Loading...
HomeMy WebLinkAbout11/17/1992 TENTATIVE AGENDA ADJ.REGULAR SESSION SHAKOPEE, MINNESOTA NOVEMBER 17, 1992 Mayor Gary Laurent presiding 1) Roll Call at 7: 00 P.M. 2) Approval of Agenda 3] Liaison Reports from Councilmembers 4] Mayor' s Report 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 6] Approval of Consent Business - (All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) 7] Approval of Minutes of October 20th and 26th, 1992 8] Communications: *a] Kristen Dirks, Chamber of Commerce, requesting extension of the local options lodging tax 9] Continuation of public hearing on the vacation of Minnesota Street North of the alley located North of 7th Avenue 10] Boards and Commissions: Planning Commission: a] Rezoning of Property East of Market and North of 7th Avenue from R-4 and R-2 to R-3 - tabled 10/20 (Ord. 347) 11] Reports from Staff: a] Proposed Assessments for the 2nd Avenue Project, No. 1991-3 (Res. No. 3703) b] Brambilla Sewer Availability Charges (SAC) - tabled 11/3 c] Signal at CR-17 and Tenth Avenue - Res. No. 3710 d] Filling New Position in the Finance Department-tbld. 11/3 e] Hiring of Logo Design Consultant *f) Bloomington Ferry Bridge *g] Approve Bills in the Amount of $1, 895, 899 . 42 *h] Reclassification of Park Reserve Fund *i] Interfund Transfers j ) Request for Authorization to Carryover An Additional Forty Hours of Earned Vacation Time Into 1993 TENTATIVE AGENDA November 17, 1992 Page -2- 11) Reports from Staff continued: k] Fiscal Disparities Option For TIF District #4 1] General Fund - Fund Balance m] Volunteer Accident Coverage *n] Farm Lease for 1993 *o) City Hall - Panel Systems Furniture p] Amendment To PUD Agreement for Stonebrooke First Add'n. q] League of Minnesota Cities Proposed 1993 City Policies and Priorities 12] Resolutions and Ordinances: a] Res. No. 3705 - Adopting Special Assessments for Vierling Drive, Project 1992-3 *b] Res. No. 3700 - Initiating Vacation of Part of Easement Within Vacated Portion of Clay Street Between 3rd and 4th Avenues *c] Res. No. 3704 - Initiating Vacation of Alley West of Pierce Between 3rd and 4th Avenues *d] Res. No. 3707 - Apportioning Assessments in Heritage Place 4th Addition *e] Res. No. 3701 - Canceling Debt Service Levies for 1993 *f] Res. No. 3706 - Amending the 1992 Budget *g] Res. No. 3708 - Amending the 1992 Budget for Transit *h] Res. No. 3709 - Requesting Use of Building for Police Training 13] Other Business: a] b) c] 14] Recess for an executive session to discuss collective bargaining 15] Re-convene 16) Adjourn Dennis R. Kraft City Administrator REMINDER; Committee of the Whole will meet on November 19th at 7 : 00 P.M. MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: November 13 , 1992 1. Attached are the minutes of the September 14, October 5 and 19, 1992 meetings of the Shakopee Public Utilities Commission. 2 . Attached is the Building Activity Report for October. 3 . Attached is the agenda for the November 18, 1992 Energy and Transportation Committee meeting. 4. Attached are the unapproved minutes of the October 21, 1992 Energy and Transportation Committee meeting. 5. Attached are the unapproved minutes of the October 21, 1992 Community Development Commission meeting. 6. Attached is a Bulletin from Karen Anderson, AMM President regarding the Metropolitan Council Member Nominations. 7. Attached is the Revenue and Expenditure Report as of October 31, 1992 . 8. Attached is a correspondence that the Assistant City Administrator received from Certainteed in response to odor complaints. Certainteed is installing a new scrubbing system to reduce processing odors. Certainteed does currently comply with all PCA Standards. 9. Attached are the October 6, 1992 minutes of the Shakopee Coalition meeting. 10. Attached is correspondence from Minnegasco regarding the public hearings of Minnegasco's proposed rate increase. 11. Attached is the Police Newsletter for Council review. 12 . Attached are the unapproved minutes of the November 5th meetings of the Board of Adjustment & Appeals and the Planning Commission. 13 . Attached is a memorandum from the Public Works Director regarding the 2nd Avenue Assessments. i 1 i • MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in special session on October 19, 1992 at 4 : 30 P.M. in the Utilities meeting room. MEMPFRS PRESENT: Commissioners Kirchmeier, Cook and O'Toole . Also present were Council Liaison R . Sweeney and Manager Van Hout . Secretary Menden was absent . Representatives of the Maple Trails Estates developer, and the Cross of Peace Lutheran Church were also present , as was Kevin Favero, of R .W. Beck, the consulting Engineer for the substation siting. The Commissioners confirmed their intent to not take any formal action at this meeting, but to discuss the criteria of the site selection. At the suggestion of Liaison Sweeney, the meeting was designated as a meeting of the committee of the whole. The Commission discussed the site criteria for the electric substation . Motion by Kirchmeier, seconded by Cook that the meeting be adjourned . Motion carried . V--' kSI :1 N )0,21 J \(, -,,,,,Cez 1�J Barbara Menden , Commission Secretary ATTEST: Gi/ u n Hout , Manager • MINUTES OF THF SHAFciPsE PUBLIC UTILITIES COMMISSTO1 The Shakopee Public Utilities Commission convened in reaular session on September 14 . 1992 at 4 : 30 P.M. in the 7tilities et i nc room. M7MRT-7Ps PRFs:*?T• Comn i ss i onars Yi r.chmeier . Cock and n'To.-,l e Also Liaison Sweeney , Manager Van Rout and Seortary Menden . Motion by Cook , seconded by Y.irchmeier to table the minutes for July 13 , 1992 , August 3 . 1927 and August 31 , 199^ Dema Care;- Ge1eral Manage*' fnr Canterbury Inn was, present to make a recuest to the Commission for the release of the meter deposit for Canterbury Tnn on behalf of the owner. The Commission declined to release the meter deposit at the pre .ent time as per Shakopee P:.;'-.1 i c Utilities policy. Liaison Sweeney informed the Commission that property taxes would be Going up for the roving year . Mr Sweeney discussed - - 1 various reasons for the increase . The eng' *+eerina for the bypass cross_n at County P^?n 83 was discussed . The relocation of the waternain or 8: r.o.rt'- of the bypass was also discussed . Motion by Kircmeier, seconded by O'Toole to authorize Schoell and Madson to do the engineering for the watermain project for the cressina or the bypass for County Road 83 . Motion carried . Motion by O'Toole , seconded by Cook to authorize Schoell and Madson to do any engineering necessary to relocate the watermain to conform with the County Road 83 bypass . Motion carried . The water services in question on the 12th Avenue pre je~t was brought to the attention of the Commission by Manager Van Rout . The problems that had arisen had been worked out prior to the meeting. The downtown bypass relo-aticn of the electric lines and the undergrounding was discussed . A communication from our £na±neers dated 5/2 '92 was given to the Commission , along with costs involved and costs expected to be recovered from the State . A letter from Northern States Power Company regarding our firm power service resale agreement supplement dated January 2 , 1991 was given to the Commission . This correspondence has been ' 1 • given to our attorneys . A reply to Northern States will be drafted and signed by the Commission President . The Commission was informed of complications that have arisen in connection with a -load increase at Bauer Built Tire. Motion by Cook, seconded by Kirchmeier to perform the services that are justifiable to facilitate the change in the service to Bauer Built Tire . The 1992 Shakopee Public Utilities Capital Improvement Plan was given to the Commission in an updated form . The completion to date projects , along with the expected completion timetables were given . The Shakopee Public Utilities Commission recommended that we advise the developer of the Maple Trails Estates Plat of our interest in a proposed tank site and substation site. A draft Resolution retarding Utility deposit requirements was given to the Commission. Motion by Cook , seconded by O'Toole to offer Resolution #389 A Resolution Approving Payment for the Pipe Oversizina Cost on the Watermain Project : The Meadows 7th Addition . Ayes : Commissioners Kirchmeier, O'Toole and Cook. Nayes : none . Resolution passed . Motion carried . There were no problems with any plats that had come before the manager . There were four fire calls for a total of 5 man hours and 10 minutes . There were no lost time accidents for August , 1992 . The next regular meeting of the Shakopee Public Utilities Commission will be held on October 5, 1992 at 4 : 30 P.M. in the Utilities meeting room. Motion by Cook, seconded by O'Toole to adjourn to executive session . Motion carried. Motion by Cook, seconded by Kirchmeier to adjourn -from executive session back to regular session . Motion carried . Motion by O'Toole, seconded by Kirchmeier that the meeting be adjourned . Motion carried . Y) '\) ( lAYv X11 Ude :1 ' Barbara Menden , C m...ission Secretary * I • MINUTES OF TuE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on October 5, 1992 at 4 : 30 P.M. in the Utilities meeting room . MEMBERS PRESENT: Commissioners Kirchmeier, Cook and O'Toole . Also Liaison Sweeney, Manager Van Hout and Secretary Menden . BILLS READ: City of Shakopee 20,032 . 00 ARA/CORY Refreshment Services 78. 00 A T & T 88. 95 Joe Adams 1 ,500. 00 B & B Transformer, Inc . 1 ,025 . 73 Battery and Tire Warehouse, Inc . 54. 90 R.W. Beck and Associates 471 . 03 Peitz Construction , Inc . 225 . 00 Bills Togaers, Inc . 943 . 45 Border States Electric Supply 3 ,950. 16 Burmeister Electric Co . 8, 628. 04 City of Shakopee 2,067 . 52 Clay' s Printing Service 269 . 88 Cooperative Power 39, 966 . 04 Cy's Amoco and Tire Center 160. 41 Davies Water Equipment Co. 253 . 04 Ditch Witch of Minnesota , Inc. 353 . 10 Environmental Quality Board 259 . 46 General Office Products Co . 841 . 75 Glenwood Inglewood 21 . 06 Gopher State One-Call , Inc . 407 . 14 Gold Nuggett Development , Inc . 15,297 . 13 Graybar Electric Co. , Inc . 9, 511 . 29 HDR 615 . 09 Hance Cable Testing and Locating 194 . 50 Hennens ICO 33 . 00 . Jerry' s Lawn Service 1 ,742. 34 Linda Leadstrom 10. 00 Leef Bros . , Inc- . 24. 12 Ray LeMieux 63 . 12 Locator and Monitor Sales 85 . 98 M/A Associates, Inc. 191 . 36 M-V Gas Co. 17 . 58 McGrann Shea Franzen• Carnival Straughn 235 . 26 Menninger Youth Program 8. 79 Mn Dept . of Labor and Industry 30 . 00 Minn. Municipal Utilities Association 430 . 00 Minn. Municipal Utilities Association 239 . 00 Minn . Valley Electric Coop 271 . 15 Minn . Valley Electric Coop 37 340 . 25 Minn . Valley Electric Coop 232 . 43 Minn . Valley Testing Laboratories, Inc . 70. 00 Northern States Power Co. Northern States Power Co. 1 ,282 . 23 Northern States Power Co. 664 . 64 Otter Tail Power Company 211 . 85 Parkside Printing, Inc . 333 . 78 Reynolds Welding Supply Co. 4 . 62 Shakopee Ford 19 . 71 Shakopee Postmaster 5,000 . 00 Shakopee Public Utilities 151 . 68 Shakopee Services , Inc . 87 . $4 Southwest Suburban Publishing 118 . 97 Starks Cleaning Services 108. 63 Stemmer Farm and Garden Supply, Inc. 69 . 00 Dean Struck 90 . 96 Lou Van Hout 61 . 76 Westinghouse Electric Supply, Inc . 10,891 . 55 • Woodhill Business Products 1 ,311 . 58 Yarusso' s Hardware Co. 43 . 36 Arthur Young 41 . 54 Al Smith Excavating 1 ,650. 00 Motion by Cook, seconded by Kirchmeier that the bills be allowed and ordered paid. Motion carried. Members of the Cross of Peace Lutheran Church were present regarding a new watertower and substation site close to the site of the newly designed Cross of Peace Church . Pastor Tom Reiner spoke for the group giving a background of the Church , their work and how they came to choose the site. They have an architect working on the design of the Church and voiced their concerns about the Watertower and especially the Substation interferring with the design idea of the Church and the general aesthetics of the area . Motion by Cook, seconded by O'Toole to request the Council to table the action on that particular site for one month until our November 2, 1992 regular meeting. Motion carried . LeRoy Menke, developer was present for some direction on a watermain going thru the area of land he is developing called the Milwaukee Plat . A decision was made to bury the watermain instead of insulating. This was agreeable to Mr. Menke . • • Ron Ward representing Shakopee School District 720 was present to inform the Commission that they are looking into telephone, data and video communications at the present time . They have hired a consultant to look into upgrading their communication systems. Mr ward asked about the feasibility of adding the School System telephone lines to the electric poles . All posibilities are being studied at the present time. Motion by O'Toole, seconded by Cook to approve the minutes of the August 3, 1992 regular meeting as kept . Motion carried . Motion by Cook, seconded by Kirchmeier to approve the minutes of the August 31 , 1992 special meeting as kept . Motion carried . Commissioner O'Toole was absent for the August 31 , 1992 special meeting. The Commissioners suggested a planned meeting with Kevin Favero, R.W. Beck, the City Planner and Manager to discuss potential sites for the substation taking into account the Utilities needs and also the how the property can be developed and to come back with required siting criteria to the Commission on October 19, 1992 for a special meeting to be set for that date. A final decision would be expected at our November meeting. A suggestion was made to send a letter to those members of the Cross of Peace Lutheran church present at today' s meeting summarizing that a meeting is being planned with our Engineers and the City Planner to discuss the criteria necessary for a substation and possible alternate sites . Items to he investigated will be economics, land use and other issues that the Manager might find. Liaison Sweeney advised the Commission of a proposed draft for the annexation of Jackson Township. Both Commissioner O'Toole and Commissioner Cook acknowledged communications they had received regarding the Sites for the water tower and Substation . A communication from Jon Albinson, Project Director for Valley Green Business Park regarding release of an agreement to complete water system Document #47394 to accommodate the filing of the Canterbury Park 1st Addition Plat was brought before the Commission. Certain complications were brought to the attention of the Commission regarding the need for certain things to be done before the release of this document . 1 Motion by Cook, seconded by Kirchmeier that the Shakopee Public Utilities Commission release the developer from the agreements to complete the water system Document #47391 with the constraints that the as builts are done and the easements are obtained and other requirements are met . Motion carried . A communication from Master Electric requesting our participation in a payback program for the lights being installed in new City Hall . Motion Cook, seconded by O'Toole to table the request at the present time until City Hall takes action . Motion carried . The tabulations for the downtown undergrounding was sent down to City Hall and Manager Van Mout met with Barry Stock and Dave Hutton. An understanding of the costs involved were discussed. A joint meeting with the Council and the Commission was suggested to discuss this matter. The Commission informed the Liaison that they are amicable to a joint meeting on this issue when the timing is richt . Motion by Kirchmeier, seconded by O'Toole that the Shakopee Public Utilities institute an electronic fund transfer system for our customers as an experiment for six months subject to certain limitations . Motion carried. Motion by Cook, seconded by Kirchmeier to Offer Resolution #390 A Resolution Approving of the Pipe Oversizing on the Watermain Project Described as Project Location : 12th Avenue, Between Canterbury Road and Valley park Drive a Part of the Twelfth Avenue Project . Ayes: Commissioners Kirchmeier, O'Toole and Cook . Nayes : none. Resolution passed. Motion carried . Motion by O'Toole, seconded by Cook to offer Resolution #391 a Resolution Approving a Watermain construction Project Described As The Highway 101 Bypass Crossing Located at the Southerly Extension of Valley Park Drive Being Constructed as Part of the Tweith Avenue Project . Ayes: Commissioners O'Toole, Cook and Kirchmeier. Nayes: none. Resolution passed . Motion carried . Motion by Kirchmeier, seconded by O'Toole to offer. Resolution #392 A Resolution Setting the Amount of the Trunk Water Charge, Approving Of its Collection and Authorizing Water Service to Certain Property Adjacent to the 12th Avenue Project . Ayes : Commissioners Cook,Kirchmeier and O'Toole. Nayes: none . Resolution passed. Motion carried . Motion by Cook, seconded by Kirchmeier to offer Resolution #393 A Resolution Approving Payment for the Pipe Oversizing Costs on the Watermain Project : Heritage Place 3rd Addition. . Ayes : Commissioners Cook, O'Toole and Kirchmeier. Nayes : none . Resolution passed. Motion carried . A survey taken by the MMUA for electric deposits and disconnect policies was given to the Commission . There were no new plats with specific problems for the month of September, 1992 . There were three fire calls for a total man hours of three hours and 15 minutes . There were no loss time accidents for the month of September. 1992 . The next scheduled meeting will be held on October 19, 1992 a special meeting. The next regular meeting of the Shakopee Public Utilities Commission will be held on November 2 , 1992 at 4 : 30 P.M. in the Utilities meeting room. Motion by Cook, seconded by O'Toole that the meeting be adjourned . Motion carried . n ( VN Bar ara Menden , C tssion Secretary CITY OF SHAKOPEE BUILDING ACTIVITY REPORT - OCTOBER 1992 October 1992 October 1991 No. No. Valuation No. No. Valuation Month Y.T.D. Y.T.D. Month Y.T.D. Y.T.D. Single Family-Sewered 16 111 8, 897, 165 11 94 6, 754, 250 Single Family-Septic 2 18 2, 583 , 260 3 15 2 , 342 , 600 Multiple Dwellings - 13 1, 541, 060 - 7 779, 600 (# Units) (YTD Units) (8) (28) - (-) (14) - Dwelling Additions 4 72 301, 836 5 70 369,470 Other 2 14 90, 050 4 19 165, 380 New Comm. Bldgs 2 5 1,824, 000 2 7 2 ,759,800 Comm. Bldg. Addns. 1 3 372, 072 - 1 40, 000 New Industrial-Sewered - 1 4 , 500, 000 - - - Ind. Sewered Addns. - - - - 1 16,400 New Industrial-Septic - - - - - - Ind. Septic Addns. - - - - - - Accessory/Garages 6 37 317, 728 6 38 291, 190 Signs & Fences 11 56 93 , 545 8 61 166,767 Fireplaces/Wood Stoves 1 5 8,705 1 3 8, 300 Grading/Foundation 1 11 623 , 660 4 7 696, 200 Moving - 1 - 1 1 - Razing - 3 47, 213 - 1 1, 500 Remodeling (Res. ) 3 29 106,533 7 33 285, 309 Remodeling (Inst. ) - - - - 1 30, 000 Remodeling (Comm/Ind. ) 2 34 2 , 641, 470 5 43 2 , 638 , 947 TOTAL TAXABLE 51 413 23 , 948, 297 56 399 17 , 314, 213 TOTAL INSTITUTIONAL - - - - 1 30, 000 GRAND TOTAL 51 413 23 , 948, 297 56 400 17 , 344, 213 No. YTD. No. YTD. Variances 2 5 0 5 Conditional Use - 8 1 9 Rezoning - 5 2 Electric 48 397 39 302 Plumbing & Heating 72 490 41 405 Total dwelling units in City after completion of all construction permitted to date 4 , 770 Jeanette Shaner Building Department Secretary CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN OCTOBER, 1992 9676 St. Mark's Church 305 So. Scott Sign 670 9677 Dennis Downs 2056 Hilldale Drive Pole Bldg. 6,500 9678 David Brick 1108 Dakota Street Storage Shed 1, 100 9679 Void 9680 J. Fox Const. 8615 Boiling Springs Ln. Porch 4, 600 9681 David Schmitt Const. 973 Primrose Lane House 70,852 L 7 B 5, Meadows 7th 9682 David Schmitt Const. 1013 Primrose Lane House 74 , 630 L 5 B 5, Meadows 7th 9683 Gary Bergquist Dominion Hills Grading 9, 500 9684 Pioneer Construction 1211 Harrison St. Remodel 12, 000 9685 Laurent Builders 1113 Polk Street House 61, 119 L 11 B 2 , Minn. Valley 7th 9686 Laurent Builders 1144 Polk Street House 65,768 L 7 B 1, Minn. Valley 7th 9687 Allan Thomas Homes 1224 Tumbleweed Circle House 79, 194 L 8 B 3 , Prairie Estates 2nd 9688 SuperAmerica 1155 East 1st Avenue Shipping 20, 000 Structure 9689 G. F. Juergens 803 Barrington Dr. House 180,000 L 2 B 6, Beckrich Park Estates 9690 Logeais Homes 1275 Sage Lane House 70,221 L 12 B 1, Meadows 7th 9691 Logeais Homes 1278 Sage Lane House 61, 084 L 6 B 2, Meadows 7th 9692 Marty Vavrosky 1194 Tumbleweed Circle House 102, 000 L 5 B 3, Prairie Estates 2nd 9693 Ronald Paschke 8786 Boiling Springs Ln. Pole Bldg. 10, 300 9694 Midwest Fence 1064 11th Avenue East Deck 1,700 9695 Daniel Lang 333 So. Lewis Street Remodel 100 9696 Ronald Larson 2084 Bridge Spur Garage Addn. 4,847 9697 David Clough 1214 Tumbleweed Cir. House 109, 000 L 7 B 3 Prairie Estates 2nd 9698 Valley Sign Co. 1393 C. R. 18 Sign 660 9699 Novak Fleck 976 Aster Lane House 75, 000 L 3 B 2, Meadows 7th 9700 Novak Fleck 1074 Primrose Lane House 73 , 000 L 2 B 4, Meadows 7th 9701 Novak Fleck 1322 Sage Lane House 73, 379 L 3 B 4, Meadows 7th 9702 David Schmitt Const. 643 Barrington Drive House 167, 836 L 6 B 2 , Beckrich Park Estates 9703 Roger Fischer 2051 Marschall Road Storage Shed 1, 200 9704 Greystone Const. 714 West 3rd Avenue Comm. 225, 000 9705 Brian Stately 117 East 1st Avenue Sign 100 9706 David Stenson 1424 Prairie Lane Fence 100 9707 Monnens Custom Bldrs. 1608 Jackson Court Addition 20, 000 9708 John Kirk 1156 Naumkeag Street Fence 50 9709 T.C. Construction 1033 Primrose Lane House 109, 000 L 4 B 5, Meadows 7th 9710 Drake Construction 1036 Aster Lane House 90, 000 L 4 B 2 , Meadows 7th 9711 Howe Company 7632 Hwy 101 Comm. 7, 072 9712 Banitt Construction 1461 C. R. 79 Porch 15, 000 9713 Kraus Anderson 1335 E. 10th Avenue Remodel 11,800 9714 Wilton Peterson 1705 W. 3rd Avenue Garage Addn. 7, 900 9715 Attracta Sign 1221 E. 4th Avenue Sign 2, 500 9716 Richard Hennes 1040 S. Pierce Storage Shed 1, 500 9717 C. H. Carlson 1433 Wood Duck Trail Fireplace 2 , 500 9718 Leroy Signs 738 E. 1st Avenue Signs 3, 100 9719 M. L. Barnard Inc. 539 Citation Drive Comm. 240,000 9720 SignArt 1244 Canterbury Road Sign 2 ,900 9721 Laurent Builders 1945 W. 11th Avenue House 62, 000 L 13 B 1, Minn. Valley 7th 9722 Laurent Builders 1104 Polk Street House 70, 000 L 12 B 1, Minn. Valley 7th 9723 SignArt 1113 Shakopee Town Sq. Sign 1,720 9724 Rollies Sales & Service 7070 Cretex Avenue Tank Removal 6, 500 9725 Building Restoration 889 Valley Park Dr. Comm. 100, 000 9726 Arno Heise 1317 Pondview Court Fence 100 9727 Ozmun Builders 338 E. 4th Avenue Windows 4,800 Total: $2 , 319, 902 TENTATIVE AGENDA Energy and Transportation Committee Shakopee, Minnesota 7:00 P.M. November 18, 1992 Chairman Drees Presiding: 1. Roll Call at 7:00 P.M. 2. Approval of Minutes - October 21, 1992 3. Dial-A-Ride Problems - Discussion with Representatives from National School Bus 4. Draft Policy for Late Submittal of Vanpool Driver Reporting Sheets 5. Informational Items: a. 1992 Transit Funding Assistance Budget Amendment Request b. Recycling Monthly Report c. Dial-A-Ride Monthly Report d. Dial-A-Ride Saturday Service Report e. Vanpool Monthly Report f. Business Update from City Hall (October and November) 6. Other Business a. The Need for a December Meeting - Discussion b. Next Meeting - Tentative for January 15, 1992 7. Adjournment Terrie A. Sandbeck Assistant City Planner CITY OF SHAKOPEE Please Call Aggie or Terrie at 445-3650 if you cannot attend the meeting. MINUTES OF THE SHAKOPEE ENERGY AND TRANSPORTATION COMMITTEE Regular Session October 21, 1992 Chairman Drees called the meeting to order at 7 : 10 P.M. , with Commissioners Drees, Reinke, Stafford, Case, and Kelly present. Commissioner Mars was present at 7 : 55 P.M. Also present were Barry A. Stock, Assistant City Administrator; Terrie Sandbeck, Assistant City Planner; and Kate Ellis, Community Development intern. Commissioners Reinke/Kelly moved to approve the minutes of the May 20, 1992 , meeting. Motion carried unanimously. Chairman Drees requested that the adoption of Roberts Rules of Order be added to the agenda as Agenda Item #3 . Commissioner Stafford/Reinke moved to approve the adoption of Roberts Rules of Order as the parliamentary procedure to be followed by the Energy and Transportation Committee. Motion carried unanimously. Mr. Stock presented information regarding the proposed budget amendment for 1992 . He stated that each year the City of Shakopee receives funding for transit operations from the Regional Transit Board. Based upon the review of the current expenditure status and the recent implementation of two new Vanpools within the system, it appears that the City will exceed the budget amount approved by the RTB. Mr. Stock stated that staff is recommending that the Energy and Transportation Committee request that the appropriate City officials submit a budget amendment request in the amount of $6, 600. 