.,. Shakopee City Council Page Three September 10, 1985 Councilmembers and the City Admr. noted that, on the advise of the Assistant City Attorney, the City was not investigating and then making any judgments about the financial package involved in any industrial development bond project. The purpose of this was to insure that the City in no way created new liabilities for itself should a project faulter. Council discussion returned to the question regarding the pros and cons of industrial development bonds and tax increment financing for projects such as this. Councilmembers instructed staff to prepare a list of pros and cons for industrial development bonds for this project, noting that the applicant hadn't requested tax increment financing. Tim Keane, representing the applicant Scottland, Inc. , requested that Council look at the specific language in Res. No. 2437 before them to make sure that the amount of the housing mortgage revenue bond request was $3.5 million, noting that earlier copies of the resolution had a different amount. Leroux/Vierling offered Resolution No. 2437, A Resolution Establishing the Date for a Public Hearing on a Proposed Housing Program Pursuant to Minnesota Statutes, Chapter 462C, Authorizing Publication of Notice Therefor, and moved its adoption. Motion carried unanimously. Colligan/Vierling moved to refer the Housing Program to the Metropolitan Council. Motion carried unanimously. The Mayor introduced the next item on the agenda regarding the posting of the police officers at the intersection of Highway 101 and 169 to facilitate traffic flow during the Highway 212 detour. A brief discussion occurred. Wampach/ Vierling moved to continue assigning police officers to the intersection on Wednesdays, Thursdays and Fridays until the detour ended. Motion carried unanimously. The City Admr. introduced the next item on the agenda regarding Federal Aid Urban funding allotments for the City of Shakopee. He indicated that the memorandum on the table outlined the City's current accumulated allotment and the fact that the City was being penalized $36,000 for not having expended some of its Federal Aid Urban (FAU) monies or at least notifying Mn/DOT that the monies were earmarked for a specific project. The City Admr. pointed out the Official Federal Aid Urban Map posted on the bulletin board which outlined all streets in Shakopee designated FAU streets. The Council discussed alternative projects that might be designated as FAU streets. Cncl. Leroux indicated that he did not favor designating Market Street as the FAU street for which the City was planning expenditures. He felt that Market Street was not an appropriate street for FAU designation because it did not have a good alignment at 10th Avenue and did not extend south of 11th Avenue. After additional discussion Leroux/Wampach moved to write to Mn/DOT to indicate that the City was and has been reserving its Federal Aid Urban allotment for the 4th Avenue project from Filmore to Scott Street which was scheduled for 1985-86 construction and had a total cost of $500,000. Motion carried unanimously. The City Admr. then introduced the proposed contract amendment No. 4 with Barton Aschman Associates Inc. for engineering inspection services on the 4th Avenue Project No. 1985-1. Councilmembers asked several questions regarding the consultants computation of the fees to be charged to City. The City Admr. stated that he was not familiar with some of the terms used by the consultant and their specific meaning and, therefore, recommended that the item be tabled. Additional questions by Councilmembers were introduced regarding some of the terminology. Shakopee City Council Page Four September 10, 1985 Wampach/Vierling moved to table the item. Motion carried unanimously. Two additional motions were made regarding traffic related issues. Vierling/Wampach moved to asked the County to again study the traffic safety needs at the intersection of 4th Avenue and County Road 16 with Marschall Road. Motion carried unanimously. The City Admr. indicated that he would send a letter to the County forwarding Council's request. Leroux/Vierling moved to direct the Police Department to conduct a analysis of overall traffic improvement requirements needed by the City as a result of the additional traffic created by Canterbury Downs. Motion carried unanimously. The Mayor then directed Council's attention to the budget worksession information. The Finance Director reviewed the supplemental budget information provided in his memo of September 4, 1985. It was decided that Council would go item by item to indicate whether the proposed change should be included or excluded from the draft 1986 budget. After Council had reviewed items 1 through 10 indicating their preference for including or excluding each item in the proposed budget, Council looked at a second list of proposed revenue and expenditure options for the draft budget. The Finance Director indicated that the items with the X behind them were recommended changes by staff and would create a net effect of an $80,000 reduction in the budget as presented at the last worksession which was approximately 1 mil. Council then went item by item through the revenue and expenditure options indicating their preference. There being no clear consensus by Council on proposed personnel staffing increases listed under the expenditure options, the City Admr. suggested that the dollars assigned to each of the personnel requests be lumped together under contingencies in the proposed budget and that City Council obtain a consultant to do an overall staffing analysis for the City. The City Admr. stated that comments made by Council when discussing the need for an Economic Development Director additional police officers, additional Public Works staff, and other staff Positions seemed to indicate that a staffing study would be useful in helping Council make staff decisions. He indicated there was no consensus on a standard of measure that Council could easily apply to the various requests that would allow a consistant judgment on Council's part to either support or reject each staffing request. Leroux/Wampach to direct the appropriate City officials to prepare an RFP for the hiring of a consultant to analyze City staffing needs. The City Admr. indicated that if the study could get underway in 1985 most of the expense would be attributed to the 1985 budget thus avoiding increases in the 1986 budget for this item. Motion carried unanimously. The City Admr. said he had two informational items which he explained to City Council and a request from Zylstra-United, the City's franchise cable company, for a worksession on September 24, 1985. After some discussion, the consensus of City Council was to schedule a worksession for September 24, 1985. Shakopee City Council Page Five September 10, 1985 Leroux/Lebens moved to adjourn to 7:00 p.m. September 17, 1985. Motion carried unanimously. Meeting adjourned at 11:47 p.m. Judith S. Cox City Clerk John K. Anderson Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA SEPTEMBER 17, 1985 Vice Mayor Vierling called the meeting to order at 7:00 with Cncl. Lebens, Leroux, Colligan and Wampach present. Mayor Reinke arrived later. Also present were John K. Anderson, City Admr. ; Judith S. Cox, City Clerk and Julius A. Coller, II, City Attorney. Liaison reports were given by Councilmembers. Vice Mayor Vierling asked if there was anyone present in the audience who wished to address the Council on any item not on the agenda. Bev Koehnen, 2036 CR83, reminded the Councilmembers that she and her daughter came to the Council last year requesting help with the problems they were having with hunters on and near her property. At that time a committee was appointed consisting of Cncl. Colligan, Chief Brownell and any interested hunters who were to attempt to police themselves. She doesn't know what happened as far as meetings, but the problems have not been solved. She brought with her shell casings found in the mowed part of her lawn. Ms. Koehnen said the plan devised did not work, and it was time to try something else. She suggested the alternatives of either granting her request to move the boundaries where hunting is allowed to keep her pro- perty out of it; eliminate hunting altogether or add to the police budget so greater numbers of police are available to answer her calls. Cncl. Colligan stated that one meeting took place with the Chief and only a small number of hunters. He would suggest referring this request back to the Police Chief for his suggestions. Ms. Koehnen said she has talked to the Police Chiefs of Shakopee and Savage, and they both said they can't handle hunting violations satisfactorily. Mayor Reinke arrived and took his seat at 7:11 p.m. Leroux/Wampach moved to send a letter to the people who were present at the City Council meeting regarding changing hunting regulations stating the continuing problem and suggested alternatives, and have staff report back. Motion carried unanimously. The gavel was passed to Mayor Reinke. Lebens/Vierling moved to refer to staff the petition for removal of a junkyard near Hwy. 101 & 13th Ave. , directing staff to properly research the issue and report back with alternatives. Mayor Reinke asked if there was anyone present who wished to comment on this item. Shakopee City Council September 17, 1985 Page 2 Y a June Gilbert, 9100 13th Avenue East, stated they are having a lot of problems with the junkyard--with noise, traffic and appearance, and they just feel it is a very undesirable piece of property. Roger Mattson, 12451 Independence, reported that in the last 12 years, especially late at night, there are cars that come and park at the end of the road and enter the junkyard to strip parts off these junked cars. This causes quite a disturbance with dogs barking, police coming out and miscellaneous parts being left all over. He added the fence isn't proper. He has complained to the owner, but it hasn't done any good. He is also concerned with the health hazard with all that oil dripping on the ground. He stated they all have very shallow wells in that area-- his is only 50 feet deep. The location of the junk yard was pointed out on the map and Bob Stewart identified as the owner. Motion carried unanimously. The City Admr. informed the audience the petitioners would be notified when this is back on the agenda. The City Admr, went over the background of the petition by Kenneth Theis for sewer and water hook-up at the property located at 1257 Marschall Road. He explained that Mr. Theis' real interest is in moving forward with the sewer hook-up. From the feasibility study, the estimated total cost of the sewer project was $19,415. for the assessable project. How- ever the engineer found the project not feasible. Mr. Theis has indi- cated he would pay for the sewer project assessments in order to get them in soon. Some discussion followed. Leroux/Lebens moved to receive the petition for sewer and water hook-up from Kenneth Theis, and refer it to staff for proper follow-up. Motion carried unanimously. Marge Henderson, Chairman, Board of Trustees of Minnesota Valley Restora- tion Project, Inc. , passed out a budget for Murphy's Landing and addressed the Council relative to its financial status. She stated they have worked this entire year without subsidy, other than the income from the County and the Stans Foundation. They have retired $51,000 in debt from last year. They have added the boat rides and are planning to take over the operation of the restaurant which earned $60,000 last year. They added a print shop, pottery shop and a Sioux pow-wow. They believe they are an asset to the City. However, they are in the hole now owing about $18,000 in small bills. They feel they must keep their educational nature strong, but feel they can go more commercial in certain more appropriate Darts of the site. She explained in further detail some of the figures on the budget and how things have changed in various areas in the last year. They are requesting financial help from the City, with the hope this will be the last year they will need to seek it. Leroux/Vierling moved to direct staff to meet with representatives of Murphy's Landing to work out some sort of financial help to Murphy's Land- ing for this year. Staff is to investigate any restrictions on the City's use of levied money for this purpose. Motion carried unanimously. Shakopee City Council September 17, 1985 Page 3 Bob Frigaard, of Orr-Schelen-Mayeron & Assoc. , Inc. , explained that be- cause of the unknown amount of work involved in the Holmes Street Basin sotrm sewer project, they are requesting the work be done on an hourly basis at their normal billing rate. After the project is ordered and the scope is outlined, a specific agreement can be entered into. He added there is about $3,000 worth of work on the books now, and he would estimate another $1,000 would be necessary. Some discussion and clari- fication followed. Leroux/Wampach moved to authorize Orr-Schelen-Mayeron & Assoc. , Inc. to undertake the engineering staff work necessary for the Holmes Street Basin storm sewer project up to the point of the public hearing, said work to be done at their normal hourly rate under the existing contract. Roll Call: Ayes; Reinke, Leroux, Wampach, Vierling, Colligan Noes; Lebens Motion carried. Wampach/Colligan moved to authorize Orr-Schelen-Mayeron & Assoc. , Inc. to furnish construction staking for the Eaglewood Street Reconstruction Pro- ject on an hourly basis at their normal billing rate. Roll Call: Ayes; Unanimous Noes; None Motion carried. Considerable discussion ensued regarding the submittal by Barton-Aschman for project inspection services for the 4th Avenue Reconstruction Project, regarding line items of clerical, administration and benefits. Ray Ruuska, Engineering Coordinator, explained that some of the entries break down a technician's time into different aspects of his responsibilities. Colligan/Leroux moved to authorize proper City officials to execute Contract Amendment No. 4 with Barton-Aschman Associates, Inc. , in the amount of $16,792.70 for 4th Avenue Reconstruction, Project No. 1985-1, S.A.P. No. 166-108-01, for inspection services. Roll Call: Ayes; Vierling, Colligan, Reinke, Wampach, Leroux Noes; Lebens Motion carried. Leroux/Wampach moved to open the public hearing regarding the application for $850,000 IR Bonds by Scottland, Inc. for office/warehouse. Motion carried unanimously. The City Admr, reported the applicant has 21% equity in the project. Tim Keane, Scottland, Inc. , clarified that only the land and building can be included in the bond application, but the soft costs can be in- cluded in the calculation for owner equity. This application would be contingent upon plat approval. He clarified that the building is being built on an existing platted lot. The subdivision of-.the land is for the creation of additional lots,- so there would be no change in the value of this lot. Further discussion followed. Mayor Reinke asked if there were any comments from the audience. Mr. Keane added the building will be similar to Mr. O'Neill's structures on CR83, but with a great deal more glass. This will be the first expo- sure to the industrial park, and they plan to do an exceptional job on it. Shakopee City Council September 17, 1985 Page 4 Leroux/Vierling moved to close the public hearing. Motion carried unanimously. Leroux/Wampach moved to direct staff to prepare the resolution giving preliminary approval when the final plat of Canterbury Park lst Addi- tion is approved. Motion carried unanimously. The City Attorney explained the request by Bev Koehnen to have the City cease maintenance of the alley adjacent to the property she owns behind Aamco Transmission. He explained that he is having some problems with the description of the property and designation of the alley. Ms. Koehnen said there was an appraisal in 1979, with a survey attached. Cncl. Leroux stated the Aamco building was given a variance based on the fact that there was no alley in that block. Ms. Koehnen said she wants it clear that there is no alley. She said the property was recently put back on the market and it looks like there is an alley because of the maintenance by the City. She has no problem with the location of the utilities, as a new owner can deal with them. Mayor Reinke requested Ms. Koehnen to get to the City Attorney any per- tinent information so he can proceed with the search to determine if the City has any rights to an alley in that block. Leroux/Colligan moved to authorize proper City officials to execute Change Order No. 7 for Valley Park Drive and 12th Avenue 1984-5 increasing the contract amount by $300.24 to $776.441.94. Roll Call: Ayes; Vierling, Leroux, Wampach, Colligan, Reinke Noes; Lebens Motion carried. Leroux/Colligan moved to authorize payment of Semi-Final Estimate No. 8 for Valley Park Drive and 12th Avenue, Project No. 1984-5, in the amount of $7,810.98 to Richard Knutson, Inc. , 201 Travelers Trail, Burnsville, Minnesota 55337. Roll Call: Ayes; Reinke, Colligan, Vierling, Wampach, Leroux Noes; Lebens Motion carried. Leroux/Colligan moved to authorize payment of Semi-Final Estimate No. 7 for Shenandoah Drive Street Construction. 1984-4 in the amount of $13,604.23 to Buesing Bros. Trucking, Inc. , 2285 Daniels Street, Long Lake, Minnesota 55356. Roll Call: Ayes; Vierling, Leroux, Reinke, Wampach, Colligan Noes; Lebens Motion carried. The Engineering Coordinator explained that the amount of granular borrow needed for the Eaglewood Street Rehabilitation has tripled. He explained they originally thought some of the high ground could be salvaged for the subgrade, but they can't use any of it. He explained in more detail various items of the project. �naicopee UI Ly UUU11L l-- September 17, 1985 r� Page 5 l/ Wampach/Vierling moved to authorize payment of Partial Estimate No. 1, (with Changer Order No. 1 in the amount of $17,200) for Eaglewood Street Rehabilitation 1985-21 in the amount of $42,710.51, to S. M. Hentges & Sons, Inc. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Admr. gave an overview of the problems created by the new Fair Labor Standards Act relative to employee use of comp time for normal illness of dependent children. He presented several alternatives to be considered. Considerable discussion ensued regarding the proper use of employee sick time, possible inequities between employees with or without children, and possibilities for abuse. The City Admr. reported that an earlier analysis of employee use of sick time back through a number of years revealed no evidence of abuse of sick time. He pointed out that a long illness of one or two employees can distort the average substantially. Vierling/Leroux moved to amend the current Personnel Policy by adding a sentence stating .that the three days of sick leave per year that can be presently used for death or serious illness would be available for ill- ness of dependent children. Motion carried with Cncl. Colligan and Mayor Reinke opposed. Colligan/Vierling moved that bills in the amount of $451,433.60 be allowed and ordered paid. Roll Call: Ayes; Wampach, Vierling, Reinke, Leroux, Colligan Noes; Lebens. Motion carried. Discussion followed regarding the Finance Director's proposed changes in the recommended 1986 budget suggesting Council consider one at a time. The Finance Director stated the parking ticket fines are set by Court. Mayor Reinke commented that because of the additional revenue from the. racetrack, he is looking at this budget as actually being one with about a 2 mill increase in General Fund Revenue. The City Admr. said the racetrack ticket tax has gone towards a $30,000 police officer position, new fire truck and City-wide clean-up effort. He cautioned against getting too rigid in channeling that money strictly to racetrack expenses. More discussion took place regarding various changes listed in the Finance Director's memo. Consensus was to have staff draft an article for the newspaper explaining the reasons for the 1.3 mill levy increase and how the racetrack ticket tax has been used. This draftwas to be sent out to Councilmembers who are to notify the City Admr, if they have any problems with it, so it can be printed next week. Mayor Reinke requested further research into the pros and cons of taking the public works street foreman and park leadman out of the union, with the information being supplied to the people affected. The City Admr. stated that both Council and affected employees would see the numbers before any implementation. Discussion ensued regarding property owners' response to their preference on handling the VIP deferred assessments. No clear consensus was given by the property owners, and the City Attorney stated the assessments have to be all handled in the same manner. bnahopee city Uouncil September 17, 1985 Page 6 Leroux/Wampach moved to maintain the established schedule for the deferred VIP assessments. Motion carried with Cncl. Vierling abstaining. Cncl. Vierling requested survey and repair of the really bad sidewalks downtown. The City Admr. responded that when there is a safety hazard, the City can require repair of sidewalks. The dilemma is that at this time it appears there will be sidewalk/streetscape changes in the down- town area within 3-4 years. Cncl. Vierling mentioned the areas she thought were especially bad. Consensus was to look at all the sidewalks on the south side of First Avenue and report back. Cncl. Leroux initiated discussion regarding the role of the Councilmember as liaison to various committees and boards. The main concern was whether or not it is proper for the liaison to vote. The City Attorney stated that normally a liaison is ex officio, who can take part in the discussion, but not vote. The exceptions of Community Services Board and the Downtown Committee were mentioned and reviewed. The City Admr. will draft a memo covering the liaison role and suggest a re-drafting of the Downtown Committee organizational structure to replace the voting Councilmember with a non-voting ex-officio member. Wampach/Leroux moved to accept the resignation of Randy Gorman from the Shakopee Public Utilities Commission. Motion carried unanimously. Leroux/Colligan moved to nominate Jim Kephart for the Shakopee Public Utilities Commission. Motion carried unanimously. Wampach/Lebens moved to nominate Wally Bishop for the Shakopee Public Utilities Commission. Motion carried unanimously. The Engineering Coordinator explained that Westwood Planning is the project engineer for both the 2nd Avenue parking lot and that segment of the storm sewer that lies below the parking lot. Leroux/Vierling moved to authorize consulting services with Westwood Planning and Engineering for surveying, staking and inspection assistance for Proiect No. 1985-4 Second Ave. parking lot, not to exceed $8,000.00. Roll Call: Ayes; Colligan, Leroux, Reinke, Vierling, Wampach Noes; Lebens Motion carried. The City Admr. explained the complicated background for the necessary revision proposed for the assessments for Shenandoah Drive construction. He said the proper homework just wasn't done the first time. Cncl. Leroux suggested going back over the tapes and minutes of the public hearing for the original assessments to determine what commitments the City made. Staff will determine what the maximum alternative assess- ment might be, send notices to those affected and set a public hearing date. Cncl. Wampach requested stricter enforcement of the law about traffic not blocking the intersections on First Avenue. Shakopee City Council September 17, 1985 �] Page 7 l The City Admr. reported the screening process for a new City Engineer has narrowed the applicants down to 10. He explained a supplementary written test procedure which can be given to applicants in addition to the interview, at a cost of $250 per candidate. He would suggest it be administered to the final 4 or 5 candidates. Leroux/Wampach moved to authorize supplementary testing of up to 5 can- didates for the position of City Engineer, at a cost of $250 each. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Colligan moved to adjourn to September 24, 1985 at 7:30 p.m. Motion carried unanimously. Meeting adjourned at 10:46 p.m. Judith S. Cox City Clerk Diane S. Beuch Recording Secretary September 18, 1985 Honorable Mayor Eldon Reinke Honorable CoLncilpersons City of Shakopee 129 East First Avenue Shakopee, Mn 55379 Dear Mayor and Councilpersons: On behalf of the Industrial Commerce Commission, may I express our appreciation for your attendance and allowing a very productive day relating to economic development of our community. Sincere thanks is extended to all city staff participating, especially John Anderson, Jeanne Andre, Jeanette Shaner, Darlene Schesso, Berry Stock, and members of all other coami.ssions. We feel that ICC Industrial and Commercial Day was a success because of the number attending, the accomplishment of setting up the video presentation, setting up the computerized land ID system, distribu- tion of an attractive brochure, and a high degree of pride for all already part of our comum;ty. We heard many favorable comments - hopefully these comments will result in favorable committments to our commmzity. We will make a formal report to you after our next meeting. Sincerely, pa4-�— Paul W. Wesmerskirchen Orman, ICC PWW/cd September 12, 1985 �Tof Sister Agnes Otting Ilse Welter St. Francis Hospital Administrator ` y 435 West 4th. Avenue --- Shakopee, MN 55379 cc: Mr. Aldon Reinke Mayor, City of Shakopee This is to formalize my verbal complaint to you on Sunday, September 1st. , 1985. On Saturday, August 31 , about 7:00 P.M. , a helicopter bound for St. Francis Hospital came low over my house, and landed in the hospital parking lot adjacent to my property. It came so low that it generated a tremendous wind, or exhaust, which tore the storm door off the entrance to the lower level apartment of the house. In addition, it damaged part of my yard and garden. I was not home at the time, but the sudden noise and damage terrified the people who were in the apartment. They had no idea what was happening, since you had not given any prior notice that the parking lot was going to be used to land helicopters. I would like to make the following points for consideration: o There was no prior notification to adjacent homeowners that the parking lot was going to be used as a heliport. Certainly, the hospital must have had some sort of planning and should have notified adjacent homeowners of that planning. o The helicopter must have been too close to my house to have done so much damage (tearing off a storm door in the lower level, damaging raspberry bushes, etc. ). o The helicopter should have landed straight down on the parking lot, not skimmed over my house prior to landing; the pilot probably violated safety regulations. o Any continued use of the parking lot as a heliport poses a definite safety hazard, and will certainly devaluate my property. o What would have happened to any small curious children, or adults, for that matter, if they had been out in the yard when the helicopter went over so close. There could have been serious injury caused by flying glass, debris, rocks, etc. o Where would the helicopter ,have landed if an incident similar to the power failure at St. Paul Ramsey had occurred in the middle of our residential area? o In addition to the safety hazard, there is also the noise factor that would de— valuate my property. People would be reluctant or afraid to use their yards, or to be outside. I urgently request that you immediately cease and desist from any further helicopter ac— tivity in the parking lot. I appreciate your need for rapid transportation of patients, but a small parking lot, with immediately adjacent homes is not suitable, and possibly not legal, for helicopters. Hopefully, you can find a more open area close enough to the hospital that would be suitable. Please advise me of what actions you are going to take in this matter. Sincerely, HE 1 ^Y C � o o Q ST. FRANCIS (612) 445-2322 REGIONAL MEDICAL CENTER 325 West Fifth Avenue, Shakopee, Minnesota 55379 September 25, 1985 Mrs. Ilse Welter 435 West Fourth Avenue Shakopee, MN 55379 Dear Mrs. Welter: This letter is in response to your written complaint addressed to Sr. Agnes Otting, dated September 12 , 1985. Since I am administratively responsible for Inpatient Services and the Emergency Medical Services, Sister Agnes asked that I respond to the issues of concern which you raised. First of all I would like to apologize that someone from the hospital did not communicate with you about the possibility of a helicopter landing on the parking lot adjacent to your property. Several months ago when helicopter service became available to communities such as Shakopee, we felt it would be extremely rare that a helicopter would be used in our area because of our reasonably close proximity to the Twin Cities and the fact that we operate our own ambulance service. In fact, however, in the last four to six months 3 helicopter transfers have occurred from St. Francis. As I know you are aware, the hospital ' s first responsibility is to safe, effective and expedient care to any patient who comes to us. The medical condition of the patient and the distance of the transport are the primary considerations for the deter- mination for the mode of transfer. Additional issues that come into play and are considered in any given situation are weather conditions and traffic conditions. Traffic conditions were a significant contributing factor in determining that a helicopter transfer was the best option in one and possibly two of the three transfers that we have experienced to date. Again, two factors contributed to the traffic consideration. The first consideration was the heavy local recreational traffic which considerably slowed down progress out of the area. The second consideration