00 for the RTB' s review and approval to cover these unexpected costs with the two new vehicles. Commissioner Reinke suggested that the Energy and Transportation also instigate a marketing program for the Dial-A-Ride system. The Commissioners discussed the need for a marketing program and the various types of marketing techniques available. Mr. Stock stated that staff has been receiving additional requests for handicapped accessible vehicles within the Dial-A-Ride system, and that there is currently a standing order for such a vehicle during the peak operating hours. Mr. Stock suggested that the Energy and Transportation Committee may want to consider implementing a handicapped accessible Dial-A-Ride vehicle by November 15 , 1992 , instead of January 1 , 1993 , as previously planned. Reinke/Stafford offered a motion requesting that the appropriate City officials submit a budget amendment request to cover the costs associated with the following: Minutes of the Page - 2 Energy & Transportation Committee October 21, 1992 1. Additional unexpected Vanpool costs; 2 . Dial-A-Ride Advertising campaign; and 3 . Additional handicapped Dial-A-Ride vehicle effective November 15, 1992 . Motion carried unanimously. Mr. Stock stated that one of the goals and objectives for the Shakopee Energy and Transportation Committee was to conduct a Dial- A-Ride survey to determine ridership needs and satisfaction. Dial- A-Ride drivers recently distributed these surveys to the users of the service. The Energy and Transportation Committee reviewed and discussed the survey results. Mr. Stock stated that, although the results of the survey were positive, the survey should be redistributed during the winter months when there is a higher rate of ridership. The small sample size of this survey, with only 30 responses received, may make the survey results unreliable. Mr. Stock stated that staff has encountered difficulties in processing information from Vanpool driver reports to the Regional Transit Board due to late submittals of monthly reports from some of the Vanpool drivers. A letter was mailed to all of the drivers on September 8, 1992, reminding drivers that the Driver Reporting Sheets must be submitted within ten days of the end of each month. Discussion ensued between the Committee members on methods of alleviating this continual problem. The Committee discussed the possibility of developing a policy to charge Vanpool drivers a certain percentage of the monthly Vanpool fare for each month they submit late reports. After the submittal of four late reports within a year, the driver would be replaced. Commissioner Reinke suggested that drivers offer another rider an incentive to complete the monthly reports for the driver to assist in submitting the reports in a timely manner. Kelly/Reinke moved to request staff to develop a policy to provide disincentives to the Vanpool drivers when they submit late Driver Reporting Sheets. Motion carried unanimously. The Commissioners will review and take action on this policy at a later date. Mr. Stock explained a letter from Greg Andrews, Executive Director of the Regional Transit Board. The purpose of the letter was to clarify the recent RTB action to exclude vehicle capital costs from the opt-out's operating funds beginning in 1993 . Only vehicle operating charges associated with the delivery of transit service will be funded from the 90% transit property tax. Mr. Stock explained that grant money from the federal government is intended for the acquisition of buses. Under the new policy, a portion of the City's monthly costs will be considered capital even though no vehicles will be purchased. Beginning January 1, 1993 , capital costs will be funded form another funding source. Approximately 25% of the Vanpool expenses will no longer have to Minutes of the Page - 3 Energy & Transportation Committee October 21, 1992 come from the City' s property taxes. The Dial-A-Ride program costs are $22 . 15 per hour, and the capital portion of this is $2 . 01. Mr. Stock went on to say that the City may have had to cut services without this change in policy. He also stated that this policy change is a result of joint lobbying efforts with other opt-out communities. The Committee discussed the legislative liaison/government affairs representative proposal for opt-out transit systems in 1993 . Mr. Stock stated that the monthly cost to the City for the work by this representative is only $450. He stated that this is a very small amount in comparison to what the City's transit programs have gained this year from the lobbyist's efforts. Committee members discussed the Recycling Report, the Dial-A-Ride Report, the Saturday Dial-A-Ride Operations Report, and the Vanpool Operation Report. Reinke/Mars moved to adjourn at 8:22 P.M. OFFICIAL PROCEEDINGS OF THE SHAKOPEE COMMUNITY DEVELOPMENT COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 21, 1992 Vice Chairman Albinson called the meeting to order at 5: 30 p.m. with Commissioners Brandmire, Miller, Unseth, Albinson and Phillips present. Commissioners Mars and Van Horn were absent. Barry Stock, Assistant City Administrator and Kate Ellis, Intern were also present. Brandmire/Miller moved to approve the minutes of the September 16, 1992 meeting as kept. Motion carried unanimously. Mr. Stock gave a brief Economic Development update. Mr. Albinson reported that he has closed on a land transaction for Aurora Casket. He noted that they would be constructing a 15, 000 square foot warehouse building along Citation Drive. Commissioner Mars arrived at 5: 35 p.m. Mr. Stock reviewed the process that the Community Development Commission had been utilizing in our attempt to evaluate the development potential for Block 4 in downtown Shakopee. Mr. Stock stated that six (6) development options were identified by the Commission for review and analysis. He stated that based upon today' s market conditions and the demand for retail property as well as the cost factors involved, it would be staff 's recommendation to not pursue acquisition of the property located in Block 4 at this time. Mr. Stock stated that on October 7, 1992 in a Committee work session much discussion ensued on the possibility of utilizing dollars that may be available to pursue public improvement type projects as a means to stimulate downtown redevelopment. Mr. Stock noted that he has drafted a pre-development plan which addresses many of the concepts developed at the work session. Mr. Stock then reviewed the components of the pre-development plan. Mr. Stock noted that earlier in the day he had appeared before the Downtown Business Association to discuss the Community Development Commissions components in the draft pre-development plan. Mr. Stock noted that the concepts were well received by those in attendance. He noted that the first three items in the pre- development plan could be pursued in conjunction with the completion of the mini by-pass. These items included a re-design of the proposed parking lot north of the bebow so that it would be more aesthetically pleasing. The parking lot could also include plantings and lighting elements consistent with those used in the downtown redevelopment project. The second item identified would be the construction of an ornamental rail along the bridge and by- pass to match the character of the ornamental lighting. Finally, it might be appropriate to work with MnDOT to ensure that additional lighting in installed under the bridge at Levee Drive. Official Proceedings of the October 21, 1992 Shakopee Community Development Commission Page -2- Discussion then ensued on the appearance of the buildings facing the mini by-pass. Mr. Stock noted that the pre-development plan identifies securing the property from the rear building face to the alley in Block 4 . This could be done through either a conservation easement, permanent easement or out right acquisition. Mr. Stock stated that the purpose for obtaining the property from the rear building face to the alley would give the City the ability to install plantings and resurface the existing bituminous. These plantings could serve as a retaining wall/buffer to improve the aesthetic appearance of the rear building faces. The City may also want to consider would be to utilize the rehab grant program and increase the grant percentage amount for priority development zones. Finally, it would be fairly inexpensive for the City to repaint the rear portion of the City Hall that is constructed of block. Mr. Stock noted that the plan also calls for the City to adopt strict regulatory standards to ensure consistent aesthetic building improvements in the downtown area. This could be done by simply amending the City Ordinance in terms of the B-3 district and required building standards. Mr. Stock noted that in Stillwater they have gone the extra mile and created a historic preservation district. Within the historic preservation district all building improvements must adhere to the strict historic preservation guidelines. Mr. Stock noted that he felt that this was perhaps more than what the City of Shakopee wanted to consider but that it could be done in a less restrictive manner. The next item regarding public improvements related to undergrounding the overhead utility lines within the downtown area. In conjunction with undergrounding the overhead utility lines staff would recommend reconstruction of the alleys within the downtown area. Mr. Stock stated that the Shakopee Public Utilities Commission (SPUC) has completed preliminary cost estimates for said undergrounding but that no meetings have occurred between the City and/or SPUC regarding potential cost sharing. Identification and construction of additional parking lot locations within the downtown area was also identified in the work session as a public improvement that should be pursued. Following the completion of the downtown mini by-pass, phase II of the downtown redevelopment project should be pursued. Finally, to improve the appearance of the downtown area and impress a positive image upon those persons who are traveling through and into our community the Commission suggested that the critical entry points be developed and improved by constructing structures such as fountain, tower, plantings, etc. Discussion ensued on the redevelopment options. Mr. Phillips stated that he was under the impression that if the City acquired Official Proceedings of the October 21, 1992 Shakopee Community Development Commission Page -3- the entire block they would still be able to lease it out and that it would be subject to taxation. He noted that the loss of tax base is not valid providing the City leases the property out for commercial and/or retail use. Mr. Stock stated that he felt Mr. Phillips was correct and that any reference in the revitalization analysis that was contrary to this would be changed. Discussion ensued on the impact of plantings on rear building signage. Commissioner Albinson stated that if tree plantings are installed they would mask rear building signage. He doubted whether or not property owners would be willing to grant an easement if their rear building signage was blocked. Discussion ensued on whether or not rear building signage should be allowed on this block. Mr. Miller stated that he felt that rear building signage should not be allowed and that the City could adopt stricter regulatory ordinances to control signage in regard to this block and the downtown area. He went on to state that perhaps signage could be allowed but that it would have to be much smaller than what might typically be allowed on a building frontage. Mr. Mars suggested that perhaps the City would want to include in their critical entry points the development of an off premise advertising sign that could be owned by the City of Shakopee. Signage on the larger display sign could then be leased to property owners in the downtown. It was the consensus of the Commission that signage should not be forgotten in this process. One of the other options discussed to improve the appearance of buildings facing the mini by-pass was utilizing our existing rehab grant program. Discussion in the past has focused on the possibility of developing priority development zones. The development zones could perhaps have an increased grant percentage amount based upon the condition of the buildings in the block. Finally, one concept that could easily be accomplished would be to repaint the City Hall building to an earth tone color. Mr. Stock noted that at the present time the City does have building material standards for projects completed in the downtown area that utilize City financial assistance programs. Mr. Stock stated that one of the items that is listed on the pre-development plan is the adoption of regulatory standards to ensure consistent aesthetic building improvements. The adoption of these standards could be included in the City Code and would apply to all building permits int he downtown area. Regulatory standards could also be adopted in regard to rear building signage consistent with the previous discussion. The next public improvement listed in the pre-development plan relates to the underground of the overhead utility lines within the alleys downtown. Mr. Stock stated that no discussion has taken place between SPUC and the City Council on this matter. It might Official Proceedings of the October 21, 1992 Shakopee Community Development Commission Page -4- be possible that all the blocks within the downtown area would not need to be underground. A underground plan could be put together to focus on those blocks which are a priority. Closely related to the underground of the utility lines is the reconstruction of the alleys within the downtown area. These two items go hand in hand. Resolution to this matter should be accomplished within the next two months if we expect to see the alleys improved in 1993 . Mr. Stock stated that the cost to underground overhead utilities in the downtown area varies between $40, 000-$45, 000 per block. The cost split between the City, SPUC and the property owners has not been discussed. At this time, staff has been loosely referring to a 33% split between the three parties. However, no formal Council discussion has been held on this matter. Mr. Stock noted that the previously mentioned cost estimate does not include the individual property owner costs for undergrounding the service connections to their buildings. Costs for resurfacing the alleys is approximately $6, 000 per block. Again, no Council discussion has been held regarding the assessment split for this project. It might be possible that only 25% of the alleys could be assessed. It is up to Council to determine if this constitutes new construction or reconstruction. Mr. Albinson questioned the possibility of receiving grant funding from the State of Minnesota Small Cities Development Grant Program. Mr. Stock stated that he has spoken with a representative from the Department of Trade and Economic Development regarding this program. The State Department official has indicated that to put together a grant application is a major time commitment. Mr. Stock noted that the next grant application deadline is scheduled for next September. He stated that current staffing does not allow for the City to put together a competitive application. Mr. Stock noted that a significant amount of time is needed to complete surveys of the tenants in the downtown area as well as the property owners. The Small Cities Development Grant Application Program must include a housing element. Mr. Brandmire stated that he has been involved with the Minnesota Small Cities Development Grant Program and that staff is correct when they state that it requires a significant amount of up front time with no guarantees of funding. The final components of the pre-development plan include completion of phase II of the downtown redevelopment plan and the development of critical entry points at each major intersection of the mini by- pass. Discussion ensued on the cost estimates for each of the items listed in the pre-development plan. Mr. Stock stated that he has generated very rough estimates for each of the items identified in the plan. Redesigning the parking lot north of the bebow was estimated at $50, 000. Constructing an ornamental rail along the mini by-pass ranges between $50, 000 - 100, 000 depending on where Official Proceedings of the October 21, 1992 Shakopee Community Development Commission Page -5- the railing starts and ends. Staff projected that securing additional lighting under the bridge at Levee Drive could be done for nothing. Resurfacing the area from the rear building faces to the alley in Block 4 and installing plantings was estimated at $50, 000. Repainting the City Hall building was estimated at $2 , 000. Adopting regulatory standards to insure consistent aesthetic building improvements in the downtown area could be accomplished by simply amending the City Ordinance. Undergrounding the overhead utility lines within the downtown are would vary depending on how many blocks were included but a round number for discussion purposes was set at $100, 000 (City share) . Reconstructing the alleys within the downtown area would also vary depending on the number of blocks included and the City's determination on whether the project should be 100% assessed or 25% assessed. Identifying additional parking lots locations in the downtown area and constructing parking lots was estimated at approximately $200, 000. Competing phase II of the downtown redevelopment plan was estimated at $1 million. Developing critical entry points along the mini by-pass was estimated at $100, 000. Discussion ensued on the identification of parking lots on the south side of the bypass. Commissioner Miller questioned whether or not the plan should actually identify the parking lot locations at this time. Mr. Stock stated that he felt we should not specifically identify parking lot locations in the plan. However, at the time a presentation is made to the Shakopee HRA sites could be suggested for further consideration. Commissioner Albinson questioned how much of the phase II downtown improvements would be assessed. Mr. Stock noted that he estimated that approximately 25% of that would be assessed consistent with phase I. Mr. Stock also noted that some of the cost items were totally picked up by the City most notably the streetscape improvements. Mr. Stock did note however that a certain portion of the phase II costs could be absorbed by other City funding sources including the sanitary sewer fund and the storm sewer utility fund. Discussion then ensued on the possible funding sources for the items identified in the pre-development plan. Mr. Stock noted that the tax increment trust fund balance currently has a balance of approximately $3 million. In the year 2002 the balance is expected to grow to $6 million. Mr. Albinson noted that the numbers stated by staff assume no further development within the tax increment financing areas. The numbers also of course assume that the existing property owners do not go delinquent on their property tax payments. Mr. Stock noted that the aforementioned numbers include the most recent rededuction in assessed value granted to Canterbury Downs. Official Proceedings of the October 21, 1992 Shakopee Community Development Commission Page -6- The second possible finding source identified includes the administrative proceeds generated by the FMG tax increment project. Mr. Stock noted that the administrative proceeds will equate to approximately $60, 000. A closely related funding source would be the HRA fund balance which has a balance of approximately $200, 000. Mr. Stock stated that Council has taken the proceeds generated from the sale of the parking lots behind City Hall ($270, 000) and deposited them in the capital improvement fund balance. There has been some general discussion by Council that these funds should be utilized to replace parking as a result of the mini by-pass. A fifth possible funding source included the small cities development block grant program. Commissioner Miller questioned whether or not any of the tax increment trust fund dollars have been committed to any particular project. Mr. Stock stated that the City has discussed the possibility of using the tax increment trust fund balance for phase II of the downtown redevelopment project and the acquisition of the property south of the Senior High School as well as a future community center. However, he was not aware of any official action that formally designated a portion of the tax increment trust fund dollars to any particular project. Mr. Miller questioned the timing of the major cost items identified in the pre-development plan. Mr. Stock stated that phase II of the downtown redevelopment plan could not be pursued until after completion of the mini by-pass project. If the mini by-pass project is completed in the fall of 1993 , he noted that phase II could occur as early as 1994 . Commissioner Albinson stated that under the current tax increment policy of the City (pay as you go) that no surplus will be added to the fund balance. Mr. Stock stated that this would be true of new tax increment financing projects pursued where a new district is created. However, new development projects that occur within the existing tax increment districts would in fact generate tax increment surplus. Surplus would be generated even though a particular project might not receive City financial assistance. Additionally, Mr. Stock noted that if a new tax increment financing district were created for a particular project that the City could still collect an administrative fee. Mr. Stock stated that if we completed one FMG project every year that we could generate as much as $60, 000 per year in tax increment financing administrative fees. Mr. Stock noted that a portion of the administrative fee would have to be used to offset costs associated with City' s financial advisor and bond counsel. Mr. Mars questioned where the administrative fees collected on tax increment financing projects was deposited. Mr. Stock stated that these administrative fees are deposited in the HRA fund balance. Mr. Miller questioned how the HRA budget is determined. Mr. Stock stated that the HRA has the ability to tax a small amount. The tax dollars collected generally are adequate Official Proceedings of the October 21, 1992 Shakopee Community Development Commission Page -7- to fund the expenses identified each year in the HRA budget. The City also generates excess dollars by charging administrative fees on tax increment finance projects. Mr. Stock stated that at the present time a small amount of the City Administrator, Assistant City Administrator and Executive Secretary staff time is allocated to the HRA fund. Mr. Mars stated that in previous meetings we discussed the possibility of creating an EDA or a Port Authority. He questioned whether or not either one of these two options could replace an HRA. Mr. Stock stated that to the best of his knowledge an HRA had the broadest set of responsibilities and authority. He was not sure whether or not the creation of an EDA or Port Authority would actually generate additional powers that an HRA does not already have. Mr. Stock stated that creating an EDA or Port Authority would allow for a body to be created that would not be comprised 100% of City Council members. He went on to note however that an HRA technically did not have to include all of the City Council members. Mr. Stock stated that Mr. Albinson discovered at a recent Star Cities conference an individual who is well versed in the difference between an EDA, Port Authority and HRA. Mr. Stock suggested that it might be appropriate to have this person appear at the next CDC meeting to give a brief presentation to the CDC outlining the merits of pursuing an EDA or Port Authority. Mr. Stock stated that he thought that the HRA would not set a special meeting to discuss the recommendation of the Community Development Commission until a date following our officially scheduled November CDC meeting. This would allow the CDC to discuss in greater detail the merits of creating an EDA and/or Port Authority. If upon further analysis the CDC believes it would be beneficial to create an EDA or Port Authority a recommendation could be forwarded to the City Council. Mr. Albinson stated that he liked the concept of an EDA or Port Authority that was comprised of two (2) Council members and five (5) residents. Mr. Albinson stated that he felt and EDA could be self funding in terms of the administrative fees collected in conjunction with projects approved by the EDA and their levy authority. Mr. Albinson stated that he felt the City of Shakopee needed someone who could exclusively dedicate their time to economic development issues. Mr. Miller questioned whether or not their was a difference between hiring a full-time economic development authority director as compared to a housing and redevelopment authority director. Mr. Stock stated that in his opinion there was no difference. Mr. Mars stated that quite a few of the items identified in the pre-development plan will require the property owners to invest in their properties. He questioned the support for these projects. Mr. Stock stated that he felt the first step was to adopt a pre- development plan. City staff could then approach downtown property Official Proceedings of the October 21, 1992 Shakopee Community Development Commission Page -8- owners in small block meetings to discuss their support for the various items identified in the pre-development plan. Mr. Stock agreed that downtown property owners support was critical but that until such time that Council officially decides to approve something it is difficult to proceed. Commissioner Albinson questioned whether or not their will be adequate time to put together a small cities development grant application to offset costs associated with undergrounding the overhead utility lines in the downtown area. Mr. Stock stated that the grant program would not permit retroactive financing of projects previously completed. Therefore, if Council and SPDC were to pursue undergrounding of the overhead utility lines in 1993, they would not be eligible for grant funding under the small cities development grant program. Mr. Stock suggested that the CDC recommend that the HRA establish a special Committee of the Whole meeting to discuss the pre- development plan. He noted that on November 3rd, City Council did not meet until 8 : 00 p.m. He doubted whether or not there would be adequate time to fully address all the issues associated with the revitalization analysis and pre-development plan. Commissioner Brandmire moved to recommend to the Shakopee HRA that option 2 (maintain the status quo) be adopted. Option 2 for point of clarification recommended that private investment and redevelopment of block 4 be encouraged by the City. Commissioner Brandmire noted that he would like his motion to include the adoption of the pre-development plan and request the HRA to consider hiring a full-time economic development specialist in 1993 . Commissioner Miller seconded the motion. Discussion ensued. Commissioner Phillips stated that he felt that it was important to the City to secure development control of block 4 . Mr. Phillips stated that he liked the elements in the pre-development plan but also supported City acquisition of the property. Chairman Mars stated that with the limited dollars available he felt that it would be in the best interest of the City to pursue permanent public improvement rather than focusing on one particular block. Commissioner Phillips stated that if we are talking about a pre-development plan that will cost approximately $3 million he questioned whether or not another $700, 000 to acquire the block and maintain development control was out of order. Commissioner Albinson stated that he concurred with Commissioner Phillips. He stated that he felt it was important to the City to maintain development control. Commissioner Albinson stated that he did not believe the City being a landlord of the property was a problem. He stated that the property would still generate tax revenue and that if the City were to hire an Economic Development Specialist this person could also be responsible for managing the property. Official Proceedings of the October 21, 1992 Shakopee Community Development Commission Page -9- Commissioner Phillips stated that he felt that the public improvements noted in the pre-development plan would be beneficial but that a major happening needed to take place in the downtown area to really stimulate development. He stated that City control of the property would also alleviate any concerns about signage and serve as a interim solution until a developer could be found. Commissioner Brandmire stated that he agreed to some extent but had a problem utilizing public monies for speculative purposes. He stated that under Mr. Phillips scenario the City would be speculating with property tax dollars in the hopes that a developer would come in and develop the whole block. Mr. Brandmire went on to state that he felt that in the future if a developer comes to the forefront that the City could always go in and acquire the property through the creation of a tax increment district. He stated that it might be true that the property could be more costly at a later date but then you would at least have a guaranteed developer in place. Mr. Miller stated that he wanted to make sure that option #2 simply involved the encouragement by the City for private redevelopment of Block 4 . Mr. Stock stated that option #2 simply involves the encouragement by the City to promote private investment into the rehabilitation of Block 4 . Mr. Miller went on to state that option #2 does not include a masking device to improve the rear sides of the property in Block 4 . Mr. Stock stated that the pre-development plan addresses the City involvement in completing some type of masking device. Motion carried unanimously. Brandmire/Albinson moved to adopt Robert' s Rules of Order as the official parliamentary procedure to be followed by the Community Development Commission. Motion carried unanimously. Mr. Stock reported that the mini by-pass project is scheduled for completion in the fall of 1993 . This is a little earlier than what was originally projected. The meeting adjourned at 7 : 10 p.m. Barry A. Stock Recording Secretary 4- (,) BULLETINassociation of metropolitan municipalitiesp Oct.27, 1992 To: Mayors and Managers/Administrators / FROM: Karen Anderson,AMM President • RE: Metropolitan Council member nominations In January 1993,eight of the Metropolitan Council members'appointments expire. Some will be seeking reappointment to their seats;others will not.The odd-numbered Council District seats are the ones affected. I am honored to be a member of the Governor's Metropolitan Council Nominating Committee,which has the task of finding good,qualified candidates for the governor to consider. The Metropolitan Council in 1993 will be making decisions that will affect cities and their residents for many years to come.For example,the Council will continue its revision of the MDIF, implementing the strategy outlined in its Metro 2015 vision document,continuation of the dual-track airport planning process,as well as water and pollution related issues and its legislative agenda. I am asking you for help in finding qualified candidates with experience in municipal government and who have a metropolitan perspective.I believe this combination of experience and perspective, coupled with the belief in the strength of local governance,will help us attain the best candidates for appointment. The nominating committee will begin meeting and conducting public hearings in November on the penaing vacancies,and expects to complete its work in January. People who have questions about the application/appointment process may call Cheryl Talberg or John Hultquist in the Governor's Office,296-0077. Those who are interested in applying may request an application from the Secretary of State's Office,Open Appointments Division,297-5845. Again,the committee is looking for the best candidates for the Metropolitan Council seats. With your help,I believe the cities in the affected districts can identify such nominees. Thank you for your assistance. DISTRIBUTION NOTE:This bulletin has been mailed to mayors and managers/administrators only. Please feel free to duplicate and distribute as you believe necessary. 3490 Lexington avenue north,st.paul,minnesota 55126(612)490-3301 •-1 ►- U 40-I ID -I ON Of 00 0.1(0 0) V•-I N N 1- M O N 00 00 (D 0 -I N 00 00 N M 0)O) N M o . . . . . . . . . . V.-I0 0. .-1(•)(O In O V V--/ N N M(O(0 U) O N O O) .-1 V N(D-I(D M 1110)O) (D -••I N U)D1 -I M000-+M O)O NNOMh 0 Il)'ct N 00 00 0 -I0)(0VN 0)0000 -1 0 (7 W II 1 I I. 1 I. I. (. I. I I. I. 1. I. 1. (. I. < U NO-4 (D 0000000U)0,40000000 CO 0000000M0 M OOU)(0000U)InOOM0-10 a Z VMN. m 00000000V(00000000 -+ 000000000 •-1 0VV00000)00V0M0 ' r•I 00)0 V 00I-V0000MOON0000 M N(000-I O(0M 0) V 00000NM00(00(0 2 1n00 00 .-(MVNV000000V-(n 00 (QV0001n COON W -rVVMNWOMVONVN < VNN CO (00)--IN U)M00-INU)N -( O VNM000 U)040 00 NN.-4MNOMMMV(OVO > - - - - - - - - - - - - - - - - N -41, M 1- V N M V ^40)04m-4 .-1 U) CO .400 0.-4 IA -•( V O) W M00 V N M .'1 N.U)-I .'1 MO N I V M N M -4 F- M I < 0 M 0-1 1 < NOo) Io 00000001n0-10000000 (O 0000000t-C r� (IfV 0001fIn0ON0.-(0 Ii = V(VN 0) 00 N000000)4(00000000 -( U)I)001n00M0 0o O)V U)0 U)O M 0)00 U)0m0 O O F- U 00V V 0)(or-V00-4m00N000 M N0o(0 oo MM 0 V0000ONMO MOW N F..< VO4.-4 N 00 M VN(0 O)V In U)(O W V.-1M 00 (DOW V 4-41, 0) -(V U)M1`(D V M V N V N < •-INN 0 MO)•-(W M••4.-(NONInVN O) VO)M M N0 00 NN0004O•-IMM MVO C w.-40 O) N O V V N In 00 M N••I -y .I(0 O) (O MO V .-40)In N O)V M•--I (0 00 O)(O V .-401W 04.-4 -i CO N 0000 .-1 N 4-4.40 CO •-I < •-+ M •-( N -- M W N N ),- W W 000 0 00000000000000000 0 000000000 0 00000000000000 Z 000 0 00000000000000000 0 000000000 0 00000000000000 W > 000 0 00000000 00000 0 00000 00 0 00000000 0 0 0 W 0)00 0 00000000 00000 0 N0000 00 00 00000000 00 0 C (0100 -1 000N(Q000 000MM CO M.-100N Ino N. 00000000 VO 0 • (DODO 0 OU)OV O(000 NV-( N 0.1MV0000 N M 000NO(•)(M(0 N N F- U)1\1, 0 V N(0 O)-I .-I (Q V V N •-4 O) .-40.1M V N N.-4 I 0 N .-4V (O -1 W - .-1 N 1,- U 0. F- CC W 0 U Z G. < N W C C 2> 1- W W Z O Z 2..1 < 00-4 .-1 00000000000000000 U) 000000000 0 00N00000000000 W 0 OOr- n 00000004...000000000 M 000000000 0 ONN000-40000000 > U 0 N. N 4,..-4M0000 N 0) 04004-10N00 0 ZQ 0 (Q (O (ONNNV00N N 0 (0NPV U)OO U)(O O) W 0 r` N .-4.-IN 1.0V N x`000)•-+V V V M W - - - - - _ - _ C Ir 00 In M N--1 N 0 -4 (0 C U) (O •-( N N V V -( -( 0 OW M Z W > W C •I- 0 W N WI- i-- NZ M =W U) F- 0 Z .2 F- I-I 04-4 = In OW NN F- M 2 • 4-4Q Ow CO ZW JW Z0 N N X0=0 0 N < w0 W Om 40 0 W W F-N W F- C F-W F- M I- 1••- W M 2000 F-M W Z CM ZW (/)N N(•-I LUM O.I-( J M Q •F- > J U.> 01- 1 < Z> W OZ CF- MWWWN Z4-I-2 0-2 2 2 N 4.4(74-0 0 Q 2 d'ZC LU 0. 4.0 OM <1.1-00W WMMC MOW • C O <ZZZ 0 4- WWWW<W<> CW 0 M UC 2 4-I4-i00022W CWZW N W M M).40 X Z >0WWW2>W0 NC Y JF- Q In22 ZW M==0.0w 0.M0.N= 0. < WZQ0 <C W M UWNn 1 OWJN •M < <0 10.X 000UW0JWW F-F- Z Wm 1-1-42 WF-W 2 1-0 QZ W<YN< 2 CM Net MWZZUZ 00.J1-1CJW .0 ; ql F- << -2 2 Z C<ZWY4-004_I.>CY0 N WC }M)- DU«MWW <23<Q.NZZ >04-CYYOW4- W MC0-000ZONO 003W ZO >0 QUCCJ01-0000 00DWO N O<NF-3320-0 > <F-C<WW W 013 •C IL WN W 0 w<1w<14.1,_ MF- .1ZZI-I WftjjM (0Z W OW 22 < 1 0 U.NWC224.CWWW m 0 OW JJZ CJW4-14.-4Z0. CF- M N F-WW W00 0 > 4-4W0U(/)0 I NZC0O_F- O <M N WWYWO COm< CCF-W -...1 • Z J000WWJW1- C WZZ V) N<M I-4 •W Y• \ .00 W JJ 0JOC<J22Jw0w0 U W <WMMf-F-MCZ W JMM •ZWWF-W< JUW F- •-(F- zoo X mm<mQWQ►-Im0-J3WCN0N U 0IJJ«mO< F- JI00<NJ<JF- mIC t•-I OZ up-40 < «C<MWMmJWWWJF-MOM M OOOOF-F-00C Z <0ZZJN<JWWZmM1- 0 D 0I&.J I- 004-0J(0m0-23NWN1O2 J J20_.NNS4O M ><WWd<N0CCNO-2U) N 00 -c40 x N-0000-INVNMVI(ONOOO-4 ■ --INMVNMN•-40 +I (QNC0-INMV(Or-0 -4MV 0) ZU ,4NN +( 000-(4-(-(-(MMMMMMMIn(0(O ; NNNNMMMVI X 000-I-I.l-I-1-(-•(010.10404 0) O< 000 1I K MMMMMMMMM t 00000000000000 .-i 4. MMM R M M M M M M M M M M M M M M M M M x M M M M M M M M M x M M M M M M M M M M M M M M N I- U its --t0(OVNV 00 VV 0 N-N)- .4 NO) .-IVV IS O L1)0)(000Ni NM-'O)NN a . . I` OOISMMV O ON (0.40ND NO I..00 00-4NVNVV NNOf-..'O CD IAVro--IOC) M MN O(0' 0)0 N-4 0O't- I.4WO1-N0O NM0ONVP W -i .-I .-I M .-I -1 -( -.I V •--I H 4 H .-I -y O W I I I I I I I I I I I I I I I II I I I II I II < 0 O0)V)00000000000000000000000000000000000000000000000-4a0 M Z 000-+0000 'IOONONOOOOOOOOOOOOOOOOOO1..0 000OOOOOOOOtnWOOLAN '-I 0)M I--4(0- N-I (0 NV00(DM0001nN0000OOto 0)000I)N ON-00(0ON 0OMV-IC)C) .4 h In N0)-I C M-I(DO0M-4(0--+-IO)(D0t-OM-+I--+MCOOa0inNMOOISN o)O-4 r-OO)0N PM 00 O 000)-40)OMO) I-M•-IU 1,-ISNMV (DOOIAI,MMNNVM MMMOOOM-I-1NIn(nMO -i NOM (ONVV-It►M-1-I4, N M-I t` V V N-I .-1.-1 -I OM N V .-i.4 .-I -I N .4M 0) M W M -I I - V I I- M 1 < O -I [1.../ < ON-0 W 0 0 0 0 0 0 0 0 00 0 0 0 O O O O O O O O O O 0 0 O O O O O 0 0 0 O O O O O O 0 0 O O O O 0 V U O OF- OVO-IOOIf00OON00000000000000000O0OOt-OM000O0000000000OCInN 0 OMIT-IV00t�0OVW NV-IVMOOOIA000 N OInMO NON N00p)00 WN.V.-I OVOON-inl-C.-) N F-Q (D•-I(00.4(O•'IM-+-I00-4NOM-IMWV(O VNMO VNO) 0O)(OO)InNN000 0000-10VM0 Q N-C°)-4In NVI-(Dm O)00(ONMMI�VN.4m VOOM-I I-CON VIA-I.400InCDI-(D VMOOM-IM-(V C N-I r.-I 0 O)00 000) .•1-I M V .41... -I.-(M M 0..1 .-I .-I 00.-I.-i Is. O) M --1 .-I..I N Q M M W ›- W W M 0000000000000000000000000000000000000000000000000000 Z 0000000000000000000000000000000000000000000000000000 W > 0 000000 0 00 0000000000 0000000u)00000 0000000 W 0 000000 0 00 0000000000 000000N1-00000 0000000 C U) 0000O0 M NO 0P.. in0)MVCVO -I00)N- nitN-I.-I1AO►- N000000V • -4 .-I in V(D O 0) M-I M V -I WV N..4 V M-I V M .-I.-1.-I-I N O I- -( C4.4.-IN N -Y 00 N V W I- 0 a F- C W 0 U Z a Q w W C Q C 2> F- W Z M O I I Z XJ I < O Oln 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M Oin W M O O N 0 0 01n 01n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 V O N F-F- > 0 00MM ^ N 0 N 0 0 C 0 LAW 00 (D Z< M 00 O) .-1 N N N IA V .ti N V.4 O) -4 W O) N N M (D -y W C M0 N C V C OW Z W > W C •I- 0 W W W LL 1 U) J J N W y 0N00 J /-1- Z 0 I"IZZ • M N Na W Z J CZ< a NII- F. =CCJ J N W J C JIC W OO W MZ Q WI-IS- I JZOZ C I .zJ J J 1-1 C.)Z CD J(I)J >-J<0 WJZ0 a ILO V N)IL0 0000w 00 COZ0-0 QJQJI ZO Z <00JJ JJ C<0M ILQW 0 s-I a 0-0NZ> F-a WJLU4 'C 00J00J 1 40-1 1.4 mm'-1 JJ 5-m I- N>W Y Ji- WI WK).f LUa CMW Z( h-WCF-m 1-Qy<0001- _JCI-Jm Qy QQN 2)00 I-OWU Q Qa 00000 WY I W W ..II-I Q NWCW0I-I-I <01-WWU (Wmm►-I =WI-'C Z11=04 2 CH ZZZI-ICnUODUJJO >0 WILI-U aYF-JI-J0OF-(�WI-Z 0JCZ WV) > N WC <00JWJI-i1-IZ OZ WZ 2 MO I-1(AOJILOZ)OMW(0C�N�IO4.((0002 0JOX 0s- CDC 1NC0 ~OZNYO>NO0zw W WN / LQVa0-)JJO( JWmF-mN5WWF-30mNmn=mF-IX>00001--0 0 OW C00(/) 0 ZCfM KQQQCQUQQ 1-I Q F-WWJ 0 ZWW •0 CONI •0mmM00MC5--+1-1-1-1-F-I-F-F-1-=2222222=222202222 WOO< y \ I-4000ZWW00-II0y= 0).- Z1-.2................1..F-1-0 1--1-I-1->- I Mya• I.- -IF- CZZNOCF-Q . I .NdQWWQ0011-0m ==mmmOOQO0000000]OOy0000ZzIA-0 - 1 w OZ 0400004aw0304JWWaJ204004000000000=000000000000Q0000040WWX 0 0 1L00IaIL304(0I0-Z0-00-00-00-« a««act.yy}}}y}}}}yypZCCW N 00 CGh00-INM0O•-IN0ODnm M1A(DnOOm O--INMVIA(DI.00m0-INMIn00m.-I(D►.000s O•••INMU'Im I.-ONM CI) 10 MMMMV V V V V V V IAICY(AMIAIn(D(D(D(D(DCD(D(DmCDI-I-I�NNNN00000000OOOCMMMMM0,,U, M MQ 0000000M0000000000IAIAIn In NIAIf'1Ntn0000<nNmmmmlAmll'0000lnlnlnlnm(O(D(D --I LL MMMCM(hC- MC MMCMMMMf7P9P')C")(hMMMMMMMMMMM SCOMMMMMMCMMCIMMMMMMCIMMMM M I- U C) N N N N CO V V r C) -4 CL W n F- CO NCO CO N 10 C) 0 I,. CO 10 W -10.1.-1 V CO -4 CO W -.y (J W 1 1 1 I I I I 1 11 I 1 < 0 0 N r` r` 00V0000--1 In 00 0 N a Z 0 V co 0o 00u0000-4 CO 00 0 C) 1-1 M M M 0 10 0 I))C)N C) NCO co 0 OC O a a 0 -40 CM N F-0 N N0 a CO Q Is M M 0 00000V 0) r.0 co CO > - - - - - - - N N -1 a r` N0 ^ co Co CAV M C) W CO N N C) -I -4 NO N 0 1 -+ a CO ^ 0 a F- - M a 1 Q 0 --1 0_, < 0 co M M 000000000 0 00 O In W m O V) -•1 .4 00.4.000000 M 00 O O U CQ-4 0 CO 0 0 0 C)n O co 00 In H HQ M co CO f\OM�n= CO CO CO .-1 Q M W CO N 01nM-•10 N N N V = n M M m0 VM r` 0 0 In N V V n co co CO V Q Cs. -.1 a 0 W V ›.- w W M 0 0 0 0 00000000 0 00 0 0 Z 0 0 0 0 00000000 0 00 0 0 ty > to 0 0 0 0 000 0 NV CO -1 W CO 0 0 0 CO 000 C) N00 0 0 CC 0 0 0 0 --1 O M O V r.M a a • 0 V) N r` CO CO M N CO CAV V M F- a CO CO O) n N 0 Nis. 0 In in 0) N WN M 0 W to F- U a I- W O U z a < M W = Q 2> W Z = O 2 x J Q 0 0 N N 00C)00000 M 00 0 --1 W 0 0 0 co co 00V00000 V 00 0 CO > U co f. t` NO C) a N N CO Z< N CO 0 a0 0 r. CO M M CO W M -1 -/ COO -N CO 0 0 M W - - - - - - = O) in N CO in V I.. 0 0 co = 1• N M N N N CO Cc --1 Ow M Z W > W C •F- V) W N in Z W OZV) = >- I--1 O Z Z I'- F-I--1 O W W 0 = 0i--a N > U W W C)=F- J 0 W 1-4 w a .-100 O Z Q W Z OC > > 0 a w m 0 I- W =Z a' /- a hat-/ M 0 a 1A.0 0 w " a Z F-z F- F- 0 a Z 0 W NOZF-N N D Y JF- w u. Y ZQOZM > CO 0 < <0.. - M a N F- 0 000 0 I-1 Z = Wa U 0 0 W ►•1 1-+Z OW w = 0 V) w= > tL W Z 0 h 0 F- Z Z 01- N IL ZU O ►-1 h no-IZ0Q < Ocz Cr W W N W N .6 IL NW mi-w•-1_1 J W O W 0 ow a W W0 MQg=J J ILC) L. 0 0 N a m CWaV)W W N N > \ > = W K WWF-F-Cr a+20 0 Z0 Z H --1h F- < Z O hJ Z Z U O V) C/) QM < M OZ a = a 0 Z Q W O WQ N 1-1 Ma a' 0 O 0 0 IL U aOCCUC LUI-Z X I-0 F- N 00 V R 0 R 00-+NM.OU10 s 00 ■ C) ZU 0 i CO * aNNNNNNO) t Oa * m 0 Q co +c Ia ■ CO 00 000000 00 0000 a mm x -4 W M « M R C-)C)M MMMC)C) +1 MM t -4 I- 0 cow•-1-I000000OOMN O) OOCOn N(00f0010V fNVCOM41"4NVM 0 V V .-4 < 0000000V0(DO)M CO -4000M0.400001n--InMVU400V0i0M .•-1 M O) 00 U) 000n4-41 n00-ICON- n 0O000000N0onln(O0)(On U)0)CM n tD CO U) (O W .I -I .I 0 W 1 1 1 1 1 1 < 0 0-•-10 NON.N. N 0 U)0 N C')C)VMNN. -4000V(0 N 000000)MM n O) N N M M -••1M N 0 Cl. Z Ino U)-' NCO NV00)0 0) 1.,V0,`.001..-000000.-1044-400104-1 0) 0 0 V V 000 00 0 1-1 00N..-100001.4-M00 V nnNO1N-NVM0(O0NOM-•^11,0V4-400 CO 0) 0) N N ---I0 V 0 C nON(On--40-IN(OCOn N VVMIn In NIn VI1NN-IOMVVnNMN N. O) O) N N n(D 0) --i U1M00.••1-4 MCInCMNM M OVC0-(NVM000)000)0)00.--1MMCM(O N (O (0 00 00 (O-( V M N MV-I ("41.-V Cn(D-I M 0N V)(D-IMV N--((O(O NCNn0-^10) N M M n n M-( n CO M W w-40 M N 0-4 -I --1 V -4-I M N V --( -4 --4 V In U) N N N -1 (n I M co N V -N -4 •--1 /- M 1 Q 0 -4 0...4 < VMONO(-)f-MV00000 CO nP)(On00 MMON(OVOOOOON-40nC -1 CO CO CO (•) .-.(n co 0 O OF- <00-4(004m040000 0 NVVNVm0.10v0V-I N0)0000CM00o 0 M M V V 0•--I .I 0 0 VMN-4MM-4Cnn0 In NNNMVNO(OVMMNV-ICN0000.-1 M 0 0 N N -•IV U) N I-Q U)MCD COMM-INW•--I 00 COVU)VMN.--10.01, +')Met.t00CU)(ON CO N N N N nM 0 Q MV0-I0N-4m0004 U) COMMUOnNM^(OOVMOVMMCOMn 00 In In 00 00 (DM 0 C 000V-40)N-U)U)n(O -4 V00)nN---I0. --100nCo-I4t0)00 N(0(OW n co 00 n n MM M 0N0) -400N --1(0 0) (OM•I N0OM -4 NNON•-I-( 0 V V N N N M < co -I -4 .-1 N .-I -Iv .--I M M W ---I N -I >Z 0 M 000000000000 0 00000000000000000000 0 0 0 0 0 00 0 0 I- 000000000000 0 00000000000000000000 0 0 0 0 0 00 0 0 1-4 000000000000 0 00000000000000000000 0 0 0 0 0 0 C MOM0a00000MOn --I M0000000O00VInnO0•-/n00 CO N N 0 0 -+ a 0)C4,0(D-400MMI0 M n0)C0CDN0-In0VC0n(ooWMM(OIn. --4 N N U) In M ° C V('SI(D-I--I U)0V U7 M(O-4 U) N.U)M MON V0)MVM0-4(00)0000) 0 N N 0 0 co M VVM U)•-/M no* -1 0 0NMVOOnV N--IMMNMN•-I.1 In 0 0 M In In M 0 N -4-1 -1 M -4 N .40 U) 0 U) Q - - N N -I I- I- a 0 a 0 a W W 0 Z cc Q M C Q W => cr I- = Z I- 0 1.4 XJ Q N-(00)00M000)000 V Cov N00V00)0000 M-I(DO(O•-(COCOON- M of e! M M .--IM V 0 0 = U)-+MO(DOOO-..000 M OOOOoo.U)U)VOONONNO(OM.00M 0 0 0 V V Nat co 0 Z 0 N0o(-) 000 000) co 0)0)N U)NO-400NOM-INIn-4NV0)N 0) co CO N N ON N ZQ -4(D0) V-4 CO-I V U)(OV•-4000)n0On NVMnCnO0 V ON U) M M N N CON 0 W U)V(O U)M 0n 0 V V-I O n n 0 O N O(O V(O M-1 O n-I--I M oO M CO 0) .-100 0 W - - - - a NC10 -In 0 n U)InMNC)(ON NN -4-,0N-4W N -4 -I .--I n n n co C U) N -4 -1 0 CO N 0 U) In U) N N N N X •--I N •--I a' W 0 0Z 0 1H I- Q a-I a a 0 a a a Q N W W i- 00 00 Z ZZ QQ U) 0 CO WF- WZ JA 0 I2 WwwV 1-4 I.I4ICW 0 -I QZ /WW • 0�w000-1 N Nm dQ>UWV _ o I- 2W Z MM CZZ1W W JO W>CW I-1--I W 2Z Q -I F- I- 1•4 ON 0 QJ •CKWW 0...J OM > W PA (1 M U.0 X 0 .C..)03 M 1-1 1- W V)U. 4-4m )-( 0 1-1 JJWa QWMWa .gC (n W a Z 0 X JI- -1-10--XC)CO(a_II-Q W W�1--(�w-.10 COM Q 'CO. 00 W •-41-4w•-10z0 W F-UQI-CQZ O (now° 0 0. 19 U) ›.- x CI-I 44.6 I n WWIJC)WW N gJIZaZI-IN 0.6 WmUW N WC 1 1 I 111 0J1 W WN 0O0--IZ W W 0 X 0 Z W WN Wf WF ZZZ�zooQ W W Ia_Z fZ N U.O W 0�Z Z I-I W0)ZJ W J J Q Z W 0 ow 0)1-1 M I-1 000=WJZ Z 1-10 WN 1-o=JI-IQ I-- C.$QJ I-I Q Q � r- ►- Z O Cr-Cr- /-II-IMI-10W 0 JQCOaf WJOQaWF-C1-IUW 1w J F- f- J (/)U) f- M >- \ QCQCQUN)JYI0 CO aIa_OJI-I W4.QIF-W>ZOJ1-(LNC)U a 1-I I-i I- -IF- JWJWCZZZQCWI C m=r-1-IO>000UJQF-INF-IZZWCN a a a > JX I Z 1--I OZ Q>Q>WWWWWOZO W moom QCWCOWCCZF-WOo W1--I = Q Q Z QQ W 0 0 0 00000.0.0.0.= OQ a 0UE(Wa0J ) Q01E 0/) 0 0 M 04- C 0 N 00 ON0-I0--INM0•-/NM ■ 0UNONNO(O00---1000000-1U)0) a -I 1( N * -404 I( -1 M Z0 0---IMMVVVV0 U)U)0 I( -I-IN MCV-I-.I.IN N M 41)CD N-000)0)0)0 •I --I s 0) 11 0000 A M 0) OQ • N N N N NNMMMM M MMM MM MM MV t U) 11 CO I[ 0)0) 11 0 -I IL V VV-7V VVVvvVV I( VVVVVVVVVV VVVVVV VVVV i V I( V 1( VV a V N H U N a In r- (.5 - C7 W Q U 0 N n Z 0 ch ►-1• O C7 cc 4 Co Q O) V N CO CO • W IA In 1 N -y ,- t") --1 1 Q O -i pJ Q 0 eo 0 t0 O O'- - U CO N 1-Q .� CO CC CO 0 CO W M >Z 0 w 0 O Y- 0 0 1-1 0 0 CC .-4 0 a O) M O - - cc tD If) a In CO 0 an r- I- c a 0 a W W U Z C N CC - Q W S> CC F- Z )- O H z J Q O Co 0 0 H H z v co zQ t0 W in W O. CO CO x v CL W UZ 0 M F H CC a O CC a N J 0 W Z F- W 0 2 0 a La-O I- O N X J F 0 < Qa >- = tY- U O N W CC2 u Z U w LL W to C7 O (7 W 2 0 - ).• H -i1- Z H OZ 0 U U 0 N 00 ; rn ZO 0) < 4-8 CertainTeed Corporation 4th Ave. PO Box 506 CertaunTeed El PO Shakopee, MN 55379 November 3, 1992 Mr. Barry Stock NOV 1 -0 4932 Assistant City Administrator City of Shakopee 129 1st Avenue East CITY tar Jr-it-+r�( P Shakopee, MN 55379 - - Dear Mr. Stock: Attached is a copy of our progress report that I submit monthly to Mr. James McCann at the Minnesota Pollution Control Agency. We will copy you each month for the duration of the project to better inform the City of Shakopee of activities on the odor control project as you have requested. A Gantt chart is included to show the remaining time schedule through start-up in mid 1993. If you have questions please call me at 445-6450. Sincerely, / c A- L t. { ---e--ti— /li Gary AV Swenson, CPE Principal Plant Engineer GAS:mr attachment CertainTeed Corporation 3303 E. 4th Ave. CertainTeed PO Box 506 El Shakopee, MN 55379 November 3, 1992 Mr. James M. McCann Enforcement Unit Compliance and Enforcement Section Air Quality Division Minnesota Pollution Control Agency 520 Lafayette St. Paul, MN 55155 re: Shakopee Facility, Odor Dear Mr. McCann: This letter is submitted as a monthly progress report required by your letter of September 5, 1991. It outlines activities concerning the odor issue at our facility in Shakopee since the last report dated October 2, 1992. During the month of October, JWP Air Technologies (now Huntington Energy Systems) completed foundation design, and issued contracts for installation of the foundation for the thermal oxidizer. Equipment engineering is continuing at the same time. The foundation, electrical control room, and transformer pad will be completed before year end so that weather delays should not be a factor in the spring. Current activity per the schedule is as follows: Activity Target Date Status Engineering October 30, 1992 Huntington Energy completed foundation engineering and continuing with equipment engineering. Drawing approval November 8, 1992 Foundation complete. Currently reviewing elec- trical & process drawings. Foundation December 4, 1992 Starting November 5th installation See attached Gantt chart for delivery and installation schedule. Mr. James M. McCann page 2 November 3, 1992 Mr.Barry Stock, Assistant City Administrator with the City of Shakopee has requested to be copied on these monthly progress reports in order to keep the citizens of Shakopee better informed. Our next progress report will be submitted in early December, 1992. Sincerely, a ....„0e-L„-- ,A1 Gary Swenson, CPE Principal Plant Engineer • GAS:mr cc: C. Carfrey J. Quaranta K. Everhart L. Hawk R. Krause M. Noone N. Robinson B. Stock, City of Shakopee (attachment) D. • h Q4 ' - . ^s � g .. n L r D .. . m n • ' a o . A' i . o . 1 i 1 .. .. •• L. I i 224 i . n 1 • u - o z p5 • LE s W 1W� Wa Wlw; lw- 'r 14 Vii 1ii fi k 4 A Wg 2i2.4W h W W w3gT !III 04 2A 02 o7 1g �l9 r {sem hi v of -Rl p Ir 3 II- 9 110;;;;;01. SHAKOPEE COALITION 1100 East Fourth Avenue • Shakopee, Minnesota 55379 "Founded in 1983" Meeting Minutes for October 6, 1992 The meeting was called to order by Chairman. MEMBERS PRESENT: Brian Norris (Citizens State Bank) , Sister Esther Wagner (SACS) , Beth A. Nickoli (Activity Corr. Delphi) , Barry Stock (City of Shakopee) , Bonnie Sokolov (American Cancer Society) , Bob Greeley (Shakopee Community Education) . Discussion was held on recent attendance level of the coalition - the following were noted: 1 . Contact should be made on day before to confirm attendance. 2 . Minutes should be sent out one week prior to meeting 3 . Notice of the meeting was not being put in the newspaper. 4 . Letter should be sent to each organization for replacement person name if you can't attend. 