was the current situation of the major Twin City freeways under construction and the long delays that have been experienced in many areas. Obviously these two traffic conditions will not be major factors in our decision for proper mode of transport the majority of the time. Mrs. Ilse Welter September 26, 1985 Page Two I would like to clarify some of the issues you raised in your letter. Steve Durst, of BMRA/Life One Minnesota, informs me that it is a common misunderstanding that a helicopter can land in a straight down path. The aircraft must have an approach to the landing area and furthermore the approach must be as any other aircraft, into the wind. Therefore, on any given date the approach pattern of a helicopter may vary depending on the wind direction. The approach patterns required and the actual landing of the vehicle on a parking lot or other area operated by the Hospital meets legal requirements expected of the helicopter service. Efforts to minimize as much as possible the safety issues that you raised are part of the landing protocols of the helicopter service. First of all the pilot, in flight, communicates by radio to the St. Francis Ambulance Service about their location and expected time of arrival. In many situations the helicopter service asks for local police involvement in the area for possible crowd control, information about debris which may be in the area, or any other issues pertinent to the landing. Once the helicopter arrives at the scene of the landing the pilot reviews the landing area before he puts the aircraft down on the ground. Things they would look for would be people that would be in close proximity, they would look for any sign of children playing etc.. They have a public address system on the aircraft and could verbally speak to people on the ground to expedite a safe landing. You raised a question of landing a helicopter in a situation such as the power failure at St. Paul Ramsey. This would be a factor considered at the time that mode of transport is deter- mined and most likely in a situation such as this the heli- copter would not be utilized. The issues of noise and wind velocity in the immediate area of a helicopter landing site are real issues and ones which cannot be changed. The only alternatives the hospital has for landing sites close to the hospital are the parking lot next to your property, the parking lot between the hospital and the Court House or pos- sibly one of the intersections on the street. The vehicle requires a ckear, one hundred foot radius with some potential for approach to that area. Obviously, power lines, telephone lines, trees and all immovable objects are a major considera- I' Mrs. Ilse Walters Sf September 26, 1985 Page Three tion. A street intersection we feel is not a viable option because of the obvious safety factors involved. The parking lot that the hospital shares with the Scott County Court House is potentially a viable option especially for evenings and weekends. During weekdays this parking lot could not be used because it is so heavily involved with cars that there would not be space available and contacting persons to move cars would be virtually impossible. This leaves us with the parking lot adjacent to your property as our most viable, safe landing site for the majority of situations. I will work with the ambulance staff at St. Francis regarding consideration of both parking lots in any given situation but the actual landing site determined will have to depend in each situation after evaluation of all of the variables I have mentioned. It is expected that St. Francis would utilize helicopter transport service no more than approximately 2-4 times within any given full year. However, experience will tell us more than we can possibly project on paper. I have discussed these issues with Police Chief Brownell, who has assured me that the Shakopee Police Department will provide assistance to us whenever possible at times that a helicopter is utilized for a medical transfer from the City. On behalf of the hospital I wish to express regret that you suffered damage to your property as a result of one of the landings. The helicopter service assures me that this type of damage is highly unusual. Steve Durst informs me that his people were very aware of the problem at the time of the incident and that he was contacted and talked with you by phone within an hour of the actual incident. He informs me that he requested you to bill his ambulance service for any repairs that had to be done. As you know, St. Francis intervened in the meantime and had repairs done by the hospital maintenance people. If you have future concerns please feel free to contact me. Sincerely, 114. S Dorolyn M. Sohner Vice President of Patient Services cc: Eldon Reinke, Mayor Sr. Agnes Otting, President & CEO DMS:hme - action alert fill league of minnesota cities September 19 , 1985 To: Mayors , Managers , and Clerks From: Joel Jamnik, Legislative Counsel Re: Possible Congressional Action to Regulate Storm Water Discharges Recent developments regarding the wastewater treatment construction grant program and the charging of fees for pollution permits have been subjects of prior Action Alerts . I would like to thank you for your concern and prompt responses to these past action alerts . I also sincerely wish I did not have to send the following action alert to you, but once again we are faced with a proposal that could severely impact Minnesota' s cities . As bizarre as it may sound , the following is actually under consideration. The Clean Water Act of 1972 requires the Federal Environmental Protection Agency to issue a permit and control pollution levels entering the waters of the United States from every manmade discharge point. So far, the EPA has concentrated on the the big pollution proems , which include municipal sewage systems and waste water generated by industrial processes. Now, in response to a federal court ruling, EPA has said it will require storm water collection systems to obtain a permit similar to those issued to waste treatment facilities and major industrial plants , even though by EPA' s own estimate the overwhelming majority of storm systems are relatively a minor pollution concern and deserve low priority attention. Given the limited resources available for water pollution cleanup and the enormous number of separate storm water permits required, doggedly pursuing a policy of requiring permit applications and issuing cleanup requirements for storm water discharges threatens to make a mockery of the Clean Water Act itself . 1 80 university avenue east, st. Paul, minnesota 551 01 (61 2) 227-5600 C U V EPA estimates that there are more than one million separate storm water discharge points within the country' s 366 major urban areas . EPA has given municipal agencies two years to complete a complex and expensive permit application for each discharge point which includes detailed sampling and laboratory test procedures . The cost of merely completing the applications easily could exceed $8 .5 billion; or $1 billion more than the Federal Government plans to contribute to water pollution treatment facilities construction over the next three years . The enormity of the problem for cities across the nation strains credibility. Kansas City, Missouri ' s , waste treatment system requires just 12 permits , and annual monitoring costs $160,000. The city estimates it will need to apply for 20 ,000 storm water permits , at a cost of more than $90 million) The cost impact will vary for each of Minnesota' s cities , depending on how many identifiable storm sewer discharge points there are in the community. The Minnesota Pollution Control Agency would issue the permits. There is the possibility of issuing one or several permits to cover all the cities in the state , as well as modifying the proposal to mitigate the consequences of requiring permits but no League staff member is confident that the EPA regulations can be written to ensure that Minnesota' s cities will not be faced with another expensive federal regulatory system. Cities should also know that the issuance of regulatory permits is the first step to requiring "best management practices" or treatment of storm water discharges to eliminate any possible pollution. Cities contemplating separation of their storm and sanitary sewer systems may want to ask their Congressmen whether the systems should be separated or whether the city should seek federal funds to increase their treatment facility so that all storm water can be treated . I know it is difficult to take such an absurd proposal seriously. Many potentially affected parties whom I have talked to have thought the proposal totally insane and were amused to think. that Congress might actually do something so damaging to the goals of the Clean Water Act . I am afraid, however , that unless city officials speak up, and loudly, that there is a very real possibility that Congress will allow the permitting to begin. It seems clear to League staff that the best solution to this problem is to admit that the proposal to permit, regulate, monitor and/or treat storm sewer discharges is not feasible at this time. The costs and difficulties of applying the permit process to intermittent storm water discharges are only now coming into focus . Congress must be requested to act to ensure that the letter of th,! Clean Water Act does not overwhelm the spirit of the law -- to clean up the waters of the United States effectively, efficiently and in a manner which addresses the highest priority pollution control needs first . . . r What City Officials Should Do Congress is currently completing work on a revision of the Clean Water Act . House and Senate members are meeting in Conference Committee to put the finishing touches on a bill . Minnesota is lucky to have three members of our Congressional delegation on the Conference Committee: Senator Dave Durenberger, Representative James Oberstar , and Representative Arlan Stangeland. Call or write Senator Durenberger and Representatives Oberstar and Stangeland and ask them to suspend the permit requirements for separate �1 municipal storm sewers pending a better understanding of the task , the LSV ti need and the best approaches to controlling the storm water discharges v that need to be controlled. It makes little sense to start taking money out of the pockets of city residents if we don't know the extent of the problem or its solution. City officials should also ask that our Conferees continue to push hard for Minnesota's fair share of waste water treatment construction grant funds. There is a proposal to change the allocation formula which would result in Minnesota losing millions of dollars in grant funds to other states. Addresses and phone numbers of our Conferees are: Senator Dave Durenberger 353 Russell Senate Office Building Washington, D.C . 20510 202-224-3244 Representative Arlan Stangeland 1519 Longworth Office Building Washington, D.C. 20515 202-225-2165 Representative James Oberstar 2351 Rayburn Office Building Washington, D .C . 20515 202-225-6211 O� TR (:L `. 0A -A' 0�T Dear Friend, After more than 250 days as Chairman of the House Tax Committee it is time for a job evaluation. My goals last January were quite basic: 1) Pass a one billion dollar tax cut package with individual income tax reductions as the top priority;2)simplify both property and income taxes; 3) demonstrate that Minnesota taxing and spending policies would be different as a result of the Independent-Republican control of the House and 4) be a fair, even handed chairman allowing full discussion of policy issues. Were these goals accomplished? Yes, to a large degree. First and foremost, Minnesota taxpayers know that state spending would have been more and the tax cut less if the IR's had not been in control of the House. The billion dollar tax cut was essentially achieved and simplification of the individual income tax did occur. However, our work is not finished. During the next four months the House Tax Committee will undertake an ambitious agenda to further examine Minnesota tax policies. I will be appointing four task forces comprised of tax committee members to examine and evaluate our tax structure as it relates to insurance, minerals, timber, fiscal disparities and tax increment financing. These task forces will compliment the Local Government Finance Study Commission's work on property tax simplification. In order to achieve our goals of more tax reduction and simplification it is mandatory to maintain an IR majority in the House and also to re-elect the IR Chairman of the Tax Committee. My Campaign Committee informs me that it takes more than a fair, even handed chairman who accomplishes his goals to win re-election— it also takes money. Therefore, they are hosting a cocktail reception in my honor Thursday,October 17, 1985. Thank you in advance for your generous support. I, along with. Speaker Jennings and Majority Leader Levi look forward to visiting with you at that time. Sincerely, Bill Schreiber Not Printed at Government Expense er\NuES0r4 Minnesota a Department of Transportation District 5 2055 No. Lilac Drive OF 7RA Golden Valley, Minnesota 55422 (612) 593-8543 September 25, 1985 Mr. John Anderson, Manager City of Shakopee 129 First Avenue East Shakopee, MN 55379 Dear Mr. Anderson: I received your inquiry about walk times on T.H. 101 at Lewis Street and Holmes. I feel the times that were set were adequate as the walks at Lewis Street were increased late last year. However, due to your concern, the WALK times at Lewis Street were increased from 7 seconds to 10 seconds. (The flashing DONT WALK was left at 17 seconds. ) Vehicle passage times were also modified to provide better access from Lewis Street. Also, the flashing DONT WALK at Holmes was increased to 17 seconds. The main problems at these intersections are the congestion and the lack of driver courtesy towards the pedestrian. Unfortunately, extend- ing the cross-street walk times tends to aggrevate both of these prob- lems . If the increases don't give the benefits you anticipated, per- haps increased enforcement would help. If you have further questions, please call our office. Sincerely, 0" , Charles Hudrlik District Signal Engineer CJH:pn An Equal Opportunity Employer ' ® 1 Oil__ fipyk0__IPIE1E_ INCORPORATED 1870 ENGINEERING DEPARTMENT 129 E. 1st Avenue - Shakopee, Minnesota 55379-1376 (612) 445-3650 MEMO TO: John K. Anderson, City Administrator FROM: Stephen Hurley, Engineering Technician SUBJECT: Eaglewood Assessments DATE: September 27, 1985 INTRODUCTION: A Resolution is needed adopting assessments for roadway improve- ments in Eag1ewood ist, end, & 3rd Additions. BACKGROUND: Thirty-eight (38) lots will pay $1, 354. 19 each for a total assessment of $519459. 23. This is based on a 2O% assessment of the estimated total project cost of $257, 297. 00 as docu- mented in the City of Shakopee Feasibility Report dated March of 1985. The per lot assessment is slightly less than the $1, 390. 79 as stated in the Feasibility Report where 37 lots were used to calculate the per lot assessments instead of the correct 38. Attached is the assessment role for the project. ACTION REQUESTED: Adopt Resolution No. 2452, A Resolution Adopting Assessments for the Improvement of Roadway Serving Lots of Record in Eagle--- wood 1st, end, and 3rd Additions and Certain Unplatted Property in Section 31 and Section 32, Township 115, Range 22, Scott County, Minnesota. SH/pmp MEM2452 r RESOLUTION NO. `452 A Resolution Adapting Assessments for, the Improvement of Roadway Serving Lots of Record in Eag 1 ewood 1st, 2nd, and 3rd Additions Arid Certain Unplatted Property in Section 31 and Section 32, Township 115, Range ;mac, Scott County, Minnesota Project No. 1585-2 WHEREAS, purusant to proper notice du1y given as required by law, the City Council of the City of Shakopee met and heard and passed up ,n all objections ions to the Proposed assessments of Eag lewood Street Rehabilitation by Roadway Reconstruction NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That such proposed assessment together with any amendments thereof, a copy of which is attached hereto and rnade a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be benefitted by the proposed imprcnve- merits in the amount of the assessments levied against it. 8. Such assessments shall be payable in equal annual install- ments extending aver a period of ten ( 10) years, the first install- ment to be payable on or, before the first Monday in January, 1886, and shall bear interest at the rate of 9. 75 percent pet, annum from the date of the adoption Of this assessment resOlutir To the first installment shall be added the interest on the entire assesssment from the date of this resolutij_�n until December 31, 1586, and to each subsequent installment when due shall be added the interest for one year on a 1 1 unpaid i nst a 1 1 ment s. 3. The owner of any property '0 assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whale of the assessment on such proper-ty, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days frorni the adoption of this resolution; he iaay thereafter, pay to the County Treasurer the installment and interest in process of collection on the current tax list, and he may pay the remaining principal balance of the assessment to the City Treasurer. 4. The Clerk shall file the assessment rolls pertaining to this assessment in his office and shall certify arinUally to the County Auditor on or before October 10th of each year the total amount of installments and interest which are to become due in the following year on the assessment n each parcel of land included in the assessment roll. I 1 Adopted ire session of the City CcIi_irici 1 of the City of Shakopee, Minnesota, held this day c,f 19 _ Mayor, of the City -_-f Shakopee ATTEST: City Clerk. Approved as to form this day of , 19 City Attorney 1985 ASSESSMENTS FOR SPECIAL IMPROVEMENT DISTRICT 1985-2 Improvement of Roadway Serving Lots of Record in Eaglewood 1st, End, and 3rd Additions and Certain Unplatted Property in Section 31 and Section 32Township, T_wr,�hip 11,.,5 , Range cc, Scott County, Minnesota Prepared: 9/27/85 Page 1 -------------------------- ----------------------- OWNER I DESCRIPTION IASSESSMENTIASSESSMENTI TOTAL I I I UNITS I I I ---------------------- I I stad Development Company 127-050004-0 I I I t -loyd Gunderson ILot 47 Blk. 1 I LOT 1 $1, 354. 19 1 $1, 354. 19 1 _cte 5, Heathridge I Eag lewood i I I 1 -t h f i e l d, MN 55057 1 I 1 1 I ---------------------------- ------- I I ,ald & Sharon K. Ramsey 127-050005-0 1 1 1 i til Eaglewood Circle ILot 5, Blk. 1 1 LOT 1 $1, 354. 19 1 $1, ,354. 19 _aka epee, MN 55379 1 Eag lewood I I I i I I I I 1 ---------- I I I I ! atad Development Company 127-050006-0 1 1 1 _loyd Gunderson ILot E, B1 k.. i I LOT 1 $1, 354. 19 1$1, 354. 19 ! _ate 59 Heathridge I Eag lewo od I I I 1 -t h f i e l d, MN 55057 1 1 1 1 i ---------------------------- 1 ine E. & Susan G. Ek. 127-050007-0 1 1 1 1 Albert A. & Corrie Dubois ILot 7, Blk. 1 I LOT 1$1, 354. 19 1 $1, 354. 19 1 32 Eaglewood Circle IEaglewood I I I I ak.opee, MN 55379 1 1 1 1 1 ------------------- 1 I I I ,ald W. & Patricia Hackett I27-050008-0 1 1 1 1 4 Eaglewood Circle ILot 8, Blk. 1 I LOT 1 $1, 354. 19 1 $1, 354. 19 1 ikopee, MN 55379 IEaglewood I I I I I I I I I ----------------------------i Ii ---------- ,ald W. & Patricia Hackett 127-050009-0 I 1 I 1 Dorsey Windhorst ILot 9, Blk. 1 1 LOT 1 $1, 354. 19 1$1, 354. 19 1 '4 Eaglewood Circle IEaglewood I I I I kopee, MN 55379 1 1 1 1 I ----------------------------� I I I I Bald J. Bisek & Wife 127-050010-0 1 1 1 1 '8 Eaglewood Lane ILot 1, Blk. c 1 LOT 1$1, 354. 19 1$1, 354. 19 1 .kopee, MN 55379 I Eag lewood I I I I I I I I I .---------------------------1 1985 ASSESSMENTS FOR SPECIAL IMPROVEMENT DISTRICT 1985-2 Imprc_1ver,lent of R-adway Serving Lots ��f Record in Eaglewo od 1st, 2nd, and 3rd Additions and Certain Unplatted Property in Sect i c,n 31 and Section 32, Township 115, Range 22, occ.t t County, Minnesota PAGE 2 ------------------------------------------------------ 1 I I I I I OWNER 1 DESCRIPTION IASSESSMENTIASSESSMENTIASSESSt{IENTI I I I UNITS I I I I -------------1 ------- -1 ----------1 ----------1 ----------1 1 1 I I ust ad Development Company 127-056001-0 I I I I 1% Lloyd GUnderson I Lot 1, Blk. 1 I LOT 1 $1, 354. 19 1$i, 554. 19 1 IRoute 5, Heathridge IEaglewood 2nd I I I I I Nort h f i e l d, MN 55057 1 1 1 1 1 -------------------I ---------------I ---------- 1 ---------- 1 ----------i 1 ----- I i I I Mustad Development Company 127-05600E-0 1 1 i 1 1% Lloyd Gunderson I L��t 1, Blk. 2 1 LOT 1$1, 354. 19 1 $1, 354. 19 1 I Route 5, Heathridge I Eag lew�mod 2nd I I I I [Northfield, MN 55057 1 1 1 1 I II I 1 1 I I I IJeff J. Schultz 127-056003-0 1 1 1 1 12054 Eag l ewood Drive I Lot 2, Blk. 2 1 LOT 1 $1, 354. 19 1$1, 354. 19 1 IShakopee, MN 55379 IEaglewood 2nd I I I I I I I I I I 1 1 ----------1 ----------1 -----------I ----------------------- I I I I IHustad Development Company 127-056004-0 i I I 1 1% Lloyd Gunderson I Lot 3, Elk. E I LOT 1$1, 354. 19 l i, .354. 19 ( Route 5, Heathridge IEaglewood 2nd I I I 1 I 1 orth f i e ld, MN 55057 1 1 1 I i I I I I I I I I I ( Steven D. & Brenda L. Olson 127-056005-0 1 i 1 1 12060 Bridgespur 1 Lot 4, Blk. 2 1 LOT 1$1, 354. 19 I$1, 354. 19 I I Shakopee, MN 55379 1 Eag lewood 2nd I I 1 i I I 1 I I 1 111 ---------- 1 ----------1 ----------1 1 --------------1 i I Ronald C. Larson & Wife 127-0,56006-0 I I I I 12084 Bridgespur ILot 5, Blk. 2 1 LOT 1$1, 354. 19 1$1, 354. 19 1 IShakopee, MN 55379 IEaglewood 2nd 1 I I 1 I I I 1 1 I I ---- I 1 ---------- 1 ---------- 1 ----------1 --------------------------1 ---------------I I I i I James A. & Arlene C. Luzum 127-056007-0 i 1 1 1 1791 Newell Circle I Lot 6, Blk. 2 1 LOT 1 $1, 354. 19 1$1, 354. 19 1 1Apple Valley, MN 55124 IEaglewood 2nd I I I I I I I 1 1 I I -------- 1 ----------1 ---------- I ----------I 1985 ASSESSMENTS FOR SPECIAL IMPROVEMENT DISTRICT 1985-2 Improvement of Roadway Serving Lots of Record in Eaglewood 1st, 2nd, and 3rd Additions and Certain Unplatted Property in Section 31 and Section 32, Township 1151 Range 22, Scott County, Minnesota PAGE 3 ----------------------------- OWNER I DESCRIPTION IASSESSMENTIASSESSMENTIASSESSMENTI I I UNITS 1 I I ---------- 1 I I ---------- 11 C. Fisher R Wife 127-056008-0 1 1 1 1 ?4 Bridgespur Kot 7, Blk. 2 1 LOT 1 $1, 354. 19 1 $1, 354. 19 I 1k.opee, MN 55379 I Eag lew�mod 2nd I 1 1 1 1 I I I I ---------------------------- i 1 I 1 jers, Douglas K. 157-056009-0 4 Bridgespu r Kot 8, Blk. 2 1 LOT 1$1, 354. 19 1 `151, 354.19 1 zkopee, MN 55379 IEaglewood 2nd I ( I I i 1 I I I --------------------- 1 i 1 I Was Stanley Miles 127-056010-0 I I I 24 Br i d esur i 9 P I Lot 9, Blk. c I LOT 1 $1, 354. 19 1$1, 354. 19 1 akopee, MN 55379 I Eag lewood 2nd I I I I I I I I I ---------------------------- 1 1 1 I 1 I inson, Steven T. & Wife 127-056011-0 1 1 1 1 34 Bridge Crossing I L��t 10, Blk. 2 1 LOT 1 $1, 354. 19 1 $1, 354. 19 1 akopee, MN 55379 ( Eaglewood 2nd , I I I I ( i I I ----------------------------� I I I I _pis J. VanNout, Jr. & Wife 127-05601E-0 1 1 1 1 44 Bridge Crossing i Lot 11, Blk. 2 1 LOT 1$1, 354. 19 1$1, 354. 19 1 Akopee, MN 55379 i Eag lewood 2nd i I I I I 1 1 I ---------------------------- --------------- incis C. & Shirley L. Kroyerl27-056013-0 1 I i 1 1 1 I S. Fi lmore Street I Lot 1, Blk.. 3 1 LOT 1$1, 354. 19 1$1, 354. 19 I tkopee, MN 55379 I Eag lewood 2nd I I I 1 I I I I I ---------------------------- --------------- 1 I I ,ald E. & Marilyn R. Ubel 127-056014-0 1 1 1 �' e Crossing sin I ' g os g ► Lot 2, Blk. 3 1 LOT 1 $1, 354. 19 1 $1, 354. 19 E kopee, MN 55379 IEaglewood 2nd I 1 I i I I I I 1 ----------------------- I 1985 ASSESSMENTS FOR SPECIAL IMPROVEMENT DISTRICT 1985-2 Improvement of Roadway Serving Lots of Record in Eaglewo od 1_,t, i2nd, and 3rd Additions and Certain Unplatted Property in Section�n 31 and Sect ic-n 32, Township 115, Range 22, Scott C i-trot y, Minnesota PAGE 4 ----- ---------------------------I---------------- ---------- --------------------- i I I OWNER I DESCRIPTION IASSESSMENTIASSESSMENTIASSESSMENTI I I UNITS I I I ------------------------------ --- 1 ----------I ----------1 I1 1 I i I IEgidi�� Babudro 127-056015-0 I I l 1 110684 Terrance Rd. N. E. I Lc-t 3, Blk. 3 1 LOT 1$1, 354. 19 1 $1, 354. 19 N I Mpls. , MN 55434 I Eag lewood 2nd I I I I II I I I I I I ( Gary L. Laurent 127-056016-0 1 1 1 1 12046 Bridge Crossing I Lot 4, Blk. 3 1 LOT 1 $1, 354. 19 1 $1, 354. 19 I I Shakopee, MN 55379 I Eag lew�mod 2nd I I I I I I I I I I I I I I I I IRoepke, Larry & Wife 127-056017-0 1 1 1 1 12113 Bridge Crossing I Lot 5, Blk. 3 1 LOT 1 $1, 354. 19 1$1, 354. 19 1 I Shaky epee, MN 55379 I Eag lew�mod 2nd I I I I I I I I I i II I ---------- I ----------I ----------I ------------------------------I --------------- I I I I I IHustad Development Company 127-06000='-0 I 1 I 1 LOT I�1, 354. 19 I �1, 354. 19 I 1% Lloyd Gunderson 1Lot 2, Blk. 1 I I R�mute 5, Heathridge I Eag lewood 3rd I I 1 I I N-Drt h f i e l d, MN 55057 1 1 1 1 i I I IIngvoldstad, Thomas P. & Dia 127-060003-0 1 i 1 1 111950 Ibis Street N. W. I Lot 3, Blk. 1 I LOT 1 $1, 354. 19 1`Is 1, 354. 19 ( Coon Rapids, MN 55433 IEaglewood 3rd I I I I I I I II I I I I I I I Malum, Terrace D. & Roxanne 127-060004-0 12063 Eag lewood Lane I Lot 4, Blk. 1 1 LOT 1$1, 354. 19 I $1, 354. 19 1 IShakopee, MN 55379 IEaglewood 3rd I I 1 1 II I I I I I I 1 I --------------- ---------- ---------- I I I I 1 1 ITerry W. & Marlene M. Ege 127-060005-0 1 I I 1 12075 Eag lewood Lane I Lot 5, Blk. 1 1 LOT 1$1, 354 . 19 1$1, 354. 19 I I Shakopee, MN 55379 1 Eag lewood 3rd I I I 1 I I I I I I I ----I ---------- I ----------I ----------I 1985 ASSESSMENTS FOR SPECIAL IMPROVEMENT DISTRICT 1985-E Irxiprovement �xf Roadway Ser^ving L�xts x�f Record in Ea❑lewoi ld ist, End, and 3rd Additions and Certain Unplatted Prrxperty in Sectioxn .?'1 and Sect iol-, 3,21 Tc xwnsh i p '1115, Range EE, Sx._cxtt COUnty, Minnesota PAGE 5 _---------------------------------•--- OWNER I DESCRIPTION IASSESSMENTIASSESSMENTIASSESSMENTI I i UNITS I I I ---------------------------- _______________ I I I 1 lily Dining, Inc. 127-060006_0 1 I I 1 -8 Trunk Hwy. 101 IL,--,t 6, B1 k. 1 I LOT [ $1, 354. 19 1$1, 354. 19 I -Akopee, MN 55379 I Eag lewx god 3rd I I I I I I I I I ---------------- �an L. Guth 127-060007-0 I I I 1 56 W. 173rd I Lx::xt 7, B 1 k.. 1 1 LOT 1 $1, 354. 19 I $1, 354. 19 I ,dan, MN 5535E IEaglewood 3rd I I I I I I i I I ----------------------------� aener, Ross D. R Wife I27-060008-0 I I ?2I 1 I Eag lewood Lane I Lot 8, Bl k. 1 1 LOT 1$1, 354. 19 1 $1, 354. 19 I Akopee, MN 55379 IEaglewood 3rd I 1 I I I I I ----------------------------I -------- I I I I I ------- ---------- I I I -rger, Robert J. & Wife 127-060009-0 1 I 1 I =7 Eag lewocxd Lane I Lot 9, Bl k. 1 I LOT 1$1, 354. 19 1$1, 354. 19 1 akopee, MN 55379 IEaglewood 3rd I I I I I I I ---------------------------- II I 1 I I -)ert A. Hinkel & Wife 127-060010-0 1 I 1 1 r3 Bridge Crossing ILot 1, Blk. ` 1 LOT 1 $1, 354. 19 1$1, 354. 19 1 Akopee, MN 55379 IEaglewood 3rd I I 1 1 I I I I I ---------------- ------------I --------------- ---------- I I 1 1 1 y of Shakopee 127-060012-0 I i I 3 E. First Avenue I Park. I LOT I$1, 354. 19 I $1, 354. 19 I I Akopee, MN 55379 I Eag lewood 3rd I I I I I I I I I ------------- endshuh, Claude P. & 1=dife IE7-931003-0 1 I ;9 E. Co. Rd. 7E 1110- 37 SE1/4 EX I LOT 1$1, 354. 19 1 $1, 354. 19 1 .kopee, MN 55379 1101-1 5A EX 2. 51 1 1 I 1A EX N 696. 561 1 1 1 1 ---------------------- 1985 ASSESSMENTS FOR SF'F_CIAL IMPROVEMENT DISTRICT 19-20-2 Improvement of Rc iadway Serving Lets ,f Record in Eag l ewe,+,d 1st, 2nd, and 3rd Additions and Certain Unplatted Property in Section 31 and Section�n 32-, Tc-wnship 115, Range 22, Sr_,_,t t Coi-tnt y, Minnesota PAGE 6 ------------------------ --------------------------------------------------------- I I i I I I OWNER I DESCRIPTION IASSESSMENTIASSE_SSMENTIASSESSMENTI I I I UNITS I I I ------------I --------------- I ---------- I ---------- I ----------I ( Joseph P. Friendshuh & Wife 127-931003-02 1 1 1 1 121,2,5 Bridge Crossing 12. 5 Acres I LOT 1 $1, 354. 19 1 $1, 354. 19 1 ( Shakopee, MN 55379 IP/0 NE 1/4 1 1 1 1 1 ISE 1/4 1 1 1 1 iI ---------------I ---------- I ---------- I ---------- I ------------------------------ I I I I I (James E. & Diane Klemenhagen 127-931003-04 1 1 1 1 12117 Bridge Crossing IP/O N 1/2 1 LOT 1$1, 354. 19 1$1, 354. 19 1 I Shakopee, MN 55379 ISE 1/4 1 1 1 1 1 1 1 1 1 1 ------------------ ----- ------ -I---------------I ----------I ---------- I ----------I 1 I I I I I ( M ichael R. Wo i da 127-932007-0 1 1 1 1 12012 Eag lewood Lane 12. 5 Acr^es I LOT 1 $1, 354. 19 1$1, 354. 19 1 1 Shakopee, MN 55.779 I P/0 N 1/2 NW I I I I I I I I ------------------------i ---------------I ---------- I ---------- I -------- i1 ------ I ITOTAL ASSESSMENT 1 $51, 459. 2-31 H_A K CD F> INCORPORATED 1870 * ENGINEERING DEPARTMENT 129 E. 1st Avenue - Shakopee, Hinnesota 55379-1:376 (612) 445-3650 MEMO TO: John K. Anderson, City Administrator FROM: Stephen Hurley, Engineering Technician SUBJECT: Shenandoah Assessments DATE: September 27, 1585 INTRODUCTION: A Resolution is needed adapting assessments for Shenandoah Drive. BACKGROUND: The estimated total profect cost is $470, 000- 00. Of this $88, 000. 00 will be paid by Minnesota Racetrack and $139, 000. 00 will be paid from Tax Increment Funds. This leaves $243, 000. 00 to be assessed. One hundred percent of this amount will. be deferred. Attached is the assessment role for the project. ACTION REQUESTED : Adopt Resolution No. 2450, A Resolution Adopting Assessments for the North—South Collector Street (Shenandoah Drive) in Sec. 5-115-22 by Roadway Construction. DN 8663 e_ SH/pmp MEM2450 1985 ASSESSMENTS FOR SPECIAL IMPROVEMENT DISTRICT NORTH--SOUTH COLLECTOR STREET (SHENANDOAH DRIVE) IN SEC. 5-115-22 BY ROADWAY CONSTRUCTION Prepared : 9/27/85 Adopted : ------------------------------ OWNER I DESCRIPTION IASSESSMENTIASSESSMENTI TOTAL I I I UNITS I I I --------------------------- I --------------- i ---------- I ---------- I ------ -- 1 ---- 127-905013-0 I I i 1 ard M. Christian & 15 115 22 35. 