5. Maybe people still don't know what we are about. 6. Next meeting should reaffirm our objectives as an organization. Bob Greeley - Homecoming this week. Bon Fire is coming up. Going to Pearson for Kids Company. Barry Stock - Survey was completed. Majority of the residents are willing to pay more to maintain services. Survey results are available from the Chamber of Commerce. Community Center is being discussed. Rahr building a new malting facility. Sister Esther - SACS School K thru 8 grades. Addition is complete to the church. Bonnie Sokolov - American Cancer Society has alot of free brochures and programs. Nutrition and stop smoking are the most popular. Walk in the park generated $7 , 000. 00. Next year' s event is already planned. October is breast cancer awareness month. Low income woman can get free breast and cervical examination. Minnesota Department of Health will provide this. Next meeting is November 4 , 1992 , in the Citizens State Bank Community Room at 4 : 30. Respectfully Submitted Brian Norris, Secretary minnegasco. #10 A Division of Arkla,Inc. October 30, 1992 Judith Cox City Clerk 129 E First Ave Shakopee, MN 55379 Dear Ms. Cox For your information, we are sending you a copy of this notice concerning the public hearings of Minnegasco's proposed rate increase. It will also be published in newspapers in your area. If you have any questions or wish any more information, please give me a call. Sincerely, ../4 9:7° Kim Roden Director, Local Government Relations KR/mb 201 South Seventh Street Minneapolis,MN 55402 Minnegasco. Notice Of Public Hearings For Minnegasco Rate Increase On July 2,1992,Minnegasco filed a request with the Minnesota Public Utilities Commission(MPUC) for a general rate increase of$24.8 million or 5.5 percent. Rate changes for different customer • classes may be higher or lower than the overall increase of 5.5 percent based on the costs of serving those classes.The MPUC has until May 3,1993 to issue its decision. Public hearings as scheduled below will give customers an opportunity to present their views. Minnesota law allows Minnegasco to use an interim,or temporary,rate while the MPUC considers our request. The MPUC approved an interim rate increase of $11.8 million or 2.63 percent which has been in effect since September 1,1992. If the final rate approved by the MPUC is lower than the interim rate,Minnegasco will refund the difference,with interest. Below are examples of the effect of the proposed increase on typical bills. Individual changes may be higher or lower depending on actual natural gas usage. The rate changes Rate class Average monthly Proposed described in this notice usage CCFs changes have been requested by Minnegasco.The MPUC Residential 108 7.3% may either grant or deny the requested changes,in Commercial and industrial 561 4.0% whole or in part,and may small volume interruptible 5,878 6.1% grant a lesser or greater increase than that Large volume firm 25,000 3.1% requested for any class or Large volume interruptible 100,000 (5.3%) classes of service. If you want more information about this increase,contact the Minnesota Public Utilities Commission,Seventh Floor,American Center Building,160 East Kellogg Blvd.St.Paul,MLN 55101. Public hearings are scheduled on Minnegasco's request for a general rate increase. Any Minnegasco customer may appear or make a statement at these hearings. You are invited to address concerns such as the adequacy and quality of Minnegasco's service,the level of rates or other related matters. You do not need to be represented by an attorney. The hearings will be: Tuesday Minneapolis Wednesday Mankato November 10,1992 Hennepin County November 18,1992 City Hall Council 1:30 p.m. Government Center 7:00 p.m. Chamber Auditorium 202 East Jackson 300 South Sixth Street Thursday Willmar. Tuesday Bloomington November 19,1992 Willmar Senior November 10,1992 Thomas Jefferson 7:00 p.m. High School 7:00 p.m. Senior High School Cafeteria-Lower Auditorium Level 4001 West 102nd Street 824 Seventh Street Southwest Individuals unable to attend the public hearings but wishing to submit relevant comments may do so by forwarding such statements in writing to Judge Richard C.Luis,Office of Administrative Hearings,100 Washington Square,Suite 1700,Minneapolis,MN 55401-2138. Evidentiary hearings for presentations of formal direct testimony,rebuttal and sur-rebuttal testimony,and cross-examination of that testimony,are scheduled for Monday,November 30,1992 at 9 am.,and thereafter as needed,in the commission's large hearing room in St.Paul. Information about the public and evidentiary hearings may be obtained from Administrative Law Judge Richard C.Luis. The proposed rate schedules and a comparison of present and proposed rates may be examined by the public during normal business hours at the Department of Public Service,790 American Center Building,160 East Kellogg Boulevard,St.Paul,and at Minnegasco offices located at: 201 South Seventh Street 221 North State Street 107 East Main Minneapolis Waseca Luverne 7058 York Avenue South 5717 Xerxes Avenue North 315 South Minnesota Avenue Edina Brooklyn Center St.Peter 212 Fifth Street South 422 Broadway Brainerd Alexandria 2400 North Riverfront 1604 South First Street or 1650 Mankato Mall Willmar Mankato C.1992 M.nnegasco OFFICIAL PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, Minnesota November 5, 1992 MEMBERS PRESENT: Madigan, Spurrier, Zak, Christensen, Joos, Mars, Kelly MEMBERS ABSENT: None STAFF PRESENT: Lindberg Ekola, City Planner Terrie Sandbeck, Assistant Planner Nancy Deziel, Recording Secretary I. ROLL CALL Chrmn. Mars called the meeting to order at 7 : 30 p.m. Roll call was taken as noted above. II. APPROVAL OF AGENDA The Agenda was approved as presented. III. APPROVAL OF OCTOBER 8, 1992, MEETING MINUTES The meeting minutes were approved as presented. IV. RECOGNITION OF INTERESTED CITIZENS Chrmn. Mars recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. V. PUBLIC HEARING: VARIANCE FROM REQUIRED FRONT YARD SETBACK AND VARIANCE FROM ACCEPTABLE BUILDING MATERIALS/RAHR MALTING CO. Chrmn. Mars opened the public hearing to consider a variance to the regulations regarding acceptable building materials and a variance from the required front yard setback at 800 W. 1st Avenue. The Assistant Planner stated that their first request is for an 11. 8 foot variance from the 50 foot front yard setback requirement from a minor arterial . There are three railroad spurs in this area of the site. The applicants are requesting this variance in order to construct an extension of the existing railroad load-out building over the southern most railroad spur along the north edge of their property. She went on to say that the proposed structure would be an extension of their existing load-out building. The purpose of these structures is to keep the rail car cleanup process within a confined area and to eliminate the spread of grain Minutes of the Page - 2 Board of Adjustment and Appeals November 5, 1992 residue. They also provide protection from the weather for the workers. The Assistant Planner stated that the applicants are also requesting a variance to section 11. 60, Subd. 5, Acceptable Building Materials. This portion of the City Code was adopted in 1985, and requires that all portions or sides of industrial buildings that abut an existing public right-of-way be constructed of certain types of building materials. It specifies that sheet aluminum, tin, and steel are not acceptable materials. The applicants are proposing to construct the railroad load-out building with a structural steel frame and a colored metal clad enclosure. The Assistant Planner stated the existing load-out building exterior is covered with galvanized steel. The existing kiln building is covered with off-white steel panels. The material proposed for the extension of the load-out building is the same material and color as that used for the existing kiln building. She went on to say that staff feels that bringing the existing load-out building materials into compliance with the proposed structure, as well as additional landscaping in this area, should be considered. However, due to the rail road spurs, much of the area to the north of this portion of the site is within the highway easement. Staff has contacted the Minnesota Department of Transportation regarding the approval process required in order to plant trees within this easement. She stated that staff has been contacted by Dan Hennes of Rahr Malting regarding the conditions recommended in the staff report. He stated that Rahr Malting Co. would like to construct the proposed rail load-out building next spring. However, due to budget constraints, they may not be financially able to replace the building materials on the existing load-out building until either next fall, or the spring of 1994 . He requested that Condition No. 2 be revised to allow them until June 1st of 1994 to complete these improvements. The Assistant Planner stated that staff is recommending approval of the application for both the 11. 8 foot variance from the required 50 foot front yard setback, and approval of the variance to the required building materials, subject to the following conditions: 1. One major deciduous tree shall be planted every 50 feet along the Rahr site frontage to Hwy. 169 in accordance with section 11. 60, Subd. 7 of the City Code. Minutes of the Page - 3 Board of Adjustment and Appeals November 5, 1992 2 . The exterior building material for the existing railroad load-out building shall be replaced with the same off-white enamel steel clad material used for the proposed load-out building by June 1, 1994 . Chrmn. Mars asked if there were any questions of staff. Comm. Spurrier asked where the deciduous trees were proposed to be planted. The Assistant Planner stated that she was not sure exactly how much of the site is within the easement of TH 169 due to the railroad property north of Rahr. Comm. Spurrier expressed concern about the trucks using 3rd Avenue. He stated the trucks continue to come from the east and the intersections that the trucks cross, particularly at Apgar and Shumway, are not graded to be safe for heavy commercial vehicles. Discussion was held about the requirement to plant 1 tree every 50 feet. The City Planner stated that in order to meet the requirement of 1 tree every 50 feet it may be required that some trees be planted within the MNDOT right-of-way. The Assistant Planner stated that they did not know at this time if MNDOT would allow trees to be planted within their easement and that there is an approval process required in order to do so. Chrmn. Mars asked that Daniel Hennes, representing Rahr Malting Co. , come forward for questioning from the Commissioners. Daniel Hennes, Rahr Malting Co. Plant Manager, stated that they have discussed the truck issue with the City Council and that those roads are built to hold the weight of their trucks. Mr. Hennes stated that they would be willing to plant 1 tree every 50 feet along the north edge of their property. He also stated that the extra siding on the existing shed would cost anywhere from $27, 000 to $30, 000. He stated that was an expense they do not wish to undertake at this time and they would like to defer that extra cost at least until June of 1994 . Chrmn. Mars asked if there were any questions of the applicant from the Commissioners. Minutes of the Pap - 4 Board of Adjustment and Appeals November 5, 1992 Chrmn. Mars asked if the exterior of Kiln #3 was baked enamel on top of tin. Mr. Hennes stated that it was. Chrmn. Mars asked if Kiln #3 has held up well for quite some time. Mr. Hennes stated that it has. Chrmn. Mars asked if it has ever been repainted. Mr. Hennes stated that it has not. Chrmn. Mars asked how long the building has been standing. Mr. Hennes answered that it has been standing at least ten years. Chrmn. Mars asked if the new structure would be built out of this, and with a completion date of June 1, 1994, would the existing rail shed be completed in this fashion. Mr. Hennes answered yes, that he thought they could. Chrmn. Mars asked if the product could be painted and would it hold. Rod Jacobson of J-Sons Inc. , working as the design engineers for Rahr Malting Co. , stated that it is a manufactured type paneling that goes on most steel buildings. He stated that it will fade over time, but that they have some buildings that have been up for approximately 25 years and still have a pleasing appearance. Chrmn. Mars asked if there were any further questions of the design engineer or of the applicant. There was no response. Chrmn. Mars asked for comments from the audience. There were none. Motion: Joos/Christensen moved to close the public hearing. Vote: Motion carried unanimously. Motion: Christensen/Zak moved to adopt Resolution No. PC-648. A resolution approving an 11.8 foot variance to the 50 foot minimum front yard setback requirement from a minor arterial and a variance to section 11. 60, Subd. 5 Acceptable Building Materials, subject to the conditions recommended by staff, and move its adoption. Minutes of the Page - 5 Board of Adjustment and Appeals November 5, 1992 Comm. Zak stated that he didn't think the deciduous trees should be a part of it since they would need to be planted on MNDOT property and they could not impose any conditions on this. The Assistant Planner stated that some of the property along the northern property lines could be landscaped with 1 tree every 50 feet. However, some of the area is MNDOT property. The Assistant Planner stated that this condition would require them to plant 1 tree every 50 feet on their property, and if through the permitting process landscaping is approved, they could be planted on the easement, but that they could not know if this would be approved at this time. Comm. Zak stated that he wanted to make sure that they weren't imposing something on them that they would not be able to comply with. Comm. Spurrier asked if Rahr was agreeing to plant those trees whether or not it was a condition of this variance. Mr. Daniel Hennes of Rahr Malting Co. stated that they would. Comm. Christensen stated that she did not feel that it was necessary to make it a special condition when there already is an ordinance on the books requiring them to do so. Mr. Hennes stated that they would put the trees wherever they can. Chrmn. Mars asked if they would also plant trees on MNDOT property if that was asked of them. Mr. Hennes said they would. Comm. Joos stated that it was the understanding of staff that the only reason that the condition is there is in the hopes that they will go through the permitting process to receive approval to landscape the MNDOT property so that there will be continuity along the boulevard. The Assistant Planner stated that is what they would like, but due to the topography of the property it might not be possible. Discussion was held on the building material requirements and recommended Condition No. 1. Motion: Christensen/Zak moved to amend her motion to include the date "June 1, 1994", at the end of condition No. 2 . Vote: Motion carried unanimously. Minutes of the Page - 6 Board of Adjustment and Appeals November 5, 1992 Chrmn. Mars informed the audience of the 7-day appeal period whereby the decision of the Board of Adjustments and Appeals may be appealed to the City Council. VI. PUBLIC HEARING: VARIANCE TO FRONT YARD SETBACK VARIANCE/DAIRY QUEEN Chrmn. Mars opened the public hearing to consider a variance from the required front yard setback in order to add onto a nonconforming structure at 835 W. 1st Avenue. Chrmn. Mars stated that on the table was a withdrawal notice from the applicant. The Assistant Planner stated the action requested is to offer a motion to accept the withdrawal of the application and move its approval. Motion: Spurrier/Joos moved to close the public hearing. Vote: Motion carried unanimously. Motion: Joos/Zak moved to accept the withdrawal. Vote: Motion carried unanimously. VII. OTHER BUSINESS Chrmn. Mars stated that there was a memorandum on the table from Karen Marty, City Attorney, requesting that the Board of Adjustment and Appeals formally adopt Robert ' s Rules of Order. Discussion was held on whether or not to vote on the adoption of Robert' s Rules of Order. Chrmn. Mars exercised his executive power and adopted and accepted Robert' s Rules of Order as the way of functioning for the Shakopee Board of Adjustment and Appeals. VIII.ADJOURNMENT The Board of Adjustment and Appeals adjourned at 8 : 05 p.m. OFFICIAL PROCEEDINGS OF THE PLANNING COMMISSION Regular Session Shakopee, Minnesota November 5, 1992 MEMBERS PRESENT: Madigan, Spurrier, Zak, Christensen, Joos, Mars, Kelly MEMBERS ABSENT: None STAFF PRESENT: Lindberg Ekola, City Planner Terrie Sandbeck, Assistant Planner Nancy Deziel, Recording Secretary I. ROLL CALL Chrmn. Joos called the meeting to order at 8 : 05 p.m. The role call was taken as noted above. II. APPROVAL OF AGENDA The agenda was approved as presented. III. APPROVAL OF THE OCTOBER 8, 1992, MEETING MINUTES The minutes were approved as presented. IV. RECOGNITION OF INTERESTED CITIZENS Chrmn. Joos recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. V. REVIEW: ONE WAY SWEEPING, INC.- CONDITIONAL USE PERMIT The City Planner stated that back in May of 1991 the Planning Commission granted Conditional Use Permit No. 608 to One Way Sweeping, Inc. to allow the outdoor storage and stock piling of street sweepings. The City Planner stated that the owners have not completed all the necessary site improvements to permit the use of the Conditional Use Permit at the site. The City Planner stated that an inspection of the property was made that morning and certain requirements have not been completed. Some of those requirements include the fencing, the berm, and other improvements to the berm. He stated that part of the reason for the delay is the inclement weather that we 've recently been having. The City Planner stated that the action requested is to offer a motion to table the review of Conditional Use Permit No. 608 to the December 3 , 1992 , meeting. Minutes of the Page - 2 Shakopee Planning Commission November 5, 1992 Chrmn. Joos asked if there were any questions of the City Planner. Comm. Mars asked if the clay barrier liner was installed at a specific depth below the surface and if this was a standard depth. The City Planner stated that it was his understanding that the liner had been installed and that the applicant was present to describe their improvements to the site. Comm. Mars asked if the liner had to be approved by Scott County. The City Planner stated that he did not believe the liner was part of the review by Scott County. The Assistant Planner stated that she contacted Scott County, and they informed her that if the applicants are in compliance with all the conditions that were placed on the Conditional Use Permit, there would be no further permits or approvals required by them. Comm. Spurrier stated that one of the conditions related to complaints the City received regarding the site. He asked if there have been any complaints other than those generated by the request for the original permit. The City Planner stated that since the time of the approval of the Conditional Use Permit, it is his understanding that no additional complaints have been received. The City Planner asked if the Assistant Planner was aware of any additional complaints. The Assistant Planner stated that she was not. Comm. Mars asked if a review of a Conditional Use Permit that hasn't been used for a year must be reviewed. The City Planner stated that the ordinance requires that Conditional Use Permits be utilized within one year. He stated there are various things that can trigger the use of a Conditional Use Permit. One would be the approval of building permits. He stated that the applicants have applied for a permit for the fence and a grading permit. He stated they began construction on the facility, but have not followed through with the completion of the improvements. The City Planner stated that the City has had experience with projects that have gotten started, but haven't been completed. He stated that staff tries to work with the property owners to Minutes of the page - 3 Shakopee Planning Commission November 5, 1992 help encourage them to bring properties into compliance with the Conditional Use Permit, the Zoning Ordinance, or the building code, whatever it is that would apply. He stated if things do not develop within a reasonable amount of time and provisions have been provided for an applicant to comply with the conditions of the permit, the Planning Commission has the authority to recommend to the City Council that the Conditional Use Permit be revoked. He stated that the review of this particular project has been postponed due to the fact that the improvements have not been completed. Chrmn. Joos asked if the applicant would like to step forward and speak on the issue. Robert Larson, 7215 W. 128th St. in Savage, stepped forward. Chrmn. Joos asked if there were any questions of the applicant from the Commissioners. Comm. Zak asked what kind of materials were going to be stored on the site. Mr. Larson replied that the materials are sweepings from parking lots, including paper, sand, bottles, cans, human hair, and small rocks. The things that people throw out their windows that do not end up in trash cans. Comm. Zak asked why it wouldn't go directly into a landfill. Mr. Larson replied that under the guidelines for landfills, they cannot accept street sweepings. He stated it would be like filling a landfill with dirt. Comm. Christensen asked what ultimately happens to the materials. Mr. Larson stated that the procedure they have followed in Savage over the last four years is to stock pile the materials and later screen it. From that point the bottles, paper, and glass go to the landfill. They use the dirt, for fill, such as for the building of the berm. He stated that's one of the delays they had is that they have had to use the materials that they had screened, rather than to purchase dirt. He stated that the design of the site is new in the sweeping industry. Not all sweeping companies are adhering to these recent guidelines. Chrmn. Joos asked what kind of time frame they were looking at. He reminded Mr. Larson that they have a one year time Minutes of the RIP - 4 Shakopee Planning Commission November 5, 1992 frame in which to use the permit and that after one year it becomes void. Mr. Larson stated that's why they were there - so they didn't get their permit pulled from them. He stated they wanted to keep the Planning Commission updated as to where they were with the project. Mr. Larson stated he believed there was about 27 acres there and that they have secured it with security posts and gates to cut down on traffic. In the past, people have been depositing refrigerators and garbage on the site. He stated that the berm is about 80% done. He stated they still need to meet some additional sloping requirements. He stated the clay liner has been installed and to his knowledge there was not a depth requirement. He stated he believed it was buried six inches deep. He stated the liner is in, the front gates are in, but the fence is not up. He stated that the project is about 80% complete. Comm. Mars asked where their current sweepings are stored. He asked if they have a facility in Savage. Mr. Larson stated that was correct. He stated it is located at 7215 W. 128th St. Comm. Spurrier asked where the provision is regarding the time frame requirements for conditional use permits. The City Planner stated that this requirement is in Section 11. 