66 1 I I 1 n Gross INW 1/4 of SE I 1 1 j Lyndale Ave. S. 11/4 Ex 1. 15 1 F. F. 1 $47. 47262 1 $48, 489. 96 1 1. , MN 55420 I Ex . 99A Ex 2. 14 1 I 1 1 ---------------------------I--------------- I ---------- I ---------- I 1 127-117001-0 1 1 I I out 1 t o 1 I I I it National Funk Shakopee IPrahmcoll 1st I I I I urge J. Seidl IAddn. Ex E 75' 1 1 1 1 S. Holmes Street 1 of N 510' R Ex I F. F. 1$47. 47262 1 $48, 489. 96 1 < epee, MN 55379 1 E50' lying S of I I I I IN 510' 1 1 1 1 --------------------------- I --------------- I----------I I 127-905021-0 1 1 1 15 115 22 104. 18 1 1 1 i ferhawk IP/0 N 1/2 S of I I I 1 0 1st Nat' l Bank Bldg. IRR (EX 1. 2% 1 F. F. 1 $47. 472S2 1 $146, 020. 08 1 . , MN 55402 I (EX E 1/2 NE I I 1 1 11/2) Y (EX W I I I 1 112341. 91 of NW i I I 1 11/4 EX S 639. 081 1 1 1 1 I I 1 I --------------------------- I ---------------I I I I I I I TOTAL ASSESSMENT 1$243, 000. 00 1 Si�F�v � o RESOLUTION NO. 2450 A Resolution Adapting Assessments 1984-4 Public Improvement Program Shenandoah Drive Roadway Construction WHEREAS, pursuant to proper notice duly given as regt_iired by law, the City Council of the City of Shakopee nd heard and passed upon all ��b,�ect ions t�� the proposed d as Shenandoah Drive by roadway constrUction; and WHEREAS, Shenandoah Drive was constructed initially to provide assess to property awned by Minesota Racetrack, Inc. but in so doing bene�its other abutting properties ; and WHEREAS, with the construction of Shenandoah Drive Council did riot wish to place a burden upon abutting property Owners; and WHEREAS, Council proposes to defer the assessments in the amount of $E43, 000. 00 until such time as the abutting property developes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That such proposed assessments together with any amendments thereof, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. That such assessments are hereby deferred unti1 such time as a building permit is issued. 3. That such assessments shall be payable in equal annual installments extending over a period of ten years. the first installment to be payable or, or before the first Monday in ?anuary of the year following the issuance of a building permit arid shall bear interest at the rate of 11. L0 percent per annum from the date of the issuance of the building permit. To the first installment shall be added the interest for the calendar year in which the first assessments are to be collected by the County Treasurer and to each subsequent installment when due shall be added the interest for one year on all unpaid installments. No interest shall accumulate from the date of this resolution but shall accumulate from the date a building permit is issued. 4. The owner of ar,y property so assessed may, at any t ime prier to certificatior, of the assessment to the Cr-unty A. uditc'V-, pay the whole of the assessment n sLtch prC'perty, with interest accrued to the date of payment, tothe City Treasur,er,, except that no interest shall be char-ged if the entire assessment is paid pricer to issuance of a building permit ; the owner may thereafter- Pay to the Co ur,t y TreaSurer the i r,st a 11 merit and interest in pr•o cess of c•,11ect ior, or, the cur-r-ent tax list, and he rniay pay the remaining principal balance of the assessr,ient to the City Treasu r,er. 5. The Clerk shall file the assessment r-Ills pertaining to this assessment in his office and shall certify annually to the County Auditor on or before October 10th of each year- the total amount of installments and inter^est which are to become due in the following year on the assessment on each parcel of land included in the assessment roll. Adopted in session of the Shakopee City Council of Shakopee, Minnesc ita, held this day of 1985. Mayor of the City :if Shakopee ATTEST: City Clerk Approved as to form this day of , 1985. City Attorney Gi 1985 ASSESSMENTS FOR SPECIAL IMPROVEMENT DISTRICT NORTH-SOUTH COLLECTOR STREET (SHENANDOAH DRIVE) IN SEC. 5-11.5-22 BY ROADWAY CONSTRUCTION Prepared : 9/27/85 Adapted : -------- ---------- __ -------------------------2222-- I -------------2222-- I -2222-- I I 1 OWNER I DESCRIPTION IASSESSMENTIASSESSMENTI TOTAL I I I UNITS I I I I ---------2222-- - I ------------I ------------------- -----2222-- I 127-905013-0 I i Edward M. Christian 8 IJ 115 `2 35. 66 1 I I I I I I Lc,ren Grass INW 1/4 of SE I 8609 Lyndale Ave. S. 11/4 Ex 1. 15 1 F. F. 1 $47. 47-c-62 1 $48, 489- 96 Mills. , MN 554c0 I Ex . 99A Ex 2. 141 I I -------- - 12222------� - { --2222----- -I ----------------------------- 127-117001-0 1 II IOutlot A I I 1 I I First National Bank Shakopee IPrahmcoll 1st I i I /Ge���rge J. Seidl IAddn. Ex E 75' 1 1 Ge S. Holmes Street I ��f N 510' & Ex I F. F. 1`�47. 47262 1 $48, 489. 96 ` ; Shakopee, MN 55379 IE50' lying S ofl { I IN 510' 1 { I I I I I _ --------I ---------- 1 ------2222-- ----------------- 27- ------ - 1 2222---2222-- I I 127-905021-'� 1 15 115 22 104. 181 I 1 1 .Silverhawk IP/0 N 1/2 S of I I I I 2300 1st Nat' l Dank Bldg. IRR (EX 1. 2A) I F. F. 1 $47. 47262 i X146, 020. 08 Mpls. , MN 55402 I (EX E 1/2 NE I I 11/2) & (EX W I I I 1 112'341. 91 of NW I I I I 11/4 EX S 639. 081 1 1 { I I I I I -- I ----------I - I ------------� -----I -------222222 22-2222-- I I I I TOTAL ASSESSMENT 1$243, 000- 00 1 Scr, A <1,F� 00 d o v e 2. i o /RS RESOLUTION NO. 2450 i A Resolution Adapting Assessments 1984-4 Public Improvement Program Shenandoah Drive Roadway Construction WHEREAS, pursuant to proper- notice ice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of Shenandoah Drive by roadway construction; and WHEREAS, Shenandoah Drive was constructed initially to provide assess to property owned by Minesota Racetrack, Inc. but in so doinq nenerits otner anutting properties ; and WHEREAS, with the construction of Shenandoah Drive Council did not wish to place a burden upon abutting property owners; and WHEREAS, Council proposes to defer the assessments in the amount of $843, 000. 00 unt i 1 such t ime as the abutting property developes; WHEREAS, Minnesota Racetrack, Inc. agreed to pay $88, L 00. 00 toward the construction of Shenandoah Drive and has requested that the City spread the payment out over ten years the same as if it were an assessment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That such proposed assessments together with any amend- ments thereof, as listed Carl Exhibit "A" attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract therein included is hereby found to be benefited by the proposed improvement in the amount ��f the assessment levied against it. That such assessments are hereby deferred until such time as a building permit is issued. 3. That such assessments shall be payable in equal annual installments extending over a period of ten years, the first installment t o be payable on or before the first Monday ay i n Jan- uary of the year following the issuance of a building permit and sl-hal1 beat- interest at the rate of 11. 00 percent per annum from the date of the issuance of the building permit. To the first installment shall be added the interest for the calendar year in which the first assessments are to be collected by the r County Treasurer and t0 each subsequent installment when due shall be added the inter-est for, one year car, all unpaid install- ments. 1gci interest shall accI_u-111_ilate from the date of this reso- Iutic-r, but shall accuriiulate from the date a building permit is issued. 4. The owner if any property =_;o assessed may, at any t ime pr i car t,--- cert i f i cat i n _r, of the assessment to the County Auditor, pay the whale .;f the assessment can suchproperty, with interest accr�_ied to the date of payment, to the City Treasurer,, except that no interest shall be charged if the entire assessment is Paid prier to issUance of a building permit ; the owner may there- after' pay to the County Treasurer' the installment and interest in process I--&f co11ect ican on the current tax list, and he may pay the remaining principal balance of the assessment to the City Treasurer. 5. The Clerk shall file the assessment rolls pertaining to this assessment in his �iffice and shall certify annually to the County ALid itcar, can or before October 10th of each year the total amciunt of installments and interest which are to became due in the following year or, the assessment on each parcel of land included i n the assessment roll. BE IT FURTHER RESOLVED THAT: 1. That such proposed assessments together with any arnend- rnent s thereof, as listed on Exhibit "B" attached heretc, and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract therein included is hereby found to be benefitted by the propclsed improvements ir, the amount of the assessments levied against it. C. Such assessments shall be payable in equal annual in- stallments extending over a period of ten years, the first in- stallment to be payable car, car before the first Monday in January, 1986, and shall bear interest at the rate of 11. 00 percent per, annum from the date of the adoption of this assessment rescilu- t ion. To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31, 1986, and t c, each subsequent installment when due shall be added the interest for one year or, all unpaid install- ments. 3. The owner of any property so assessed may, at any time prier to certification of the assessment to the County Auditor, pay the whole of the assessment can such property, with interest accrued to the date of payment, to the City Treasurer that , except no shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolu- t tion; he may there-aftEr pay to the County Treasurer the install- ment ,-tnd inter~e=-t in pr_�ce.�ss ��f c�11ectis,n on the current tax list, and he may pay the remaining principal balance of the asst=ssment to thc2 City Treasurer. 4. The Clerk shall file the assessment rolls pertaining to this assessment as listed on Exhibit "B" in his office and -hall certify arIni_tal ly to the County Auditor on or before October 10th of each year, beginning in 1985, the total amount of in- stallments and interest which are to become due in the following year on the assessment on each parcel of land included in the assessment roll. Adopted in session of the Shakopee City Council of Shakopee, Minnesota, held this day of � 1985. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day if , 1985. City Attorney r EXHIBIT "A" (DEFERRED) 1985 ASSESSMENTS FOR SPECIAL IMPROVEMENT DISTRICT NORTH-SOUTH COLLECTOR STREET (SHENANDOAH DRIVE) IN SEC. 15"115-22 BY ROADWAY CONSTRUCTION Prepared: 9/27/85 Adopted : ------------------------- I OWNER I DESCRIPTION IASSESSMENTIASSESSMENTI TOTAL I I UNITS I I I------------------------------I -I -- I I 1 `7-905013-0 1 I _____-- I Edward M. Christian R 15 115 22 .?,5. 66 I 1 I Loren Gross I 1 NW 1/4 ••f SE I I I 18609 Lyndale Ave. S. 11/4 Ex 1. 15 1 F. F. 1 $47. 472E2 1 $48, 489. 96 I Mpls. , MN 155420 I Ex . 99A Ex 2. 141 I I I I --------------- 127-117001-0 1 ------------ I I I IOutlot A I I I (First National Bank Shakopee IPrahmcoll 1st I I I I%Ge,merge J. Seidl I Addn. Ex E 75' t 1 1129 S. Holmes StreetI i of N 510' R Ex I F. F. 1$47. 47262 1 $48, 489. 96 I Shakes epee, MN 55379 I E50' lying S of 1 I I IN 510' 1 1 1 -------------------------._._ 1 1--------------- ----------1 ----------i 107-90001-0 I ------------ I ISilverhawk 15 115 22 104. 181 1 I I P/O N 1/2 S of I I I 12300 1st Nat' l Bank Bldg. IRR (EX 1. 2A) I F. F. I Mpls. , MN 554021 $47. 47262 IX146, 020, 0g i i (EX E 1 /2 NE I i I 11/2) R (EX W I I I I 112341. 91 of NW I 1 ! 11/4 EX S 639. 081 i I I I I I I ------------------------------ ---------------- I --------------- I ------------- ---------- I 1 1 I I TOTAL ASSESSMENT 1 $243, 000. 00 EXHIBIT "B" (UNDEFERRED) 1985 ASSESSMENTS FOR SPECIAL IMPROVEMENT DISTRICT NORTH-SOUTH COLLECTOR STREET (SHENANDOAH DRIVE) IN SEC. 5-115-" BY ROADWAY CONSTRUCTION Precured : 9/27/85 Adopted : : I --------------------------------------------------------------------------------- I ! I I OWNER I DESCRIPTION IASSESSMENTIASSESSMENTI TOTAL 1 I UNITS I I II --- I ---------- i ---------- I ------------ --------------------- ------------ I 1 I M i nnes��t a Racetrack, Inc. I5248 Valley Ind. Blvd. I I I I I Shakes tepee, MN 55579 I f I I ` 88, 000. 00 1 I i I I --------------------- ------ --------------- I ---------- ---------- I 1 1 1 --- -------- I I I i I I I I i 1 I i I I I II i ---------- I ---------- i ------------ ` ------------------------------I --------------- 1 I I I 1 I I I 1 I I I I I i I I I ---------- I ---------- I ------------ I ----------------------- --------------- 1------- I I I I ! I I TOTAL 1 $88, 000. 00 ! CHRISTIAN AND GROSS ATTORNEYS AT LAW 8609 LYNDALE AVENUE SO. EDWARD M. CHRISTIAN MINNEAPOLIS. MINNESOTA 55420 LOREN GROSS TELEPHONE 881-8636 JAMES M. KEMPAINEN September 27, 1985 City of Shakopee Engineering Department 129 East 1st Avenue Shakopee, MN 55379 Re: Proposed Assessment for improvement of Shenandoah Drive in Section 5, Township 115, Range 22. Dear Sirs: This letter is being written to you pursuant to the notices received from the City of Shakopee to inform you that the undersigned object to the proposed assessments for the construction of Shenandoah Drive as set forth in your notices of September 10 , 1985, September 20 , 1965, and September 25, 1985. The undersigned are owners of approximately 35 acres of land in Section 5, Township 115 , Range 22 which is abutted on the north by Fourth Avenue and on the west by Shenandoah Drive. The reason for the objection is that the improvement of Shenandoah Drive served as no benefit to our property which abuts it to the east. Prior to the improvement we had given easements for sewer and water installation and for the proposed two lane road now known as Shenandoah Drive. The escalation of Shenandoah Drive from a two lane road to a four lane road served only to benefit Canterbury Downs Racetrack and not our property. All required access to our prop- erty was already being served by Fourt Avenue and by the two lane road formerly proposed where Shenandoah Drive now lies. Furthermore, Shenandoah Drive only ex- tends to the south to the main entrance of Canterbury . 9 u l City of Shakopee September 27, 1985 Page 2 Downs which serves no benefit to our property. If it had extended southward to County Road 16 , it might have pro- vided some additional benefit to our property but the present improvement does not. One or both of us intend to be present at the hearing on this proposed assessment set for October 1 , 1985 , but this letter is being submitted in writing as specified to voice our objection. Yours truly, _ J; Edw rd M. Chris ian Loren Gross EMC: 1hh t ' c^, S -r 12, OF" �HAKOPE� INCORPORATED 1870 _i * ENGINEERING DEPARTMENT 129 E. 1st Avenue - Shakopee, Minnesota 55379-1376 (612) 445-3650 MEMO TO: John K. Anderson, City Administrator FROM: Stephen Hurley, Engineering Technician SUBJECT: Assessments to Valley Park Drive & 18th Avenue DATE: September 27, 1985 INTRODUCTION: A Resolution is necessary adopting assessments for Valley Park Drive and 12th Avenue road improvements. BACKGROUND: The proposed front footage assessment from Valley Engineer- ing' s May 1984 Feasibility Report was $880, 110. 00. Tax incre- ment and oversizing costs brought the estimated total construc- t i on costs to $1, 449, 5713. 00. Actual total construction costs including oversizing are $875, 300. 00 or $4, 809. 97 less than the estimated front footage assessments alone. Storm sewer and street oversizing are estimated to be 25% of the total construction cost or $218, 825. 00. This leaves $656, 475. 00 to be assessed. Of this, $462, 990. 41 will be de- ferred since the assessed property falls outside the urban service area. Attached are the assessment roles (Exhibit A & Exhibit B) for the project. ACTION REQUESTED: Adopt Resolution No. 2451, A Resolution Adopting Assessments for Valley Park Drive from T. H. 101 to 12th Avenue and 12th Avenue from Valley Park Drive to County Road 83, Project No. 1984-5. p N f SH/pmp MEM2451 EXHIBIT "A" (DEFERRED) 1985 ASSESSMENTS FOR SPECIAL IMPROVEMENT DISTRICT VALLEY PARI' DRIVE FROM T. H. 101 TO 12TH AVENUE AND 12TH AVENUE FROM VALLEY PARE: DRIVE TO COUNTY ROAD 83 Prepared : 9/27/85 Adopted : --------------------------------------------------------------------- ------------ I I I I OWNER I DESCRIPTION IASSESSMENTIASSESSMENT I TOTAL I I UNITS I I ! 1 I I I 127-909012-0 1 1 1 ; Valley Ind. Park LTD 19115 22 82. 87 1 1 1 %Scott1and, Inc. INE 1/4 Ex 74. 451 1 1 5244 Valley Ind. Park. I R l at t ed as 15120 F. F. 1 $52. 792521 1 $270, `97. 71 P. O. Box 39 I Val ley Park 3rd 1 I I Shakopee, MN 55379 I Ex 2. 68A I I I I ------------------------------ I ---------------I---------- ----------- I ------------ 127-910003-0 1 I 1 Valley Ind. Park LTD 110 115 22 1 I 1 %Scattland, Inc. 1125. 03 SW 1/4 1 1 1 5244 Valley Ind. Park INE 1/4 g S 1/2 13650 F. F. 1$52. 792521 1 $192, 692. 70 P. O. Box 39 I NW 1/4 & 5. 03A I I I Shakopee, MN 55379 IIn NW 1/4 1 1 1 INW 1/4 1 1 1 1 ! I I I I TOTAL ASSESSMENT 1$462, 990. 41 ^ ` EXHIBIT "B" (UNDEFERRED) ` 1985 ASSESSMENTS FOR SPECIAL IMPROVEMENT DISTRICT VALLEY PARK DRIVE FROM T. H. 101 TO 12TH AVENUE AND 12TH AVENUE FROM VALLEY PARK DRIVE TO COUNTY ROAD 83 Prepared : 9/27/85 Adopted : _____________________________________________________________________ ------------ I i I | OWNER | DESCRIPTION | ASSESSMENT | ASSESSMENT | TOTAL | i UNITS | | ------------------------------ |--------------- | ---------- | ----------- | ____________ 127-910003-0 | | | Valley Ind. Park LTD 110 115 22 | | | %Scottland, Inc. 1125. 03 SW 1/4 ! | | 5244 Valley Ind. Park INE 1/4 & S 1/2 13665 F. F. 1 $52. 792521 1 $193, 484. 59 P. O. Box 39 INW 1/4 & 5. 03A | | { Shakopee, MN 55379 ( In NW 1/4 | | | ( NW 1/4 | | | ______________________________|_______________ | __________| ___________ | ____________ | ( TOTAL ASSESSMENT | $193, 484. 59 - t RESOLUTION NO. 2451 A Resolution Adopting Assessments 1984-5 Public Improvment Program Valley Park Drive and 12th Avenue By Roadway Construction WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon al 1object i�ins to the proposed assessments ��f: Valley Park Drive from T. H. 101 to 12th Avenue and 12th Avenue from Valley Park Drive to County Road 83 by roadway construction; and WHEREAS, the City proposes to defer assesssments in the amount of $462, 990. 41 for those properties lying outside the urban sanitary sewer service area as shown in the City' s Compre- hensive Plan. NOW, THEREFORE:, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That such proposed assessments together with any amend- ments thereof, as listed on assessment Roll "B" is hereby ac- cepted and shall constitute the special assessment against the lands named therein and each tract therein included is hereby found to be benefitted by the proposed improvments in the amount of the assessments levied against it. Such assessments shall be payable in equal annual in- stallments extending over a period of ten years, the first in- stallment to be payable on or before the first Monday in January, 1986, and shall bear interest at the rate of 11. 00 percent per, annum from the date of the adoption of this assessment resolu- tion. To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31, 1986, and to each subsequent installment when due shall be added the interest for one year on all unpaid install- ments. 3. The owner of any property s�� assessed may, at any time prior t�� certification of the assessment to the County Auditor, pay the whale of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolu- tion; he may there-after pay to the County Treasurer the install- ment and interest in process of collection on the current tax list, and he may pay the remaining principal balance of the assessment to the City Treasurer. 4. The Clerk shall file the assessment rolls pertaining to this assessment as listed on Assessment Roll "B" in his ,ffice and shall certify annually to the C-Dunty Audit Ir cin or Lief ire October- 10th of each year-, be inning in 1985, the t•�tal ann_��_tnt of installments and intertest which are to becr,riie due in the following year on the assessment _in each parcel of land included in the assessment roll. BE IT FURTHER RESOLVED THAT: 1. That such proposed assessments together with any amend- ments thereof, as listed ,ri Assessment Roll "A" attached hereto, and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract therein included is hereby found to be benefitted by the proposed improvements in the amount of the assessments levied against it ; 2. That such assessments are hereby deferred until January 1, 1990 when the sanitary sewer- can be extended to the area in accordance with the City' s Comprehensive Flan or, until a building permit is issued, whichever occurs first. Should the u r b n sanitary sewer service area not be expanded by 1990 to include the lands named on Assessment Roll 'J ", Council may consider an extension of the deferred assessments. 3. That such assessments shall be payable in equal annual installments extending over a period cif ten years, the first installment to be payable or, or, before the first Monday in Jan- uary, 1990 and shall bear interest at the rate of 11 percent per annurn from January 1, 1990. To the first installment shall be added the interest for the calendar year in which the first assessments are to be collected by the County Treasurer and to each subsequent installment when due shall be added the in- terest for, one year or, a 1 1 unpaid installments. No interest shall accumulate from the date of this resolution until January 1, 1990. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolu- tion; esp lu- tion; he may thereafter, pay to the County Treasurer the install- ment and interest in process of collection on the current tax list, and he may pay the remaining principal balance of the assessment to the City Treasurer. i C/ 5. The Clerk shall f le the assessment rr_111s pertaining to this assessment as listed on Assessment R-Dll "A" in his office and shall certify annually to the C_n!tnty Auditor on cr befc,re October- 1Z'th of each year the total am -_int of installments and interest which are to becc,me due in the follrjwing year on the assessment on each parcel of land included in the assessment roll. Adapted in session of the Shakopee City Council of Shakopee, Minnesota, held this day of , 1585. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1585. City Attorney r EXHIBIT "A" (DEFERRED) 1985 ASSESSMENTS FOR SPECIAL IMPROVEMENT DISTRICT VALLEY PARK DRIVE FROM T. H. 101 TO 12TH AVENUE AND 12TH AVENUE FROM VALLEY PARK DRIVE TO COUNTY ROAD 83 Prepared : 9/27/85 Adopted : -------------------------------------------------- OWNER I DESCRIPTION IASSESSMENTIASSESSMENT I TOTAL I I I UNITS I I ------------------------------ -----------I ---------------1----------1 I ------------ 127-909012-0 ( Valley Ind. Park LTD 19115 22 82. 87 1 I I !%Scott 1 and, Inc. INE 1/4 Ex 74. 451 I I 5244 Valley Ind. Park I P 1 at t ed as 15120 F. F. 1 $52. 792521 1$270, 297. 71 .P. O. Box 39 I Val ley Park 3rd I I I Shakopee, MN 55379 I Ex 2. 68A I I I I ------------ 127-910003-0 Valley Ind. Park LTD 110 115 22 1 I I %Scott 1 and, Inc. 1125. 03 SW 1/4 1 I I 15244 Valley Ind. park INE 1/4 & S 1/2 13650 F. F. 1 $52. 792521 1$192, 692. 70 ! P. O. Box 39 I NW 1/4 & 5. 03A 1 1 Shakopee, MN 55.379 I I n NW 1/4 1 I I INW 1/4 1 1 1 I I I TOTAL ASSESSMENT 1 $462, 990. 41 EXHIBIT "B" (UNDEFERRED) 1985 ASSESSMENTS FOR SPECIAL IMPROVEMENT DISTRICT VALLEY PARK DRIVE FROM T. H. 101 TO 12TH AVENUE AND 12TH AVENUE FROM VALLEY PARK DRIVE TO COUNTY ROAD 83 Prepared : 9/27/85 Adopted : ---------------------------------------------------------------------- ----------- � I I I I OWNER I DESCRIPTION IASSESSMENTIASSESSMENT I TOTAL I I UNITS I I ------------------------------ I ---------------I ---------- I ----------- I ------------ 1 27-910003-0 1 I I ! Valley Ind. Park LTD 110 115 22 1 1 I %Sc��t t l and, Inc. 1125. 03 SW 1/4 1 I I 5244 Valley Ind. Park INE 1/4 & S 1/2 13665 F. F. 1 $52. 792521 1 `7;193, 484. 59 P. O. Box 39 I NW 1/4 R 5. 03A I I I Shakopee, MN 55379 IIn NW 1/4 I I INW 1/4 I I ------------------------------I---------------I ----------I-----------1 ------------ I I TOTAL ASSESSMENT 1 $193, 4S4. 59 ; o �J MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac, City Planner RE: Planning Commission Request to Proceed with Planning Study DATE: September 23 , 1985 Introduction On September 19 , 1985 the Planning Commission held a special workshop meeting to discuss development in the area of Canterbury Downs. Attached is a copy of the memo which staff had prepared for the discussion, which includes a summary of actions to date and possible alternatives to explore. Background Following discussion regarding existing zoning, a development zone , development pressures , transportation systems , etc. the Planning Commission formed a consensus that as a group, they are not comfortable with existing zoning classifications in the area of the racetrack. Additionally, the Planning Commission approved a motion to direct staff to inform the City Council that a majority of the Planning Commission members are concerned with development in the vicinity of the racetrack and request the City Council concurrence and direction to proceed with an examination which would lead to a planning program for development in the area of the racetrack. Action Requested by the Planning Commission 1. City Council concurrence that the existing zoning in the area of the racetrack is not appropriate, and; 2 . Direct the Planning Commission to proceed with an examination which would ultimately lead to a planning program for development in the area of the racetrack. Attachment tw l U � MEMO TO: Shakopee Planning Commission FROM: Judi Simac , City Planner RE: Reconsideration of Zoning Districts in the Vicinity of Canterbury Downs DATE: September 12 , 1985 Background: The issue of zoning in the vicinity of Canterbury Downs has remained alive since the announcement, that the track would be located in Shakopee , was made eighteen months ago. During the summer of 1984 , while a City - imposed development moratorium was on, the Planning Commission and City Council conducted two studies: 1) A racetrack area study to examine existing land uses and zoning to determine whether they were compatible with the racetrack, and 2 ) A B-2 District Study to determine whether the existing amount of business zoning was appropriate in regard to size and lot requirements. The result of the studies was the adoption of ordinances which revised the zoning map, increased site performance standards, and reduction in the minimum lot size requirement of the B-2 zone from five acres to one acre. In April of 1985 the Planning Commission and City Council met jointly to discuss the various requests for rezoning which appeared to be ready for submittal. Staff presented an exhibit at the meeting which indicated the parcels of property which would most likely be under consideration for rezoning. The majority, if not all, of the proposed sites were proposals for "spot zoning" . The consensus of the meeting was that applicants would be considered on a case by case basis and that there would not be much support for "spot rezoning" . In June 2.985 two requests for rezoning were submitted. The Standard Development application was withdrawn in July and the Baron Development application was withdrawn prior to Council action to deny, in early September. For three months , during long public hearings , the merits of rezoning for a hotel development were discussed. Opposition from the Industrial area landowners came in many forms. The developer stressed the commercial nature of the racetrack required the adjacent property to be reconsidered for commercial zoning. The City Officials were bound by the findings of fact required for zoning amendments and the development guidelines of the Comprehensive Plan. Even though the City Council has recently concurred that no errors have been made in the original zoning map, that no significant changes in community goals and policies have taken place, that no significant changes in City-wide or neighborhood development patterns have occurred and that rezoning in the vicinity of the racetrack would not be an implementation of the Comprehensive Plan' s growth management program, a request for rezoning on the west side of the racetrack has been submitted for consideration. And there are more requests "out there" which will come before the Planning Commission and City Council. However, the Planning Commission and City Council should know that the long hearings , discussions and frustations have somewhat paid off. There are proposals for hotels and related commercial uses which are in progress , which do not require rezoning. The developers have learned that there are parcels available for development with the correct zoning. For example: a Super 8 Motel is proposed for the intersection of County Roads 16 and 17 , a motel and restaurant is planned for the property east of Valley Fair, the owner of the Shakopee Valley Motel is planning a significant expansion, Scottland, Inc. plans a hotel at the intersection of County Roads 83 and 16 , a developer has contacted staff regarding the development of a hotel at County Road 17 and the By-Pass and two five-plus acre sites are being looked at on east T.H. 101. Additionally, a Riverfrcnt Inn may be constructed in the next couple of years which would link the Downtown District with the commercial attractions in the eastern portion of the City. Obviously, if zoning is going to be changed to allow for increased track - related development, two major land use planning tools must be amended. They include: 1) The established zoning districts . The B-1, B-2 , and B-3 as established are not suitable for guiding the types of uses that would be compatible with the racetrack. A new zone or district, which limits uses , would be more appropriate. 