04 , under Administration of Conditional Use Permits. Comm. Joos asked if there were any other questions. There was no response. Comm. Christensen questioned why staff was recommending they table the review for a month. She asked if the applicants were going to complete the fence. Mr. Larson stated that stock piling at their Savage site will probably be terminated within 60 days so they have to have their site ready for their use within the next 60 days. That is why they are pushing to get it done. At the same time, they wanted to make the Planning Commission aware they are about 80% completed with the improvements to the project right now. Chrmn. Joos asked if it would be possible to table the review until they were ready to use the permit. The City Planner stated that part of the reason for the time frame is to keep projects advancing. He stated the Planning Minutes of the RaP - 5 Shakopee Planning Commission November 5, 1992 Commission can certainly set the time frame for the next review of the permit. Comm. Mars asked if they will be moving their screener to the Shakopee location. Mr. Larson stated that was correct. He also stated they can't screen after certain hours and they have to screen a number of times each year. He stated they were aware of the conditions set forth in the permit. Comm. Christensen asked if it would be more appropriate to table the review for 60 days and asked the date of the next scheduled Planning Commission meeting. Chrmn. Joos answered that the next regular Planning Commission meeting would be held on January 7th. Motion: Christensen/Zak moved to table the review of Conditional Use Permit No. 608 to January 7, 1993 . Vote: Motion carried unanimously. VI. OTHER BUSINESS - ADOPTION OF ROBERT'S RULES OF ORDER Discussion was held on the adoption of Robert's Rules of Order. Motion: Mars/Christensen moved that the Planning Commission adopt Robert's Rules of Order. Discussion was held regarding the need for voting on the adoption of Robert's Rules of Order. Vote: Motion carried 5 to 2 with Commissioners Zak and Spurrier voting against the motion. VII. ADJOURNMENT The meeting adjourned at 8:25 p.m. MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director-. SUBJECT: 2nd Avenue Assessments DATE: November 13 , 1992 Per your request, the following is a list of those properties on the 2nd Avenue Project that received a main line sewer assessment who had existing sewer service via long service lines, shared service lines, etc. , but did not have City main line sewer available to their lot or across their property: Name PID # 1. Martin Fritz (Page 4 27-001844-0 of assessment roll) 2 . Stephen & Maureen Strehlow 27-001845-0 (Page 4) 3 . Whole Energy & Hardware 27-001846-0 (Page 4) 4 . Joseph & Lorraine Dressen 27-004036-0 (Page 7) 5. Wilton Peterson 27-004047-0 (Page 8) 6. Randy & Mary Jo Rannow 27-004047-0 (Page 8) 7. Ruth Welker 27-004095-0 (Page 11) 8 . William Searles 27-004096-0 (Page 11) 9 . Allen Stolze 27-004121-0 (Page 13) 10. Harold & Mary Johnson 27-004122-0 (Page 13) As I also indicated at the public hearing, several of these properties had been allowed to originally install their services based on the understanding that these were private services and that they would pay for main line sewer when it became available. If the City Council wishes to make a policy change in regards to the sewer assessments on these properties, this item could be added to the November 17th City Council item as other business. OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REG. ADJ. SESSION SHAKOPEE, MINNESOTA OCTOBER 20, 1992 Mayor Laurent called the meeting to order at 7: 03 P.M. with Councilmembers Lynch, Sweeney, Beard, and Vierling present. Also present were Barry Stock, Ass't City Administrator; Karen Marty, City Attorney; Judith S. Cox, City Clerk; Lindberg Ekola, City Planner; and Dave Hutton, Public Works Director/City Engineer. Mayor Laurent read the City' s Non-Discrimination Policy into the record. Mayor Laurent added to the agenda an lld. 1 titled Canterbury Downs Minimum Assessment Agreement. Also added to other business was NBZ update. Sweeney/Vierling moved to approve the agenda. Motion carried unanimously. Liaison reports were given by the Councilmembers. Mayor Laurent gave the Mayor's report. Mayor Laurent recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. Beard/Lynch moved to approve the consent business with the removal of 12e, Scott County/City of Shakopee Personnel Services Agreement from the consent approval. Motion carried unanimously. Beard/Lynch moved to approve the minutes of October 6th and 9th, 1992 (Motion carried under consent business. ) Jim McCarthy, representative for the MN. Thoroughbred Association requested to hold a raffle of some sort to raise money. Cncl. Lynch questioned the fact of using most of these profits in the City of Shakopee. Judy Cox informed the Council that they had to use 75% of all earnings in Shakopee. Mr. McCarthy stated that he would like to have a raffle at Canterbury Downs and not have to spend the required percentage in Shakopee. Mayor Laurent asked that Ms. Marty find a way to make the Thoroughbred Association an exception to the rule. McCarthy stated they were going to raffle off a snowmobile and water craft from Polaris. Mr. McCarthy explained that they expected to raise approximately $10-20, 000 net. Vierling/Beard moved to direct staff to figure out a way to allow raffles in Shakopee and the expenditure of profits outside of the community. Motion carried with Sweeney opposing. Mayor Laurent had a request from Dave Kaufenberg that items 12a and 12b (regarding Valley Ice Arena) be handled early in the meeting. Mr. Stock addressed the draft of the Valley Ice Arena request for proposals and asked for comments from Council. Official Proceedings of the October 20, 1992 Shakopee City Council Page -2- Sweeney/Lynch moved to authorize the appropriate City officials to solicit proposals for a market and operational analysis of the Valley Ice Arena in Shakopee. Motion carried unanimously. Mr. Stock informed Council that in order for the City of Shakopee to cover the Valley Ice Arena under its insurance they must first own the property. The insurance company stated that there would have to be some cleaning up and that the City's premium would probably increase. Cncl. Sweeney suggested getting rid of the bubble, but Mr. Dave Kaufenberg stated he feels it is protecting the coil system. Ms. Marty explained that if the lease between the City of Shakopee and Valley Ice Arena, Inc. remains in place, Valley Ice Arena, Inc. has liability for the property. Mr. Kaufenberg explained that the insurance company has reclassified the property and the insurance cost has been reduced to approximately $1, 000. 00 and that they do plan to pay it. Mayor Laurent opened the public hearing on the vacation of drainage and utility easement within Canterbury Park 1st Addition. Mr. Ekola explained that the applicant is requesting the vacation of 20 foot drainage and utility easements along the inter lot lines of Lots 2 and 3 , and Lots 3 and 4, Block 1, Canterbury Park 1st Addition. Mayor Laurent asked if there was anyone in the audience who wished to speak. There was no response. Sweeney/Vierling offered Resolution No. 3680, A Resolution Vacating the Drainage and Utility Easements Along the Interior Lot Lines Between Lots 2 and 3 , and Between Lots 3 and 4, Block 1, Canterbury Park 1st Addition, and moved its adoption. Motion carried unanimously. Mayor Laurent opened the public hearing on the vacation of Minnesota Street North of the alley north of 7th Avenue. It was suggested that the discussion on the Milwaukee Manor Planned Unit Development and the rezoning request also be discussed at this time. Mr. Ekola stated that the Planning Commission recommended approval of the Preliminary PUD Milwaukee Manor. He said staff likes the (PUD) idea, however, he is bothered by the lack of information, such as, landscaping plans, building evaluations, architectural plans, etc. Staff has two concerns relating to public versus private streets: 1) on street parking and 2) snow storage. The Planning Commission recommended going with private streets for Milwaukee Court and Milwaukee Lane. Mr. Menke stated that he is not satisfied with all of the conditions placed in the preliminary approval, such as, the private streets. Mr. Menke explained his rationale for public streets and his engineer, Mr. Al Nuhn, Otto Associates, concurred with him. Cncl. Lynch stated that they did not have enough information to continue discussing the PUD project. Official Proceedings of the October 20, 1992 Shakopee City Council Page -3- Sweeney/Vierling moved to table the Preliminary PUD for Milwaukee Manor and referred it to the Planning Commission. Mr. Menke stated that he had a traffic test done. The majority of the Council likes the PUD concept Mr. Menke is proposing but conditions of approval are necessary because additional information is needed. Motion carried with Mr. Beard dissenting. Mayor Laurent asked the audience if anyone had any comments on the vacation of part of Minnesota Street. There was no response. Ms. Marty suggested continuing the hearing to November 17th, after the Planning Commission meeting. Sweeney/Lynch moved to continue the public hearing on the vacation of Minnesota Street North of the alley North of 7th Avenue until November 17 . Motion carried unanimously. Sweeney/Lynch moved to table the rezoning of property East of Market and North of 7th Avenue, until November 17, 1992 . Motion carried unanimously. Beard/Lynch moved to delete mineral extraction from the agricultural land use areas in the text of the draft 1990 Comprehensive Plan and delete the gravel pit designation from the Rural Land Use Plan and replace it with the agricultural land use designation. (Approved unanimously under consent business. ) Mr. Ekola explained the request by Ladbroke Company to amend the Racetrack District regulations in order to allow additional commercial uses in this zoning district. He stated that staff agreed with all uses except for concerts and entertainment. Ms. Marty suggested they amend Section 11. 36 relating to the race track district to allow the storage of boats and recreational vehicles - both interior and exterior; antique, craft, flea and bargain markets; and, products shows for cars, boats and home as accessory uses for a licensed Class A race track as opposed to permitted uses within the Racetrack District. Sweeney/Vierling offered Ordinance No. 342 , An Ordinance of the City of Shakopee, Minnesota, Amending City Code Sec. 11. .36, Racetrack District (RTD) , by Repealing Subd. 2 , Uses permitted by Planned Unit Development (PUD) , and Adopting a New Subd 2 Relating to the Same Subject, as Recommended by the City Attorney, and moved its adoption. Motion carried unanimously. Mr. Rick Reichow, Chief Financial Officer, Canterbury Downs, explained that he brought in the letter of credit today (for the agreement between Ladbroke and the HRA reducing the assessor's market value of the racetrack) . He explained that the County Assessor made a call to the State which raised a question as to whether or not the agreement can be consummated. He explained that he did not leave the letter of credit with Mr. Stock, that he has Official Proceedings of the October 20, 1992 Shakopee City Council Page -4- it with him tonight and that before he leaves it with the City Council, he would like some assurance that if the agreement can not be complied with that the $3 , 000, 000 letter of credit be returned. Discussion followed on how to provide Mr. Reichow with assurance that the letter of credit would be returned if the agreement can not be complied with. Beard/Vierling moved to recommend to the Housing and Redevelopment Authority that they consider amending the payment and assurance security agreement with Ladbroke to include a provision that if it was determined that there was a problem that they would return the letter of credit to Ladbroke. Mayor Laurent recessed the City Council so that the City Attorney could research whether or not an emergency meeting of the HRA could be called to act on the matter under discussion. Mayor Laurent re-convened the meeting at 9 : 10 P.M. Ms. Marty informed the City Council that under the statutes, the HRA could hold an emergency meeting as long as they make a good faith effort to provide notice to the media and the call finds that circumstances in the judgement of the public body require immediate consideration. She said that if Council wished to recess and hold an emergency HRA meeting that it would be fine under the statute. Beard/Vierling withdrew their motion. Mayor Laurent recessed the City Council for an emergency meeting of the Housing and Redevelopment Authority. Mayor Laurent re-convened the meeting at 9 : 33 P.M. Ginger O'Brien, Intra Design, discussed the bids for the furnishings for the new City Hall. She recommended awarding the bid to P.M. Johnson, Inc. She explained the two alternatives available for the reception area furniture. After discussion, Council decided to go with a modification of Alternative #2 to include four chairs and an end table. Vierling/Lynch moved to award the furnishings contract to P.M. Johnson's, Inc. in the amount of $40, 133 .25 plus Alternative No. 2 , revised, to include four chairs and one table in the upgraded fabric. Motion carried with Cncl.Sweeney dissenting. Cncl.Vierling questioned Mr. Stock about the hiring of a Recreational Department Assistant. He informed the Council that they are proposing a 32 hour/week position. Vierling/Beard offered Resolution No. 3689, A Resolution Amending Resolution No. 3525, Adopting The 1992 Pay Schedule for the Officers and Non Union Employees of the City of Shakopee, and moved its adoption. Motion carried unanimously. Official Proceedings of the October 20, 1992 Shakopee City Council Page -5- Vierling/Beard moved to appoint Ms. Sherry Dvorak to fill the Recreation Assistant employment classification at Step 2 of the 1992 pay plan effective November 1, 1992 in a permanent part-time capacity (32 hours per week) . Motion carried unanimously. Sweeney/Lynch moved to authorize the appropriate City Officials to execute the Letter of Agreement for personnel services with Scott County. Motion carried unanimously. Beard/Lynch moved to authorize the City Administrator to sign the St. Francis EAW report as required. (Motion carried unanimously under consent business. ) Beard/Lynch moved to approve the bills in the amount of $637, 793 . 69 . (Motion carried unanimously under consent business. ) Beard/Lynch moved to authorize the appropriate City Officials to execute a Release of the Petition for Public Improvements (from Northern American Life and Casualty Company and Scotland, Inc. for improvements to Valley Industrial Blvd. North from County Road 83 to Valley Park Drive) . (Motion approved unanimously under consent business. ) Beard/Lynch offered Resolution No. 3683 , A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for 2nd Avenue, Between Sommerville Street and Naumkeag Street and Various Abutting Cross Streets, Project No. 1991-3 , and moved its adoption. (Motion carried unanimously under consent business) . Mr. Hutton briefly explained the drainage problem in the vicinity of Foothill Trail. He advised City Council that he would be going through the feasibility study at the public hearing on the proposed improvement. Cncl.Beard advised the Council that he is involved in the proposed improvement and would be abstaining from discussion on the project. The public hearing date was, therefore, changed to December 1st since another councilmember would be absent from the November 17th Council meeting. Sweeney/Lynch offered Resolution No. 3684 , A Resolution Receiving A Report and Calling A Hearing on Foothill Trail Drainage Improvements, Project No. 1993-2 , and moved its adoption. Motion carried unanimously. Beard/Lynch offered Resolution No. 3685, A Resolution Authorizing the Execution of Cooperative Agreement No. TS 92-83/16 with Scott County for the Installation of Traffic Signals at the Intersection of County Road 16 and County Road 83 , and moved its adoption. (Motion carried unanimously under consent business. ) Beard/Lynch offered Resolution No. 3686, A Resolution Ordering the Preparation of A Report on an Improvement to Webster Street, 6th Official Proceedings of the October 20, 1992 Shakopee City Council Page -6- Avenue to 3rd Avenue, and moved its adoption. (Motion carried unanimously under consent business. ) Beard/Lynch offered Resolution No. 3687, A Resolution Ordering the Preparation of A Report on an Improvement to the Alley Located Between Market Street and Outlot A of Eastview Addition (Blocks 309, 314 , 317 Wermerskirchen's Addition) and Minnesota Street/Dakota Street from 7th Avenue North to the Alley, and moved its adoption. (Motion carried unanimously under consent business. ) Beard/Lynch offered Resolution No. 3688, A Resolution Apportioning Assessments Among New Parcels Created As A Result of the Subdivision of Land, Parcel No. 27-907015-0, and moved its adoption. (Motion carried unanimously under consent business. ) Beard/Lynch offered Resolution No. 3690, A Resolution Apportioning Assessments Among New Parcels Created As A Part of Platting of Dalles Townhome Addition, and moved its adoption. (Motion carried unanimously under consent business. ) Beard/Lynch offered Resolution No. 3682, A Resolution Certifying Delinquent Storm Drainage Utility Bills for Collection on the Tax Rolls Payable 1993 , and moved its adoption. (Motion carried unanimously under consent business. ) Beard/Lynch offered Ordinance No. 343 , Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending City Code Sec. 10. 20, Dangerous Weapons and Articles, By Repealing Subd. 4, Exceptions, and Enacting A New Subd. 4, Exceptions, to Allow Hunting With A Bow and Arrow on Property Commonly Known As The Northern States Power Company Blue Lake Generating Plant Property, and moved its adoption. (Motion carried unanimously under consent business. ) Ms. Marty updated the City Council on the NBZ litigation. Mayor Laurent adjourned the meeting to Tuesday, November 3 , 1992 at 8 : 00 P.M. The meeting adjourned at 10: 24 P.M. 4ligti.tS. Cox Clerk Debra Zabel Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL SPECIAL SESSION SHAKOPEE, MINNESOTA OCTOBER 26, 1992 Mayor Gary Laurent called the meeting to order at 7:00 P.M. with Councilmembers Lynch, Sweeney, Vierling, and Beard present. Also present: Dennis R. Kraft, City Administrator; Gregg Voxland; Finance Director, Dave Hutton, Public Works Director/City Engineer; and Lindberg Ekola, City Planner. Sweeney/Vierling moved to approve the hiring of All Brands Communications, Inc. of Eden Prairie to provide voice/data cabling for the new City Hall for a total cost of $6, 280. 68 including tax. Motion carried unanimously. The meeting wa adjourned at 7 : 05 p.m. Ju i h S. LoX Ci Clerk Lindberg Ekola Recording Secretary coms G8hhakopee CHAMBER OF COMMERCE CONVENTION & VISITORS BUREAU November 9 , 1992 Mayor Gary Laurent Shakopee City Council Shakopee City Hall 129 First Avenue East Shakopee, Mn. 55379 Dear Mr. Mayor and Councilpersons: The Shakopee Area Chamber of Commerce on behalf of the Shakopee Convention and Visitors Bureau would like to request Sec. 6.44 LODGING TAX be amended to provide for the extension of local options lodging tax for a period of three years from or after January 1, 1993 . Thank you for your thoughtful consideration. Sincerely, l ;t; �✓ G Kristen L. Dirks Executive Director CC: Barry Stock, 1992 Chamber President Terrence O'Toole, 1993 Chamber President Debra Carey, CVB Chair Fred Pioske, CVB Vice Chair Staff Recommended Action: Direct the city attorney to prepare the appropriate ordinance to continue the lodging tax for an additional three year period. 1801 Trunk Hwy. 101 Shakopee, Minnesota 55379 612-445-1660 FAX 612-445-1669 7 MEMO TO: Dennis Kraft, City Administrator FROM: Lindberg Ekola, City Planner RE: Vacation of Minnesota Street North of 7th Avenue DATE: November 9, 1992 INTRODUCTION: City Staff has received a petition from LeRoy Menke to vacate the portion of Minnesota Street north of the alley located north of 7th Avenue. The City Council opened the public hearing on September 15, 1992 , to consider this vacation request. The public hearing was continued to the November 17, 1992, meeting. BACKGROUND: The proposed vacation is part of the applicant's Planned Unit Development (PUD) , Milwaukee Manor. At the November 3 , 1992, meeting, the City Council approved the preliminary development plan for this PUD, subject to 17 conditions. A final development plan has been submitted by the applicant and will need to be approved by the City Council. Attached is a copy of the October 9, 1992 , staff report to the City Council on the proposed vacation for reference purposes. ALTERNATIVES: 1. Vacate the portion of Minnesota Street north of the alley between Block 309 and Block 314 of Wemerskirchen's Addition, subject to the recording of the final plat for the Planned Unit Development proposed by Mr. Menke. 2 . Do not vacate the portion of Minnesota Street north of the alley between Block 309 and Block 314 of Wemerskirchen's Addition. 3 . Continue the public hearing to allow staff or the applicant to provide additional information. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends approval of the vacation of the portion of Minnesota Street north of the alley between Block 309 and Block 314 of Wemerskirchen's Addition, subject to the recording of the final plat of Phase 3 for the Planned Unit Development proposed by Mr. Menke. If the Menke proposal is not approved, the vacation should not take place. It could be reconsidered at a future date. ACTION REQUESTED: Offer a motion to support the future vacation of the portion of Minnesota Street north of the alley between Block 309 and Block 314 of Wermerskirchen' s Addition, subject to the approval of the final plat for Phase 3 of the proposed Planned Unit Development for Milwaukee Manor and the City retaining a 20 foot wide public drainage and utility easement for the existing water main in the Minnesota street right-of-way proposed for vacation, and move its adoption. MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Vacation of Minnesota Street North of 7th Avenue DATE: October 9, 1992 INTRODUCTION: City Staff has received a petition from LeRoy Menke to vacate the portion of Minnesota Street north of the alley located north of 7th Avenue, and south of the abandoned railroad line. The City Council opened the public hearing to consider this vacation request at their meeting on September 15, 1992 , and continued the public hearing to the October 20, 1992, meeting of the City Council. At their October 8 , 1992 , meeting, the Shakopee Planning Commission recommended that the proposed vacation be approved, subject to three conditions. BACKGROUND: The Planned Unit Development (PUD) for Milwaukee Manor is being proposed concurrent with the proposed vacation. A request to rezone the PUD site to Mid-Density Residential (R-3) from Multi- family Residential (R-4) and Urban Residential (R-2) is also on the October 20th City Council agenda. The City Council may want to review the staff reports regarding the proposed Milwaukee Manor PUD and the rezoning proposal for this proposed development in conjunction with this application for the vacation of Minnesota Street. DISCUSSION: The grid system of streets in the urban Shakopee area has generally been constructed in a consistent pattern to allow for an efficient transportation network. There are a few areas where the grid pattern is broken, including the area bounded by 4th Avenue, Market Street, 7th Avenue, and C.R. 17 . The proposed Menke Planned Unit Development (PUD) is located within this area. Promoting a safe and efficient public street system is one of the goals established in the transportation element of the Comprehensive Plan. Continuation of the existing grid system in the urban area will generally help promote a desired transportation system. There are four alternatives for developing the future local street patterns in this area. They are as follows: 1. Extend both Minnesota and Dakota Streets from 4th Avenue to 7th Avenue. 2 . Extend Dakota Street only and retain the cul-de-sac street for Minnesota Street. 3 . Extend Minnesota Street only and require the developer to install a cul-de-sac on Dakota Street. 