2 ) The Comnrehensive Plan. The plan addresses transportation, sewer allocation, land development limitations, population needs, etc. A major change in rezoning requires compliance with the Comprehensive Plan. Alternatives: 1. Expansion of the existing B-1 and B-2 zoning districts. 2 . Creation of another Zoning District within the vicinity of the racetrack which would require all development as P.U.D. ' s. 3 . Creation of a "floating zone" whidh would be set up with specific uses , etc. however would not be located on the official zoning map until development is planned. For example, some cities have all vacant land in an R-1 classif- ication until development is proposed, then the rezoning occurs if it is in compliance with the Comprehensive Plan. 4. Do nothing and allow development to occur within the existing structure. For the September 19 , 1985 workshop, staff will provide exhibits and more detailed information on the proposed alternatives. The information contained herein is to serve as a guide for discussion for the Planning Commission. mon C27 Anchor /DLIJ Glass Container RECEIVED SEP 3 01985 September 27 , 1985 CITY OF SHAKOPEE Mayor Eldon Reinke and Members of the City Council City of Shakopee 129 East First Avenue Shakopee, MN 55379 Dear Mayor Reinke and Members of the City Council : RE: Industrial Park In the past we have expressed our concerns about the proposed rezoning of land in the industrial park to commerical zoning. As you know, we are opposed to the rezoning of the industrial land to commercial use. We have made significant investments in reliance on the current land use plan and ask that you not now put that investment at risk. Sincerely, Donald F. Hennen Plant Manager DFH:gv cc : R. J. Barto file ddb + MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac , City Planner RE: Preliminary and Final Plat Approval of Canterbury Park 1st Addition DATE: September 20 , 1985 Introduction: At the September 19 , 1985 meeting the Planning Commission approved a motion to recommend to the City Council that the preliminary and final plat of Canter- bury Park 1st Addition be approved subject to conditions . Please find enclosed a copy of the proposed plat . Background: The recommended conditions of approval are as follows : 1 . Approval of a Title Opinion by the City At- torney. 2 . Execution of a Developer' s Agreement for the construction of the required improvements : A. Installation of the water system in accordance with the requirements of the SPUC Manager. B. Installation of the street lighting in ac- cordance with the requirements of the SPUC Manager. C. Sanitary Sewer and Storm Water system to be installed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee . D. Streets and street signs to be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. Citation Drive may be constructed with a temporary cul-de-sac with bituminous curbing. E. The developer shall agree to the City Engineer' s method of apportioning the installments remaining unpaid against the plat and that the developer waives his right to appealing the apportionment . F. In lieu of land dedication, a cash payment should be made to the park fund at the time building permits are issued. G . No building permit shall be issued for Outlot A until it is replatted. { 3 . The City Engineer must receive and approve all final plans and specifications for all public facilities , in- cluding but not limited to, roads , sanitary sewer, storm sewer, drainage , overlot grading etc. 4. The developer shall be required to petition for the rehabilitation of Valley Industrial Blvd. North or be required to construct Valley Industrial Blvd. N. , where it abuts the plat , as directed by the City Council of the City of Shakopee . Condition number 4 leaves the decision regarding im- provements for Valley Industrial Blvd. N. to the Council . Early in the platting process the former City Engineer recommended that Valley Industrial Blvd. N. be improved under the guidelines of the Street Rehabilitation Policy for the industrial district . Action Requested: Approve the preliminary plat and offer Resolution No. 2440, a Resolution approving the final plat of Canterbury Park 1st Addition, and move for its adoption. attachment RESOLUTION N0. 2440 { A Resolution Approving The Final Plat Of Canterbury Park 1st Addition WHEREAS , the Planning Commission of the City of Shakopee did approve the Final Plat of Canterbury Park 1st Addition on September 19 , 1985 and has recom- mended its adoption; and WHEREAS , all notices of hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS , the City Council has been fully advised in all things . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the Final Plat of Canterbury Park 1st Addition, described as follows : Lot 2 , Block 3 Valley Park 1st Addition be, and the same hereby is approved and adopted with the requirements that : 1. Approval of a Title Opinion by the City Attorney. 2. Execution of a Developer' s Agreement for the construction of the required improvements : A. Installation of the water system in accordance with the requirements of the SPDC Manager. B. Installation of the street lighting in ac- cordance with the requirements of the SPUC Manager. C. Sanitary Sewer and Storm Water System to be installed in accordance with the require- ments of the Design Criteria and Standard Specifications of the City of Shakopee. D. Streets and street signs to be constructed in accordance with the requirements of the De- sign Criteria and Standard Specifications of the City of Shakopee. Citation Drive may be con- structed with a temporary cul-de-sac with bi- tuminous curbing. E. The developer shall agree to the City Engineer ' s method of apportioning the installments remaining unpaid against the plat and that the developer waives his right to appealing the apportionment . F. In lieu of land dedication, a cash pay- ment should be made to the park fund at the time building permits are issued. G. No building permit shall be issued for Outlot A until it is replatted. 3 . The City Engineer must receive and approve all final plans and specifications for all public facilities , including but not limited to, roads , sanitary sewer, storm sewer, drainage , overlot grading etc. 4. The developer shall be required to petition for the rehabilitation of Valley Industrial Blvd. North or be required to construct Valley Industrial Blvd. N. , where it abuts the plat , as directed by the City Council of the City of Shakopee . BE IT FURTHER RESOLVED, that the Mayor and City Clerk and the same are hereby authorized and directed to execute said approved Plat and Developer' s Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 19 Mayor of the City of Shakopee ATTEST: city er Approved as to form this day of City 10b MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac , City Planner RE: Preliminary and Final Plat Approval of Canterbury Park 1st Addition DATE: October 1 , 1985 Background: Staff has requested City Council to approve and adopt Resolution No. 2440 , a Resolution approving the final plat of Canterbury Park 1st Addition, at the October 1 , 1985 meeting. The SP`JC Manager has requested staff to include in the Resolu- tion a condition which will require the developer to loop the water system in the future . Below is the proposed amendment to Resolution No. 2440 which will provide a fifth condition: 5 . The developer shall be required to provide a recordable agreement which guarantees the looping of the water system when Outlot A, Canterbury Park 1st Addition is replatted for further development . Action Requested: Offer conditionmotion No. 5 asamend recommendedResolution staff24a0ndbmoveincluding ts co adoption. JS : cah PRELIMINARY REPORT OF THE SCOTT COUNTY GOVERNMENT STUDY COMMISSION ; At the September 18, 1985 meeting of the Government Option Study Commission, the commission made preliminary findings on the recommendations which will be included in its final report. The commission voted on each of the options as follows: 1. The committee voted unanimously to recommend against an increase in the number of county commissioners. The commission reasoned that the size of the county did not warrant the increased costs and that all citizens were being adequately represented by the present number of commissioners. 2. The commission recommended unanimously against the adoption of the elected executive form of government. The commission concluded that this option granted too much power to one individual and effectively did away with our present commissioner form of government. 3. The committee unanimously recommended against the creation of the at large chairman form of county government believing that such a system would parochialize our county commission and force the remaining four commissioners to be more concerned with their respective districts than the county as a whole. 4. The commission voted unanimously against recommending a county auditor/administrator plan, which would be a step backwards to the plan initially in place in Scott County in the late 1960's believing this plan could no longer function in a county such as Scott. 5. The committee unanimously voted not to recommend that the position of sheriff be appointed rather than elected. The committee believed that the office of sheriff is such an important policy making position that the electorate would always desire to be able to vote for candidates for the office of sheriff. 6. The next option was to change the present county administrator form of government to the county manager form. There was much discussion about this particular option and some very strong support for this option. However, the committee voted 11 to 3 against this option but several of the negative votes related to the fact that if this option were adopted, several presently existing county offices and all advisory commissions would be abolished. 7. The next option to be considered was that of making the county recorder/registrar of titles appointed rather than elected. This too caused a great deal of discussion and resulted in a 12 to 2 vote not to recommend this option. There was serious concern, however, over trying to implement some change in this office to require significant statutory qualifications for the office of county recorder. � s Page 2 8. The next option considered was the creation of the position of civil county counsel. By a vote of 9 to 5 the committee voted to recommend against the implementation of this option. A majority of the committee believed that the county board should take steps to make the county attorney more responsive to the needs of the county. 9. The next option considered was the consolidation of the positions of auditor and treasurer. There was significant discussion on whether such a consolidation would result in financial savings for the tax payers and most of the committee members believed no savings would result. The committee voted 9 to 5 against recommending this option. 10. By a like vote of 9 to 5, the committee voted against recommending that either the auditor or treasurer be made appointive rather than elective. The committee will meet once again on the 2nd day of October, 1985 to finalize its votes on the various options and to consider any changes in the preliminary votes taken based upon public reaction to this report. Respectfully Submitted, SCOTT COUNTY GOVERNMENT OPTIONS STUDY COMMITTEE MINUTES OF THE SCOTT COUNTY GOVERNMENT STUDY COMMISSION DATE OF MEETING: SEPTEMBER 18, 1985 Members Present: Members Absent: Commissioner Mark Stromwall Peter Patchin Paul Wermerskirchen, Secretary Richard O'Keefe William Schmokel John Schmidt David Unmacht Paul Flick Marvin Oldenburg Phillip R. Krass, Chairman Paulette Rislund Walter Stock William Thalhuber William Casey Commissioner Tony Worm Commissioner William Koniarski George Pexa Cyril Wolf The meeting was called to order at 7:30 p.m. by Rod Krass, Chairman of the Scott County Study Commission. Rod told the Commission that he would be writing to Judge Young and Dick Mertz, Chairman of the Scott County Board of Commissioners, telling them that the final report will be presented to Judge Young at 9:00 a.m. and the Board of Commissioners at 10:00 a.m. on October 15, 1985 and as many as the commission members that can attend will be appreciated. Rod also informed the group that he will be sending out the preliminary report to township and city officials before the October 2, 1985 meeting. The members will be able to reconsider any votes on October 2, on October 9 they will have the chance to make final changes, additions and deletions and on October 15 the final report will be presented. It was then decided that they would vote on each option at this time and any discussion on any of the matters could be had at that time. 1. Whether or not to increase the number of county commissioners. Stromwall-no, Wermerskirchen-no, Schmokel-no, Unmacht-no, Flick-no, Oldenburg-no, Krass-no, Rislund-no, Stock-no, Thalhuber-no, Casey-no, Worm-no, Wolf-no and Koniarski-no. 2. To have the creation of an elected executive who would have administrative functions such as hiring and firing and have the functions of the county manager? Stromwall-no, Wermerskirchen-no, Schmokel-no, Unmacht-no, Flick-no, Oldenburg-no, Krass-no, Rislund-no, Stock-no, Thalhuber-no, Casey-no, Worm-no, Wolf-no and Koniarski-no. Page 2 3. Whether or not to have an at large chairman. Wermerskirchen-no, Schmokel-no, Unmacht-no, Flick-no, Oldenburg-no, Krass-no, Rislund-no, Stock-no, Thalhuber-no, Casey-no, Worm-no, Wolf-no, Koniarski-no, Stromwall-no. 4. Whether or not to have the county auditor/administrator plan. Schmokel-no, Unmacht-no, Flick-no, Oldenburg-no, Krass-no, Rislund-no, Stock-no, Thalhuber-no, Casey-no, Worm-no, Wolf-no, Koniarski-no, Stromwall-no, Wermerskirchen-no. S. Whether to change the position of sheriff to be appointed rather than elected. Unmacht-no, Flick-no, Oldenburg-no, Krass-no, Rislund-no, Stock-no, Thalhuber-no, Casey-no, Worm-no, Wolf-no, Koniarski-no, Stromwall-no, Wermerskirchen-no, Schmokel-no. 6. Whether to change the administrator form of government currently used to the county manager form of government. On this option there was much discussion. Wally Stock presented the group with a brief summary that explained the county manager form and some of the highlights being: policy administration, expertness, popular control, competence of board, and cost of government. Wally Stock stated he was in favor of this plan and feels it would be a major step for Scott County. Mark Stromwall commented that he felt government could be patterned after the county manager, the manager may have the tendency to hire people who think the same and has same views as himself. Dave Unmacht was also in favor of this plan but worried it may not be accepted by the voters. Prior Lake is the only city currently using the county manager form of government in Minnesota. Bill Koniarski also feels it has merit but doubts if citizens of Scott County are ready for it since the only difference is in the hiring and firing and would have to do a big selling job. Paul Flick made the comparison of school districts having superintendents. Rod Krass stated it was his personal view that the manager plan may be more efficient than administrative plan but did not like it since it abolished three offices. Paulette Rislund made the comment that she was not in favor of this plan since it eliminates the board Of commissioners. Flick-yes, Oldenburg-no, Krass-no, Rislund-no, Stock-yes, Thalhuber-no, Casey-no, Worm-no, Wolf-no, Koniarski-no, Stromwall-no, Wermerskirchen-no, Schmokel-no, Unmacht-yes. 7. Whether to have the county recorder/registrar of deeds be appointed rather than elected. Dave Unmacht stated this was a hard option to decide on since the person handling this position now is so competent. Mark Stromwall felt the elected are concerned and would elect the highest quality and felt it was important to leave office elected and have independent reviews. Bill Schmokel stated that the voters should look at the duties and functions of this I (ol- position also. Paul Flick stated the deputies are well qualified and that we should vote on competency and at the individual. Mark Stromwall stated he has questions on the elected system-feels the general public doesn't always know what all goes into certain positions. Oldenburg-no, Krass-no, Rislund-no, Stock-yes, Thalhuber-no, Casey-no, Worm-no, Wolf-no, Koniarski-no, Stromwall-no, Wermerskirchen-no, Schmokel-no, Unmacht-yes, Flick-no. 8. The next option was whether or not to appoint a civil county counsel. Tony Worm commented that he doesn't believe the civil county counsel would have to be appointed but to make the county attorney more responsible to the county board. Bill Schmokel also feels this position needs to be dealt with internally. Krass-yes, Rislund-no, Stock-no, Thalhuber-no, Casey-no, Worm-yes, Wolf-yes, Koniarski-yes, Stromwall-no, Wermerskirchen-no, Schmokel-no, Unmacht-no, Flick-no Oldenburg-yes. 9. Possible consolidation of auditor/treasurer. Mark Stromwall made a motion which passed to start with the issue of consolidation. Tom Hennen discussed flow chart and believes we will need more staff by adding additional duties to departments which in turn would not be a savings. Also stated that it will require people to move if government would be reorganized and that other duties of departments might slide with all the additional duties added to their departments. Paul Wermerskirchen also commented that cannot take on additional work without additional staff and that they need to subtract the additional salaries from end result which was not done on Mr. Berg's report. Plus he stated that it still will not be anymore convenient for the public, people will still have to stand as long waiting for answers to their questions. Mark Stromwall stated that he doesn't favor the consolidation if remain elected plus no cost savings. Bill Schmokel asked the question that if it be appointed how would it be implemented and when the changes would occur. Rislund-no, Stock-yes, Thalhuber-no, Casey-yes, Worm-yes, Wolf-no, Koniarski-yes, Stromwall-no, Wermerskirchen-no, Schmokel-no, Unmacht-no, Flick-no, Oldenburg-no, Krass-yes. Whether to have the office of treasurer and auditor be appointed rather than elected? Stock-no, Thalhuber-no, Casey-no, Worm-abstain, Wolf-no, Koniarski-no, Stromwall-yes, Wermerskirchen-no, Schmokel-no, Unmacht-yes, Flick-no, Oldenburg-no, Krass-yes, Rislund-yes. The minutes of the September 4, 1985 meeting were approved. The next meeting will be October 2, 1985 at the Scott County Courthouse in Shakopee where the preliminary report will be presented and members will be given the opportunity to change if their votes if desired. Respectfully Submitted, Lt LLori"La/mbrecht Recording Secretary CITY OF PRIOR LAKE IMS01111, MICHAEL A. McGUIRE, MANAGER September 25, 1985 Mr. John Anderson Shakopee City Hall 129 East lst Avenue Shakopee, MN 55379 Dear John: Enclosed is a copy of a letter and resolution dealing with the Scott County Government Study Commission that was passed by the Prior Lake City Council on September 23, 1985 for your information. If you share the same concerns regarding the length of time to review the Commission's recommendations, you may wish to adopt a similar resolution and forward it to the Commission. Sincerely, Michael A. McGuire City Manager City of Prior Lake MAM:ll Enclosures (612) 447.4230 4629 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 55372 CfTY OF PRIOR LAKE MICHAEL A. MCGUIRE, MANAGER r September 25, 1985 Iver. Rod Krass, P.A. Krass, Meyer and Walsten Chartered P.O. Box 216 Shakopee, MN 55379 Dear Rod: ed unanimously by the Mayor and City Enclosed is Resolution 85-24 adopt Cai.ssion to seek Council which requests the Scott County Government Studymn an extension of time beyond their statutory completion date of October 151 1985. The purpose of requesting a time extension is to provide the City of Prior Lake (and other cities) , townships, the press, other interest organizations and the general public csufficieent timeto tionsevlew, analyze and comment on the preliminary report and the It is vitally important that adequate time is provided for "public" review options of the report. Your Commission has spent many hours studying the and the review period on the sre omme�lyitruesin�iewot be of thefact that the ue to time limitations. This 375A.13 set forth provisions for granting time statutes, specifically extensions for the Study Commission. The elected officials in Prior Lake do not beellieev'e fattthebeer 15th deadline provides sufficient time for their recommendations. I am requont�etinthat this for�Wednesday,solution eOctobert2�, 1985he regularly scheduled Comnu.ssi g set Thank you for your assistance. Sincerely, ;7A'31'c�a- Michael A. McGuire City Manager City of Prior Lake MAM:ll Enclosure (612) 447.4230 4629 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 55372 CITY OF PRIOR LAKE F Z . RESOLUTION 85-24 A RESOLUTION SUPIORTiM A TIME EXTENSION WHICH WOULD PROVIDE ADDITIORU TIME TO REVIEW THE PRELIMINARY REPORT PREPARED BY THE SCOTT CXXTWY GOVERNMNT STUDY COMMISSION Motion by _ k lSon Seconded by Busse WHEREAS, the Scott County Government Study Commission met on Wednesday, September 18, 1985 and voted on all of the optional forms of County government under consideration as set forth in Minnesota Statute 375A; and WHEREAS, Chairman Rod Krass is draftinga pr Commission based on the voingresults�ofe�thre oSe the Study meeting; and the 18 WHEREAS, upon completion the preliminary report will be made available to the other units of government in Scott County as well as to the general public; and WHEREAS, According to Minnesota Statute 375A.13(3) the duration of the Commission is limited to one year from the date of the order of the appointing judge (Honorable Michael Young) ; and WHEREAS, The date of the original order was October 15, 1984, thus the activity of the Commission must cease by October 15, 1985 unless an extension is requested by the Commission to Judge Young; and WHEREAS, the Prior Lake City Council will not conduct another meeting until October 7, 1985. NOW MEREFIORE BE IT RESOLVED THAT: The Study Commission should request a time extension from Judge Michael Young on the completion date scheduled for October 15 based on the following reasons: To allow the City Council of Prior Lake and other governmental units in Scott County adequate time to properly review, analyze and comment on the Study Commission's recommendations. (612) 447-4230 4629 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 55372 Passed and adopted this 23rd day of September 1985. ma NQ Johnson —x Johnson Busse x Busse Schweich x _ Schweich Scott x_ Scott Thorkelson x Thorkelson Michael A. McGuire `_ t' City Manager City of Prior Lake `' rFJf (SEAL);, 11 � TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Murphy's Landing Request for Funds DATE: September 25, 1985 Introduction and Background I have met with Gary Eastlund, representing Murphy's Landing, to review the request for a donation from the City. Also, I have reviewed the minutes and agenda pack from last year to gain a point of reference to discuss 1985. It appears that the short term needs of the project are similar to last year. They need approximately $30,000 to cover bills on hand and needed repairs to prevent winter damage to buildings including inhabited structures. The County is expected to advance $15,000 from next years appropriation of $40,000, leaving $15,000 in immediate needs to funded. Last year the City contributed $15,000 to the County Historical Society for Murphy' s Landing. Murphy's Landing Board expects to be able to carry the operating costs for the rest of the year. Mr. Eastlund reported that the City should begin receiving monthly reports soon regarding the financial status of the project. There have been accounting and reporting changes implemented along with staff changes. They are revising the resturant operation, changing site hours to complement Canterbury Downs and revamping their promotional activities. The operating statment for July does show an improvement over the previous year. The note payable to the bank has been reduced from $54,539 in February 1985 to $22,713 in July 1985. If the Council decides to make a contribution, General Fund contingencies has sufficient funds left to cover a $15,000 donation. Murphy's Landing would appreciate more but the $15,000 figure is their reported "crises" and is what the Council donated last year. Alternatives 1. Donate $15,000. 2. Donate $10,000. 3. Do not donate. 4. Donate some other amount. Recommendation Staff does not feel it is proper to make a recommendation on this issue. However, based on last years Council action, a motion is drafted below. Action Move to contribute $15,000 to the Scott Coounty Historical Society for Murphy's Landing. MEMO TO: Mayor, Councilmembers FROM: Tom Brownell , Chief of Police RE: Hunting Violations DATE: September 25 , 1985 INTRODUCTION: At the Council meeting of September 17 , 1985 , Council requested alternatives in reference to the ongoing problem of persons violating the cities hunting regulations . BACKGROUND: On October 18 , 1983 , Council held a public hearing regarding firearms violations . The result of the hearing was a meeting scheduled for November 3 , 1983 , to be attended by Councilman Colligan, myself and persons attending the hearing to discuss a solution to the problem. Eighteen citizens attended the public hearing, two persons attended the meeting on November 3 . The result of the meeting was direction to the department to increase enforcement . In 1984, the majority of complaints were received in the areas of Deans Lake where no hunting is permitted, and Ms . Koehnen' s residence where hunting is permitted with conditions . The department can most effectively apprehend violators at Deans Lake as it is primarily duck hunting. The area around Ms . Koehnen' s residence is primarily pheasant hunting and the violators are mainly road hunting from vehicles and have left the area prior to the arrival of the police. The department responds to all calls from citizens and the officers have been directed to charge any person violating the firearms regulations . There may be a time delay in responding to a complaint depending on the number of officers on duty, the location and the nature of the complaint in relation to their current activity. ALTERNATIVES: 1 . Conduct a public hearing to prohibit hunting in the City of Shakopee . To my knowledge there is not sufficient public support to prohibit hunting and a hearing would be non-productive. 2 . Hold a meeting with concerned citizens to discuss methods that may effectively reduce hunting violations . The meeting of November 3 was non-productive as only two citizens appeared at the meeting. Hunting Violations September 25 , 1985 Page -2- 3 . The department will continue to enforce the hunting regulations within our capability and specifically assign a unit to the problem areas when the violations are most prevalent and a unit is available . RECOMMENDATION/ACTION REQUESTED• The department will continue to enforce the hunting regulations within our capability and specifically assign a unit to the problem areas when the violations are most prevalent and a unit is available . TB: cah cJULIUS A. COLLER, II JULIUS A.COLLER ATTORNEY AT LA-%v, 612-445-1244 1859-1940 211 WEST FIRST AVENUE SHAKOPEE, STI-NNESOTA 55329 September 27, 1985 TO: JOHN K. ANDERSON, City Administrator FROM: JULIUS A. COLLER, II, City Attorney IN RE: Block 2, East Shakopee - Request of Beverly Koehnen to cease maintaining alley The above request was referred to me and I have checked the records at the Court House and conferred with the County Surveyor and I find as follows: 1. That title to the southern portion of Block 2, East Shakopee, is registered in the name of Beverly Jean Koehnen and Lester Robert Koehnen. 2. That no platted alley is contained in Block 2 but a meandered driveway traverses the Koehnen property from east to west and is currently maintained by the City, but the City records do not show for how long a period. The City was made a party defendant in the registration proceedings in 1963 but did not file a claim and under the law cannot obtain an adverse claim through usage since 1963. 3. That maintaining a so-called alley in its present location, which does not conform to regular alley locations in the City, could create a liability for the City and especially so because the City has no legal right to do so. RECOMMENDED ACTION: 1. Contact the other record owner Lester Robert Koehnen to inquire if he has any legal objection to the city terminating the maintenance. 2. Unless something new developes, discontinue maintainance of the alley or driveway after 30 days' public and posted notice. 3. After expiration of the 30 days, the City should erect a barrier at each end of the drive whichthe property owner should maintain for a reasonable time and the property owners are at liberty to remove all vestige of the road. TO: Mayor, Council Members FROM: Tom Brownell, Chief of Police RE: Bow hunting - Peavey - Valleyfair DATE: September 16 , 1985 INTRODUCTION Council has received a request to permit bow hunting on private property owned by the Peavey Company and Valleyfair Corporation, which currently is restricted by city code. BACKGROUND Hunting is currently restricted to an area south of 13th Avenue on continuous 40 acre tracts of land and must be the leased owner or with land owners written permission. In the past council has received complaints from citizens and held a public hearing regarding violations of the present hunting regulations . To allow additional areas to be used for hunting will merely compound our present problem of enforcing the hunting regu- lations. Valleyfair management strongly objects to the use of their property for hunting purposes and will not give any person permission to use their property. The Peavey Company will not give written permission due to the liability that could result. RECOMMENDATION Deny the request to allow bow hunting on property owned by Valleyfair and the Peavey Company. COUNCIL ACTION REQUESTED Deny the request to allow bow hunting on property owned by Valleyfair and the Peavey Company. CITY OF SHAKOPEE I29 East First Avenue, Shakopee, Minnesota 55379 MEMO John Anderson & City Council TO: Jim Karkanen - Public Works FROM: SUBJECT: Equipment yard screening DATE: Sept . 25 , 1985 I NTRODUCTI ON: The Shakopee Planning Commission has requested that the Public Works Department provide more screening around their equipment yard to present a more aesthetic st orage area to the surrounding neighborhood . BACKGROUND: In late 1976, the Public Works department crew planted Zabel honeysuckle inside of the fence area of the equipment and storage area , primarily on the west perimeter , north side and the eastern fence line . Russian Olive trees were planted across the southern borders of the yard to screen the yard from any proposed development to the south . This area is now the East vi ew Addt . Because of the ground fill at the southern edge of our yard , some of the planted trees did not survive , and the honey suckle on the east fence line have recently died back in the last several years . The honeysuckle planted on the western fence line i s still healthy and will not have to be replaced at the moment . There are parking areas on the east and north sides of our building which have Russian Olive and Mountain Ash planted on them, which are very healthy at the moment , but if a 4 foot hedge is required ( as per Ord . #158) , then vari gated dogwood could be planted outside of the tree line . However , this wi 1 l present a visibility problem for squad cars exiting from the Police Station onto Gorman St . in emergency conditions . The hedge line can' t be inside of the t ree' line because it is used for snow storage in the winter . The Shakopee Pubbi c Utility Commission also has a pole and hydrant storage area at the west side of our Municipal Services Building in the strip of land bet ween our west dri vE•w-E y , and the fence line separating our property from the Clifton Townhouse property . In our opinion , the poles which are stacked at the fence line next to the f i nce line , ha s created a pi pent i al hazard to the children who are sometimes seen playing these nei ghbors . in and around these poles , and they create an eyesore to l� if Council wants us to provide more screening to the neighborhood , then it would be our suggestion that they also request the Ut i 1 i t y Commission. t o move t hese poles to another location . After the poles and old hydrants are removed , we can then landscape this strip of land and add trees , pl ant ed veget at i on t o creat e a screen bet ween t he t wo propert i E if i t ' s the Council ' s desire to add more vegetation , we would suggest planting more Russian Olive trees across the south , southeast and southwest area to f urt her screen t he yard to the south . The existing honeysuckle on the west side has survived , and doesn' t need any repl acement at t hi s t i me . The fence line at the east and northeast area could have plastic slats inserted into it which would provide an opaque screen f rom t he Gorman St reet f ront age road and t he propert y directly to the east . The parking lot east of our building has Russian Ol i ve and Mount ai n Ash t rees pl ant ed , and we have 1 ost onl y one t ree at these sites . In order t o compl y wi t h t he 60% requi rement of 4 f oot veget at i on as required by Ord . #158 , we should plant about 150 feet of dogwood at t he si t e east of our bui 1 di ng , about 50 f eet of dogwood nort h of t he building , and the west side of our building is about 375 feet which would require about 95 dogwood plants , and approx . 13 trees of various vari et i es . The varieties suggested would be Russian olive , Mountain Ash , and American Linden ( basswood . ) Attached is a chart showing estimated quantities needed , and costs , and a location chart . ALTERNATIVES: 1 '. Screen all areas indicated i n memo. 2 . Screen only storage/equipment area . 3 . Acknowledge the "grandfather" exception to Ord . #158 for the yard , and do nothing. 4. Replace only the areas which have lost their vegetation from di eback 5 . Enclose entire fence/yard area with plastic slats for an opaque view to the neighborhood would be approx . 1440' @ 3 . 40 -- $4900. EST. UNI T QTY. ` SPECIES SIZE SPACING LIFE PRI CE NEEDED Vari gated Dogwood 3' 4' 15 yrs . 5 . 00 181 ( bare root ) Russian Olive 5' 25' 12-15 yea 8 . 50 23 ( bare root ) Am. Linden( basswood) 12-"'dia . 30' 20 yrs . 23 , 95 ( bare root ) Mt . Ash 12" 30' 25 yrs , 16, o0 5 ( bare root ) Plastic fence 6' cont . 10-15 yrs . 3. 40/1 f . i nsert s REQUIREMENTS AppgpX, ET6E, plants ants t rees COST AREA __— ----__ --- —_— 155 South & SE/SW port ion f ence 460' $1175 West fence ( slats option only) 345' $ 460 North fence ( Fast side, - slat s3=- 135' 35 $ 170 North fence ( West side - shrubs) 135' $1240 East fence to NE gate ( slats only) 365' $ b05 West side of building 375' 95 15 38 $ 1�0 15 0' East side of building 1 di ng 50' 13 $ 65 Nort•h._si de of building $ 5000 Total f ence enclosed w/slats 1440' 00' �' 3. Part i al sl at s 540 181 $ 905 33 $ $ 3040 11 ti 0 Q : e .10 -, `V� kFP(Acf EX;s� edlSC�eT3} SHS� M. W��o Wal IS r • f %O% it Z7 77 77, • 1 D 1 � r PHOTOGRAPH OF S. P.U. C. POL ES =' b ON WEST SIDE OF BUILDING � r.. TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Sewer Refund for Mr./Mrs. Broos DATE: September 16, 1985 Introduction & BackQround Mrs. Broos had a water leak last winter. The leak was fixed but of course there was a large sewer bill. According to policy as it was interpreted, staff adjusted the unpaid bills which were the 8/1 and 9/1 bills. The unadjusted bill amount was $24.56 and was lowered to $9.50. There were six bills sent at the $24.56 amount. First contact at City Hall from Mrs. Broos was September 3, 1985. Mrs. Broos is asking for a refund for an additional three months because she feels that they should not have to pay the higher rate after the leak was fixed. She feels that it is fair to pay something against the water usage but not that much. She was was not knowledgable of how the sewer billing works and thought that the lawn sprinkling of her renter was causing the high sewer bill. Additionally, her husband has been laid off and finances were and are tight. Mr. Broos has returned to work recently. In the event Council does not consent to a three month refund a two month refund is requested. The attached policy number 65 was drawn up after a question on commercial lawn watering. It does not clearly address billing adjustment/refunds for residential accounts where the water has gone down the sewer during the winter and the leak or uncontrolled usage has been repaired but the billing is high because of the high usage during the winter period. The attached policy number 39 states that the City will adjust residential bills for a leak or extraordinary usage but does not clearly say if the adjustment is effective with the first high bill or when the customer calls in. If the customer calls in promptly when the new sewer bill amount shows up (April) they could get by without paying for any of the high usage. If on the other hand, the customer waits because of ignorance or not wanting to complain, they could be paying the high bill for months before they finally do complain. Staff is suggesting that policies related to sewer billing (#39, #46, #59, #65, #105, #109) be combined and replaced with a new number 39 as is attached. Council may want to discuss the new statement and modify it as they deem necessary. Alternatives 1. No refund per policy as interpreted. 2. Change policy. 3. Make exception and refund 2 months at $30.12. 4. Make exception and refund 3 months at $45.18. 5. Other. Recommendation The recommendation is to clarify the policy by adopting the revised policy number 39 that is attached. Action Move to adopt administrative policy number 39 as amended. Administrative Policy 39 Amended October 1, 1985 Subject: Sanitary Sewer Billing Date: October 1, 1985 Source: City Council Action 10/1/85 Commercial Accounts: The City will not rebate bills already paid for water not flowing in the sewer, but will adjust for the difference (i.e. difference between the average winter usage and summer lawn sprinkling usage) on the bill(s) not yet paid (normally one bill) provided the problem is resolved by installing a new meter, additional meter for sprinkling or making repairs. When the account is a multiple unit dwelling without separate water meters for each unit, the sewer charges will go on the account for the "house" water meter(s). Residential Accounts: Winter quarters water usage, used to establish a customers yearly sewer bill, shall be replaced by the customers average winter use from prior years when the current winter period usage is inflated due to uncontrollable leaks or extraordinary usage. When there is no applicable prior period base, the average usage of 15,000 gallons per quarter shall be used. Adjustments/refunds will be made effective as of the first "high" bill. New accounts or accounts with no related water billing shall be billed on the assumption that water usage is the same as the average residential account in the city. The City will recognize and bill on the basis of water uasge history from another city if the new customer can document relavent usage. Sanitary sewer billing will be terminated when water service to the building is shut off in the street. There will be no adjustments to billings due to long vacations, unoccupied housing, etc. l Administrative Policy No. 39 l� Based upon a motion made by the Shakopee City Council at its June 30, 1981 meeting, Council has set the following policy as a guideline for sewer bill adjustments . Winter quarter water usage , used to establish a customers yearly sewer bill , shall be replaced by the customer' s average monthly water usage for the prior 12 months when winter quarter usage is incorrect due to "uncontrolable leaks or extraordinary usage" . f ADMINISTRATIVE POLICY NO. 65 Subject : Sewage Charges/Lawn Watering Date: January 19 , 1982 Source of Authority: . City Administrator/Council Action 1/19/82 The City will not rebate sewer bills already paid for water not flowing in the sewer, but will credit the difference (i . e. dif- ference between the average winter usage and summer sprinkling usage) to the bill ( s ) not yet paid (normally one billing period) provided the problem is resolved (new meter, additional meter for sprinkling or repair made) . 11,b MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Agreement with Mn/DOT for Construction of the Downtown Interchange and Bridge Improvements DATE: September 25 , 1985 Introduction The City Council has entered into a contract with Barton-Aschman Associates, Inc. to assist the City in our goal of constructing a new bridge across the Minnesota River and making traffic im- provements on the south side of the river to improve traffic flow and enhance the downtown as a shopping area. The first work element win te ith MnhDOTcforrthe projegtrton-Aschman is to secure an agreement Background Bruce Warzala of Barton-Aschman and I have been working with Mn/DOT officials to secure a written agreement. The initial drafts were for an agreement that included all elements of the project. If you will read the letter dated September 4 , 1985 attached to this memo you will see that the State has requested that we change directions and approach the project in two phases with two separate agreements. The proposed language is before Council in draft form so that mments from Council that can be put in the we may obtain any co final draft. After a final draft is agreed upon it will be brought before Council for action in resolution form. Alternatives 1. Require that all elements of the project be incorporated in one agreement. Based upon my with Bruce Warzala, the State simply will not enter into an all encom- the final alignment has not been passing agreement because decided upon and the final alignment may significantly alter total project costs for the State. 2. Approve the draft attached with any suggested language changes Council feels are appropriate. Recommendation Because the State makes a valid point regarding the final alignments affect on the cost of the State' s portion or the project, namely the bridge and its approaches, the City is out on a limb in its project atrthisto foceatime. Therefore, staff recommends alternative of thehe pro prod 3 No. 2 . The proposed draft is being reviewed by the Assistant City Attorney and his comments will be available at the meeting on Tuesday. Action Requested Direct the appropriate indicating that City officials to contact Mn/DOT staff the proposed "State of Minnesota Department of Transportation and City of Shakopee Memorandum of Understanding" for joint construction of a bridge replacing the TH 169 Minnesota River bridge and changing roadway geometric alignments of TH 101 in the Shakopee central business district dated 9/23/85 is acceptable to the City. JKA/jms _ f Barton-Aschman Associates, Inc. ; 1610 South Sixth Street Minneapolis, Minnesota 55454 612-332-0421 s rz !095 'l September 24, 1985 � ' �` Mr. John Anderson City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 Dear Mr. Anderson: Enclosed is a copy of the second draft agreement I spoke to you about on September 24, 1985. Because of the number of unknowns associated with determining costs for right of way acquisition and construction prior to selecting an alternative, MnDOT felt it was more appropriate to enter into an agreement (memorandum) of under- standing at this time. They prefer to cover the details in a subsequent agreement(s) . Although their approach may require more time for separate document processing, I do think it offers the same general guarantees of the combined approach (language was a "cut and paste" effort from the first draft wording) . On September 23, I met separately with MnDOT Golden Valley and Central Office folks on the new language. The next step will be to run it by the Attorney General ' s office and the City Official ' s to see if it is acceptable. You will note the added City signature block revisions as you requested. Also included is a memo to file on the Status of the TH 101 Bypass and CSAH 18 projects and minutes of the September 20, 1985 meeting you couldn't make. I would appreciate hearing from you on the memorandum of understanding at your earliest convenience. If you have any other questions, please let me know. Sincerely, -10-&CC Bruce Warzala, Senior Associate BLW:slw Enc. Draft 9/23/85 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION AND CITY OF SHAKOPEE MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" , actinits Commissioner of Transportation, hereinafter breferredy anouto as the "Commissioner" and the City of Shakopee, Minnesota, acting by and through its City Council, hereinafter referred to as the "City" . WITNESSETH: WHEREAS the State plans to replace the TH 169 Minnesota River bridge and approaches at Shakopee and the City plans extensive roadway geometric revisions in the CBD to solve trunk highway traffic problems on First Avenue, create a user friendly CBD and provide new orientation to the river frontage, the City is proposing an agreement of understanding be made and entered into between them and the State. This agreement would provide the basis for combining and expediting the state scheduled bridge replacement and the downtown Shakopee TH 169 and TH 101 intersection improvements under one joint partnership project; and .IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: THAT the City has by resolution passed December 11, 1984 approved the expenditure of $1. 9 million to jointly finance said project; and THAT the City has requested and been granted authority to proceed with location studies and an environmental assessment of the combined construction proposal; and THAT the City is now requesting that the remaining financial and project management responsibilities be identified and tentatively agreed to; and THAT the State is willing to enter into such a joint partnership as indicated by prior informal approvals and the authorization granted to the City to proceed with same location and environmental studies which include both the City and State elements of the proposed project; and THAT the State agrees to assume the cost of preparing the detailed plans for both the bridge and downtown approach improvements; and THAT the City is willing to contribute the remainder of it f �7- -c�ibUt-iae to the project for acquisition of necessary rights-of-way and construction embelishments on the downtown approach; and THAT the State will pay for all construction associated with the replacement of bridge #4175 including approach work considered essential to link up with implace TH 169 to the north and south; and THAT before this agreement shall become binding and effective, it shall be approved by resolution of the City Council of the City and shall also receive the approval of the Commissioner or his duly authorized representative. IN TESTIMONY WHEREOF the parties have duly executed this Memorandum of Understanding by their duly authorized officers and caused their respective seals to be hereunto affixed. CITY OF SHAKOPEE By BY City Clerk Mayor Date Date By Approved as to form City Administrator BY Date City Attorney Date DEPARTMENT OF TRANSPORTATION STATE OF MINNSOTA By By Director-Office of Design Commissioner of Services Transportation By Date District Engineer (Date of Agreement) By Assistant Division Director Technical Services Division Approved as to form and execution By Special Assistant Attorney General /i TO: John K. Anderson, City Administrator FROM: Jeanne Andre, Community Development Director RE: Downtown Committee Membership r DATE: September 25 , 1985 Introduction• Due to the City Council ' s decision to move Jerry Wampach from voting to ex officio status on the Downtown Committee, the Committee reviewed its membership and the need to maintain a quorum in order to conduct its business. Background: The Committee has certain members who attend very regularly and a few who are less involved. The resolution establishing the Committee states that members may be removed if they have more than two unexcused absences. The Committee does not follow this provision exactly, but has defined unexcused absences as those when the member does not call to let staff know they will not attend. They have asked staff to notify members when they do not meet this standard and request more regular attendance, calling in and/or resigning if their schedules are too busy. Such a letter was sent to Dick Stoks on August 1, 1985. Mr. Stoks did not respond and has not attended any meetings since that time. To keep quorum problems to a minimum, the Committee has therefore recommended removing Mr. Stoks form the Committee until such time as he has more time to regularly attend meetings. Requested Action: Affirm the Downtown Committee ' s decision to remove Dick Stoks from the Committee until such time as he can regularly attend meetings , and direct staff to send Mr. Stoks a letter explaining this decision. w f MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Councilmembers Serving on City Boards and Commissions DATE: September 24 , 1985 Introduction You asked that I draft an amendment to the resolution establishing the Ad Hoc Downtown Committee making the Council representative a true liaison without a vote. Background Upon examination of the resolution establishing the Ad Hoc Down- town Committee, I discovered that it does not require a member and/or liaison from the City Council. However , the City Code does state, "Councilmembers may be members of a Board or Commission, appointed for a term established by the Council at the time of the appointment, but not to extend beyond the end of the then current term being served by such member of the Council" . Since the code says "may be members" , Council may wish to leave the door open and not change the code. Instead an administrative policy could be approved by Council which could be easily amended from time to time as Council wishes, see City Administrator ' s Suggested Guidelines dated September 23 , 1985 . Alternatives 1. Amend City Code to exclude the appointment of a Council- member to a board or commission (except Community Services ) . 2. Don' t amend City Code but approve an administrative policy setting forth guidelines for the appointment of Council- members to boards and commissions. 3 . Take no action - this would allow Council to make Council appointments to boards and commissions as voting or ex-officio/liaison as deemed appropriate. Recommendation Alternative No. 2. Action Requested Adopted the guidelines for Councilmembers serving on City boards and commissions as outlined in the memo from the City Administrator dated September 23 , 1985 . JSC/jms MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Guidelines for Councilmembers Serving as Liaison to City Boards and Commissions DATE: September 23 , 1985 Introduction The City Council, at its regular September 17, 1985 meeting had a general discussion about the role Councilmembers should play when serving as Council liaison to City boards and commissions. During the relatively free wheeling discussion I took some notes so that we could list the highlights in writing and use them as guidelines or reminders for Councilmembers serving as liaison. Problem The consensus of Council indicated that the biggest problem for a Councilmember was a liaison assignment that also required the Councilmember to be a voting member of the board or commission. Several Councilmembers discussed the awkward position they were Placed in having to vote first as a commission member and then later as a Councilmember. Some Councilmembers felt that it was easy to wear one hat while on the commission and a second hat while at the council table. Others felt that it was difficult for commission members to understand why Council might vote differently at the Council table after having voted for or against a project along with the majority of the commission. Suggested Guidelines 1. City Council as a whole should try to minimize creating boards/commissions which require a Councilmember to be a voting member of the commission. 2. Councilmembers serving on a commission that requires them to vote should always indicate that they are voting as an individual and do not necessarily reflect how the Council will vote or how they might vote as a Councilmember after the City Council has analyzed the issue. 3. Councilmembers who serve as a non-voting liaison member are encouraged to participate in the discussion with the commission as long as their comments are prefaced by the statement that they are speaking for themselves not Council. 4. Councilmembers are encouraged to report at the Council meeting crucial commission discussion about items being considered by City Council as a whole so that Councilmembers can better understand the intent of the commission. 5. Councilmembers serving as liaison, while reporting on crucial policy discussions, should not feel compeled to make a summary report of all board/commission business. Summary The purpose of this draft is to help provide Councilmembers serving as liaisons with some general guidelines to increase their effectiveness both as Councilmembers and as Council liaison to various boards and commissions . JKA/jms MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerks--J RE: Appointment to Shakopee Public Utility Commission DATE: September 23 , 1985 Introduction On September 17th, Council nominated Wally Bishop and Jim Kephart to fill the vacancy on the Shakopee Public Utility Commission as the result of the resignation of Randy Gorman. Background Mr. Bishop has been contacted and is not interested in the appointment. Mr. Kephart has also been contacted and is interested in the appointment. Alternatives 1. Appoint Mr. Kephart. 2 . Advertise for additional interested citizens . Recommendation Number 1 , appoint Mr. Kephart. Action Requested Appoint Jim Kephart to the Shakopee Public Utilities Commission to fill the vacancy created by the resignation of Randy Gorman, effective October 16 , 1985 until April 1, 1987 . JSC/jms SHAKOPEE PUBLIC UTILITIES COl,,MISSI0i1 4N,Lv / f 13 R Jim Kephart 1064 Ramsey Shakopee, Minnesota 55379 November 14 , 1983 The Honorable Eldon Reinke, Mayor City Hall 129 East First Avenue Shakopee, Minnesota 55379 Dear Mayor Reinke: Enclosed herein please find my informal resume that will be helpful in determining my qualification for any vacancies that might arise on the Shakopee Utility Commission. As you know, and as I have indicated in my resume, I am very familiar with the operations of the Shakopee City Government and also the Utility Division having mapped the distribution area while working for Pheifer and Shultz as well as when I did it later on my own. I would be more than happy to meet with you and/or the City Council to discuss the above. Thank you for your consideration on this matter. Sincer ly im Kephart � Informal Resume (� f o r Jim Kephart Address 1064 Ramsey, Shakopee, MN 55379 - for 11 years Married 17? years Age 37 Children 3 - ages 12 , 9 and 7 From December, 1977, to Present I have been employed ay A=es Construction, Inc. as an Estimator and Project Manager. In these capacities I am computing quantities from blue prints, pricing of said quantities a=d pre- paring the bid package. When we are a successful bidder it is then my project to manage to completion. This involves many areas of co=uni- cation and coordination. My additional duties with Ames Construction are as follows: 1. Safety and Health Officer: I prepared our first Safety and Health Plan and regularly conduct safety meetings and comply with all record keeping require--ents. 2. Equal bpleyrent Officer: Here again I prepare Affir=ative Action Plans as required by different governmental agenciesq keep abreast of current legislation and comply with all record keeping require- ments. 3. Billing:- I prepare all contract billing as well as all hourly billings for pr©cessiag. 4, Insurance: I process and maintain records for our V'orkmans' Convensation Insurance as well as our Health and Dental Incurance, 5 Computer: I was the Installation Manager when we ordered our I.B.H. 3400 Computer. Since installation, I have released responsibility to others but still maintain complete control over job costing and equipment maintenance. 6. Special Projects: A. Designed our new Corporate Headquarters and Shop facilities and acted as the General Contractor on these projects. B. Put together our Promotional. Brochure. C. Traveled to Denver* Colorado for three months and helped establish a regional office there. t From Noverber, 2QZ2, December Shakopee as a Senior En r x ? , I wxs employed by the City of Civil Defense Coordinator. nee-Ing Technician and alio wwa the City+s of Shakopee During two of mJ' five yaa.rs xith tha City p , I was the only person is the En handling all the work load Person the help of conenitants.EineeriLg Dep rtment, Enpineerin Coordinator A. P?rforra/aupervise deli gn and drafting projects for road s.;.nitary Surer, storin , $ewer, and watermain; developed City Base Maps as well as other mapping as required; special reports. B. Perform/supervise Surveying. C. Perform/supervise. inspection of roads and utility construction. some building and Plumbinguctioa, assist the City Assessor inicomputing for the Buildingnsepartment; acreage -calculations. and D. Consulting Engineering coordination. E. Traffic analysis. F. Report to City Council on Engineering matters. G. Purchase all supplies and equipment for the Engineering De H. Compute all Special Assessments. Department. I. Drafting of Easements. J. Enforcement of Cit s Zonin Ordinances and Cit y� S y Codes. Civi 1 Defense Coordinator: J4 Report directly to the Mayor and City Council, B. Development of a ., approved Emergency Plans and Hazard Analysis. C. Coordinated facilities and transportation for local emergencies and developed a Privateenc Contractor Cooperation list. g ies D. Civil Defense spokesran for media E. Secured excess and surplus property from various governme agencies. nt From Aurust 1 6 to November Inc., an Engineering Consultinf?