4 . Do not extend either street through from 4th Avenue to 7th Avenue. Exhibit C illustrates the draft 1990 transportation plan for the urban area of Shakopee and the street functional classification system (arterial, collector, and local streets) . With the opening of a railroad crossing at Market Street, and the reconstruction of Market Street to 10th Avenue, staff would recommend that Market Street be designated as a collector street. It should be noted that the 1980 transportation plan designated Market Street as a collector street. Exhibit D is a copy of the 1980 transportation plan. In both the adopted 1980 and draft 1990 Comprehensive Plans, Minnesota and Dakota Streets south of 4th Avenue have been classified as local streets. As shown on Exhibit B, the rights-of-way for Dakota Street were extended north of 7th Avenue for the purpose of future connections. A cul-de-sac bulb has been constructed on Minnesota Street, whereas Dakota Street does not have a cul-de-sac. Both streets exceed the 500 foot cul-de-sac length limit in the urban area (Minnesota Street - 600 feet and Dakota Street - 850 feet) . Will the connection of public streets create traffic problems in areas already developed? The Comprehensive Plan designates a range of traffic volume capacities that should be attributed to each street type. The following table identifies those volumes in average daily trips (ADT) : STREET TYPE URBAN AREA Principal Arterial 12 , 000 - 24, 000 Minor Arterial 5, 000 - 12, 000 Collector 1, 000 - 5, 000 Local Up to 1, 000 Exhibit E is a copy of the area traffic volume counts. Market Street and Spencer Street are two north - south collector streets between the downtown area and C.R. 17 . These streets provide a connection from 1st Avenue to 10th Avenue. Their volumes just exceed 1, 000 trips per day. Currently Minnesota Street provides access from 1st Avenue to 4th Avenue by crossing the railroad line within 2nd Avenue. With the designation of Market Street as a collector street, the opening of Minnesota Street may diminish Market Street' s role as a collector, especially since the two streets are one block apart. The developer of the PUD is proposing to extend Dakota Street and not extend Minnesota Street in this area. This alternative would not result in access from 1st to 10th Avenue since there is no railroad crossing in Dakota Street alignment. Please refer to the staff report for the proposed Planned Unit Development for Milwaukee Manor for information on the proposed street layout. Based on this discussion, staff would recommend approval of the proposed vacation for the small portion of Minnesota Street with the proposed PUD development. As proposed with this PUD, the Minnesota Street right-of-way would no longer provide a public benefit. Although the Shakopee Planning Commission was informed that it was staff ' s opinion that with the construction of this proposed development, traffic volumes on Dakota Street would not exceed the volumes established for local streets in the Comprehensive Plan (up to 1, 000 trips per day) , the Planning Commission requested that a traffic analysis be performed in order to obtain a more accurate estimation of the potential impact of traffic on the surrounding neighborhoods. A traffic analysis was prepared by Strgar-Roscoe- Fausch, Inc. for the proposed PUD. Results from the traffic analysis indicate that if the proposed PUD development is constructed as proposed and Dakota Street is constructed as a through street, the number of vehicles traveling north on Dakota Street would average approximately 620 trips per day, while the number of vehicles traveling south would average 222 trips per day. The developer has proposed that this PUD will be constructed in three phases. The area west of Dakota Street would be developed in the last phase. The estimated construction date for Phase 3 is 1996. Since the proposed vacation is necessary for the PUD, but not required until Phase 3 develops, the Planning Commission has recommended that the vacation be approved concurrent with the approval of the final PUD plan, but not recorded until approval of the final plat for the lots within Phase 3 is received from the City Council. This would allow Minnesota Street to be constructed if Phase 3 does not develop and is needed for another development proposal. A water main has been constructed in the area within the dedicated portion of Minnesota Street. Shakopee Public Utilities is requesting that the public utility rights be retained for the area to be vacated, and that a 20 foot wide drainage and utility easement be dedicated and recorded with the Scott County Recorder's Office. ALTERNATIVES: 1. Vacate the portion of Minnesota Street north of the alley located north of 7th Avenue and south of the abandoned railroad line, subject to the conditions listed in the recommendation from the Planning Commission below. 2 . Deny the vacation of the portion of Minnesota Street north of the alley located north of 7th Avenue and south of the abandoned railroad line. 3 . Continue the public hearing to allow staff or the applicant to provide additional information. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends approval of the vacation of the portion of Minnesota Street north of the alley located north of 7th Avenue and south of the abandoned railroad line, subject to the following conditions: 1. City Council approval of the final development plan for the Planned Unit Development. 2 . The City shall retain a 20 foot wide public drainage and utility easement for the existing water main in that portion of the Minnesota Street right-of-way proposed for vacation. 3 . The City agrees to vacate the subject right-of-way with the approval of the final plat for Phase 3 of the proposed development for Milwaukee Manor. If the entire Planned Unit Development proposal for Milwaukee Manor is not approved, the vacation should not be recorded. It could be reconsidered at a future date. ACTION REQUESTED: Offer a motion to support the future vacation of the portion of Minnesota Street north of the alley between Block 309 and Block 314 of Wermerskirchen' s Addition, subject to the approval of the final plat for Phase 3 of the proposed Planned Unit Development for Milwaukee Manor and the City retaining a 20 foot wide public drainage and utility easement for the existing water main in the Minnesota Street right-of-way proposed for vacation, and move its adoption. EXHIBIT A Y' - • r% . •'.4.44 ;� -r' -•.. _ . _ - ,,_ - AIL... !" .1 _ • . r .tom-� -. ■'i awe ._ - --" _.._ _ . - -.- •'.. - "- P111:: 11`1-k • F� �- - 445, '‘ ; � SUBJECT SITE•'_y _ - %ri '•�-�' r 'f -;te r-. _ - :' , =? ._ z= �� ' - i 'i ..... -•••-• rte: &.. .Yt ..�...� _. i • :• � �- __ • 1i • t � t . -i - • ` •t • r�r- _.._-� :fitW-1= :Yi_ ... ---. _.._. __ . ..-._-_- t .w •• (/`jam • AG AGRICULTURE y _• - R1 r RAL RESIDENTIAL E. - R2 >N RESIDENTIAL _. - .... ... ... R3 E. )ENSITY RES. .. _. . R4 N '1 FAMILY RES. - -: .. ._ .. _�.T . . ..• . B1 HG}-WAY BUSINESS :. •- r " 82 COMMUNITY BUSINESS -.- • -,.:-" - _. '. B3 CENTRAL BUSINESS --�--' - •• ' ,- • - - I 1 LIGHT INDUSTRIAL ,. . ' L.1.• :..........i �-'0',.\- -- . ;t 12 HEAVY INDUSTRIAL MQ�..; - , , f - • S SHORELAND - FLOODPLAIN DISTRIC ��•�` T . - _ - z � T - -•-- MANDATORY PUD _. RTD RACETRACK DISTRIC,-Z .. . _ Zoning Map City of SHAKOPEE S -- -1- \ \_� a \ II 1" \~ 1 4 ` _ - •• - - L. K �\ • , toj0; si7 '. , a0 EXHIBITB "E �8�3;6 � Y • 2 M- : -- : \ t-_ -L.`4 ç::T 3' a y 2 _ i A GELHAYE 5 a 3 2 i 35- Z 5 ~ -- I � :72050 8 — 2 . 7 a. 3 C�1�1 ON ,.t1 Y 0. 3ELHAYF -_9._-. _-_8_ I.` 1` CITY OF SHAKOFEEI \ 10 >. 4 10 1 1i �� ll l I d _ • --•--—•--t--- I '\• �� —�Q I— 0 DEAN SMITH -• .. /' S O ^OD1 1 1 361 1 \',`tea 2 X40109 G P. Y I `` •'- /92533 C E0. R. SIEBENALER -,� CERT. 8257 SITE �'/c• 2 (SUBJECTE 1 6302 - _ � 1 7 5 I j 4 Co.>, DARK --zap C • •. 7-3r2r. 61 j /33 I I 1 I 2 3 OUT LOT A ' 1 : , a 5 I 2 3 4 5 I 2 5 j, N I1 -1 l I ;' 2 7TH ST. 303 I 1 1i 2 g l 7 F 0 i 9 8 7 5 10 ° 9 7 6 10 9 • 8 3 05 1 31 .1, _ , NE N�Sj313 3I3 I a 0 val 1- c i tn i Im Qi �� G 4 5 1 ( 2 3 1 4 v v 1 �2 3 4 I 2 3 1 :.''''''s/. . ;�n T$ N I fI II 4 8TH ST. ��r ! `G/ 4 ._--i i i CERT �I� Y� '� -T 0. ooi . , - 1 CERT. `I' I 7 7 r r 0 • r- 13822 W a+ 7413 5 6 c ___[.. .1.." --..LF !0 _ — 5 10 10 I c t N ° S g w 17 9 FQ- 1 _ 9 O H- -- 83i9--- a t..1 3 <2 ' CERT z , C , 3 7 . 19 I i 15649 : g 19 - n - - - --- 3 5 �,�,� .- -- — — -� 1_ - j a. 1 I 20 5 S 4 I 5 2 0 -_ ----- -.�J l r- - _ _ -- - s.. e1........—...— = _�..__ . ro a = 1U •C "1"-- ... . \ III cn 1 •/ . Y &; • 1CC CZ ( © 3 Rt s - _ --..�` �_ - j Lt_ L cin FI 1 L-_...: / E-+0..4 - ____ • - 1 — • w 'k__.:* 1 -.4: ....... - of • = L� .. . s . • - . _ ., --- - =- ` 1 ISI _ - _i •• -• TA • a ;, T, o o _ • _ I I � ;41 ll ..-,, 1 I�J&; 1 ....�...... .......... _._........._...1 I.r..,I '.,.rrr-.•r.,trr,..,,rl�r:.rlr�V. r:r.,rr.^r r..- ...'_./. / i � .....- --_... 1' ?......!„....ii 00%,„,,, 65.1nI^ np^;.nm� 0 . jC 1 11 Il / N t)a. �\s 44 /,.; ; I / i1i / / i;:�; ` IQ U) mill I I ' I Ii lrI I I cI IrW / '')/ ..,s., I I I s I? 10( • so sq Ili I- ca co 1 ... � U' I I Irl - I 1 ( ,� Vi; -=J1, a It, a LI] a I I �; !�a tlrasrr J ' 3 1- W ,X?� / ra/vo1 5 vl Q 1 I ✓ \ _ / ".- :hI0 = p Np'� J/ rf +r. 1 V\ V J F_ ~ U a 2 1 ' is it •'t -- Q 00 ti.1 I- '� Q Q 2 i. pi; • C•rv ,a, j .- c�f< tll 3tl111ddYtil ._ 2 _ _ Z Z + ti D O O ,c cn O w Se 1 L) ,,w -11:P1 I.,N IM t V V G < U F N r �T�l'1 -.n,l�.wwln Y�A011D fi.rP r1• !�r i-- At. J I . t iii nS7: /....1:-.E1-541 - -I- '.. OS / t ± i ±± .t Y' IL I r.it rnwN �._.._�I___��_„ 37 :\' • _ J ;%K'” —Fa' i1 r' :$ 1.' _ 0011./ a I •if uwN,r/ s •(( cc-7 ,_ U3J • II 1rThlFifit \ •o'-_.. WOW . •rA . JL ,---- t,a 1 1147ir'!.' (� •1 / •�r111Il v�i6 •\ :l-_. �. A11 I..._Ii-- _l — Ire ..,'.v. vi -N., ,. nO' - �� IC •IOMva ['' 11 ,YIN VI - • U ,` l Z 'r-7l . tt r1T ft 11rv1 +M I.• �1 1:; .,« �;.. 'lC JLJC,Irl �or,� _ ')� - �� 1!"--rit ,i( Jr.z.7;)-___ 3(d(I]I I . 0 • . Iir1 ` I `l - i57,i5lI", --7..,«m,za .,,. — 15.. • . .c.._ . t)IC) n .f_if, g]l , ]1 � �._ I I s OSSIm.:7 c `T97 -r. OS£1' T"vrr.......«««..... .;T:77----6-67,-- 8;(; .--.««« 0011 a .. -.. t— 1t3uL. -Till,;N•wwal ! �^T 111'n _ji ' :.In .\ 1L T.1GiS'r N, �f ,f..- rscw:mr _� 1 9f^'`.._Jiro = I'• ,. 3� - `(_IL_f��1`1,r��1('Ir 06£I;l _Z\\-1' `� ,n r m¢ �: � i ; •� • 11 yr=11.x•„_��3-......... V MN11 �, N 1, ---:!---3-iii-iii n`, fl As 7 1 i- ayc •.. ..Q;1. i1i 011• . Tjl.w. iv^ o ,IN t 1lyc._ _._ S 1, ,rMwlNls a����••.« I :, f-, L.._ .\v,4-.7,-;,-,-..1 .,r__ I (1 �t .]i:_ wrtl -� ~_n--- . I.aJ yr • ED i I 2. _ (--••wn I c 'ft': _ •• /n: \ \ ,a N a sa l i L', r.- 'tr.1. •i O r M1 ' \ L \ \ \ ` N I OOt .a:�si,t '''.1:::11:::.1 . .?;11_--,••Ir :.W � `��"'"""•"'717ptr'T""a,_�..r� 0 P 009£ \~--�,;,_.�•w._�� \� [ °- JI : _�� • I 0091 ).) Iti In \\\\�\ ."'y,\ —���I ,___.:=ti _ —�` Sian?17-7 I� ,{-J f _..':i`. ---'''.1 _.�I i r! t ,� C ,;N.1 I NI __ \ I - i q( • \ Tial \\ ` Tri..4.4".6'.......A,..JI. '. IIr..k. r Vl` .,i 0 .I I.. ��,1•CMw,SII I 1 r.:; • • sot\. I 1 ; 1\ �:. I - +II;a rrv..l. � \ � •�♦ v_\ I 090f.11s.I1-.....� �� ..._.._ ' I 006 A (4 b r. •I I. •, 9. 1; 1 . : . ii N 1.,111•;,3,I 1 •:,,•,:". V i , _i_. I • • i' H 1 __, 1 ,----- ,„ . „, li iii.i.„,,,w • ,/,/,--11rs—rmisi _�\ �... l ' 1 C--------- . 1 V Tan u w.rog k\I ' \milt , __. 0 .r-„ V �'{1 {(J111. CATIC ,J1. 1..._. ,. , -, \ \ S \ç .o s� i4N, „ ,‘„, ll.,„„i ,„ ,,,,,,,, ,.,„.,„, :i, 1— a a o i 4 ii .- _- 21 i. 01 4 %\ \ i ot 8= • — f '1;' LI 1 ---LIO , 7=1 :Mk ' r lc\ '1 t nn i....',.' 1 '.,. *..,410:14,111101_,' --- -7=-2 :..i,,A.13(ililOS . 1 1 1,011111% SO ' 1: i Ti 11 ''''':I.:' ...'. '1 filt 4...:it i it I - . o ,- i n/ \1C1\n1Blitill-- ....\r L 'I I 1 , :•• DIV. laa]1c / I 0111V,;:,PeOU View '1 'I r-- __,, um i imulalses L . �:- �'f,1S ‘: Vin11111 I lana i uosiajlaf , r--9.1S uos(M s` `.'e_r.. 1. LOS ao.woW W I Py At' „as h a , hI 1 0 s j-a3� uo� , =RS UOS,.1MT- Y JJJJs aa1Ril a� � / v) /;//' ` „ •\ I6O \ a ldOLJ MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Application for Rezoning from Multi-Family Residential (R-4) and Urban Residential (R-2) to Mid-Density Residential (R-3) DATE: November 9, 1992 INTRODUCTION: Mr. LeRoy Menke has requested the rezoning of 9. 6 acres of property located along Dakota Street, south of 4th Avenue. The applicant is proposing to rezone the site to Mid-Density Residential (R-3) . The northeast portion of the subject site is currently zoned Multi- family residential (R-4) , and the remainder of the site is currently zoned Urban Residential (R-2) . BACKGROUND: The proposed rezoning is part of the applicant's Planned Unit Development (PUD) , Milwaukee Manor. At the November 3, 1992, meeting, the City Council approved the preliminary development plan for this PUD, subject to 17 conditions. A final development plan has been submitted by the applicant and will need to be approved by the City Council. Attached is a copy of the October 9, 1992 , staff report to the City Council on the proposed rezoning for reference purposes. ALTERNATIVES: 1. Rezone the subject site from R-4 (Multi-family Residential) and R-2 (Urban Residential) to R-3 (Mid-Density Residential) , except for the northwest portion of the site, west of a line drawn south of the western boundary of Macey 2nd Addition. This area would remain in the R-2 district (Urban Residential) . 2 . Rezone the entire subject site from R-4 (Multi-family Residential) and R-2 (Urban Residential) to R-3 (Mid-Density Residential) . 3 . Do not rezone the subject site from R-4 (Multi-family Residential) and R-2 (Urban Residential) , to R-3 (Mid-Density Residential) . Leave the zoning as it currently exists. 4 . Table the decision until after a recommendation on the proposed vacation and preliminary PUD have been made for the proposal by the Planning Commission. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends Alternative #1. (See Exhibit I in the attached Staff Report dated October 9 , 1992 . ) Allowing the triangular shaped section in the northwest portion of the subject site to remain zoned R-2 (Urban Residential) will provide a more even zoning line for the zoning district. The rezoning of this property will encourage the development of the vacant undeveloped properties along the railroad line. A greater variety of housing types could be provided to the residents of Shakopee if the property were rezoned as the Planning Commission has recommended. ACTION REQUESTED: Offer Ordinance No. 347 , An Ordinance Amending the Zoning Map to Rezone an 8 . 75 acre site from R-4 (Multi-family Residential) and R- 2 (Urban Residential) to R-3 (Mid-Density Residential) . ORDINANCE NO. 347, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP TO REZONE AN 8.75 ACRE SITE FROM R-4 (MULTI-FAMILY RESIDENTIAL) AND R-2 (URBAN RESIDENTIAL) TO R-3 (MID-DENSITY RESIDENTIAL) . WHEREAS, on May 29 , 1992 , Mr. LeRoy Menke, Mr. Ted Jasper, and Mr. Edward Effertz submitted an application requesting rezoning from R-4 (Multi-family Residential) and R-2 (Urban Residential) to R-3 (Mid-Density Residential) of land owned by them described on Attachment 1; and WHEREAS, a public hearing was scheduled for August 6, 1992 , and notices duly sent and posted, and all persons appearing at the hearing were given an opportunity to be heard; and WHEREAS, the Planning Commission reviewed this request at their public hearing on August 6, 1992 , and voted to recommend approval of the rezoning request for approximately 8 .75 acres of the subject site. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That the zoning map adopted by reference in City Code Sec. 11. 21 is hereby amended by rezoning the property described on Attachment 1 from R-4 (Multi-family Residential) and R-2 (Urban Residential) to R-3 (Mid-Density Residential) . Section 2 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1992 . Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney Published in the Shakopee Valley News on the day of , 1992 . ATTACHMENT 1 That part of the North Half of the Southwest Quarter of Section 6, Township 115, Range 22, Scott County, Minnesota, described as follows: - Commencing et the southwest corner of said North Half of the Southwest Quarter; thence on an assumed bearing of South 89 degrees 11 minutes 51 seconds East along the south line of said North Half of the Southwest Quarter a distance of 1008.50 feet to the point of beginning; thence North 00 degrees 24 minutes 17 seconds East a distance of 300.00 feet; thence North 89 degrees 11 minutes 51 seconds West a distance of 197.61 feet; thence North 00 degrees 24 minutes 17 seconds East a distance of 231.23 feet; thence South 65 degrees 20 minutes 50 seconds East a distance of 192.67 feet to the southwest corner of Lot 10, Block 3, MACEYS SECOND ADDITION, according to the record plat thereof; thence South 65 degrees, 20 minutes, 50 seconds East .along the south . line of the record plats of MACEY SECOND ADDITION and MACEY PLAT a distance of 581 .44. fee: to thei centerline of Dakota Street according to said MACEY PLAT; thence South 00 degrees, 42 minutes, 33 seconds West a distance of 36. 11 feet; thence South 02 degrees 47 minutes 32 seconds West a distance of 182.21 feet to the south line of the North Half of the Southwest Quarter of said Section 6; thence North 89 degrees 11 minutes 51 seconds West along said south line to the point of beginning. AND Lots 6 & 7, Block 314 and Lot 6, Block 309, all in WERMERSKIRCHENS ADDITION, according to the record pier thereof, Excepting therefrom that area lying west of the west line of Lot 10, Block 3 of Macey 2nd Addition extended southerly a distance of 150 feet. -AND- That part of the North Half of the Southwest Quarter of Section 6, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the southwest corner of said North Half of the Southwest Quarter; thence on an assumed bearing of South 89 degrees 11 minutes 51 seconds East along the south line of said North Half of the Southwest Quarter a distance of 1008.50 feet; thence North 00 degrees 24 minutes 17 seconds East a distance of 300.00 feet; thence North 89 degrees 11 minutes 51 seconds West a distance of 197.61 feet; thence North 00 degrees 24 minutes 17 seconds East a distance of 231.23 feet; thence South 65 degrees 20 minutes 50 seconds East a distance of 192.57 feet to the southwest corner of Lot 10, Block 3, MACEYS SECOND ADDITION, according to the record plat thereof; thence South 02 degrees 08 minutes 30 seconds East along the southerly extension of the west line of Block 3 of said MACEYS SECOND ADDITION a distance of 35. 72 feet; thence South 65 degrees 20 minutes 50 seconds East a distance of 582.42 feet to the southerly extension of the centerline of Dakota Street according to the record plat of MACEY PLAT and the point of beginning; thence continue South 65 degrees 20 minutes 50 seconds East a distance of 360.85 feet; thence South 00 degrees 24 minutes 17 seconds West a distance of 36. 19 feet to the south line of the North Half of the Southwest Quarter of said Section 6; :hence North 89 degrees 11 minutes 51 seconds West along said south line a distance of 336.61 feet to a line which bears South 02 degrees 47 minutes 32 seconds West fro= the point of beginning; thence North 02 degrees 47 minutes 32 seconds East a distance of 182.21 feet to :he point of beginning. AND Lot L, Block 317 , r'ER*.ERSKIRC ENS ADDITION, according to the record plat thereof. -rND- That part of the North Half of the Southwest Quarter of Section 6, Township 115, Range 22, Scott County, Minnesota, described as follows: Comencing at the southwest corner of said North Half of the Southwest Quarter; thence on an assumed bearing of South 89 degrees 11 minutes 51 seconds East along the south line of said North Half of the Southwest Quarter a distance of 1008.50 feet; thence North 00 degrees 24 minutes 17 seconds East a distance of 300.00 feet; thence North 89 degreees 11 minutes 51 seconds West a distance of 197.61 feet; thence North 00 degrees 24 minutes 17 seconds East a distance of 231.23 feet; thence South 65 degrees 20 minutes 50 seconds East a distance of 1.92. 67 feet to the southwest corner of Lot 10, Block 3, ACEYS SECOLNO ADDITION, according to the :G.uord plat thereof; thence South 02 degrees 08 minutes 30 seconds East along the southerly extension of the west line of Block 3 of said MACEYS SECOND ADDITION a distance of 35.72 feet; thence South 65 degrees 20 minutes 50 seconds East a distance of 582.42 feet to the southerly extension of the centerline of Dakota Street according to the record plat of MACEY ?LAT and the point of beginning; thence continue South 65 degrees 20 minutes 50 seconds East a distance of 360.85 feet; thence South 00 degrees 24 minutes 17 seconds West a distance of 36. 19 feet to the south line of the North Hall of the Southwest Quarter of said Section 6; thence North 89 degrees 11 minutes 51 seconds West along said south line a distance of 41.38 feet to the northeasterly line of Oudot A, EAST- VIEW FIRST ADDITION, according to the record plat thereof; thence South 65 degrees 16 minutes 39 seconds East along said line a distance of 126. 16 feet to the southerly extension of the east line of Lot 2, Block 1 , CLIFTON FIRST ADDITION, according to the record plat thereof; thence North 00 degrees 41 minutes 35 seconds East along said extended line a distance of 90.70 feet to the southerly line of Lot 2, Block 1 , of said CLIFTON FIRST ADDITION; thence North 65 degrees 20 minutes 50 seconds West along said southerly line, and the northeasterly extension thereof, a distance of 441.84 feet to the centerline of Dakota Street, according to the record plat of MACEY PLAT; thence South 00 degrees 42 minutes 33 seconds West along the southerly extension of said centerline a distance of 36. 11 feet to the point of beginning. -AND- Lot 2, Block 1 , CLIFTON FIRST ADDITION, according to the record plat tereot. -AND- ThatlyingNorth of the North hat part of Minnesota Street and that par: c: Dakota Street line, and the Easterly and Westerly extensions thereof , of the alley running .nn_ng through Blocks 309 , 314 and 317 as platted 4r. :.ER`:==Si::Rc: LNS =DDI_:ON. MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Application for Rezoning from Multi-Family Residential (R-4) and Urban Residential (R-2) to Mid-Density Residential (R-3) DATE: October 9 , 1992 INTRODUCTION: Mr. LeRoy Menke has requested the rezoning of 9 . 6 acres of property located along Dakota Street, south of 4th Avenue. The applicant is proposing to rezone the site to Mid-Density Residential (R-3) . The northeast portion of the subject site is currently zoned Multi- family residential (R-4) , and the remainder of the site is currently zoned Urban Residential (R-2) . Please refer to Exhibit A. The application from Mr. Menke requesting the rezoning of this property was submitted on May 29, 1992, and the public hearing for the rezoning proposal was originally scheduled for the July 9, 1992 , meeting of the Planning Commission. However, on June 29, 1992 , the applicant submitted a written request that the public hearing regarding this proposal be continued to the August 6, 1992, meeting of the Planning Commission. He stated in this request that more property had been acquired and the additional property would also be included in the rezoning request. At their meeting on August 6th, the Planning Commission recommended approval of the rezoning of the majority of the subject site. BACKGROUND: Along with this rezoning request, the applicant is proposing a Planned Unit Development (PUD) for a residential development on the subject site. This proposal was introduced to the Planning Commission at their August 6, 1992 , meeting. At their September 3 , 1992 , meeting, the Planning Commission tabled their recommendation regarding the preliminary PUD, as well as their recommendation regarding the vacation of a portion of Minnesota Street, to their October 8 , 1992 , meeting. The Planning Commission recommended approval of both the preliminary Planned Unit Development for Milwaukee Manor and the vacation of a portion of Minnesota Street at their October meeting. The following is a list of approvals that the applicant will need to receive from the City Council for the proposed project: 1. Rezoning from R-2 and R-4 to R-3 . 2 . Vacation of a portion of Minnesota Street. 3 . Preliminary PUD. 4 . Final PUD. 5. Preliminary plat. 6. Final plat(s) . In order to present this complex development in a more comprehensive manner, staff felt it was important to present the proposed rezoning, vacation, and preliminary PUD at the same City Council meeting. Since the Planning Commission's recommendations regarding the vacation and the preliminary PUD were tabled to their October meeting, staff delayed placing the rezoning application on the City Council agenda until these recommendations had been made. During discussions on the rezoning request, the Planning Commission requested additional information on how the rezoning request relates to the Comprehensive Plan, and additional information for the area bordered by 10th Avenue on the south, T.H. 169 and 101 on the west and the north, and Marschall Road to the east. The information items requested include land use, transportation, utilities, and pedestrian facilities. Land Use Within the designed study are or core City area, there are five general land uses including the following: 1. Downtown - retail, office, multi-family residential. 2 . Institutional area - institutional, office, mixed residential. 3 . Core residential neighborhoods - primarily single family residential. 4 . First Avenue corridor - retail, mixed residential. 