-P-irm here$ employed by Pfeifer & Shulz, of control schematics; electri gal substation deduties included drasing distribution design; surveying. gar transmission and From July,_ 1967 to Auc;uat, 1969, I was employed by Northern States Power Company. My Primary duties were drawing of control schematics for electrical substations. From 1965 to 1967, I was employed at D & 0 Dies as a Tool and Die Apprentice. Additional Work Experience: Since 1974 I have omned and operated my own business, J & J Design. Primarily, I design and draw plans for homes for contractors and individuals, as well as other drafting, including mapping of the Overhead Distribution System for the Shrkopee Public Utilities Commission. Military Experience: I have been a member of either the Minnesota National Guard or the Army Reserve since 1967• Following is a chronological breakdown of positions held during the past raixteen years: 1. Powerman (generator operator) 4 Years 2. Combat Surveyor 1 Year 3. Combat Construction Foreman 1--j Years 4. Infantry Platoon Sergeant 1 Year 5, Assistant Section Leader in Civil Defense 1 Year 6. Assistant Section Leader in Public Works 1 Year 7, First Sergeant 3 Years 8. Simultaneously, a Recruiter 2 Years 9. Assigned presently to the Scott County Civil Defense Agency as the County RADEF Officer 3 Years The Competences I plan to demonstrate and acquire through this program as the basis for a Bachelor of Arts Degree in Construction Management will support and add credibility to the position I now hold with Ames Construction, Inc. The Individualized Competence Based Program allows me to accomplish my goal of attaining a Bachelor of Arts Degree in a reasonable time period while taking into consideration my background. The general area of study for completion of my Degree from Normandale Community College will be in English Composition, Humanities, and Science. The purpose of the -selection will be to provide a thorough educational experience as anticipated in the distribution requirements for an Associate of Arts Degree. February 13 , 1984 The Honorable Eldon Reinke, Mayor City Hall 129 East First Avenue Shakopee, Minnesota 55379 Dear Mayor Reinke: It has been brought to my attention that some members of the Shakopee Common Council are basing their selection for the appoint- ment to SPUC on volunteer work rather than on the qualifications of an individual. I feel that when a person does volunteer work the satisfaction should come from helping and not from the ' rewards ' one might receive for doing such volunteer work. Due to the closeness of the voting, I offer the following as a few areas for which I have volunteered. I offer these not to receive accumulation for this volunteer work but help the council to make the right decision. I have made numerous clowning appearances and/or make-up demonstra- tions for the hospital, schools, churches, civic groups and the community services. I have also traveled to the University Heart Hospital as a clown several times to visit Shakopee children per Scott County' s request. I was a member of the Scenic Heights Park Committee and was in charge in the actual construction of the 'IG! Shelter. I also donated equipment from my place of employment to finish area around shelter. I helped the Jaycees survey the ball fields at Tapah Park. I was the Cancer Drive Chairman for Shakopee a few years back. I was the leading money collector in the walk for Debbie Luce and obtained several members of my reserve unit to walk in this effort also, raising a substancial amount of money for this little girl ' s operations. . I am presently assigned to the Scott County Civil Defense Office in a non-pay status with the U.S. Army. Again, I do not feel that the above should play a prominent role in the selection process in appointing someone to the SPUC, but rather on a person' s qualifications and willingness to serve. Sincerely, , im Kephart MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Appointment to Shakopee Community Access Corp. DATE: September 23 , 1985 Introduction The City has received the attached communication from the Shakopee Community Access Corporation recommending the nomination of Debbie Allen to the Corporation Board of Directors. Background On February 19 , 1985 the City Council accepted the resigna- tion of Gary Morke from the Access Corporation. The By-Laws of the Corporation require any member interested in appointment to receive support from 200 of the members in good standing in order for their name to be placed in nomination for appointment by the Council. Mr. Morke ' s term expires January 31 , 1987 . Action Recommended Nominate Debbie Allen to the Shakopee Community Access Corporation Board of Directors , to fill the vacancy created by the resignation of Gary Morke, until January 31 , 1987. JSC/jms Shakopee Community Access Corporation P.O. Box 173.Shakopee, Minnesota.55379 The undersigned members of the *Shakopee Access Corporation recommend the nomination of Debbie Allen to the Corporation Board of Directors . i SEP 2 198.5 a, L iw3 U 1935 C f T'3` OF `. September 30, 1985 Mr. Barry Stock - Transit Coordinator and the Shakopee City Council 129 - lst Avenue East Shakopee, MN 55379 Dear Mr. Stock and Council Members: Hello, my name is Deborah Allen and I am interested in becoming a member of the board of the Shakopee Community Access Corporation (SCAC) . My daughter and I have lived in the city of Shakopee for the past ten years. I am presently employed with Rosemount Inc. in Eden Prairie. I have been with the company for six years where I am currently a Quality Assurance Assistant in Nuclear Quality Assurance. My other outside activities include: 1. Member of American Society for Quality Control. 1981 - current. 2. Confraternity of Christian Doctrine (CCD) volunteer at St. Mary's Catholic Church. 1985-86 School Year. 3. "Outstanding Mrs. Jaycee" Award for March, 1976. My interest in becoming a member of the board of SCAC is twofold: 1. I have an eye for detail and feel I could assist in its organization by giving my professional input into decisions that are being made. 2. I am interested in the Communication Media, and this position would give me an excellent opportunity to educate myself in this field of work. Regards,. Deborah A. Allen 519-5 Dakota Street Shakopee, MN 55379 DA:cd C 2.._T--�el -d F- �H_fk�_K O P_ 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: Acquisition of Trunk Highway 101 Bypass Right--of-Way DATE: September 27, 1985 INTRODUCTION: Council action is necessary to submit final loan application to Metropolitan Council for Parcel Number 7. BACKGROUND: On May 9, 1985 the Metropolitan Council approved Shakopee' s preliminary application for a right-of-way reservation loan, Parcel No. 7, 14 acres of land south of Minnesota Va11ey 5th Addition. (See map attached) Subsequently, two appraisals were secured for this parcel : Shenehon & Associates, Inc. $620, 000. 00 Pat ch i n & Associates, Inc. $382., 000. 00 (The estimated acquisition cost submitted with the preliminary application was $280, 000. 00. ) Mn/DOT' s Right-of-Way Department has indicated that they will certify the $382, 000. 00 appraisal. The owner, Watson Investments, Inc. has expressed a willingness to sell at the lower appraisal amount, $382, 000. 00. Metropolitan Council staff says the current balance in the revolving loan fund is adequate to cover a transaction for- this orthis amount. _ The City must now execute a loan agreement and submit it with other documents as the "Final Loan Application" to Metropolitan Council. T. H. 101 Bypass Sept. 27/Memorandum Page 2 Once approved by Met Council, the City will receive the loan monies and consummate the purchase of this parcel. The loan amount is calculated as follows: Parcel No. Owner Property Amount 7 Watson Investments, 14. 2 Acres in $382, 000. 00 Inc. the Northwest Quarter and the Southwest Quarter, of Section 11, TWP 115 R 23 Total Acquisition Amount $382, 000. 00 Appraisal Fees : Shenehon & Associates, Inc. 1, 450. 00 Pat ch i n & Associates 1, 800. 00 Estimated Title Evaluation and Processing Costs. (Staff, City Attorney, and Closing Fees) 11800. 00 Total Loan Amount $387, 050. 00 ACTION REQUESTED: Authorize proper City Officials to execute a LOAN AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF SHAKOPEE FOR HIGHWAY RIGHT-OF-WAY ACQUISITION for Parcel Number 7 in the amount of $387, 050. 00- Authorize 387, 050. 00.Authorize proper City officials to submit the loan agreement as FINAL LOAN APPLICATION for loan funds to acquire Parcel Number 7 in the Trunk Highway 101 Bypass Right-of-Way. FS/pmp APP7 Loan Areement Page 3 (1) If any parcel purchased with the loan funds made available herein is conveyed to a highway authority for construction of a highway, the Recipients shall repay the amount specified in paragraph 1A and the amount actually disbursed pursuant to paragraph 1B. (1) If the Council notifies the Recipient that the plan to construct the highway has been abandoned or the anticipated location of the highway changed, the Recipient shall repay the fair market value of the property as determined by sale of the property in accordance with procedures required for the disposition of property. (3) If the property for any other reason is sold, or if the Recipient materially breaches any term of this agreement, the Recipient shall repay the amount specified in paragraph lA and the amount actually disbursed pursuant to paragraph 1B. The Council agrees to notify the Recipient of any such breach and to provide a reasonable opportunity to cure. The Council agrees that upon payment of the specified amount it will discharage the loan. C. Interest. The loan made herein shall bear no interest. D. Agreement to Convey. The Recipient agrees that upon the request of the authority authorized to construct the highway for which this right of way has been reserved, the Recipient will convey the property to the authority at the same price (including costs of appraisal and title examination) which the Recipient paid for the property. E. Rights Reserved. In the event that the Council finds that there has been a failure to comply with the provisions of this agreement, the Council reserves the right to take any and all such action as it deems necessary or appropriate to protect the Council's interest, provided that the Council agrees to notify the Recipient of any such failure to comply and to provide a reasonable opportunity to comply. F. Amendments. The terms of this agreement may be changed or modified by mutual agreement by the parties hereto. Such changes or modific- ations shall be effective only upon the execution of written amendments signed by authorized representatives of the Council and Recipient. G. Compliance with Certain Laws. The Recipient agrees to comply with all applicable laws relating to nondiscrimination, affirmative action, and public purchase, contracting and employment. Loan Agreement Page 4 In particular, Recipient agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, and to take affirmative action that applicants and employees are treated equally with respect to the following: employment, upgrading, demotion, transfer, recruitment, layoff, termina- tion, rates of pay and other forms of compensation, and selection for training. H. Property Maintenance The Recipient agrees to make reasonable efforts to rent and maintain in a manner compatible with the surrounding environment property, as appropriate, acquired with loan funds provided hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives on the day and year first above written. METROPOLITAN COUNCIL By Maurice K. Dorton, Executive Director CITY OF SHAKOPEE ByApproved as to legal Eldon A. Reinke, Mayor City of Shakopee form and adequacy By John K. Anderson, City Administrator Office of Staff Counsel Attest: Judith S. Cox, City Clerk ROWLOAN { ` CITY OF SHAKOPEE Attach-ent "A" T.H. 101 Bypass R.O.W. Reservation Parcel No. 7 That part of the South Half of the Northwest Quarter and the North Half of the Southwest Quarter of Section 11, Township 115 , Range 23 , Scott County, Minnesota, lying southeast of the Southeast right of way of U. S. Highway 169, EXCEPTING THEREFROM THE FOLLOWING: Beginning at the most southerly corner of Outlot A, Valley Mall 1st Addition, Scott County, Minnesota, thence North 51 degrees 29 minutes 55 seconds West a distance of 765.00 feet to the most westerly corner of said Outlot A, thence North 38 degrees 30 minutes 05 seconds East a distance of 598.56 feet, thence North 13 degrees 25 minutes 04 seconds East a distance of 247 .68 feet, thence North 51 degrees 29 minutes 55 seconds West a distance of 60.00 feet to the Southeasterly right of way of U.S. Highway 169, thence South 38 degrees 30 minutes 05 seconds West along said U.S. Highway 169 right of way a distance of 2175.49 feet, thence South 19 degrees 09 minutes 39 seconds West a distance of 188.71 feet, thence South 38 degrees 30 minutes 05 seconds West a distance of 52.80 feet, thence South 00 degrees 10 minutes 45 seconds East a distance of 158.19 feet to the southerly line of said North One—half of the Southwest Quarter, thence North 86 degrees 56 minutes 16 seconds East along said southerly line a distance of 1249.74 feet, thence North 00 degrees 08 minutes 24 seconds West a distance of 266.52 feet, -thence North 38 degrees 30 minutes 05 seconds East a distance of 669.60 feet to the point of beginning. All that part of the South Half of the Northwest Quarter of said Section . 11. All that part of Valley Mall First Addition, Scott County, Minnesota situated in the North Half of the Southwest Quarter of said Secion 11. All that part of Minnesota Valley 1st Addition, Scott County, Minnesota situated in the North Half of the Southwest Quarter of said Section 11. All that part of Minnesota Valley 3rd Addition, Scott County, Minnesota situated in the North Ralf of the Southwest Quarter of said Section 11 . All that part of Minnesota Valley 5th Addition, Scott County, Minnesota situated in the North Half of the Southwest Quarter of said Section 11 . All that part of said North Half- of the Southwest Quarter of Section 11, lying northerly of the southerly right of way of 12th Avenue, according to plat of said Minnesota Valley 5th Addition and lying northerly of the southerly right of way of 12th Avenue, according to the plat of said Minnesota Valley 1st Addition. CC9 OOb 0 00*7 1 12 .rtr n\ � Y..Y•y I 1 � \ = I t o Ell \ 177 LrETuw�iT';ar rti..SJ�• -�-�_�^ I41 I I 1-� '�1� _ �` I I �I � a ia,aro I_ 7Ar I •N1 fYt 1► ��CF.'�� �` • I � - 7ArNl 2/ 9 I , I1.�1 .a I ` :I I s +y r�>• `� r' I r 1 ,rY i 101 I 1 I I I 1 101- r• .14 I)Ctrs 1 v �►r 1 ZI r tpulYnw � `'�I � inn.alrnw • I..1 � I_•1 11 . r 1« I y u wa>wnra , I un •OOYx 1f1Y+a f 1 11 � - l7Ll)wf I / 7Trs.Grtw07 1 I 1 1 �i 1oC .jnr 09,�sa / wY•. 11Rc I ✓ �t - 44 I cYr✓' I` ' wY r. c'✓ CTIC Associates, Touche-Ross and Company, Cooper-Lybrand, Don Richards Associates , BPS Associates, and Cooper-Rutter. The cost for a proposed study to review the financial condition and future operation of the cable company ranged between $3 , 000 and $15 , 000. It should be pointed out that the cable company has stated that they are willing to assume the cost of the proposed study. After interviewing each of the six consultants, I believe that five of the six could answer the questions that we need answered before we can consider any concessions. I have been in contact with Jim Clark, United Cable Television District Manager and Dave Pokorney, Chaska City Administrator in proposing Cooper-Rutter to do our cable study. Cooper-Rutter has extensive technical and financial consulting experience in the cable field. In addition, they were the only consultant that stated that they would provide additional suggestions for concessions that have not been considered by the City or the cable company. The cost estimate for the proposed study by Cooper-Rutter is between $10, 000 and $15, 000. In the past Cooper-Rutter has done cable studies for the cities of Milwaukee and Dallas as well as the Sherburn-Wright County Cable Commission in Minnesota. I am confident that Cooper-Rutter will provide the City of Shakopee, the City of Chaska, and Zylstra-United Cable Television with a document that will give us a detailed understanding of the issues involved and the financial reliability of the cable system. In addition, their extensive experience should be useful in helping us develop a position of negotiation or non-negotiation. Alternatives 1. Authorize staff to work with Cooper-Rutter, Zylstra-United and the City of Chaska in completing a review of the cable company' s existing and projected financial position. 2. Do not proceed in pursuing the hiring of a cable consultant to perform an analysis of our cable system. 3 . Grant the cable concessions as proposed by the cable company. Staff Recommendation Staff recommends alternative No. 1. Action Requested Move to authorize staff to work with Cooper-Rutter, Zylstra-United and the City of Chaska in completing an analysis of Zylstra-United' s existing and projected financial condition. BAS/jms 13,Z MEMO TO: John K. Anderson, City Administrator FROM: Barry A. Stock, Administrative Intern RE: Cable Consultant Selection DATE: October 1 , 1985 Introduction On Tuesday, September 24 , 1985 a special City Council meeting was held to discuss the cable company' s proposed concessions. At that time the City Council authorized staff to work with Chaska city officials in hiring an independent financial consultant to review the cable company' s financial condition and proposed concessions. Background On September 3 , 1985 the City of Shakopee received a formal request for modifications to the cable franchise ordinance from United Cable Television; the current managing partner of the Shakopee Cable System. At the September 24 , 1985 special worksession of the Shakopee City Council Zylstra-United management, Shakopee residents, Chaska city officials, and members of the Shakopee Cable Communications Advisory Committee commented on the concessions as proposed by Zylstra-United. After hearing comments from all the parties involved, the Shakopee City Council authorized staff to work with the City of Chaska and the cable company in hiring a financial consultant who could complete an investigation and analysis to answer the following questions. 1. Could the cable company as it currently exists be made to operate profitably, and if so, over what time scale? 2. How does the current financial position of the cable company and their operating methods compare to industry standards and is their position reasonable given the cable industry as it exists today? 3. How did the cable company' s operation in the past compare to industry standards? 4. Given the company' s proposed concessions at what point will the cable company experience a positive cash flow? In conclusion, the City Council was concerned that granting any concessions at this point would be futile if indeed they would simply be a band-aid solution to a long term problem. With that, staff has contacted the following cable consultants: FOURTH PRECINCT Regular Judges Glenda Spiotta, Co-Chrm. Diane Karst Sylvester Gerold Sharon Fernholz Add' l Judges Lillian Weinandt, Cc-Chrm. Marie Czaja Muriel Koskovich Dolores Morke FIFTH PRECINCT Regular Judges Virgilla Geske, Chrm. Rudy Maurine Carol Link Add' 1 Judges Rita Steinhoff Brenda Fonder Pat Pass 2. The Election Judges shall be compensated for their work at the rate of $3 . 40 per hour and the Chairman of the Election Judges shall be compensated at the rate at $3 . 90 per hour. 3 . The proper officials be and hereby are authorized and directed to do and perform all acts necessary to carry out the terms , intents, and purposes of this Resolution. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1985. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1985. City Attorney RESOLUTION NO. 2424 A RESOLUTION APPOINTING JUDGES OF ELECTION, AND ESTABLISHING COMPENSATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that: 1. The following persons are hereby appointed Judges of Election for the five polling precincts within the City of Shakopee designated in Resolution No. 2021 , adopted July 6 , 1982 : FIRST PRECINCT Regular Judges Winnie Anderson, Chrm. Dorothy Breimhorst Susan Niewind Ruth O' Reilley Marie Kocks Add' 1 Judges Ann Noterman Lillian Konisca Joan Hart Marcie Schmitt SECOND PRECINCT Regular Judges Marcia Snagnolo, Co-Chrm. Bervl Barrett Carol Bishop Barbara Runge Add' 1 Judges Paulette Rislund, Co-Chrm. Chervl Bannerman Connie Bernes Marilyn Lang Joanne Kruger THIRD PRECINCT Regular Judges Maetta Jurewicz , Chrm. Joyce Schwartz Loretta Jaspers Marinda Schmit Add' 1 Judges LeVaun Schmitt Bernadette Gerlach Candy Kragthcroe f FOURTH PRECINCT Regular Judges Glenda Spiotta, Co-Chrm Diane Karst Sharon Fernholz Add' l Judges Lillian Weinandt Co-Chrm. Marie Czaja Muriel Koskovich Dolores Morke FIFTH PRECINCT Regular Judges Vir gilla Geske, Chrm Carol Link Rudy Maurine Add' 1 Judges Rita Steinhoff Brenda Fonder Pat Pass 2. The Election Judges shall be compensated for their work at the rate of $3 . 40 per hour and the Chairman of the Election Judges shall be compensated at the rate at $3 . 90 per hour. 3 . The proper officials be and hereby are authorized and directed to do and perform all acts necessary to carry out the terms, intents, and purposes of this Resolution. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1985 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1985 . City Attorney GOr77101& fe RESOLUTION NO. 2424 Ga A RESOLUTION APPOINTING JUDGES OF ELECTION, AND ESTABLISHING COMPENSATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that: 1. The following persons are hereby appointed Judges of Election for the five polling precincts within the City of Shakopee designated in Resolution No. 2021 , adopted July 6 , 1982 : FIRST PRECINCT Regular Judges Winnie Anderson, Chrm. Dorothy Breimhorst Susan Niewind Ruth O'Reilley Marie Kocks Add' 1 Judges Ann Noterman Lillian Kopisca Joan Hart Marcie Schmitt SECOND PRECINCT Regular Judges Marcia Spagnolo, Co-Chrm. Add' l Judges Paulette Rislund, Co-Chrm. Cheryl Bannerman Connie Bernes Marilyn Lang Joanne Kruger THIRD PRECINCT Regular Judges Maetta Jurewicz , Chrm. Add' 1 Judges MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk \-f1 RE: Appointment of Election Judges DATE: September 23 , 1985 Introduction It is necessary for Council to appoint individuals to serye as election judges for the upcoming City election, at this time. Background The attached resolution appoints election judges to serve at the November 5th election. The individuals have all been contacted and agreed to serve. They have all worked as election judges in the past. The compensation of $3 . 40 per hour for judges and $3 . 90 per hour for chairman is what was paid last year during the presidential election and is included in the 1985 budget. Action Reguested Offer Resolution No. 2424 , A Resolution Appointing Judges of Election, and Establishing Compensation, and move its adoption. JSC/jms f C_T -r OF" SHAK0T-> INCORPORATED 1870 * ENGINEERING DEPARTM-ENT 129 E. 1st Avenue - Shakopee, Kinnesota 55379-1376 (612) 445-3550 To: John k. Anderson, City Administrator' r From: -H. R. Spurrier, City Engineer subject : Traffic Control for Fourth Avenue — Date: July 2, 1985 INTRODUCTION Accidents at Shenandoah Drive and Fourth Avenue resulting from a combination of speed and failure to yield proper right of way prompted the Engineering Department to investigate passible alter- natives which w_It_lld correct the problem.. BACKGROUND I discussed this matter with Chief Brownell and with the traffic engineers at Barton-Aschmartn. The result of ,.ha,, discussiaYt was a compilation of alt-ernatives that consisted of the following measures: 1. install 4-way stop* signs. . Reduce speed prior . to the reconstruct- ion of Fourth. Avenue and attach advises r'y sign to the stop sl-mns to warn Shenandl ah Drive traffic that "CROSS TRAFFIC DOES NOT STC;:"'. Install st' p sigrt _rt Fot_lrth Avenue. installatlori of 4-way stop s/-mYts W=ind be unwarranted in a technical sense because Fourth Avenue carries the greatest amount of t raf f i-c. the Chief and I had a preference for this alternative until I spy eke to Barton'-Aschmann. I was convinced that it would nol. be prudent to istall the 4-way stop now but wait and see if the other less radical. methods worked. The City will be signing Fourth Avenue 317, riiiles per hour. after reconstrt_1Ction. Signing -prier to r'er^_nStr^?.Ctl :n rneans that the Street Department Would have to be reirnbursed by the .prr,lect . so the Street Department budget would be untouched. At,dinn the advisory signs she existing stop Signs Would do a better jiiob of stoppir,g Shenandoah Drive traffic. Installing a Swap Sign =in Fourth Avenue on , %', i5 contrary ti, the Unl f orm Traffic Manual and was not- preferred by anyonE. JiidrioPee Citi C0unCil .iuly 2 1985 ijage 8 � W The City Engineer discussed his memo regarding traffic control for 4th Avenue. Cncl. Leroux stated he thought a 30 m.p.h. speed limit was ridi- culously slow. The City Engineer replied that they want the traffic to go about 40 m.p.h. , and to do that they have to sign it at 30 m.p.h. , because if it is signed at 40 m.p.h. , the traffic will go 50 m.p.h. Leroux;/Vierling moved to authorize the Street Dept. to install 40 m.p.h. speed limit signs on Fourth Avenue between CR-17 and CR83, leaving it 30 m.p.h. where it is now, with funding of the cost of signs and installation from the Racetrack fund. Motion carried with Cncl. Colligan and Lebens opposed. The City Admr. said the Police Deptis working on shutting down the sale Of tip sheets on Hwy. 101 and the Bloomington Ferry Bridge. The City Admr, explained the new Federal law regarding compensation for volunteer firemen who work for municipalities as it relates to overtime hours. He is checking out the ramifications further with other cities and the League. Leroux;/Wampach moved for a five minute recess at 10:36 p.m. Motion carried unanimously. Colligan/Lebens moved to re-convene at 10:45 p.m. Motion carried_ unani- mously. Colligan/Lebens moved to recess for Executive Session. Motion carried unanimously. Leroux/Colligan moved to reconvene at 12:05 a.m. Motion carried unanimously. Leroux/Vierling moved to adjourn to July 9, 1985 at 7:00 p.m. Motion carried unanimously. Meeting adjourned at 12:05 a.m. Judith S. Cox City Clerk Diane Beuch Recording Secretary a RESOLUTION NO. 2447 A RESOLUTION REQUESTING THAT THE MINNESOTA DEPARTMENT OF TRANSPORTATION CONDUCT AN ENGINEERING AND TRAFFIC INVESTIGATION TO DETERMINE REASONABLE AND SAFE SPEED LIMITS ON 4TH AVENUE BETWEEN COUNTY ROAD 17 AND COUNTY ROAD 83 WHEREAS, the City of Shakopee has experienced accidents at the intersection of Shenandoah Drive and 4th Avenue resulting from a combination of speed and failure to yield proper right-of-way, and WHEREAS, the Engineering Department of the City of Shakopee has investigated possible alternatives for the correction of the traffic problem including the installation of a 4-way stop, changing the stop signs from Shenandoah to 4th Avenue and changing the speed limit, and WHEREAS, the City Council of the City of Shakopee wishes to install speed limit signs at 40 m.p.h. to resolve the current accident problem. NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SHAKOPEE, MINNESOTA, that the City formally requests that the Minnesota Department of Transportation conduct an engineering and traffic investigation to determine the reasonable and safe speed limits for 4th Avenue in the City of Shakopee from County Road 83 to County Road 17 . Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of 1985. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1985. City Attorney a MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator f RE: 40 Mile P er Hour Speed Limit on 4th Avenue DATE: September 25 , 1985 Introduction The Shakopee City Council, at its July 2 , 1985 meeting passed a motion directing City staff to install 40 m.p.h. speed limit signs on 4th Avenue between County Road 17 and County Road 83 . Problem Attached is a letter from J. S. Katz, P.E. District Traffic Engineer dated September 12 , 1985 informing the City that it has placed unauthorized 40 m.p.h. speed limit signs on 4th Avenue. I reviewed Mr. Katz ' s letter with our engineering consultant and he confirmed that cities are authorized to establish 30 m.p.h. and 55 m.p.h. speed limits because they are Mn/DOT standards and receive automatic acceptance by Mn/DOT. Any speed limit other than a 30 or 55 m.p.h. speed limit does not fit regular established Mn/DOT standards and requires formal Mn/DOT review. To obtain the required Mn/DOT review the City must submit a resolution requesting that Mn/DOT study the street in question to determine if the municipality' s requested speed limit is appropriate. Alternatives 1• The City can return 4th Avenue speed limits to those along 4th Avenue prior to Council ' s action on July 2nd. This alternative would perhaps confuse motorists even more and it would not address the traffic concerns outlined in the City Engineer' s original memo of July 2 , 1985 (memo attached) . 2. The City can submit a resolution to Mn/DOT requesting that 4th Avenue be studied and indicating that the City would like to establish a 40 m.p.h. zone on 4th Avenue. This alternative would not require any change if Mn/DOT concurred with the City. If Mn/DOT does not concur with with City after the completion of the study we will have to change the signage. While the City awaits the completion of the study the Police Department simply will not enforce the 40 m.p.h, speed limit on 4th Avenue. Recommendation Staff recommends alternative No. 2 to bring us into compliance with Mn/DOT requirements. Action Requested Approve Resolution No. 2447 formally requesting that Mn/DOT study 4th Avenue from County Road 17 to County Road 83 for the Purpose ofhestablishing a new speed limit at the requested speed RESOLUTION NO. 2441 A RESOLUTION AMENDING THE CITY OF SHAKOPEE PERSONNEL POLICY ADOPTED BY RESOLUTION NO. 1571 WHEREAS, Resolution No. 1571 was adopted by the City to provide reasonable and clear expectations of the conditions of employment for it' s employees; and WHEREAS, it is necessary to amend certain sections of Resolution No. 1571 from time to time to maintain reasonable and clear conditions of employment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF '1HE CITY OF SHAKOPEE, MINNESOTA, that Section 10, Subd. 2 "Sick Leave: Purpose" of the City of Shakopee Personnel Policy (Resolution No. 1571) is hereby amended to read as follows: Sick leave may be granted when the employee is unable to perform work duties due to illness, disability, the necessity for medical, dental or chiropractic care, childbirth, or exposure to contagious disease where such exposure may endanger the health of others with whom the employee would come in contact in the course of performing work duties. Sick leave may also be granted for a maximum of three days per ocurrance for death or serious illness of an employee's immediate family. Sick leave may also be granted for a maximum of three days per year for the care of dependents who are ill. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1985. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1985. City Attorney RESOLUTION NO. 2441 A RESOLUTION AMENDING THE CITY OF SHAKOPEE PERSONNEL POLICY ADOPTED BY RESOLUTION NO. 1571 WHEREAS, Resolution No. 1571 was adopted by the City to provide reasonable and clear expectations of the conditions of employment for and it's employees; WHEREAS, it is necessary to amend certain sections of Resolution No. 1571 from time to time to maintain reasonable and clear conditions of employment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that Section 10, Subd. 2 "Sick Leave: Purpose" of the City of Shakopee Personnel Policy (Resolution No. 1571) is hereby amended to read as follows: Sick leave may be granted when the employee is unable to perform work auties due to illness, disability, the necessity for medical, dental or chiropractic care, childbirth, or exposure to contagious disease where such exposure may endanger the health of others with whom the employee would come in contact in the course of performing work duties. Sick leave may also be granted for a maximum of three days for death or serious illness of an employee's immediate family. These three days may also be used for for the care of dependents who are ill. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1985. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1985. City Attorney J Memo To: John K. Anderson, City Administrator l 2 From: Marilyn M. Remer, Personnel Re: Sick Leave for Sick Dependents Date: September 23, 1985 Introduction & Background City Council directed staff to draft a Resolution amending the Personnel Policy to allow that the three days of sick leave per year that can be presently used for death or serious illness would be available for illness of dependent children. Resolution No. 2441 amends the current Personnel Policy to allow for such provision. Upon discussing this amendment with you, several other questions arose that might be resolved by handling the 3-days somewhat differently. Staff has previously discussed clarifying the three day allowance for death or serious illness as per occurance. The present Personnel Policy does not specifically state per year and could be interpreted to mean per occurance. It would be very rare, but a death or serious illness could ocurr more than once in a family. Resolution No. 2441 Alternate #1 would be interpreted that an employee who uses the .three days for care of a sick dependent could not use another three days from his/her sick bank in the event of a death or serious illness. Resolution No. 2441 Alternate f2 would add the words per occurance for the three days allowed for death or serious illness. In addition, three days per vear would be allowed for the care of sick dependents. (Not referring to the same three days allowed for death or serious illness.) Alternatives Council must decide whether Resolution No. 2441 Alternative YI or f`2 presents the sick policy they would like implemented. Action Requested Move that Council approve Resolution No. 2441, A Resolution Amending the City of Shakopee Personnel Policy Adopted by Resolution No. 1571. CERTIFICATE OF COMPLETION CONTRACT NO, : 19 4-4 DATE : Se;temher 27 198 PROJECT DESCRIPTION : Shenandoah Drive Street Construction CONTRACTOR: Buesing Brothers Trucking, Inc. 2285 Daniels Street Long Lake, M 55356 ORIGINAL CONTRACT AMOUNT , , , , , , , , , , , $ 237,972. 30 QUANTITY CHANGE AMOUNT , , , , . , . , , $ 24,511.65 CHANGE ORDER N0, _�` THRU NO, - _� AMOUNT . , $ 8, 920.00 FINAL CONTRACT AMOUNT . , , , , , , , , 271,403. 95 LESS PREVIOUS PAYMENTS $ 270,403- 95 FINAL PAYMENT _ 1,000.00 I, hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the some has been fully completed in all respects according to the contract, together with any modifications approved by City Council , I, therefore, recommend above specified final payment be made to the above named Contractor, Professional Engineer a PARTIAL ESTIMATE VOUCHER Contract No. 1984-4 Partial Estimate Voucher No. 8 Period Ending: September 27, 1985 TO: Contractor Buesin❑ Brothers Truckin❑ Inc. Address 2285 Daniels Street Lono Lake MN 55356 Project Description Shenandoah Drive Street Construction 1. Original Contract Amount $237,972.30 2. Change Order No. i Thru No. 5 $ 8,920. 00 3. Total Funds Encumbered $246, 892. 30 _ 4. Value of Work Completed $271.403. 95 Value of Work 5. -0- Percent Retainage $ -0- Remaining 6. , Previous Payments $270,403. 95 $ -0- _ 7. Deductions or Charges $ 1. 000. 00 Percent Complete B. Total $270,403. 95 100% Payment Due (Line 4 - 8) $ 1.000. 00 CERTIFICATE OF PAYMENT (I, We) hereby agree that the quantity and value of work shown herein is a fair estimate of the work completed to date. CONTRACTOR BY TITLE APPROVED - CITY OF SHAKOPEE Project Engineer Date City Administrator Date v RESOLUTION NO. 2449 A Resolution Accepting Work On The Shenandoah Drive Street Construction �n Contract No1984-4 WHEREAS, pursuant to a written contract signed with the City of Shakopee on September 27, 1984, Buesing Brothers Trucking, Inc. , 2285 Daniels Street, Long Lake, MN, 55356 has satisfactorily completed the Shenandoah Drive Street Construction, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under- said contract is hereby accepted and approved ; and RE IT FURTHER RESOLVED, that the City Clerk and Mayer are hereby directed to issue a proper order for the final payment n such contract in the amo=unt of $ 1, 000- 00, taking the contractor' s receipt in full. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 19 mayor of the City of Shakopee ATTEST: City Clerk. Approved as to form this day of , 19 City Attorney J,, 9 C2 'I' Y Off_ SH IfCD_F- E 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: Shenandoah Drive Street Construction, 3 Contract No. 1984-4 DATE: September 27, 1985 INTRODUCTION: Council action is required for a resolution accepting work and making final payment on the Shenandoah Drive project. BACKGROUND: All of the work for this protect has been completed in accord- ance with the contract documents. Barton-Aschman Associates, Inc. has certified the completion and recommends final payment be made. ACTION REQUESTED: Adopt Resolution No. 2449, A Resolution Accepting Work On Shen- andoah Drive Street Construction, Contract No. 1984-4. The Resolution directs the appropriate City officials to make final payment to Buesing Brothers Trucking Inc. , 2285 Daniels Street, Long Lake, MN 55356, in the amount of $1, 000. 00. FS/pmp MEM2449 t SEP 3 0 1*6-In R] }-iAKOPE- CtTYC7F � [: league of minnesota cities September 27 , 1985 TO: Mayors , managers , and clerks RE: POSSIBLE STATE REVENUE SHORTFALL The state Finance Department' s estimates of state revenues show a likely budget shortfall . The possible range of the shortfall is presently calculated to be anywhere from about $300 to $800 million for the biennium. Tnis potential shortfall could affect 1986 local government aids , and possibly other aids and credits received by cities . Cities should take this possibility into account in preparing their 1986 budgets and in certifying the tax levy to the county auditor. The current state budget includes a $450 million reserve , against tyre Possibility of a revenue shortfall . However, revenue collections to nate have been about $100 million below the estimates used in preparing the budget , so the actual reserve remaining is closer to $350 million. Legislative leaders have indicated that if it does become necessary to cut back expenditures , the first cuts will be made in state agency budgets . Tire next area to be cut would be local government aids (possibly including homestead and other credits) . The last area to be cut would be school aids . Leaders in both parties in both houses are at this time unwilling to consider tax increases to deal with the revenue shortfall . Unfortunately, at this time there is no way to predict or estimate the likely amount of any reduction in local government aids , or even how likely it is that a reduction will be necessary. The League will keep cities informed of developments. university avenue east, st. paul, minnesota 55'1 01 C6 2) 227-5600 q�30��� l q8ll� /d" e�e I- �i^�R-f 7- 20 /•u� CoN�/Yv(er.i� �VV� UJQ � l 2C7�vuO� � �D� cdQ /7U oaO /iS p vv n Aj*as �!/Sfo 7 O G(, (iXIA,sL 1•,4-f- _?.2 7& (a9 q/ Sl.'dL /liJr 7S CuTIS — g$-2-00 of ds a 3 y 7v S Se'o/ e-0.o i 4 ')/,00(.> 3 3 2 3 2 Z-� r 000 l3iv Y4Z � r ityl6J,49'L = 37� d&4dw7a 3f o. RESOLUTION NO. 2445 A RESOLUTION APPROVING 1985 TAX LEVY, COLLECTIBLE IN 1986 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, COUNTY OF SCOTT, MINNESOTA, that the following sums of money be levied for the current year, collectible in 1986, upon the taxable property in City of Shakopee, for the following purposes: GENERAL FUND LEVY $1,211,182 SPECIAL LEVIES: Judgements $ 46,277 Matching Funds _1_.797 TOTAL SPECIAL LEVY $ 48,074 TOTAL GENERAL FUND $1,259,256 DEBT SERVICE: 174 Imp. 15,201 '77-B Imp• 69,366 Public Service Building 107,121 '80 Imp. 33,860 181 Imp. 4,204 '85 Imp. 527 TOTAL DEBT SERVICE $ 230,279 TOTAL CITY LEVY $1,489,535 BE IT FURTHER RESOLVED, that the City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Scott County, Minnesota. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1985. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1985 City Attorney � G RESOLUTION NO. 2444 -. A RESOLULTION DIRECTING THE COUNTY AUDITOR NOT TO LEVY �O A TAX FOR DEBT SERVICE FOR SELECTED BOND ISSUES WHEtcEAS, the City Council of the City of Shakopee has issued G.O. Improvement Bonds of 1975, G.O. Improvement Bonds of 1976, G.O. Improvement Bonds of 1977-C, and G.O. Improvement Bonds of 1980; and WHEREAS, the tax levy for 1985 collectible in 1986, as set at the time of the bond sales is $405.00, $10,638.00, $27,719.00, $55,860.00; and WHEREAS, the City Council of the City of Shakopee has determined to have sufficient funds on hand to cancel these tax levies; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOYEE, MINNESOTA, that the County Auditor of Scott County is hereby directed not to levy a tax in the amount of $405.00 collectible in 1986 for G.O. Improvement Bonds of 1975, and not to levy a tax in the amount of $10,638.00 collectible in 1986 for the G.O. Improvement Bonds of 1976, and not to levy a tax in the amount of $27,719.00 collectible in 1986 for the G.O. Improvement Bonds of 1977-C, and not to levy a tax in the amount of $22,00.000 collectible in 1986 for the G.O. Improvement Bonds of 1980. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of , 1985. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1985. City Attorney ff � l � RESOLUTION NO. 2443 A RESOLUTION CONSENTING TO THE LEVY OF A SPECIAL TAX BY THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE WHEREAS, the Housing and Redevelopment Authority in and for the City of Shakopee was created pursuant to Minnesota Statutes, Section 462.411 et. seq. , as amended, and WHEREAS, Minnesota Statutes 1965, Section 462.545 designates all the territory within the area of operation of the authority as taxing districts for the purpose of levying and collecting a special benefit tax, and WHEREAS, Section 462.545 states that the special levy shall not exceed 10 cents on each $100 of taxable valuation in the area of operation, and WHEREAS, MSA 273 .1102 states that any tax rate shall not exceed 33.33 percent of such maximum tax rate specified by law or charter. WHEREAS, Section 462.545 states that the governing body of the municipality must give its consent to such a tax levy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the City Council consents to and joins in a special tax levy of $25,000 by the Housing and Redevelopment Authority in and for the City of Shakopee for taxes payable in 1986. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1985. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1985. City Attorney TO: John K. Anderson, City Administrator �. FROM: Gregg Voxland, Finance Director RE: 1986 Budget DATE: September 25, 1985 Introduction and Background Attached are resolutions that consent to the levy of a tax by the HRA, cancel certain debt service levies and levy the taxes for payable 1986. The resolutions are drafted in accordance with budget discusions up to this date. The City tax levy makes full use of the levy limits by restricting the use of special levies for the General Fund. The resolution actually adopting the 1986 Budget will follow at a later date when a revised budget document can be attached. Council should adopt the three resolutions as proposed unless there changes to levies they want to make. Action Requested Move Resolution No. 2443, 2444 and 2445. relating to the Project and bonds issued in connection therewith. The 1Tayor, City Attorney, and other officers, employees and agents of the City are hereby authorized to assist Bond Counsel in the preparation of such documents. 4. In accordance with 'Tinnesota Statutes, Section 474.01, Subdivision 11, the City Administrator and other officers, employees and agents of the City are hereby authorized and directed to encourage the Developer to provide employment opportunities to economically disadvantaged or unemployed individuals. Such individuals may be identified by such mechanisms as are available to the City, including a first source agreement in which the Developer agrees to use a designated State employment office as a first source for employment recruitment, referral, and placement. 5. The adoption of this Resolution shall not be deemed to establish any legal obligation on the part of the City or its Council to issue or cause the issuance of the Bonds. The City retains the right in its sole discretion to withdraw from participation and accordingly not issue the Bonds, or issue the Bonds in an amount less than the amount referred to herein. 6. If the final resolution for the Bonds does not occur prior to twelve months from the date of this resolution, or any subsequent resolu- tion providing any extension thereof, this Resolution shall expire and be of no further effect. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of 1985. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1985. City Attorney -3- 1 WHEREAS, the City has been advised that conventional, commercial financing to pay the capital cost ofthe Project is available at such costs of borrowing that the economic feasibility of operating the Project would be significantly reduced, and, therefore, the City finds that but for the aid of municipal financing, and its resulting lower borrowing cost, the Project would not be economically feasible; and WHEREAS, this Council has been advised by a representative of the Developer that on the basis of information submitted to them and their discussions with representatives of area financial institutions and potential buyers of tax- exempt bonds, industrial development revenue bonds of the City could be issued and sold upon favorable rates and terms to finance the Project; and WHEREAS, the City is authorized by Minnesota Statutes, Chapter 474, to issue its revenue bonds to finance the cost, in whole or in part, of the acquisition, construction, reconstruction, improvement or extension of capital projects consisting of properties used and useful in connection with a revenue producing enterprise, such as that of the Developer, and the issuance of such bonds by the City would be a substantial inducement to the Developer to construct its facility in the City; and WHEREAS, on the basis of information given the City to date, it appears that it would be in the best interest of the City to issue its industrial development revenue bonds under the provisions of Chapter 474 to finance the Project of the Developer in an amount presently estimated not to exceed $850,000. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The Project is hereby given preliminary approval by the City and the issuance of the revenue bonds for such purpose and in such amount is preliminarily approved, subject to approval of the Project by the Minnesota Department of Energy and Economic Development and to the mutual agreement of this body, the Developer and the initial purchaser of the bonds as to the details of the bonds and provisions for their payment. In all events, it is understood, however, that the bonds of the City shall not constitute a charge, lien or encumbrance legal or equitable upon any property of the City except the Project, and the bonds, when, as, and if issued, shall recite in substance that the bonds, including interest thereon, are payable solely from the revenues received from the Project and property pledged to the payment thereof, and shall not constitute a debt of the City. 2. In accordance with '_Minnesota Statutes, Section 474.01, Subdivision 7a, the Mayor of the City is hereby authorized and directed to submit the proposal for the Project to the Minnesota Department of Energy and Economic Development for approval of the Project. The Mayor and other officers, employees and agents of the City are hereby authorized to provide the Minnesota Department of Energy and Economic Development with any preliminary information needed for this purpose, and the City Attorney is authorized to initiate and assist in the preparation of such documents as may be appropriate to the Project, if it is approved by the Minnesota Department of Energy and Economic Development. 3. The law firm of Holmes do Graven, Chartered, is authorized to act as Bond Counsel and to assist in the preparation and review of necessary documents -2- RESOLUTION NO. 2442 RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE \IUIxTICIPAL INDUSTRIAL DEVELOPMENT ACT, REFERRING THE PROPOSAL TO THE MINNESOTA ENERGY AND ECONOMIC DEVELOPMENT AUTHORITY FOR APPROVAL, AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS WHEREAS, the welfare of the State of Minnesota (the "State") requires active promotion, attraction, encouragement and development of economically sound industry and commerce through governmental acts to prevent, so far as possible, emergence of blighted lands and areas of chronic unemployment, and it is the policy of the State to facilitate and encourage action by local government units to prevent the economic deterioration of such areas to the point where the process can be reversed only by total redevelopment through the use of local, state and federal funds derived from taxation, with the attendant necessity of relocating displaced persons and of duplicating public services in other areas; and WHEREAS, technological change has caused a shift to a significant degree in the area of opportunity for educated youth to processing, transporting, marketing, service and other industries, and unless existing and related industries are retained and new industries are developed to use the available resources of the City of Shakopee (the "City"), a large part of the existing investment of the community and of the State as a whole in educational and public service facilities will be lost, and the movement of talented, educated personnel of mature age to areas where their services may be effectively used and compensated and the lessening attraction of persons and businesses from other areas for purposes of industry, commerce and tourism will deprive the City and the State of the economic and human resources needed as a base for providing governmental services and facilities for the remaining population; and WHEREAS, the increase in the amount and cost of governmental services requires the need for more intensive development and use of land to provide an adequate tax base to finance these costs; and WHEREAS, a representative of Scottland, Inc., a :Minnesota corporation, or a partnership of which Scottland, Inc. will be a partner (the "Developer") has presented this City Council (the "City Council") of the City with information concerning a proposed project (the "Project") to be undertaken within the City; and WHEREAS, the existence of the Project in the City will contribute to more intensive development and use of land to increase the tax base of the City and overlapping taxing authorities and maintain and provide for an increase in opportunities for employment for residents of the City, including economically disadvantaged or unemployed individuals; and -1- t Jz6 MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Application for $850 , 000 IR Bonds from Scottland, Inc . DATE: September 26, 1985 Introduction On September 17, 1985 Council held a public hearing on the application of Scottland, Inc. for $850 , 000 IR Bonds for an office/warehouse to be located on Lot 1, Block 2 , Canterbury Park 1st Addition which lies West of Valley Park Drive and South of Valley Industrial Boulevard North. After the public hearing, Council directed staff to prepare the resolution giving preliminary approval when the final plat of Canterbury Park 1st Addition is approved. Background Planning Commission has recommended approval of the plat of Canterbury 1st Addition. Council consideration of the plat should be on the October 1st agenda prior to consideration of the IR Bond application of Scottland. The application of Scottland is in order. It has been reviewed by the Assistant City Attorney, City' s Bonding Counsel as well as various city departments. Alternatives 1. Approve application by adopting appropriate resolution. 2. Deny application. 3 . Table application. Recommendation Alternative Number 1 , if the plat has been approved. Action Requested Offer Resolution No. 2442 , A Resolution Giving Preliminary Approval to a Project Under the Municipal Industrial Development Act, Referring the Proposal to the Minnesota Energy and Economic Development Authority for Approval, and Authorizing Preparation of Necessary Documents , and move its adoption. JSC/jms 3 t Total revenue change $127 , 185 Total expenditure change (326 , 990) ( 199 , 8u5 ) Water slide taken from fund balance 165 , 0 /5 Net change to contingency ( $34, 730) Contingency balance as of August 31 , 1985 and before the above change is $148 , 918 . 2- --------- G�— 38 , 850 Government Buildings 01-4320-181-18 Engineering remodel 2 , 150 01-4320-181-18 Various - Houser 4, 785 01-4320-183-18 E. C . Parking lot paveing 3 , 950 10 ,885 ICC 01-4310-221-22 ICC Day 5 ,425 5 ,425 Police 01-4130-319-31 Code enforcement 3 ,000 01-4230-311-31 Office Remodel 15 , 000 01-4511-311-31 Typewriter 1 ,005 19 , 005 Fire 01-4230-321-32 Building remodel ( 84/85 ) 10 ,000 01-4230-321-32 Garage doors 9 , 8u0 19, 8u0 Inspection 01-4210-331-33 Comm. Svs . telephones 800 01-4390-331-33 Code books 385 1 , 185 Shop 01-4230-441-44 Garage doors 10, 000 10 ,000 Pool --------- 01-4230-617-61 Paint & awning 1 , 550 01-4330-618-61 Slide 305 01-4511-618-61 Slide 153 ,660 01-4511-618-61 Slide 11 ,415 166 , 930 Unallocated 01-4710-911-91 C . S. transfer 2,000 2, 000 Total expenditures $326 , 990 r 985 Budget Amendments - 9/25/85 evenue increases 01-3132 Building Permits $35 , 000 01-3134 Mechanical Expense 15 ,000 01-3137 Electrical Permits 11 ,000 01-3511 Plan Checks 22 , 000 01-3514 Plat/Rezone/C . U. 5 , 000 01-3539 Water Slide 12 ,000 01-3511 Pool Admissions 4, 000 01-3320 Grants 8 , 170 01-3527 Pool Concessions 1 , 000 01-3890 Miscellaneous 10 , 000 01-3540 Season Tickets 1 ,000 01-3900 Transfer - Rev . Sh. 3 ,015 127 , 185 :penditure increases Insurance 01-4360-911-91 47 ,000 Administration 01-4100-121-12 Wages 4, 000 01-4140-121-12 PERA 170 01-4141-121-12 FICA 285 01-4511-121-12 Typewriter 1 , 005 5 , 460 City Clerk 01-4321-131-13 Telephone 450 450 Community Development 01-4100-171-17 Wages 11 ,000 01-4112-171-17 Overtime 1 , 700 01-4140-171-17 PERA 470 01-4141-171-17 FICA 790 01-4310-171-17 Temporary staff 1 , 900 01-4350-171-17 Brochures 13 , 000 01-4511-171-17 Typewriter 1 ,005 01-4100-178-17 Wages 2 , 500 0'1-4140-178-17 PERA 110 01-4141-178-17 FICA 175 01-4141-178-17 H & L Insurance 225 01-4210-178-17 Supplies 3 , 250 01-4310-178-17 Prof Svs . 150 01-4319-178-17 Promotions 2 ,310 01-4320-178-17 Postage 100 01-4321-178-17 Telephone 20 01-4330-178-17 Travel & Sub . 40 01-4390-178-17 Conferences & schools 100 01-4391-178-17 Dues & subscriptions 5 r � Miscellaneous 10,000 Transfers - Revenue Sharing 3 ,015 Total Revenue Increases 127,185 Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1985. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1985. City Attorney Resolution Number 2448 A Resolution amending Resolution Number 2340 adopting the 1985 Budget. WHEREAS, the Shakopee City Council did pass Resolution No. 2340 adopting the 1985 Budget, and WHEREAS, subsequent events and circumstances make it desirable to amend said budget, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shakopee, Minnesota, that the 1985 General Fund Budget is hereby amended as follows; General Fund Administration Personnel $4,455 Capital 1,005 Clerk Supplies & Services 450 Community Dev. Personnel 16,970 Supplies & Services 20,875 Capital 1,005 Government Bldg. Supplies & Services 10,885 ICC Supplies & Services 5,425 Police Personnel 3,000 Supplies & Services 15,000 Capital 1,005 Fire Supplies & Services 19,800 Inspection Supplies & Services 1,185 Shop Supplies & Services 10,000 Pool Supplies & Services 1,855 Capital 165,075 Unallocated Insurance 47,000 Transfers 2,000 Total Expenditures Increases 326,990 Building Permits $35,000 Mechanical Permits 15,000 Electrical Permits 11,000 Plan Checks 22,000 Plat/Rezone/C.U. 5,000 Grants 8,170 Water Slide 12,000 Pool Admissions 4,000 Pool Concessions 1,000 Season Tickets 1,000 TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director C2� RE: 1985 Budget Amendment Resolution No. 2448• DATE: August 26, 1985 Introduction and Background Council has taken action on or approved of many items since the first of the year that impact on the 1985 Budget. The attached Resolution implements those changes, adjusts the budget for salaries in Administration and Community Develop- ment and provides for garage door repalcement at the shop and fire station and police office remodeling as was discussed at a recent 1986 budget discussion. The salary changes for the two departments are mainly the result of allocations, not additional people. There was 3% built into the budget for salary increases and the actual adjustment for the year was 5%. There is $30,000 earmarked in contingencies for salaries and this amendment will use about one half of it. The garage door replacement and police remodeling are coming from contingency as you can see from the $34,730 decrease in contingency at the end of the enclosed aetail schedule. Remodeling and doors are expected to cost $34,800. The water slide is funded from fund balance. I believe this was Council's intention. The Auditor did make a comment on the relatively large fund balance on hand at the end of 1984. This was due primarily to permit revenues from the track and the prison. The other increases in appropriations are funded by increased revenues for 1985. Action Requested Adopt Resolution No. 2448 �.jont}i September Page _3 ACCOUNTS PAYABLE LEDGER 1985 Debit Acct. Cr. Acct. Amount Batch Remarks Ck. No. Vendor Ck. Amt. /01.4210.311.31 01.1010 7.25 Supplies 19146 Petty Cash ✓01.4330.411.41 01.1010 6.50 Travel & Subsit t 19146 " -'01.4210.151.15 01.1010 1.59 Supplies 19146 ,/ol.4232.331.33 01.1010 4.0o Equip Maint 19146 " /01.4232.311.31 01.1010 3.75 Equip Maint 19146 " -/61.4320-549.41 61.1010 7.89 Postage 19146 " ,01.4320.421.42 01.1010 7.55 Postage 19146 " 01.4321.421.42 01.1010 ( .55) Telephone 19146 " ,/27.4320.548.41 Aet.1010 6.60 Postage 19146 It ,/01.4210.151.15 01.1010 5.00 Supplies 19146 it ,/1-5.4330.191.19 15.1010 3.75 Travel & Subsist 19146 1.4232.426.42 01.1010 10.00 Equip Maint 19146 " ,/01.4320.319.31 01.1010 1.84 Postage 19146 65.17 ,/01.3650.000.00 01.1010 157.16 Refuse Disposal 19147 Bernard McDonnell 157.16 ✓01.3650.000.00 01.1010 127.52 19148 Marjorie Beckrich 127.52 ✓01.3650.000.00 01.1010 229.46 19149 Alice Will 229.46 ✓01.3650.000.00 01.1010 5.79 19150 Mary Mcleran 5.79 ✓01.3650.000.00 01.1010 273.44 19151 Jane Maass 273.44 01.3650.000.00 01.1010 56.56 19152 Ruby Sinnen 56.56 -/ 01-3650-000-00 01.1010 189.29 19153 Rose Voiovich 189.29 -01.3650.000.00 01.1010 171.49 19154 Carol Dvorak 171.49 01.3650.000.00 01.1010 147.28 19155 Rose Marie Becker 147.28 ,101.4320.158.15 01.1010 17.50 Postage 19156 Northern Messenger 17.50 Lx1.4390.131.13 01.1010 26.50 Conf & Schools 19157 City of Maple Grove 26.50 120,-X70-0$ FUND-TOTALS 01 - General Fund $ 12,271.95 14 - Transit 113.62 15 - HRA 3.75 27 - Racetrack 31,566.06 61 - 1985 Improvements 42,718.40 81 - Payroll Trust 33,796.30 $i2o,�70.0� [Ionth September Page _ 2 ACCOUNTS PAYABLE LEDGER 1985 Debit Acct. Cr. Acct. Amount Batch Remarks Ck. No. Vendor Ck. Amt. * 81.4925.000.00 81.1010 8,548.69 Remit Banker's Life 19112 Banker's Life 8,548.69 V27.4507-548.41 27.1010 8,977.73 Purchase of Land 19113 MN Racetrack Inc 8,977.73 ,127.4507.548.41 27.1010 15166.52 Purchase of Land 19114 W & M Thomas & NW Bell 1,166.52 L/27.4519-543.41 27.1010 13,604.23 Other Improv. 19126 Buesing Bros. Truck 13,604.23 ,/61.4519.549.41 61.1010 42,710.51 Other Improvements 19127 S. M. Hentges 42,710.51 ,/27.4519.544.41 27.1010 7,810.98 Other Improvements 19128 hichard Knutson 7,810.98 V01.3527.000.00 01.1010 35.71 Concessions - Pool 19129 Dept. of Revenue 0✓1.3539.000.00 01.1010 94.54 Water Slide 19129 it 1.3540.000.00 01.1010 (1.42) Season Tickets-Pool 19129 " 01.3541.000.00 01.1010 74.05 Admissions - Pool 19129 202.88 ,/01.4380.152.15 01.1010 1,287.12 Rents 19130 Logis 4/01.4380.153.15 01.1010 234.40 Rents 19130 ,/01.4380.154.15 01.1010 173.81 Rents 19130 " X01.4232.151.15 01.1010 115.93 Equip Maint. 