5. Marschall Road corridor - retail, multi family residential. Exhibit B is a copy of the approved land use plan from the draft Comprehensive Plan. The plan illustrates the locations of these five general land uses in the core City area. The downtown is surrounded by the institutional area which is then surrounded by the core residential neighborhoods. Along the major streets, First Avenue and Marschall Road, are various commercial and multi-family residential land uses. Transportation The draft Comprehensive Plan has established a system for classifying streets within the core City area. Exhibit C is a copy of the transportation plan from the approved draft Comprehensive Plan. Four street types (Principal Arterial, Minor Arterial, Collector and Local) were designated throughout the core area. The intent of classifying streets into these four types - also known as the street functional classification system - is to create a safe and efficient street system. Each street type serves a defined purpose and is designed accordingly. Several characteristics such as traffic volume, traffic speed, right-of-way and street widths, spacings and several other characteristics are developed for each street type. Exhibit D lists these characteristics in more detail. By comparing the land use and transportation plans a relationship between the two systems can be established. More active or intense land uses (commercial, multi-family residential, etc. ) tend to occur closer to the busier streets. Less intense land uses (single family residential) tend to be located away from streets with higher traffic volumes. Utilities A majority of the core City area is currently served by public water and sewer facilities. There are a few properties which have onsite water and/or sewer but are being connected as redevelopment or street reconstruction occurs. Exhibit E is a copy of the approved sewer plan from the draft Comprehensive Plan. The City has hired a consultant to prepare a detailed sewer plan. This plan will provide greater detail on sewer services in the core area as well as City wide. The basic sewer system is in place in the core area. Connections to the existing lines will be required for future development. Shakopee Public Utilities Commission (SPUC) administers the water and electric utilities. Similar to sewer services, SPUC is providing connections with water as redevelopment occurs. Pedestrian Facilities The draft Comprehensive Plan provided a park and trail plan for the urban core area. (See Exhibit F) . This plan shows the location of City parks, schools, and trails (existing and proposed) . Over the past six months staff has been developing the Citywide Sidewalk and Trail Plan. This plan is building from the previous Comprehensive Plan effort. In response to various discussions by the Planning Commission, staff has developed a plan providing a more extensive network of sidewalks and trails including the core City area where the greatest amount of pedestrian activities occur. The sidewalk and trail plans have been developed in conjunction with the land use and transportation plans. Housing Several goals and policies were developed in the draft Comprehensive Plan relating to housing. Four goals listed in the housing element include: o Promote safe, decent housing in a suitable living environment at a reasonable cost for all families and individuals. o Preserve and improve existing residential neighborhoods by encouraging housing maintenance and rehabilitation. o Increase housing opportunities available to low and moderate income households. o Provide a variety of housing types which will meet the needs of City residents. One of the major tasks identified in the Comprehensive Plan is to prepare the Zoning Ordinance update. Staff has incorporated into the 1993 budget a proposal to hire a consultant to assist in this effort. The updated Zoning Ordinance will be critical in preserving and promoting quality housing throughout the City. Several other area studies or specific plans are being proposed in the upcoming budgets which will provide further guidance to the development of quality housing in the City. Staff will continue to advocate the preparation of these planning efforts in the future. DISCUSSION: Between the commercial districts along First Avenue and Marschall Road and the core R-2 zoned areas are the Mid-Density Residential (R-3) and Multi Family Residential (R-4) districts. The R-3 and R- 4 zoned areas tend to be located between the downtown and Marschall Road. There is also a large area zoned R-4 east of Marschall Road. The applicant's site is located between the downtown and the Marschall Road corridor. The site is currently vacant and is bisected by the former Chicago Milwaukee Railroad. North of the railroad there is a mix of single family and multi family uses (1 to 8 dwelling units per lot) . Only where lots have been consolidated into larger parcels or originally platted into larger lots have multi family units been constructed. Generally the multi family projects do not exceed 6 to 8 dwelling units within a structure. There are 56 dwelling units in the Clifton Apartments adjacent to the north edge of the proposed site. On the east side of the site is the City's Public Works yard. This parcel is zoned B-2 , Community Commercial. To the west is single family residential zoned R-2. The existing land uses south of the abandoned railroad line are primarily single family residential uses. The R-2 zoning district allows duplexes, provided the lot is of adequate width (70 feet) and area (11, 000 square feet) . There are some duplexes in the area south of the railroad line. Exhibit G locates the subject site on the land use plan from the draft Comprehensive Plan. The proposed land uses in the subject site include multi family residential, mid-density residential and single family residential. As shown on the land use plan the railroad line was envisioned as a divider of area land uses. The development of properties along the railroad line was not analyzed in detail at the Comprehensive Plan level. Instead, the effort was aimed at a more general or City wide level. The development of the applicant' s site, (with respect to the surface bedrock, triangular shaped parcels, and lack of through streets) was not addressed specifically in the 1990 draft plan. The applicant is proposing to develop a planned unit development (PUD) consisting of 57 dwelling units. The applicant is requesting that the assembled property be rezoned from R-4 and R-2 to the R-3 , Mid-Density Residential District. The R-3 zoning district regulations would allow single family, duplexes, triplexes, and four-plexes as permitted uses. Rezoning the assembled property would provide one uniform zoning district over the applicant' s site. The proposed zoning is shown on Exhibit H. As proposed, the R-3 zoning would be adjacent to R-4 and B-2 zoning on the east and north and R-2 zoning on the south and west. Promoting a variety of housing types and to provide a greater opportunity for residential development are two goals of the City which are identified in the draft Comprehensive Plan. This rezoning proposal can help meet these goals. FINDINGS: Section 11 . 04 , Subd. 7 of the City Code states that amendments changing the boundaries or regulations of any existing district shall not be issued indiscriminately, but shall be based on findings or criteria including, but not limited, the criteria listed below: Criteria #1 The original zoning ordinance was in error. Finding #1 The zoning ordinance has not been found to be in error. Criteria #2 Significant changes in community goals and policies have taken place. Finding #2 The goals and policies for the R-2, R-3, and R-4 Zoning Districts within the City of Shakopee have not changed. Criteria #3 Significant changes in City-wide or neighborhood development patterns have occurred. Finding #3 Significant changes in development patterns have occurred due to the changes in the transportation system. The railroad line no longer bisects this area of the City and Marschall Road has become a major street since the original residential zoning was put in place. Fourth Avenue now serves as a collector street. Dakota Street is currently an overlength cul-de-sac street (900 feet-existing, 500 feet-maximum) . The street should be connected to the portion of Dakota Street to the south to improve neighborhood circulation and emergency access. Criteria #4 The amendment is necessary to implement the Comprehensive Plan's growth management program. Finding #4 The rezoning of the assembled properties from R-4 and R-2 to R-3 would result in implementation of several of the goals and policies established in the Housing, Land Use and Transportation elements of the Comprehensive Plan. ALTERNATIVES: 1. Rezone the subject site from R-4 (Multi-family Residential) and R-2 (Urban Residential) to R-3 (Mid-Density Residential) , except for the northwest portion of the site, west of a line drawn south of the western boundary of Macey 2nd Addition. This area should remain R-2 (Urban Residential) , to provide a more even zoning district. 2 . Rezone the entire subject site from R-4 (Multi-family Residential) and R-2 (Urban Residential) to R-3 (Mid-Density Residential) . 3 . Do not rezone the subject site from R-4 (Multi-family Residential) and R-2 (Urban Residential) , to R-3 (Mid-Density Residential) . Leave the zoning as it currently exists. 4. Table the decision until after a recommendation on the proposed vacation and preliminary PUD have been made for the proposal by the Planning Commission. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends Alternative #1. (See Exhibit I. ) Allowing the triangular shaped section in the northwest portion of the subject site to remain zoned R-2 (Urban Residential) will provide a more even zoning line for the zoning district. The rezoning of this property will encourage the development of the vacant undeveloped properties along the railroad line. A greater variety of housing types could be provided to the residents of Shakopee if the property were rezoned as the Planning Commission has recommended. ACTION REQUESTED: Offer Ordinance No. 341, An Ordinance Amending the Zoning Map to Rezone an 8 .75 acre site from R-4 (Multi-family Residential) and R- 2 (Urban Residential) to R-3 (Mid-Density Residential) . EXHIBIT A ,;, .---;;;;-4 OS - - . . ‘\1‘. a.....1 1.....4.."''' \ 1 \ . § -.-g- ,. __ . ._ ‘. k.i, 0 ‘.\ •filliiii til y t 1 ' .... 1%.1, .1 \' - ' g g: , .. ., .• ai , • ma 3 • • I 1 • - ,rB2 H .,.. = o • _ . gq .� i i '• \ k ■- / r•,w.c,ru� ,nZ 2 i t717717-11-7 t •� 1 :raw ! i �a�l :CI ` aI WIWwc \ 1 D ww l—l—1 w, Tf - i :1 1 ; I 1 t� ! ► L L cKw --- Lit,,,,,. • 1.+ , . A,MDd 1 UZI k � .. �p. / i • i • t\.1 SUBJECT SITE ' ' ";- •i i i/fi/� ` ', 1 % %\.101 --i ,O1 0 a . . .. .. . . i-----=-=-- Ai i t t; ,. 7-----A 1 `-..-•1 , y e ' i i•i rIr f, 1�, : I71 1 _ \ I •_ IA T.L.F--z): , i I-- t_" •r rC.wsoN I i i •�-1 T' -"-C t- t ! •- c�wicM I I � �' __J • iAG AGRICULTURE �—I t - H. •- R 1 RURAL RESIDENTIAL '~ '� 2 - "` R2 URBAN RESIDENTIAL -,y I , _. R3 MID-DENSITY RES. �` ST I r~ 'y' R4 MULTI FAMILY RES. � � ��DD" �"�-.z; 1— B 1 HIGHWAY BUSINESS - gm ;'"E B2 COMMUNITY BUSINESS ____. = B3 CENTRAL BUSINESS - \�\ I1 LIGHT INDUSTRIAL �0 � -- =- 12 HEAVY INDUSTRIAL S SHORELAND R'"r ' ‘`��-' FLOODPLAIN DISTRICT -•-- MANDATORY PUD • i ii t RTD RACETRACK DISTRICT _ - - 1' Zoning Map City of SHAKOPEE A 11.111 _iii_ii IR it it it77. it ____ _ . ...._______._ ,_, c /� :7) �� / / ".1c\ 1 0 > C ,' 4 / Ij � ,,\\ \ o I I - II i/���1 1 ;� E l1 E \� 11 1 `i a /I \� i L \ CO p \ 1 1 �I � 11 1 ,° \ , \ rig I a II ll (S7j7 „ 11Ix1 A ON 1 . 11 II Yir Z..� 1 1 a 0 / ,� 1 ( {��----1 —' ;jar II j m °n • // 1 1 - Ill ° II —, II �ir �—_-7 II \ E 2 t„ t E 1 6 \ I 1 1 =I1 r� II 411 l�/, a r o JL_ ca _ N1 1 I�� L �r >o ----, -) -1 • ►� r �` k` \ \ llL3 0 /C II s II a) i \\ 1 f\--)\—rm i •L , ii• 1 6 r...r... ..4.7---tr-sr,r)r•—•••••\ .0,,,,-rmear.. . \\ "\\L---°.' 1;=7:---� 11 Lv1it j �� I,� \ 11\1 , 1 11 11 Iii r Ali p 1 x. 11 \1 �1 irr '� i 1 pi-o �W111111 /i I� J m r_ \ 111 1 \\Ju j r ��\...-----1 — 0 c 1 1r I s Y a d W 1 E \ \ '1\......k - \\ I a \� �, H a o I �1 tti 1(J .,... l ��� I u U U u .„...........-31 X114\_` g�r eu 11 E \\ I I < \ 1',10e)1 't_il j l \\ —J ( \VTf___----, Is i5 311.\ 1r -II �I I 1 111.. I —1 1 ) 1 � � r I / o >�►,1 -sly., ��I �€ I���_) i a 2 m c I 1 I 1►1 $`11,. I E = I I m In-- o ro rL/ °i 6 ►= I \ `11 rg.� I II " II IV E c 3 a, \ \ \ _ r \ ill � a I.� 1 1I II i 0IJ O IJ \\\\� \a��11 II 3 \ \�'1` c 7—�\ 2, c: = s V \\ � c c U iO \�__\ �\-/ - m > nnnn \, �r\ e lJ U U U J. C /'1 v e t • Cg i • ""-+ 1 o Col g 47 W /. .. k - O. D u _. I _ i 0 _ -t is s • ic � � i= 11 t1 . - 000 11006010 1 µ,,ms I �J .777 I . I .� I--- 0.4 .. �' ,-_ fir lit 17�I iYMit 1�1s i �. 0-1 N. .. 1 . 1' C. -4._____ - 1 1. .., 1- I " 1 it 1I I • I - - 1-- I a_,AIWA=WRIT �- ._ - 1t I 1 _ 4\ . __1-- -- �, Tc Z ct 2 U __ I I 1 r I 1-) tv C .+.J z3 a) I O C � -.a waI 4.4 1-) w C) C a) as 4.) .0 u •O _ 3 0 N al Z o E 0 w a) to 1•) eh 1.) N C a) r-i ••••-1 . a) 0 0 U) I 1 1.1 w a tD •V fa "4 IU W to .-t C) C a O >, a) a CO w tr 0 r•1 0CV O < U) E-4 S-t 0 O Gz. a ea C N 3.t-.-4 • $.+ a) •.i . • 4 a) a) 1.) 1.4 U) Q a) 1-) 0 31 13 C E > '0 .�... .- a) U MS $.44.3 0 0. y 4) a+ Q� .>t .i V C Z4 I S..,•.i a) 0 to 0 0 3a 3.t Sa LL > C3 'e.' • - C -•-4 = w >, C - 0 aaa < IQ • 0 • LOG:a = .U . -0 '0 4.) .. • 1.) w ..a tri P ( a) vv • C to 1.' a • a) w M C - C) .13 3a • • • a) II+I•) 4) to 4) C) >, 0 a 'O111 3.1 ri a) to 44 O 0 0 a) > C to $4 O > 0 N 3.1 C O 03 ••IL1 a0 > > > 4 -r♦ >, 03.1w4m •-t V) E-+ ato w s) CO 0 4.) 0 .0 .0 4 •-1 a) to U a) a) $4 U) >, •.-t w a s a) ..^. 34 01 E C •-1 CO I I ,- C a 1) 34 3.1 a) r{ 0C3 . .0 1) a) •-1 a a) .-( C . )- .c C U I� 'O CD 4) d U) a 0r) � toO� > > 4u) GC"t •N•1C) r) LO') E < U) a C Sa 4) C C) -•I 0 .0 to .-I C A � � � . >a . ^ a ary 0C >1 > C • C34•.a S4 1-) .--t •-i • . a) 1.) O a) 'ts a a) a) • L^ '0 E 0 aw Z N M .0J :� O E N tr -� C .X > S.: Ilk p: a U W U .-I 4-) a) >, 0•rI - S.t C >, d••i II. C U •-i • • a) 14 •z tz 4.) c .i.' .W 1.) ••i (1) ri ra 4.) a) $4 C 0 to L.,-•i C N N II, a co co > U .0 N •o if) < Uri • O 1-i-•i -•i U) N •r{ ,^� fa •1 •-i V' ••i a U) • r{ 3a ^` a) a) 3.1 3i U U) a) a) co w E N Ch W r-I II a) J-) III 3-1 O Q) m .� ri 4.) ri "' `" I I w -.i a) r-t -•i a) . 34 1 >, C .0 W a 4.) O+ C < 4 a C U r•1 1.) a U C • .1..) to -.i 3a a 't3 O a a C to co O % 14 -.i U Z • 4.) C E 0 � �( Z4Z4• -i » 000U CD r) E- Z < i 4 4-) a)-•i a 'C a) 3a .7 •.Z C 1- .. 0 W a a U) °' 4. >, C i •a 3N0t4 rima Z • a� � U C) N30.1CU) EC) � E- EU H S.. a) 1.' O .0 -•i 4. C to al 0) a) O a ri to-•i a) C 3 >+ .0 > 4 >4 .0 1.) a) C a) 0 to Id 0-.-I tT• i M $4 a 34 C) NoZ' ••i 0 O GLw 0,E. 00 .1.) a) a) Z Ts ••i 0 a w-,-1 to .II 3a '0 0 0 i0 v U .-I Z E 4.1 II, C H E ••i al rt to .•.I co to W • > -'4 .-i a) a) a Er I I I.I q) co I a) '+•+ E N Et 0 a) . U) a > )•I IC m a3 r{ ri -•-t (••-t a) DO a) a) U U) U it •-1 U +) y) O S.I a C U >+ Ga 0 3.t it 0 . a a H C $a,C C N > E-0 a £ -•I 0 to . o aria ch u W H4E� E4 tZ4 :J .v S.t U to 7 M Z a 0 2s CL a 1.4 to •• C I'S 14 CO .- (-I U) •-� a E C a) iC C9 4 a C a to a) -114.) C) •• C) 1.) r-t ..• r E 'C -•-+ 0 .G2 •• 0) 3 to 4.) a) -•i to a) • a) t) 0 0 al w -.i Z 1J0 t > 0 '-I a) a) a) 0 r. 0 I 4o 0 II.•--I O. 1.1 0. 0 -•i 1. C C >41Q )40 >4 . >, U IC 4.$ >, C) I Er O m G.1.' U 1.) E 4 1•J al a -U 3 u 1-1 •. a 14 I -.. a N O 4)-0-1 >, 0 >, C) E H 04.1 its I a U u ' 3 -•-I 0 w 14 a z .`°c n. o -- 0 0 0)) E•t w O to C C C to a E-• . 0 • m 0 C ai C o .0 3-t 'O '0 i 0 0 �-4 U4 m CV - .4( 13 ETW0 0 0 . a 0 ..a .-I a) a) w 31 -►'1 C) 31 a a v CO > ZZ m m a) a) EA tO --a Z --1 a) t:!' 0 .a,--I m m 31 34 ..) -•-i a) > 0 0 a) .4.) .1.1 c la 0) a) o o c c o 0 c s.4 ZO Z CID RIt•-tCid as en en _ = CS > 1 0 0 m O o 1 17.1 O a) d 'Z3 'O m O N 0 -.( U RI a 0 0 rl 0 0 --4 0) Til E C) 3+ m 0 0 z3 .O W .0 m -4-1 .- O m a 31 " CWO stn .L U a) CI) t:-+ c C rl O m 3-i a+ N •W m--t 'L3 0••-t CO a \ O -.-I••-I IN 0) 31 -•-1 1 to U Z --4 c W .0 m rt c� C � m m 31 1414« I -t m ^ 16 \ • 0 I 0 tr) m 0) W 1 0 .r- 0 4•) 0 a+ 0r0) 0 •c� v 0) a) ---i a) .i.) C 34-•-t 0 al 4.1O o I I 3-1s 31 C C C -.•I 31 0 U a) .1.) -•-1 .1)-•-i .O O to O c.. 0 O H 0 *i 3 4 U Rt Z CA CA RS Z rl to n eh Cn ?- A > IV) AI m m m 0 0 —4 al 'D rl a m •-1 mo O m :.) a) to O C tC a) 0 O >, U E--t a >, 0 •-t E U - - t a) .i 31 C i� ^3-4 --'t U N 0 Int •-( C a) a)--1-41 0 4-' 0 C 4 ,--1 ,-.1 0 C.) C) r s.) .tJ 4) U N04.)--1 .0 0) rt O C 31 r —I a) Z 0) I I 'O N -•-+ 01-1 4 0 C rl m N y ).1 --1 . •.-t E Sa U-.-I Its 3.4 \ • O 0 O tr) 0 m OA I a) . 0 .c c 0) rt a) > o O v 0) a) --t a) :-) 17 � V >s y •-•1 --1 0 o I c 0) C) ..-1 = —4 it a--4 _ .0 ..t .. .. to to 0 0 c W 3 O 1-4 3-.-i et 3 to H Ia Z a6 tr) '-1 m to Z Z 0 O i1 w to O O -Ts 31 0) C m 0 0 0) C 0) > 0 a) O O R) >, c as 0 0) < tr) 4.) .4.) •-I V 0) 4 --I N -i R) U >- 4. 'O ZII 1 1 --( ow a) -4W w 4.) + ...1 O O t!) o -.-t a) •..i c0 c-•-1 1 rt U 0 0 to 0) CO a) 0) .t..) J, )-t 4- C 4., E R) .0 1 C C C C ---I a) : c 0 0 C •-4 a-) II. N - to to O 0 0 O • C H > E U Cs] 14 CS CO --I if) en tf1 Z Z Z Z .1.) •rl E —( �. a it E. .4 .. a) i% 4 .. •. C) - .. .. •• •• .. .. 0 >, II. C '- .-4n) C ri C ri •• c r't as 4.) >,--1 CD R II. RS r R) Rf m RS I6 06 --4 C-+ U >.Q 31 to .0 1.1 •• .0 31 X .Cl Sa --t U) a Rs .4..) 1 t a 31 a 13+ s1 a - $1 a M C m C. —t Z.:.; 0 Z C C 3 = C U .--I -.-1 m EnU a) , a, ca .0 0) r 1-) . 0) >,,•31 '0 0 0 '•- to 0 r3 -^i E.' r., 0-4 U •C R) 0 O4 O4 to U)H = ,--- E ....... c *1 ,,,,--- ----..; . f----77..,....,' ".... il cz -, .,- • ,-.. ). xl., . • • E ; • ii .-,-------:I,. I ; - c . 1 : \•.,..,',...0.1.7r 1077_ E, ...... 9 .. ...1.-.1-5-----.... -• ... . . 0 5 3 . ... us / ! . .-.I 1 I .• g7:----, f- ... . • w---- Ai . i .....If ,,..: .: , -.....,-.........4 "... . >.% a) c -a• -4fr •&;:t 1 a I si •,: ....J. '} i. i • g 41 g 2.-- I . ir• - . ! E. zi5 oil i , ___ a.) . g- ---.-- s_ m ..... . 0 / . z ...s— 1 . .....„) .....,. _ ..... ,..., I• P.• gall I 0 / !ez ..• ,.. z 4.:, co I ______...L....n-- • • co du • • • a 1 .. i _ ....." 7 / • -.0 2- — . • .. - / 1 • 1 – *E cm as an= 0 db. .X ..M •.. '. . 0 . / ••• Um Cr) / k ___-,: ---..3 . g ag•\-;T:---- Le c • . ..._..,....._ . ii.1 ,7 i •-•::'i.,.-1/ ./2 q• . o.'.4- j .,;gf - f. • ..- g.. A i 1 8.•'' Is . :— JI . a' / ON E.- :., ,..• '7 IT! Ar-,.; li .. A .."! , 4.? ' - i ' - • . .....- \'• -:1 :i E.. - - .e-: _2 ... .,." _ • a. 4. .• • 4 t; .1 .14' . \ 14••---._L:._____ , . / 4 3 ... • -r4 2 - . N14-1 74'.\'`—'11-' ' •..'''.. ° .. .. # : .. . 11•( se , .7; -..a•-• . 4.-4". • .c- it : & tiriik..?' -t'• l•- cm cr gl I. •o. ....,ill 0- , is .:,:,•-.. :--.. ..-'. ! d ir A17., A-- . • - 8 LI .0 •IL C\ PM* •- VI. . i ../....ick. i . • * -- ..rr ze. de,„-• ---7:-.. I I = s`........ l'' • --. .. I i ! -• e-" Zee: li../.4r4 - 3 7 m 111 i ,, lc - - - - 9r#-""• .1/3 / •.,..., . 17.7_ . . .4[0. •- II. I 1 . . ./fr'-' i`i.iz •/ ... -0 . - -... s.:. . . go .'• tr---.. .E _ / ,//.. //` '• - , Irs-1- • _...... ,,.....•: .. -,,, a ,-....01 ,.......____ - 4-$11. .....—.7.--,.. .:-i-:-4..:, .i I 0. mit...ff• III CI, I ftv.....6.. .:! *N1, .. ' *1....••••••••• . Vii-i--0-;—_,. 1 ,f'. ;,,,.. . '..-7-' .\ 8 it . : . m it• ....--:..:. . .. e -. -, \ • 1 11%=.....--.. ;,.,.`0%,„ ... ,.., . .... ---i ::-,--0.,:-...._ _. ,,, • / .1. ! . ,-..-. a ‘.... ).. • , ......N iautzusPull-- \. - \ _ ,. - -• - <-• r • ,z s. ‘.. 1 z ' ' - ... • .•:'N,.. 1 3 It ..1...." . . . • _ g I. • •• -! .0 I! I -. . . . - . I . ..• 0 CNI - e• C I •:3 3. Ail, .111. ,lc-i 4:-: S • . . • 0' .-. - Za' > ••:-.•.. s•... ,:-..: et ta E ' --:•. •• .-. .- ... 1.1 as- • e'.; •Is. "..< - ' -- •• -s — . • •= ea ae Ira c • • 73 ... :: • '•-,;-a,..-* ..;z; z:'.. _ c - E ••• -.f \''..\ 4••••••• • '. 1 . 15 ' x c'13 11 ▪ 3 c ; --- ..a:—--''-7---\—: - . •. . • .. • re 0 = 0 3 cn It Cn \ '''s•Ik/I., 'ss,N -: -L.:- 1--I --I: :iii -- ... ' - •.---- 'f‘‘ -7----.NN, 2.-:... . 4, .... 0 ... a •%,:...... 0) " e. - \ • '''':::!•••• 1 - - 0 • 4 ••• 0 - d.1 --. =-4-7" • - " ;• . •• • _-'• •••..:._.--,__.___________:-5. _... e.e .-' ,... cn )•• 0 _9. .-; . . .i. • 1.6. ,... .. Z • .03 0 .: . ,..--- .S.•/ • / ... - "E l'. •E := us a .....az.... 1.. ,;i/ - 4:: -.---• .---., 0 Li 0 IA- - • OI ., - '•' -.:i n r 1 I ••la —N.'/1-- -------*--- — 1-1 LI i ii......- lir r•---t/ lir--... r —r r____—. e....-- ,, ... I • T 'I\ rj ;gii ow 17' `. D�i r E arc »--^'--"'•/ - U CO • / r : / r O L / • < / / o • -- �� R1 "61:6 u -.. a r.. . ft" 4' 'c W LLL CA v - .I air • W .• �,,.s > ... • : . PT...1'E I . 11 • - . c - - - - J• MG 1 L �� - _-� _ ; -YW — � • H _ W -=--- -g< -- u •< • .- ' _.. __ 1 _. I li. : i ce ` - : - _ • . = Ti t • •G - • _ W5gs C h : ., I.6 if i IA .77:1 C. W >.6rIL7.17ait ►...... N. Z • i.r� . . ir 1 \ I iw. . 2 .g Q5 = O 6 15 ir. I SI l.• y vv w.-.MI£U0 NIG. O C O G _ • tL I - V r J , iI , ! J 1 .) 1 _ _ 1 1 EXHIBIT H • - :O -¢ PROPOSED REZONING ;t; As Requested ` { J' by Applicant y -- y 4yy 2 s Z• Wial , - - ...--:-1,;(tr ..�aptx t _ -. _ :1•;.t••r aloe.},i !a�- .� . °• „,;00.7_,_;.:.t....- - Y„ _ Y` • � u-•-^�'' �� r!�^i >,�.yt.- r+ :.rte-• - •o_" t.„.-a- ��r�', , +, • t%✓"-moi N.a ^ �•�•"'' e'� ......-. _ rJ ,�.���-- •a.r•^ ,rte• '; •. t om.. ✓-_-_ - 4 • • --.".' ,r--"• i' t ' S""; ; _ _ •: . . •r3,'' -Y •+'•`✓_.- — - -. ��- . t .,i tom•,�; - l• J y_ a;, • _••••••""......... - • y..: `....0 t • i T- • t i 1,.......1•••••••• rr,. ')" c • ��-•'•..•--� ;:"--•••••_.... :14 't :! ,�• :-ter• -_', .- i --1. . .,= �- -'_. __-�_. _ ti_ ...__--. ^1-....---__ ,•••••--r",--", i Wit... t :rf.r+ ___.� :._ ^ i -�- ----. • k-^ _ fr . -- _•. i1-, -cam.-.. --- _- _• .,-..--- i 77-7'7- - _ t _ t T<r�i 1-..7----...• ;--;-- --, '£. --•-• f • :"`: R.I� 1 --•"' ' i__$s-,� ',.-...r� `"r .-- - rat - t. :L�L 1 • Aye-: �,�-�- �,�� - ; • �, k F-" 1 ...•....-� �r ; _ -' :�, 1..,t." ; , er.r \ _ . . 3641 .1 • _`rte F,.� c �-�, ,- • • tb •S\ � -1• w ,....-: �! •, ,w. .. i m1} ' i ,.Fi t l - - R-3 Y • i 1rti'-c i 5 t -' `r.— •-`rpt t,,' . �.r: , } -� _ -1 it ' syr ti • —.-^-'^' .�, �.•, • • t i--..-.;---• s i • • • i .6i+ - �. .. _-• -..� `ate• .^'-•-- ' .---, sem!; .4 i,�- !- -`•-�• _ ..._-- _.-- _ y.. { 1 -?-._-a , .- y{• 1 1 f---, , _`: .. _ . �i -- .. ! _--; is 1 a Ls . , A C,i . i 1 • -•\`1C•,. - .. 7, a - ,.F a• -.-. - _-. _ A s _ ,3' • ..ter ...W-r.- �^.'yF-__ _ r _---..-. ,. - • t Q .. •; - -- AG 1 / ; , / ' -, Rt -•i 12 HEAVY INDUSTRIAL I i - 1 S S 'IRELAND FLOODPLAIN DISTRICT EXHIBIT I _.. MANDATORY PUD • RTD RACETRACK DISTRICT - PROPOSED REZONING '°'¢'"'" ' As Recommended . by Planning Commission i w rr� a •• • yam• y::t �, i t" '� - 2'' ..t �+ .; ? •1.,. ens , • • • t�-';" = 2 _ • - - 143 _.._ 7 . - • • '"..,.,okm ,,• ~ •0.:4. j • > —1 . „syd' fir" , `" FOL..;ow _ —_, s. yet--{ 5 . 1.; .-1� ' - Y� "' —' 'i.=fit- a ;; 'is - ,=- _ _ = 1\-4 s - I rf 11.'"•-•-• • -.0 r.- '. 7.'.'1 ,:7 . ',Lt.—, - .......„ .---• -. ,_ , . ..• . .„0, /..,.k.,... . . . . _..... .. . .. _. . -• - - • .. -3 •- --- ..-- R 2 -„.- •••-'• v . . -.- • : • h • __4:__ ..___ —_ . .. —.....f..-t."--- •--..._: • -_`--_ _---. -. - -- T /\ \//\ .-•.• • i'll.,..e,"-.:'•f'-,....t...',,-.•:::i•;),•‘,. ...f•- . ' ' '-..-. i .‘,.......,4: F:, e ,, ...,i,-,Air,,,.+45 .r-.ik't,i,i 41,...;,11, 41"f.t,.,:i:1:; ii.. f % ... • • . • ',!':."•••-•'•• i- • a) ' '' .,.?'...,0 i.I.-.1),‘ro,-1„?..5-p•-•:•,••,.t ., i . ,7 • .. ... . , ,, • rJ 41,.... ,44p c) i 4 ,..w ,1;.1,, 4'. ': 'N'I''.tc• ••.. • • . .. .= ai ' ''''. E'mf - ' (• •• .14,t, A1/470 Zit- • 01.11. r.' f . : ANS - .... .• '',Ili 0.4 •..,':'t:.1,t, ',I A,i‘rt, a:1r A ,••• • A 1,.;•...,it 1/:t•'''.''.. . ' ! . • . . • • :• Ai mAli 8 k .q ,,...1',•,,,,1,...i.fk. .,, -A y..4. 4•, • ?; 1 .'4'rY,i p.c../' 'WOW' \ u ' u :.•44- ;g1•1:".. '''., y.,. cl`•41,5 #' . vtj• .A,'A....,...--At.-”9... ,.0, .: . .. • • - . • 1 '. (..: ..' • •'. I'. • ' 4,144''"1440P(IP i-A-- r''''.::•7'... • , •:. . . , . ..- 411111,WAI - cz Q) § 0) Ck, -....--.... --- ,-.--r------ - - .- - ---- . - ag et_ a ..K.,,.1'.•,,)..70.9,,,r),.--n.s.......v.;. 1.:',•.'::“.. ..•,...-;i•••...• -;.-.... .' ' . idip,„, . .,si3O i."4 • ,-' ''' - '-' ' -.•... \ ;1410.4 P.:(/--;'i-9,1-,04...,.,Nt 1-- •. - • -..- -• • • • • ' % q Aloir .. :.,,,....„.,..„.„,:,,,:..„„,,, 3,.3,...,„ .::" •.•. • vi .. ,., . i iLr;•,10.•t;,,,r 4, •••, -g. t. 4;••. . . - • : • . Allni ' (3 4 :, •.., _1 (/) E 1.i..1 q,1,:t;c. -5,:i..Vii,3 ?4,,04,. i . " . •• 12,ftrii. 11::•- . • • . ' .. .. . • .....11.1,4,i.i,koh...t,,t,i.', •:4`.! ..•1: t. • .- • ' .•••••:- • . • ?ib AIIIII,, • ?,„••,,;.,, 4,..,„.,.A,•:.,, !. 4..„2„ , • •. •. i,• . .. ••.,,,,.,,...,:,...„-,,,,,A,,,,,...,4, .,,, ,•• • .•• .. , . ,:. • . •.. , ;..,..T. ,,,...,.„ft,,ti,,iip, ,- • ...- . -•: • . ,2,4,„,...,,,T.,,,„•,).,. .ar„,:i..„, •:,.... ‘..- •: . -..- , • .- .. • i ...:: .:.. • ANN . .;:,..../...;?.,1,e-tkiwklvil - ... :-..,.. ... . .. . . ..,. .... . , , . ....... . ., ..., ,.....,...,:, I 1 I 1 I I I il 1 • • - .•:.. ...• • .: .- . ,ft..... ....... ....... (...:(::.e..1. - .a. :_..„...... ' 1 !r! ipr 1 .e:i., SIM • • ,J,c-3,,,,,;, ,... ;*ski••", II.,.