19130 1,811.26 01.4390.151.15 01.1010 75.00 Conf. & Schools 19131 MN Govn't Fin. off 75.00 ,,14.4319.142.14 14.1010 81.90 Promotions 19132 Sun Comm. Directories 81.90 /14.4390.142.14 14.1010 31.72 Conf & Schools 19133 Mankato State Univer 31.72 /81.4926.000.00 81.1010 238.70 Bemit Cancer Ins. 19134 Am Family Ins. 238.70 /81.4932.000.00 81.1010 98.40 Remit Uniform hental 19135 Unitog Rental Sery 98.40 A1.4927.0o0.o0 81.1010 1,937.00 Remit Defer. Comp 19136 PEBSCO 1,937.00 ✓81.4931.000.00 81.1010 1,000.00 hemit Payroll Savings 19137 lst Nat'l Bank Shakopee 1,000.00 -/31.4922.000.00 81.1010 4,866.16 , hemit FICA 19138 State Treasurer 4,866.16 .:/1.4927.000.00 81.1010 100.00 hemit Defer. Comp 19139 IDS 100.00 .4921.000.00 81.1010 3,063.58 Remit SIT 19140 Comm of hevenue 3,063.58 81.4920.000.00 81.1010 7,077.69 Remit FIT 19141 lst Nat'l Bank Shakopee 7,077.69 ,/81.4923.000.00 81.1010 6,866.08 Remit PEhA 19142 State Treasurer 6,866.08 ) 01.436o.321-32 01.1010 356.00 Insurance 19143 Lg of MN Cities 356.o0 ✓01.4390.151.15 01.1010 156.00 Conf & Schools 19144 hadisson Arrowwood 156.00 01.4222.426.42 01.1010 8.221.89 Motor Fuel. 19145 Tracy Oil Co 8.221.89 1943 CITY 3F SHAKOP:E :HEC( REGIST:R 10-31-85 PAGE 4 CHECK NO. DATE AMOUNT V:NDOA ITEM DESCRIPTION ACCOUNT NO* INV. N P.O. # MESSAGE rrrrrr ***-CKS 268Sii 09/25/85 355.10 ZACKS SUPPLIES 01-4210-421-42 355.0 tar*+* ***-CKS 268555 09/25/85 197.11 ZIEGL:R IVC EQUIP MAINT 01-4232-426-42 197.11 * r*'-CKS 264870 09/25/85 36.30, ADPL: GLASS L MIRROR EQUIP MAINT 01-4232-426-42 14666 36.)A * 263801 39/25/85 33.48 BBP DUES 6 SUBSCRIPT 01-4391-421-42 30.49 * 26880.2 09/25/85 35.44 D=GR:: DAY SYSTEMS SUPPLIES 01-4210-311-31 263872 3.9/25/85 35.44 D:GR:: DAY SYSTEMS SUPPLIES 01-4210-911-91 70.88 r 268803 0.9/25/85 177.30 GRAY34T E::CTRIC EQUIP MAINT 01-4232-321-32 177.70 25380.4 3.9/25/85 3.94 AYNa G:LH%YE REFUSE DISP 01-3650-000-07 3.94 268805 09/25/85 19344.1.8 LAB31 2EL%TIONS AS PROF SERV 01-4310-121-12 1 .344.)8 26887,6 J9/25/85 115.30 JOHV 4A'NA14N PROF SERV 01-4310-221-22 115.00 26880.7 09/25/85 214.20. OFFI:= EL=:TROVICS SUPPLIES 01-4210.311-31 214.'_0 263803 09/25/85 23).)0 P1IO2 LAK: TREE OTHER IMPROV 26-4519-539-41 20).30 26880.9 09/25/85 8.40 MARILYN RIMER TRAVEL L SUBSIST 01-4330-158-15 8.40 + rr•*** - _ _ _ - - ***-CKS 13,520.37 FUVO 01 TOTAL GENER4L FUND 2,651.70 FUVO 14 TOTAL TRANSIT 485.62 FU40 15 TOTAL HR4. 203.30 FUVO 26 TOTAL DOWNTOWN REDEVELOMENT 29656*43 _ FUVD 29 TOTAL BYPASS 19,513.12 TOT4L 1985 CITY OF SHAKOPEE CHICK REGISTER 10-01-85 PAGE 3 CHECK NO. DATE AMOUNT V=NDOI ITEM DESCRIPTION ACCOUNT NO. INV« M P.O. M MESSAGE [68395 09/25/85 185.73 __. NSP - UTILITIES 01-4370-427-42 185.73 • .+tt** ***-CKS 268415 09/25/85 417.10 OFFICE PR)]UCTS EQUIP MAINT 01-4232-311-31 129286 417.)7. * *kt«*4 ***-CKS 268429 u9/25/85 15.67 HAROLD PAIS TRAVEL 6 SUBSIST 01-4330-421-42 15.67 **t-CKS 268463 09/25/85 172.48 CHAR-ES RIES TRAVEL 8 SUBSIST 01-4330-321-32 172.48 + **+*+* ***-CKS 268465 09/25/85 72.75 ELD]V REIV<E TRAVEL 8 SUBSIST 01-4330-111-11 268465 09/25/85 10.00 ELOO.V R"EIYKE DUES 9 SUBSCRIPT 01-4391-111-11 268465 09/25/85 4f_1.13 ELDOV REIVKE TRAVEL 6 SUBSIST 14-4330-143-14 122.98 « **t**+ ***-CKS 268499 09/25/85 29375.43 SCOTT CTY. TREASURER TAXES 28-4982-545-41 29376.43 * ***-CKS 256-5:7 0.9/25/85 10.56 JJDITH- M. SIMAC TRAVEL B SUBSIST 01-4330-171-17 10.56 * tt**«+ ***-CKS 256578 19/25/85 117.00 UNIF314S 04LIMITED SUPPLIES 01-4210-312-31 31897 117.30 « **+*** ***-CKS 268391 09/25:/85 154.53 VALL:Y TEMP( PROF SERV 01-4310-171-17 154.53 ..**.* **«-CKS 26860.6 29/25/85 2 610.57 VAN 390L i7-RV INC UTILITIES 14-4370*143-14 _ 29617..57 • _. .__._.... ._ •«t*** ***-CKS 268618 09/25/85 283.20 WERMERSKIRCHEN ABS. PROF SERV 28-4310-545-41 28'j.00.* 1985 CITY DF SHAKOPEE CiECK REGISTER 10.01-85 PAGE 2 CHECK NO. DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. INV. # P.O. N MESSAGE 649.36 • .::..• _ ***-CKS 268288 09/25./85 385.80 LATHROP PAINT INC. SUPPLIES 01-4210-622-62 265024 385.30.* ***-CKS 269319 09/25/85 9.50 MAMA C04F B SCHOOLS 01-4390-121-12 9.50 • *r*-CKS 268328 09/25/85 51.30 MILLER DAVIS SUPPLIES 01-4210-133-13 454335 51.10 ! 268329 09/25/85 170.33 MIDWEST BJSINESS PR SUPPLIES 01-4210-121-12 345719 268329 09/25/85 171-32 MIDWEST BJSINFSS PR SUPPLIES 15-4210-191-19 345719 340.65 • ****** **•-CKS 268332 09/25/85 25.50. MV V%LLEY =iRr- 8 SAF EQUIP MAINT 01-4232-321-32 25.50.* *■**.. ***-CKS 268336 09/25/85 139.6D, MINN. VAL:.EY FENCE SUPPLIES 01-4210-622-62 139.60 * ***-CKS 268341 09/25/85 69011.67 M3TO20; A [SNC. CAPITAL EQUIP 01-4511-321-32 69011.57 * ****** ***-CKS 268348 09/25/85 31 .20 MPCS STAR 3 TRTB DU.S B SUBSCRIPT 01-4391-121-12 31 .20 • 268349 09/25/85 19112.24 ROBEIT MCALLISTE2 PROF SERV 01-4310-361-36 19012.24 ***!** **•.CKS 2583i1 09/25/85 300.:10 M'LS C)MPr-.TREAS PROF SERV 15-4310-191-19 300.10 * ****r* ***-CKS 2683i4 09/25/85 59.95 MYERS CUT)40TIVE EQUIP MAINT D1-4232-312-31 59.95 * tk**** **-CKS 1965 CITY OF SHAKOP=E CHECK REGISTER 10-31-85 PAGE 1 CHECK NO. DATE AMOUNT V;NOOI ITEM DESCRIPTION ACCOUNT NO. INV. N P.O. t♦ MESSAGE 269025 09/25/85 117.56 ASTL:FORD INTER EQUIP MAINT 01-4232-426-42 117.66 • ..._�_,_ �_.. ..***. ***-CKS 268036 )9/25/85 1.22 JOHN K. A40ERSON SUPPLIES 01-4210-121-12 268136 X9/25/85 13.24 JDHV K.- AVDERSON TRAVEL & SUBSIST 01-4330-121-12 268036 09/25/85 5.00, JOHN K.+ AVOERSON _ CONF & SCHOOLS 01-4390-121-12 268036 19/25/85 338.10 JOHN K. AVD_RSON CONF & SCHOOLS 01-4390-121-12 2680.36 09/25/85 .80. JOHV K. AVDERSON MISC 01-4499-111-11 353.26 . *«**•* ***-CKS 268049 09/25/85 27.00 CARB & TU290 Sy INC EQUIP MAINT 01-4232-312-31 2680.49 U.9/25/85 6.31, CARB & TU18D SY INC EQUIP MAINT 01-4232-426-42 33.30 + 268050 09/25/85 . 15.30. BARRY OFFI.E PROD SUPPLIES 01-4210-121-12 268050. 09/25/85 15.30 _ B4RRf_ OFFICE PROD _ SUPPLIES 15-4210-191-19 30.50 ..«*•« ***-CKS 268053 09/25/85 67.00 BEREVS PROF SERV 01-4310-221-22 67.00 * . ***-CKS 7.68077 39/25/85 41.50 BUDGET W ER INC. SUPPLIES 01-4210-911-91 41 .50 + ***-CKS 26811). 09/25/85 494.41 CLAP3AODL= & SON EuIP MAINT 01-4232-426-42 5373 494.41 ..r•s* ***-CKS 268154 09/25/85 34.44 ELVII SAF-:,TY SUP?LY EQJIP MAINT 01-4232-321-32 34.44 ***:•* ***-CKS 268184 09/25/85 24.34 GENE24L S%FETY EQUIP EOJIP MAINT 01-4232-321-32 24.34 ****r« ***-CKS 266285 09/25/85 40.1 D.._ _..___...L'.& L; 4.1R INC._ _ __.____ EQUIP:MAINT __ 01-4232-181.18 263285 0.9/25/85 47.10 L & L A:IR IN: _QUIP MAINT 01-4232-184-18 80.20. * 268286 39/25/85 617.28 LAHASS MFG. EQUIP MAINT 01-4232-321-32 32903 268286 09/25/85 3200 LAHASS 4F3. EQUIP MAINT 01-4232-426-42 32965 1. The degree of understanding of the City' s needs and objectives including statutory considerations . 2 . The experience and success that the consultant has demonstrated in projects with similar scope and objectives . 3 . The capability of the consultant to perform the work, including specialized services within the time limitations , taking into consideration the current and planned workload of the firm and key individuals that will be assigned to the project. 4 . Evaluation of the overall completeness of the proposal including the workplan, schedule and manpower estimates, and the estimated completion dates for each phase of the project. 5. The consultant ' s stated requirement for the City' s resource commitment including requirements for City staff involvement. 6 . The maximum total cost for Phase I and the estimated cost for Phase II of the project. 7. Consultant' s presentation and responsiveness to the evaluation committee ' s interview. In the event that there are numerous applicants for consideration for this project, there may be an initial reduction of proposers to approximately five ( 5 ) who may then be invited for an interview. The Study Task Force reserves the right to reject any and all proposals. The City of Shakopee will enter into a contract with the successful proposer upon approval of the City Council. Six ( 6 ) copies of the proposal should be submitted to the City by 4 : 30 p.m. November 8 , 1985 . Inquiries and proposals should be directed to my attention at the City of Shakopee, 129 East 1st Avenue, Shakopee, MN 55379 , phone 612-445-3650 by October 16 , 1985 . Sincerely, John K. Anderson City Administrator JKA/jms PHASE II Development of a comprehensive plan which addresses the constraints to effectively deliver the best mix of municipal services as identified in Phase I , and which includes recommendations for changes in services provided and staffing which will lead to improved efficiencies in the activities performed by the City. The comprehensive plan will include dates for accomplishing recommendations, resources required, and change ge analysis measurement techniques . It is in the City' s interest that the entire project be completed by February 1, 1986 . Proposal Content The proposal should include the following, in sufficient depth or detail, to allow proper evaluation: SECTION I - Statement of understanding of project scope and objectives. SECTION II - Description of two-phase workplan to accomplish the project objectives. SECTION III - Description of the work product to be provided in each phase of the work. SECTION IV - Description of qualifications and relevant experience of the firm and those specific con- sultants that will be assigned to the project. Resumes should be furnished. SECTION V - Staffing plan for the completion of each phase of the work, including the roles and time commitment of each participant. If a subcontractor is to be used to perform any portion of the work, a complete statement as to role and qualifications of the subcontractor firm or individual must be included. There should be a statement as to the necessary resource commitment of the City in the development of each phase of the project. SECTION VI - A schedule of fees and reimbursement for expenses by key individuals assigned to Phase I of the project ( supporting staff may be grouped into classes) with a maximum total cost for Phase I . An estimated cost for Phase II should be included. Evaluation Criteria Proposals will be evaluated by a Study Task Force based on respon- siveness to items including, but not limited to: Date: Sept. 27 , 1985 Re: Notice of Request for Proposal for Consulting Services to Perform a Municipal Service Mix Pricing Analysis and Staffing Study Introduction The City of Shakopee, located in the Minneapolis-St. Paul area of Minnesota, is a growing community of 28 sq. miles with a population of 11 , 000 , a strong industrial base ( 5 , 000 jobs) and regional recreational attractions that bring over 2 . 5 million tourists into the community each year. The City is a statutory Class A city with 50+ full time employees in the following depart- ments: Police, Fire, Public Works, Engineering, Finance, Community Development, Inspections and Administration. The City of Shakopee is seeking proposals from qualified management consultants to conduct a two-phase study designed to insure efficient and economical service by the City while maintaining compliance with all federal and state regulations. It is the intent of the City to have the consultant and its subcontractor, if any, perform both phases of the Study; however, the City reserves the right to specifically direct which areas will be studied in Phase II , if any, and if other consultants will be invited to participate. Scope of the Study The focus of the Staffing Needs Study will be to determine the optimum present and future management and work force staffing levels to effectively deliver municipal services in the City of Shakopee. The study will list the current mix of both major and minor services provided Shakopee citizens by each City depart- ment. Work by the consultant will be in two phases: PHASE I A. Perform an audit of current organization staffing. B. Perform an audit of current municipal services provided and the pricing of those services. The audit process for A and B above should encompass assessment of the City' s organizational structure and services mix, management and supervisory practices in work scheduling, long and short-range staffing needs, and the accounting and financial reporting systems needed to price all services provided. Submit interim report on Phase I , including audit summary and appropriate recommendations not contingent on Phase II activities . TOUCHE ROSS & CO. PEAT, MARWICK, MITCHELL & CO. ARTHUR YOUNG ERNST & WHINNEY SUZANNE SISSON PRODUCTIVE DESIGN, INC. ARTHUR ANDERSEN & CO. THE NELSON CONSULTING GROUP, INC. BLACK & VEATCH DELOITTE HASKINS & SELLS MAIN HURD.MAN CONTROL DATA BUSINESS ADVISORS COST/REVENUE SUfvff�4ARY POTENTIAL INCREASED CITY REVENUES City of Houston, TX $110,957,118 City of Dallas, TX 31,751,388 City of Columbus, OH 11,530,551 City of Nashville, TN 12,860,741 City of Jacksonville, FL. 10,634,480 City of Fort Worth, TX 10,284,414 City of Shreveport, LA 12,309,076 City of Arlington, TX 8,364,184 City of Lubbock, TX 5,065,163 City of Midland, TX 4,147,064 City of Palm Springs, CA 2,710,075 City of Denton, TX 1,545,792 City of Hurst, TX 1,145,097 City of Carlsbad, CA 1,098,181 City of Pearland, TX 828,269 City of Bedford, TX 440,076 City of Duncanville, TX 2,166,273 City of Alvin, TX 568,230 f CITY OF HURST, TEXAS COST/REVENUE SUMMARY RECOVERY ?,REAS ONLY Current Revenue as Department/Fee Full Cost Revenue Difference % of Cost Public Works Subdivision Plat $ 31 ,983 $ 864 $ 31, 119 2.70% Zoning 14,604 4,960 9,644 33.96 Site Plan 7,004 1 ,550 5,454 22. 13 Maps 8,902 3,090 5,912 34.71 Portable Sign 11 ,869 3,420 9,449 28.82 Cert. of Occupancy 69,056 -0- 69,056 0.00 Board of Adjustmemt 9,706 2, 125 7,581 21 .89 Demolition - City 1 ,725 -0- 1 ,725 0.00 Total. $154,849 $16,009 $139,t" 10.34 GRAND TOTAL $1 ,4797831 $334,734 $1, 145,097 22.62% CITY OF FURST, TEX1,S COST/REVENUE SUMWM ,Ry RECOVERY f.REAS ONLY Current Revenut Ls De¢artment/Fee Full Cost Revenue Diff--enCe Sy, of Cost Parks ck Recreation. Basketball $ 14, 125 $ 2,U: $ 11 ,237 20.45% Softball 159,068 64, 130 %,91: 40.33 Raquetball 91 , 131 27,632 63,4" 3+0.32 Classes 131 ,370 54,463 76,907 41 .46 Building Rental 11 ,227 79693 3,534 68.52 Weight Room 16,375 -0- 16,375 0.00 Summer Playground 28, 119 -0- 28,119 0.00 Concessions 59,954 16,500 43,454 27,52 Swimming Pool Admission 82,939 48,000 34,939 57.87 Swimming Pool Rental 3,341 2,455 996 73.48 Swimming Lessons 10,471 6, 160 4,311 58.83 Pool Concessions 33, 189 24,000 9, 1" 72.31 Total $641,309 $253,941 $387,368 39.60% Police Funeral Escort $ 5,320 $ -0- $ 5,320 0.00% False Alarms 54,401 -0- 54,401 0.00 Warrant Service 92,200 51 , 100 31 , 100 62. 17 Vacation Checks 10.027 -0- 10,027 0.00 Police Sub-Total $151 ,949 $51 , 100 $100,848 33.63% Animal Control: Traps $ 334 $ -0- $ 334 0.00ya Shelter 19,420 724 18,696 3.73 Euthanasia 6,045 -0- 6,045 0.00 Adoption 536 -0- 536 0.04 Bite Investigation 451 -0- 451 0.00 Heads 507 -0- 507 0.00 Impoundment 55,392 1 ,820 54,072 3.26 Dead Animal Removal 916 -0- 916 0.00 Animal Control Sub-Total $84, 101 $2,544 $81 ,557 3.02% Total $236,049 $53,644 $182,405 22.7 i r CITY OF HURST, TEXAS COST/REVENUE SUMMARY RECOVERY APNEAS ONLY ee Current Revenue :s Department/F Full Cost Revenue Difference % of Cost City Secretary Carnival Permit $ 696 $ 175 $ 521 25. 1496 Solicitor License' 3,369 540 2,529 16.03 Pawn Broker License 3,321 307 3,021 9.03 Trailer Park 492 125 367 25.41 Total $7,878 $1 , 140 $6,738 14.47% Fire Weed Cutting - Owner $10,308 $ -0- $10,309 0.00% Fire .Inspection 42,516 -0- 42,516 0.00 Ambulance HEB t067 -0- 3,067 0.00 Total $55,891 $ -0- $55,891 0.00% Judicial Bonds $13,912 $ -0- $13,912 0.00% Library Adult Program $ 4,076 $ -0- $ 4,076 0.0046 Summer Reading 27,922 -0- 27,922 0.00 Storytelling 13,492 -0- 13,492 0.00 Library Services Non-Residents 324,454 10,000* 3I4,454 3.08 Total $369,944 $10,000 $359,944 2.70% * Grant from Tarrant County Library Association Acceptance of this grant prohibits the City from charging a fee to non-residents. Alternatives 1. The City Council can produce an RFP that is narrowly defined and focuses specifically on City staffing needs in 1986 and/or 1986 through 1990 . This type of analysis would be useful and would be less expensive. 2. Council can create an RFP that incorporates both a staffing needs analysis and a listing of all municipal services so that a "pricing of public services" analysis can be provided for each municipal service we provide. This approach, the approach outlined in the RFP, would cost more money but would assist Council greatly in understanding precisely what City services are provided and what they cost. Based upon the type of information a pricing analysis would generate Council could make decisions about creating user fees , increasing user fees or dropping services and related staffing levels. Recommendation I recommend alternative No. 2 and I recommend that the RFPs be mailed before I go on vacation so firms can ask any basic questions they may have. The RFP is divided into two parts so that the data that is provided in Phase I can be used to determine if Council is going to receive the results it wants before more expenditures are made. Council should also note that the RFP talks about a study task force. I believe the task force should be made up of a cross section of supervisors and employees with one or two Councilmembers on it so that we will be able to ensure the credibility of the study results. Finally, I have included the list of consulting firms that were invited to provide RFPs for the MWCC management study. If I run across one or two more firms I will add their names to the list. Action Requested Pass a motion directing the appropriate City officials to send the RFP for a Municipal Service Mix Pricing Analysis and Staffing Study dated September 27 , 1985 to prospective consulting firms. JKA/jms + � MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Request for Proposals (RFP) for Consultant for Staffing Needs Analysis DATE: September 27, 1985 Introduction The City Council, at its September 17th Council Meeting, agreed to seek the assistance of a consulting firm to make a final analysis of staffing needs for the City of Shakopee for 1986 . The draft RFP attached would be the document the City would mail to prospective consulting firms. Bac round The draft RFP attached is based upon the RFP the Association of Metropolitan Municipalities (AMM) , Suburban Rate Authority (SRA) and several city officials and Metropolitan Waste Control Commission (MWCC) officials put together for the management study of the Metropolitan Waste Control Commission. To the basic format used in that document I have added a relatively new element aimed at the "pricing of public services" . This latter concept comes from David M. Griffith and Associates, Ltd. which provides professional services to the public sector and is located in Northbrook, IL. The concept was presented at our Metro Area Managers Association (MAMA) luncheon on Thursday, September 19th. I have attached a few pages from Mr. Griffith' s presentation and have the full report available should any Council- member wish to review it. The concept of pricing public services is relatively new but is aimed at answering the types of questions Councilman Leroux was bringing up regarding the providing of miscellaneous services such as policemen jump starting cars and unlocking doors using expensive highly specialized personnel. Because there seemed to be a reasonable amount of interest in obtaining a shopping list of these miscellaneous services from all departments I felt that the "pricing of public services" analysis would Council a list and the tools to make y give all Council would have one of three alternativesinmakingrvicesthose. judgments. First, Council could agree to continue the service at a full subsidy through tax dollars. Second, Council could decide to introduce user fees or increase existing user fees. Third, Council could decide to eliminate the service all together and let it revert to the private sector. SH, 4KOPE:E INCORPORATED 1870 9 ENGINEERING DEPARTMENT 129 E. 1st Avenue - Shakopee, Minnesota 55379-1376 (612) 445-3650 MEMO TO: John K. Anderson, City Administrator S FROM: Ray Ruuska, Engineering Coordinator SUBJECT: Temporary Help for Engineering Department DATE: September 27, 1985 INTRODUCTION: Although the Engineering Department has turned inspection of the 4th Avenue Project to Barton-Aschman, there is still a need for help in this Department. BACKGROUND: The Engineering Department is currently working on numerous projects with additional work probable in the coming months. The Community Development Department has an intern who would be interested in full-time temporary employment. His work in Community Development is essentially a non-paid position l which he cannot continue for financial reasons. His demon- strated abilities indicate that he would be fully capable of performing assigned work tasks. The cost of a full-time seasonal position for 10 weeks at x+6. 50 per hour would be $2, 600. 00 and would have to come from 1985 General Fund Contingencies. ACTION REQUESTED: A motion by City Council to hire Timm "nelson at an hourly rate of $6. 50 per hour for a period not to exceed two and one-half months. RRf pmp HIRE Employer: City of Richfield 6700 Portland Avenue South Richfield, Minnesota April, 1977 to September, 1977 (student intern- ship) Supervisor: Art Bailey Duties : Construction Surveying Construction Inspection Employer: Gene ' s Liquor Watkins , Minnesota June , 1574 to August, 1975 (Summer breaks ) Supervisor: Gene Unterberger Duties : Bartender Employer: U.S. Navy Pearl Harbor, Hawaii July. , 1971 to December, 1573 Duties: Firefighting; plumbing, damage control and repair, metal fabrication Employer: Watkins Coop Creamery Watkins , Minnesota January, 1G71 to July, 1971 Supervisor: Vernon Loch, Sr. Duties : Laborer-Cheesemaker PERSONAL DATA INTERESTS: Birthdate - October 8, 1952 Fishing, hunting, golf REFERENCES : References furnished upon request. CERTIFICATIONS : Individual Sewage Treatment Systems Certificate (MPCA) State Certified Building Inspector • P.ESUME KENNETH G. ASHFELD, P.E. HOME PHONE: 477-6943 ROUTE 3, BOX 161G WORK PHONE: 682-1761 BUFFALO, MINNESOTA 55313 CAREER To pursue the enhancement of my career in the OBJECTIVE: field of Civil Engineering and Municipal Eng- ineering. I am registered in the State of Minnesota as a Professional Engineer. EDUCATION: St . Anthony' s Grade School 1959-1967 Eden Valley-Watkins High School 1967-1971 U .S . Navy "A" School Fall , 1971 University of Minnesota June , 1974- (I . of T. - Mpls . ) June 1 , 1978 CONTINUING Attended various seminars and conferences at the EDUCATION: University of Wisconsin (Madison) and University of Minnesota in the following subject areas : Street network management - Asphalt Paving - Concrete Paving - Street network maintenance - Soil stabilization - Fublic works project management - Public works project inspection - Urban hydrology and hydraulics - Wastewater collection, treatment & disposal WORM. EXPERIENCE: Employer : Meyer-Rohlin, Inc. Engineering & Land Surveyors 1111 Highway 25 North Buffalo, Minnesota 55313 June, 1G78 to Present Supervisors : Thore P. Meyer, P.E. Bob Rohlin, R.L.S. President Vice President Duties : Preliminary planning and feasibility studies ; represent our consulting firm at City Council & Planning Commission meetings and hearings ; assist City Clerks in preparation and notifica- tion of hearings; contract administration and project inspection; design responsibilities include streets , highways , storm sewers and detention facilities , sanitary sewers , water distribution, on-site wastewater treatment and disposal in unsewered areas ; assist in planning and design of municipal park areas and downtown redevelopment areas (streets , parking, beautifi- cation landscaping, etc . ) ; assist in design of water supply and treatment • facilities and wastewater pumping & transmission facilities ; Public Relations contact during project con- struction; preliminary plat review. July 31 , 1985 Personnel Department CITY OF SHAKOPEE 129 East First Avenue Shakopee , Minnesota 55379-1376 RE: APPLICATION FOR EMPLOYMENT CITY ENGINEER POSITION Please accept my enclosed resume and application for employment for the above referenced position . I believe my education , training and experience parallels those you seek in candidates for the City Engineer position . In summary , I have spent the last 7+ years as a Civil Engineer Consultant , responsible for public works administration and mainte- nance programs for the following communities : Buffalo, Albertville, Hanover, Delano , and Monticello Township . I have also provided building inspection services to the City of Buffalo during position vacancies . In my position as appointed City Engineer , I work with the public and elected officials rela- tive to matters of Municipal Engineering. I welcome an invitation to interview with you for the position of City Engineer of Shakopee. Thank you for your time and considera- tion of this application. Respectfully submitted , Kenneth G. Ashfeld , P. E. A llc_a�i onofkf o ne'+h as pry va4c e��+a 1979 - Prepared Comprehensive Utility and Drainage Study for a 700 Acre Residential Area, Rosemount, Mn . 1981 - Prepared Feasibility Report and Supervised Design of Utilities and Streets for a 300 Acre Residential Development , Stillwater, Mn . 1983 - Prepared Feasibility Report and Supervised Design and Construction of Sanitary Sewer Facilities for the Anoka Vocational Technical Institute , Anoka, Mn . 1983-84 Supervised Design and Construction of a Downtown Improvement, Rosemount , Mn . 1984 - Prepared Specifications and Supervised Construction of Water Supply Well #6 , Oakdale , Mn. 1984 - Designed and Supervised Construction of Emergency Trunk Watermain Connection to the Roseville Water System, St. Anthony, Mn. 1984 - Prepared Contingency Plan for Water Supply Wells , Edina, Mn . 1985 - Served as Project Manager for the Construction of a 1 . 5 Million Gallon Elevated Water Storage Tank and Feedermain , Oakdale , Mn . PROFESSIONAL MEMBERSHIPS City Engineers Association of Minnesota Minnesota Society of Professional Engineers National Society of Professional Engineers STEVE CAMPBELL PERSONAL INFORMATION Married : 2 Children , Ages 10 & 8 Age 34 Resident : 1741 Emerald Dr . New Brighton , Mn . Home Phone : 631 -2544 EDUCATION 1970 - Associate of Arts Degree , Rochester State junior Noollerthgakota 1973 - Bachelor of Science Degree - Civil Engineering, State University WORK EXPERIENCE 1973 to 1977 - Assistant City Engineer, City of Willmar, Mn. 1977 to Present - Project Manager, Short-Elliott-Hendrickson , Inc. Consulting Engineers , St . Paul , Mn . REGISTRATION ional Engineer in Minnesota and Wisconsin Registered Profess PROJECT RESPONSIBILITIES & EXPERIENCE 1978 to Present - Served as City Engineer for the City of Rosemount, Mn. 1979 - Served as Project Manager for the Reconstruction of Highcrest Road , Roseville , Mn. • • 1741 Emerald Dr . New Brighton , Mn . 55112 "- August 9 , 1985 �'� � Or Sf-,`AK(D1C Personnel Department City of Shakopee 129 East 1st Ave . Shakopee , Mn . 55379 Dear Sir : I am writing in response to your recent advertisement to apply for the position of City Engineer of Shakopee . For the past 12 years , I have been employed as a municipal engineer in both the public and private sector . I am familiar with all phases of the public improvement process and have experience in a wide variety of municipal construction projects . Enclosed for your review is a brief resume of my personal background and experience . Please send me an application form and any additional information which may be available concerning the position . I am available for an interview at your convenience . Thank you for your consideration . Sincerely , Steve Campbell +1;caflon of 5fevc Campbell S re+a n ed 5epcjrafe ly C!S �r►� f� dQfQ MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Hiring of New City Engineer DATE: September 27, 1985 Introduction At Council ' s direction, the City has advertised for a new City Engineer to fill the position vacated by Bo Spurrier. The ad for the position was posted in City Hall and in the Job Service Office. The ad appeared in the Minneapolis Star and Tribune July 21 and 28, the League Magazine in August, the Engineering News-Record in August and the Engineering Contracts in August. The application deadline was August 30, 1985 . Screening City Council established a screening committee made up of Chuck Weichselbaum from Mn/DOT, Fred Moore, Public Works Director from Plymouth, Dean Colligan, John Leroux and me. We received 36 applications which were screened initially by Fred Moore, Chuck Weichselbaum and me. I then made reference checks on the 10 top candidates and Fred Moore and I met to select the final candidates for interviewing (Chuck Weichselbaum was on vacation) . On September 26, 1985 the four finalists arrived in Shakopee for the screening tests Council authorized. Tests were administered during the morning and afternoon by Marilyn Remer, our Personnel Clerk at the Police Station. The results of the screening tests were sent to Personnel Decisions, Inc. for analysis on Friday morning the 27th. The interview of the four finalists was conducted by all five members of the screening committee on September 26th and all five agreed that the top two candidates were Kenneth Ashfeld and Steve Campbell. The application and resume of the two candidates are attached for Council information. Because we are trying to allow Council to make a decision on Tuesday, October 1st, Dean Colligan, John Leroux and I will meet during the day on October 1st to review the results of the screening test analysis done by Personnel Decisions, Inc. and make a final recommendation to Council at your meeting. Recommendation The screening committee will make a final recommendation regarding the selection of a City Engineer and provide that information to Council at its October 1st meeting if the testing analysis from Personnel Decisions, Inc. is returned to the City by Tuesday, the 1st. Action Reauested To be provided.