• , • . • ••'• " . ‘.:'..1.f' ,'' :: , ..: .:S.••.'. :I. .,• , :.:. i. .. • ' Iva . '•:,'..;°%•71 , • , in •••••'.,• ., - ' NNI rc a-itli : .-..,. ,.11 i....-.1 .;. ... t..... . ...-r-piff ........• .,,:',:',7.-,:i. ,4••••• ...4.....1... ........:•-.. .. ; .. . : 111 ;...:::': " .i • ' rT....:-----:: 7 [ ‘• 16.60FMirt ... • ' ..- I 'ill li J t '''• 11 WI' :7-7.. • 4411111[UIi111 , ..‘. — ,.' ; ; . pp ,,-. • -I Anil 1......„:.:::::....1.. .,.., 7:0„.. ,. . , ,pj 2 5. - .•) 41 4 A al •lr......ag." • • . \,........ ‘ ..:ski Mr' , •-7--..-wf .. .! - .l • '• • ' ro ) •.', ...-- •. r, . 0 ... .. , 1 •. Ali, ,•• . .. ... ....___.,. ...... .,- • • in Pt illiii" 00 ..... RS ...... rviec,14 ...'7.1.. , . • :/ . . l'.. .,. i ' . . • . . .... . .„ o0- : 1.....raft. (s.'1' .'•' .•' •l OI 2 ° ../.1110 in lowirmanim .. f: • • i p, 1.• • ....:... :. ,, gt, . . . • - .v,,,,,v..4. s 0 ,..,..„,..,,,,,::,,-,„...._.:,.,. .. ...,.. . • • , i 4 gliLia at , . ... . ,, ..„,.., . ..,,. . ,....„ "'"•••"•-•••••••.: '''' ' .- ' • . i III' VA T1-41 WS' so/11 •••;filitt' 0 III so yid" iggri, Ng tz/.. ; -,,„.-:• ,•.:,. • ;. :. ., . li ATEA ' '.".4..1;: '...... .''...':".. .:...'•..'.. I Attk, 1.1. ...... • ' . 4°7 41111111n MIMI .:.. '.(e.li:•..'.....1 • ail let "....n..;•PWO ti...:.;.'it.:i:!::::':.::.1 15111.Millial W1EX.:. 1..31 Vail° III.-7Il "7 . - . . ...: - VO All all.16... AS311 Pg1.71.! ;.t.:... •::* l*•....::! I 4 ---;il'il „,,,,,:!...,. r..• ' '- ' "----••'•' - I/ ilja t Otilre:g MO rri ..• •••• •• • ' '' a)ril°I 'RI g d 0 ca 7, •a, cc ins so t,111.11 1 ,0004.0. . A __,_ 4 I imo mallia.6%. 11 LA :211 Li •,. ...., -;,....1 i ; 2 ,-• 2. t[-------r— t,... ,_ w WO 0111, tys414,3 ! 4000, ill _ SW -...111111 01,111101 VA gig ! ,•ii. . ea e, Ng h= Farr.. Willejet, -74C.'.* , iiiii11861 iinille '" Fri)Fl CrA ..I.2 mil 'Illill 6.11 1111111111 .i -- ME I iti,‘, 10 Mil • miew"‘..--vt 01111;1111Li titb,. .. ,i,-.11,,, ,...,,, ,iiw „..47,,Iir.o. _ ops I • 01 t,...,1. -et g mai 'WI . W 1 ill IN ,. , ___, , _ . ._ ..., 11 w MI a ii 1 ri •..._-.10 6 „„0 , rAL-1, Trairei Is,'',,1 4, ..111 I Nue vs _J1 - ' 4-rif..4 i., la :. 414.44 ' 1011IT si;I I I I 11. ., , — .1Salli Wil„ vor'lli t r7.*-3 MOO E ,.- ••7 E I- vi Ilk)•'., 05•14.4. SWIS 041 i' - ,- '' EM eu -- I . • . _ , fil trial'', , '-. ts'4,:itigt 00101 Vi al-1 I ' L'') MI WO , ...'._ a, CI / >.• 1174:1\rvi ii) •-• i 2 ...L A c/A. Isra so a _ aa • . —= ____ . ...i , .1-s +4'vw J .. It , Viibi\t-Aii,.. skit% ir lir MN 111111•11111 -.- 1 , ., - — .,... E Wr8-1 0 g .,.. -,,60 0111,01 ION NM= ...---1-' -------T .,:,...„.,,,,,,As ..,„„,witi a •• mom . 4 .. toRlal, .AV. Will,e4011 UM . I IL MP al :`.4..i.fg.'!•'j*::;`.J1111111 0\,\ 'olitce If WWI WWI ill"' alg: liiiill r';',:i.:::..1;,7•••?7,;‘,.% .N•z.,.';',,11.,' el '04 00 11111 itemiatilleim IMO 11.11 .. • . ..0 aaA,--1 on . .1 1011414 00 • 0111010 MINI f -MB ' -. ••'I.' ;;it'''. j,:17)!<;5•,,,:q..-f....kli ' In* ', TX iOl rite hi 1101' vis - ' II wig. - - . grik wii . . - :- ,:,..., sr,.. so `11:$•„? s' -.. • 1 4/10 , "L".- :!, ..,..at 1:1,4 i i. 01 ' A94'. 1‘.'.' OP 1.•- IIMM, 1 . liii idai ..:..: . ' '.•,r-tr- ge,„„rm live • oast . = ..., .-:....;,...,. • ,3,:: t Rplix.... • pd.. woo.. I._ ...,. , • OM .-,.., • MO e. -=/ '''':,-itiPl.:....i.0 . tp 74 1 IrSar•:vita ell veal..^,-; Int"' /lig 1 agais 00— OS OW O. l•-•-•--n.,'..:!): • "ri,,, 3.. • 0,...,0 t. r waivel 1. ip.,-::-.....!..'•:!.:P.,.....::;;;:.,, 1,,A, . laist I"' , ,v , •: •,,,,3 ..,., oar- S,Pia il . .0. gal OS %lila M- -11 1V-17...;•1::.1:.: s • . .. te, ba.,• •,,,.......A .vc,%., A .., , . •, o.r. . '' ::(••-• 1"" 1r11.1iVillialli gi• t Oil WTI I 11...\.11° ' C'11 4 .....• :. I 1,...'..,'.: • ,.;'.4,4; WA 6110 en' 4 • , 1r,,...!.:'LI:.:. ..:;::.::cll.;::.:1; n ‘1'.'4 tia - Of '-1 '111 ..0 11131 • ' :;.i.-....:..''."7-..... -1. W . 1,?!,C•.A,U0 •;.',NAV!!is •Ile, . 6" till -,44 • fist ON •••• • .., ..e.,i7 ..4.,?,:411;',.3,irvbi•..:Woi•a d , k at 0 .."fr'.', % ' Will Nil Bilihr t:',' :, ,•:...,:::•'1,:'..i.t;' i,.,•_•.L • 7.01 l•NI 1,1 ,iii, ,i.t1 .4., . • ..J,, .g.,..Nos egi, '''.ir.:.i t .4 1101.° Wil ..... , ; • ir ‘•1 111111:'•4:Plii ar War'J14-'‘gili 0111\li• ,:11110MU . . , .,,ot s.,te.,„- %.11 ig! Oguit.,.,•15.-• legill..... IS .;• 11111 MOM 11111 1•':....."' .3. . To gii ..... .....; • t 77.7 . i..y,v,•?,,-;•.- ,,,ri w .-1 • st 11111 me.ars sok .; V ' '(1' '' .'•111''':,..iiiii-:,v- i'.isvia•,,4 al At ' illi 0 Will • ...... on t_i_ iiiN go wig. 111R , r ••Irli •KZ'. ••••,':• VA`k:'1:0 at•.•'efligOn 0031 -. ..4011..0• 31060 IMMO! • WI 0111.00 1111100 IIIN - 1 1 I' OS 1011 * IA" 149.•• ' 111116L:i A um% . :I-:•74-1 -- ..• ,,a - Will WW1,. ---- ill le A. . i i 'iti...- 11°6 r:0121\ it II °PM w . ,T, 1 so....151 ,tk.,1 cots sr t, c.A. • . .vb _ so so 0 ' •• tri — -.'„____Tr 1 I WI wig 1.■•• V , . , ,/ I OS i. • 52,. I - 0g• lilA WO 0111 i' \ . • .0 1:. r•--1, _x 0' MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: 2nd Avenue, Project No. 1991-3 DATE: November 12, 1992 INTRODUCTION: Attached is Resolution No. 3703 , which adopts the special assessments for the 2nd Avenue Project. BACKGROUND: On November 10, 1992 , the City Council held a public hearing to consider the special assessments for the 2nd Avenue Project. The Council tabled Resolution No. 3703 , in order to research and possibly adjust several assessments. The following summarizes those assessments that staff was directed to review. Whole Energy & Hardware (PID 27-001846-0) Upon further review, staff has determined that this property should receive a sewer assessment of 2 1/2 lots rather than 5 lots. The basis for this adjustment is that approximately 1/2 of this property can be served by the new sewer installation, while the remainder of the property would need new additional sewers installed if the property were ever redeveloped. The credit issued to this parcel is $6, 992 . 67, which will be paid for by the Sanitary Sewer Fund. Curtis Johnson (PID 27-004149-1) and Dan Gerold (PID 27-004166-0) Because of the forcemain constructed to these properties, staff was directed to look into the cost of installing injector pumps in order to provide some type of credits to these parcels. In researching the costs of these pumps, staff has found that these pumps will cost around $900 - $1, 000. There may also be some additional costs associated with the installation such as electrical, basement repair, etc. , depending on the final design and location of the pumps. Based on this analysis, staff recommends a 50% credit to the sanitary sewer main line assessment for these 2 properties or a $1, 398 . 54 credit for each property. These costs will be funded by the Sanitary Sewer Fund. Cletus & Helen Link (PID 27-004012-0) This property is the Canterbury Car Wash. Because there was existing curb and gutter along the east side of Main Street and this curb and gutter was not removed but rather was left in place, since this property should receive a curb and gutter credit of $786. 54 . This cost will be part of the overall City wide cost. Shakopee Marine - Lots 4 and 5 of Block 15 (PID 27-004100-1) The property owner of this parcel claims that the property is unbuildable based on its zoning and setback requirements. The City Planner has researched this and has indicated that the lot is buildable, in his opinion. The front and side yard setbacks are 30 feet and the rear yard set back is 20 feet, leaving a building footprint area of 30 feet by 60 feet or 1800 square feet. The zoning is B-1 (please refer to the attached map) . Parking is allowed within the setback areas also. Therefore, staff is recommending that this assessment remain as originally proposed. Additional Credits In addition to the credits requested by City Council, staff has determined that several other properties should receive a possible assessment credit, as follows: Darlene Davies (PID 27-040099-0) This parcel consists of Lots 2 and 3 of Block 15 and therefore received a mainline sewer assessment for 2 lots. Even though the legal description indicates that there are 2 separate lots, the house is constructed centered on both lots. Therefore, it is impossible to construct a second home without first removing the existing home. Therefore, staff has concluded that the second lot is unbuildable and this property should only receive a sewer and watermain assessment for 1 lot. Staff has made this adjustment to their assessment. The costs for these credits will be funded by the Sanitary Sewer Fund and Shakopee Public Utilities. This situation does not apply to any other properties on the project. All other properties that received a sewer assessment for more than 1 lot are vacant properties, which have the potential to be developed as separate lots. Staff also recommends that this property be legally consolidated into 1 lot and staff will initiate that process immediately. Shakopee Marine - Lots 1 & 2, Block 25 (PID 27-004120-0) This parcel is somewhat similar to the Davies situation in that it is legally 2 lots, but the current building sits on both lots, thereby making the second lot undevelopable unless the current structure is removed. This property had existing mainline sewer to the northwest corner of the property prior to constructing this project (Same as the Robert Cole property) . Therefore, in the assessment roll presented to Council on November 10th, staff has only proposed to assess one of these lots for sewer rather than both of them. The reasoning behind this was the second lot now had sewer available to it, when it did not before, and if it were ever developed it would have access to sewer. Because of the current building location making the second lot un- buildable, staff is recommending that this second lot not be assessed for sewer and has made the appropriate change in the assessment roll. Staff also recommends that this parcel be legally consolidated into 1 lot and staff will initiate that process immediately. William Vohnoutka (PID 27-001233-0)/Robert Drury (PID 27-001224-0) Staff has discovered that these 2 locations had installed new sewer services in 1979, which met all City codes. Therefore, the sewer service line assessments for these 2 parcels has been eliminated. Staff has also rechecked all other sewer service assessments where clay pipe was replaced to make sure the assessments are valid for all other properties and has confirmed that these service line assessments are proper. RECOMMENDATION: Staff has made all of the adjustments discussed above in the new, revised assessment roll and recommends adopting the final assessments by Resolution No. 3703 . If the City Council wishes to revise some of the adjustments listed above, the resolution should be amended accordingly prior to adoption. ACTION REQUESTED: Offer Resolution No. 3703 , A Resolution Adopting Assessments for 2nd Avenue, Between Sommerville Street and Various Abutting Cross Streets, Project No. 1992-3 and move its adoption. DEH/pmp MEM3703 rI I 1 .Z o �. c'3 It-• c 9 _T�r��Z /( CV CO z IT i Z •., -14 C., pl- = 3 C 1 I1 O i I L:r ___,,_,. ....„ tz. . : p U _ _ _ . , 4 ..,-- 0 IW is J ID MM ;Y o 41 -.- W II o \� m es) J OIM •i :t. -t ;_ ..''aii(p.m, O O m ----00£ , ' . 'i CZ) 'o Z S 11 I RESOLUTION NO. 3703 A Resolution Adopting Assessments For 2nd Avenue, Between Sommerville Street And Naumkeag Street And Various Abutting Cross Streets Project No. 1991-3 WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of: 2nd Avenue, between Sommerville Street and Naumkeag Street and various abutting cross streets by complete reconstruction (pavement, curb & gutter, storm sewer, sanitary sewer and watermain) . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That such proposed assessment together with any amendments thereof, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be benefitted by the proposed improvements in the amount of the assessments levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of ten years, the first installment to be payable on or before the first Monday in January, 1993 , and shall bear interest at the rate of 7 . 75 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31, 1993 and to each subsequent installment when due shall be added the interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; the owner may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list, and may pay the remaining principal balance of the assessment to the City Treasurer. 4 . The Clerk shall file the assessment rolls pertaining to this assessment in her office and shall certify annually to the County Auditor on or before November 30th of each year the total amount of installments and interest on assessments on each parcel of land which are to become due in the following year. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney N N C/) V V V V V V V C17 C/] 1 1 1 1 O p O /-� Oc:D o 0 o O O O O l VZ 1 — vo r O W N O O W O co p A CO N v �^ I O O O O O O co4MM l+, (A (1W� �1 fD o < 0 o p N a CO w CM p?) A (v w w f� 0 �° p' °' 1 m °' W v' to 0 < i)1 W rul I- ox Cr) O . . O •mm Omm Omw O � � _ �' * m Z 'CO � � m cn °' m j Q, m z m m N o � Q° Zrn3 �' Q SD Q' m m o m n C) m n u, m n cn - > j D o m Mo ? mc�i m KD � s. z KD � cn ZNm CTI O m r Z _ zm , zm c zm zm z � m• � Ncn Z r►�by C-' � m '< 0 CP 01 CP CP * 0 C) y A m m /r W T• CO C.) Q W-.4 W W 0) m 1 O C.-( Z • 'Ili til 9 n ° cr � o 1-1 = 07R3m Cr) Co =- o ? o 0- s D- o = ,7o O CD •�c x Al N a 1 m cn m w w r A- cn X N _ O O N •p O fV 0 1 O CrtO A O O CT 10 CD O a O O -0 CO -0 CO 'D CO_ '6 CO 'o N -I F-+ CD m A co m r m mCD . m . mCD . m Q� m F-+ n rn n C) n rn CN) .< ^' n C .- C .• `G c i, � TW _ N W m m OM O O Z 0 O o 0 0 o O o -' -1 PO z q 1C.,, OOm ,, -fl D O N OCnz C EAN ZCA p cco o op 1 coro'p co co c00 O m m CSD 01 (31 a) CP CP CP CP rn O1 Zi ~ ( t\') cn 65o O cn z m r- N z -I z r C O O K Cl) m m 70 > CD U) Dcp U) E r O z Do z m -1 z r C O O K C m m 33 N m v I Cnza a cf) z K • z 3 Z m > m CD 33 69 69 EA EA EF) EA I=. m cNi, Vom < m o a) oo mm 0 0 0 0 0 o cn m < -1 3 ELIm m > C Eft ffl CA EA 61, 69 N � O N O EA °) Cn D V CD N (n CO0 . V 0) K I- VV CD CO CD (D m CVT1 COT1 COACVT1 CVT1 (VT1 (VT1 a) _ N C�/.��1yy V V V V V V V V l�� C/� 1 I I I 1 I I O p O 0 0 0 0 /1 O O p p O O O 9 l l N3 N f N N -- U1 - W 0 C/) CNTt A W N V 1 O 10 c4 O 0 O 0 0 0 4 > m Cnw � 0 • ) 0N - SwD (.0 .t, 7" 0 � No CD Z . I ) O o a) 0f) = D) 0) -' a) 0) Ca a) co D a) 0) a ca 07 tri 0 m m OW 'c d D o N o tmv N w N 0 -000 !T1 \17-. yy • l 3 Q N x /`� m C7 m x 90 CD D R° m a m a Q m a W m a m - a c 0 MDcb m 2:.), W CD 3 D Dm MDm M > — M > D Oril C� Zm C� z '< Zrn Zm Zm � Z `m � zm m Zm Z `U r4 01 CD cn O 01 CD 01 01 01 Q o o m 0 (a CD Cn c 01 < 01 W co o W W 37 V m V V 0 V V V V COCO CD CD 0 co co co co 0 11J CO r Cr) r CD r CD r Cn co Z Cn r Cn r Cn r O 0- = = o 0 o S o 0 o 0- F 0) 0 o = o = 0 CD x CO ra X' 00 x V 6) N a? x 0) V x rn r -0 CO '0 V o 0 CO13 CO -0 CO 0 0 .. a>• CO co W m m m m CD 90 m m m ‘D ,, n atio natio ONW n � 0 o0 V ON ON W T 71 O 3) OO Z rn 'i --1 o 0 0 0 0 0 0 0 z co OOm C„• oi i Co m o 0 0 mD O 33 Cn _, Z in• m 0 coOD co-Co CO ,CCPD CD CO C-CpD CCAD O m < Cr m m CD 01 CVi1 CVT CVi1 - � CD CD -O -z-1 ~ N ~ IN.-)1,`` cn vv cn ? mo 1....,63 6) <n Oviz ,O d K � N -. M OCu CD CO Z z r C O O K C T m 3) > CDCD cn mE z 37 z z r- C Cl)• OT m 37 Cn CD a m mza cnz m r m c mz3i z m > M 37 r m to 0, kft to 61 63 61 63 33 A A A m n W -4 O N -1.. $ 0 0 0 0 0 0 0 m 13 E C m n 37 m > co m73 COd, mm mN m (0 69 ' Cm n0 33 N O CD Co b1 b1 Off) N CO 2. D N W m T W m m co co co U) Cn m r CV71 < W CV71 < 1 CVO CVO A N N Z N) N N V V V V -.4 �.�y V V i I I l/e-�l CA O O p O 01 l 1 v)M O 0 O tii co GO.) N ca co co co z � 1 ? o CO 0 I 0 I dCA O o 4 tri pp�� N cn ; 7 cn N '0 W CD e- CO CDM CO � M < Z co A c 7- O o CD o- N = N O C1 7' 0 0 g 0 �p co CP o w O < sv A °i W :7, °�c' `D A- v A) 3 mm w CO coCO O Aw. m -Oa w K -00 N 0 co_• N 0 W• aco N 0 j 7 °' m 0 o . A) CD a Q° m O m � Q m • - K • x M ' cmn K < 90 -- < m g < ci O r Nm Z D Z m Z o Zm zm a zm cn Z ro r z � ( m W W W m w o W °,- 0 W A CD W 4D CD CD M C m ", z i v Z Cr cnwr cnwz CO D < 0 0) C.0 Cnw � wrCO co (D1 n 9.° wc CO y N) "Oxo = to A x 1 W � NX O ^ a IWNx1 '' 7 -n7c W p - O 0 • 01 OO Scn 0V � V CO '0 CO m rn cn * m mV CD ;c CD m m m m m w \D1-..n o r- 0 n n - n CD ( 0 n 0 0 n n) U) T VO _ W O 33 O O Z cn 0 0 o Z (D C OOm ,.►o a Cnm 0 O 0 0 0 O T D 0 N df Z wp d' vCO CD CO OZm (�D Co CCD Cl' --1 saN CO N 1r _. N N N N CA coiv (7i 9, (Wn (h -4 O m r N O c.) G3 W W en -I Z r C O O K CD m II > CO m D CJ, CD E r K z m z m z r C O O K C T m DO Cl) mD � DO D g C m v m z 13 g Z m > M 13 I- to m N 69 _ w z < ate) N a N) O m es- 37 O S O 0 O 0 cn m Z <D m n mw m D co W 69 69 69 69 N (n O CO -I CID a) Cl' v Cl' V CD m r 41. W W W ( -1 N V V V V V V V I I o M C4 0 0 0 0 0 c) o O n V1 pp pp pp w 0 C11 O 0 0 0 O 0 O 0 4 Y m Cl (7+ G) � 0CP Cn02 nig CP j � OAK Cn (n < Cl) <�y Z m- N S N S W m ? p 0 ? C = V N N m y N 0 \il Cu N m0CO CO O ) Q) ( Cu NO DI CD x x = �rf A" mco o m o m m x m o 21 = o T - o m o m w Z O _L w -0 _L C "O °i c m m = m 0 N w N CD• I m 4. 0. m 4 ro , c' m m o tp m o N m ay n 0 0 m < — m < �' m < v; Zoe Mm Mm M � ' K � m 0 r Zm Zm Z = 01 ZCQ � Z (A Zm m Zm < Z b r c • m /� c�'i' 7 cin cU'i' m W . I chi' m 0 Cil 01 01 Qo W W W co a W 3 W W W 77 O C en CO CO C -. C Z °' m MI 53 7- n < j (p co r- (n co r (J) 07 r" Cn fN r- (n CO o Z Cn -` (n (n CO Z Cn co r- O CCD m O w p o) O co O N 0 3 A S .t y r- v N) m •'c o Cu •_, r- ao � � V xjrn � � � � o Q ,l- CO X1 X1cD O • m O m O 0 T Iv m C O O W x O m 0) O m ` �, Q� CD m m m -• wm Cn CD a) o a) co �. (n W U 0 O O O Z CD ►,r, O 71 O m w p -+ N O O O � Cn m O b 0 O 01 0 (WJ' b m > 0 Eft_, Zmo V H) EA 03 CO -I D Z 'A CD _ODD 0)CD 1 K < Cr - OO z m ti Ate` > ...t\•) CD El, EA 69 69 r m N ti W (V(�� V DJ N N N V O QI Z 1�� 1/40 VU' 01 0) O O 0 1 iD m 7 tv Gin N) Cs) OV (pD CO Cr)in 0) -1 Z I- C O O K cnj -I -n m b b 0 1 >71 CJ) > Cl)71 n (n • m Q• om) N N co Z O rNrJ N CD CO m z i CD m v p p m m Z r- C O O K Cl) m 1 corn mag I CnZ D D Z m 0 m• z �o g z m > rM 33 Ef r A _Cl) 0) v EA Z < p O w N co m m 33 o 0 0 0 0 m < m 0 03m a co E» c EA in � -A N N C.4 A o) N cn 0 G) GV,,) V -5 -' A 1 p cn D VW 01 0U�' V (VT' N coo m 1"' W GN) p 0)) (p71 ((T' N .Z.{ IV IV N N V) V V V V V V -4 V l//1-��, CIS O O O O l 1 2 2 QQ A2 0 0 0 o o 0 2 2 2 0 m • O o z cil V A N OI Vl p O al 0 o 0 O 7 Cn w D 0 w CP a) M. O cD m CD o C (4 i C.? 0 o N • O omm e.; ma omy oma f •l) WA- ....1 -8mM mN) W z pcj wm w m wa 2 wQ, m m - 0.) G 0 � � w T o S�° n m o w a n m co.-` m a m a m• m 2 m w o a'i � Dm � D � � < �' K < 3 Mm m MR- m w c� O r Zm Zm Zm 7- Zm w Zm Q° ZCD7 Zm 7 Z Z ['' I-7_ Z Z u, <„ v, Q° cn m cn cn (xi 07 m ib U, v' v' - w pi w m w A- 01 CJ1 Cn a 2 0 C..) Z CD Ca a Ca no Z mr mr mr mr mr m -' mmcn mo m CD w 0 co O Cl) o Cl) co Cl) 0 � Cl) X Do A Cl) CA rro r- 4. 0 �-t 4. U1 A w N -1 (,/) O O Cn �7 N co Q 0 CT CO = CO = CO S CO ? CO = g p , N o `I ►-+ A) • x •• X • x • w W O7 0 A- N Z 1- r, o w 0 w - w 0 W -0 w Z 0 -0 (" VD v) m m CD CD CD CD N CD CD ~ N W m T O 2 O O z o ,H 0 PZ z c �, O O m r -. -' - W CT N m �,',y O 00 0 b 0 O b 0 0 -n D 0 -4 Z o (51 CO Q m G o O m C C7 CD/) vN 77 2 C et) Cn N N N N N � mv 11- Cf) cin r � 0 'v -4 v V V O i ? lo � 4, OBD �p Y'n Y'n o al i68 � � o o � mr N w w w w w �mm 2 cin CP rn -z-{ Z r C O O K (O c m 0 0 2 D cn C E» c D Cn p m o Cn z m Cl) o m z 2 z m cn -i z r C O O . C T m 2 RI cn D m cn Z D D z mZDO g Z m > M I) CD CD Tm 2 m o 7, m CD m < m m m D f, . Cn v Q EA � O N N N N N b-4 v 33 O 0 v V V v v 1 0 m A A CD D cn fp C7 CD -4 m r _L ..--' :P.•w w w w w cn o am -zl N N N c ✓ V V V V I V V V o 0 0 () V1 0 0 � 2 2 2 2 2 o co 0 O '�^ CO I I I I I II10 V` O O O O O O cnrn :3 cnc � InrnD CI) Cr) a) CDNw CDw � � -. w CA D � a ) COz w Nm w pn a) IVfoo o m v wSO �• mm 'cmm o m o � cn o mm o m m 7 m r03 Z Qe » 24,lm N n N m d Z m a ` m f2° CD X m a2 m = n m mm W a `a m < m m < c m 0 W O � � dam � � w � � � < * KC° 3 SCD � � w O m r z 0- zm c) zm = za zm w Zmw Zrn z � CO 'U r m �, 01 01 cn a cn 01 ti cn m w m /� cn 7 c" m w wC° 01 w 01 w �? m J 0 Ca w m Z rrf o m m mr mr mr mr mr mr mr mr 0 CD w o w o w o w o w o w o w cn o w o ,..i fa cn ^ � .• w " 1 ^ cn CO — V CO P OT. O � COW COW 7" m CO7" CO COm COW COCO � '•; •7. a) A' • x C� • � � ' X' A" • A- x I, € - 7 • aA o •r w w 0 a € w r -o c„, 0 V m CD CD CD CD CD mm ~ 1 I W N m m O 3) O O z a) a)0 0 0 0 0 z ('p 0 +'C,O O , o s 1 m $ S 0 0 0 0 0 0 m a O Z m o o-1 N CO N CO CO —I a ccoo cooco cococo O m < a m m ( ccri 01 01 01 �O - ~ co 1N N N 1 N N N N N r cn O V V w V V V V V O U) z °�' CZ CZ m /- \C). w Q' w w Z w w w w . j Z I- C O O K CO TI m DJ > C0 m O DCO COZ r m z im z m -i z 1— C O▪ O K C/3 m 73 cn � m • a cn2 D a cn z m Z 1 0 • M > m JO CD ci) r 30 m N) N CO ? rn mcif CZ G3 CO G3 Z 0 xj 0 0 0 0 0 m co Z m D m n goi m a CO Cl)fri —1 N ? W W W N W co 0 ✓ v w co lo , a �''i, 03 CO rn 03 CO o m r w w -' C CO 'CD CO 0 z V V V V V V V N 2 2 2 2 2 2 2 2 _ n �M o o p o o o w o -0 O r C.) w co � A - 0 to 0 Z '� •-..) D) � I I I 1 V o 0 0 0 0 0 0 0 C7 4m w u) ce a) )0 W 0 "0 Co 0 O aoa ate ° a> ca aa' •-• ch a) a> m aa) o � ate' 0)N) ,.„CO [Z] 15 0m a) -P. 0 . - omm o0> 0 !� aa' � !� 0mso z jd w w NCD r w — ca m w m maw CD m � CD Via = maw mam Q w r M � m K � y Mm o � > 3 Kcnm < c°'n < � < 7 0 m zm P° Zm g z0) w zm ? z � zm zm = zm Cl) Z F:J r cn N (Y1 5 al cn !n 0 (1 <• � � Z /`� m cn cn cn w a cn 0 w m w w O w w w v I v a = m � Z N Cll O � CD mooCr a) 7d mwo m m m m m - w � �cn � Z Ca N - N � cnN Ncnsi° o (n - cn - o Cn - U) N 0- o = al = w = � = sAr = co . w n- m r-• A A x x x ?c r x ?c O x x x x x co ' i, o R° 0 A a a' v' m v' -0p -o A p T. CD v' CD N CD CD CD CD CD CD ~ N W 71 O = O O -1 Z z (D �, O m m rn � -. - -' -' p - m 00 0 0 0 in 0 0 = R. 0 0 0 0 0 0 0 0 m D O Zcn p �' � m •ren NN N N N N N N N r (n O V v v V V w V V O co Z cwi, cwn r,' n °v' n) ccn m N w w w w w Cr) w w -1 z r C O 0 K Co -n m b = > cn M D V) E» N N Z v m Z 37 M Z I- C O0 O m _ mm K m D D K E. m v m z 1 g m m CD � Xi r m EA 77 m n m= o m 0 C/) Z C D m n m= m D 0 U) EA EA EA EA EA EA EA N (n 0 N N a) N N N U) 0 C.7) rn aCO tcwi, v cwn v m r w w o w w a' w w Z --I V V V V V 1 i1 v 1�i-1 2 2 0 2 2 2 A 2 Cm 2 2 0- 2 2 2 2 71 O cIo I A 5 �y IIILr V) O w N 7 o O O O I-� m zwm m 33 m - 7.7 V) N77 CnN -{ wV < Cn f` 0) ND3 C Z y 0a- N 0Q Q. o = aow Ao0 a - o c000 <_ .� m rn a -oa o. 0 w m o Qo c a z i"j � acn � acn C) Qo m Kr m My m Nw m O ZDm Z D1 -. am Pow Po, ' m am D5 m Km cn m w al m w m w �' m < �' ai w Z a 0 m r � � � �_ � � ` Z �, Z01 � � Zm zo = m Zb�y r N Cn N V) Z CD CCn CM PO (0n _ conn al Q' N m /`i C 0) m w 0 CT CA 2a' o mCD CO tri O CA 0 i n g mWco _ r mr- mr- mwcn mwz mr mr mgr Z Cr yco ao N N rn r Cn V N CO - Cl) - CD m CD O O Cn - Cn - Cn w 90 0 01 O W w ww w w co w co w • -0 03 ,-- a) (71 X •" X •" x (0 X r X ,C • ,C Cn SI) m tp CD CD CD CD 0 m 0 m CD CD rI W N O w O O z 0 0 0 0 0 0 Z CD ti, O O 11 w 0 _, _+ rn 0 0 0 0 o Cr)V ma O 13 CD ro -a E» t ZmZ 41 CO69 69 69 oc o GOOD CD CO CD O m m CD,_ O (n 1 (n CA O co N - V CDn vN _ U)N � N N 4:.•69 r Cn 0 �r�� V w V V 0Z Z pN) o V (wn C.) CM d Z r _Nub A W W Weo -I Z I- C O O K N - -1 -n w 0 o b O 71 > co D (i,m r\> N EA cn N Cn Z Ut V V v cn r m Wup CO v MZ37 w O O o -zi m Z I- C O O K � - - f -1 m w 0 o w 0 0 b 0 0 37 w > � K m ;, to a m• - (n —I -- w w w Cmnz > Z Do 1:3 V DJ 33 O -CO °' -CO r m Z = z0 = Zco Ol o 0 o mzOD O T. w OT. O 0 (wn (31 - m > -i m 7.1 C1) co EA En 61 EA r com o (31 CC)o o m 3 El El 0 0 b 0 m v+ rm� om A m o m 70 CO CO69 f•ft wC.) D w 0n w ccnn C) > w A Cmn 0 in b .gym - -IMEn U) a om 0) rn CO,_, rn =4 0 CD 0 0 w =I (o �1 m r 8 N W A v ((31 W -I IV CA > Q % N) § n 0 / \ \ \ 7 3 V) a Z cA 0 0 0 0 0 0 C) 4 @ = r = = r = (Si k = ® _ co I = 2 « G 7 % § ) G \ ƒ 7 J \ ) J # 2 @ q A- m = & m / - a \ 7 : & m » - w B S Z p 2 •G k co e ' \ 0 \ _ » & 2 CD D 0 _ < ° 2 © 0 Z m g s @ a # a = ° 2 � w @ < _ < = •2 E g / 2 k K < =CR G \ § 2P \ z AGk zm zP / eee % ƒ q o §CP q q �� E m_ ✓ C % S CD % %co co E \ k (0 f « 4 E \ n / R Z cr mr mr m = -oo90mgoE 0) R 03 orn � � E Q % \ \ \ • \ \ / z 2 e a 3 e 3 2 a r . $ / $ / 9 � C7m � -- o / / / / a � co CT Io — \ \ / •7 2 0 \ 0 & F J Q J = \ _ _ _ & _ CO t - D w m m $ CD CD R = CD CD N li 0 0 z C I— C \ \ m� 0 � � g = § b 0 b 0 0 0 » 0 \ k / V z ± o V 5 = > CO \ / p Cr O a ¥ co e 7 7 9 \ 0 / -Ca § \ / � rn N \ \ g U e -1 z r C 7 � \ _ > CD mco> co Km § Er -4 z r E $ � \ _ / CD > co K m 33\ / \ > § m z 15 -4 _ \ ® r m m 5 § m -7- \ > m 5 / m > $ 7 'V N3 N � 0 V & w w w ) 2 > v / / m » m r U e 0 S U e N NV n) M V V til V1 0 O 0 IA pp I A n o O O O -0 ril o cc) v O - I I I 0 0 0 d 4 cnN77 m -' 77 K `1M CDw > CM-I z cs ) O m (D m V m tri o m ' 0 � �n r 'c o m 0 5 � 'v Opo K e w m w G) pzi 0 CD m _I °'. aM Za. o m a - - o m ED- w w cn m * < ri) O t~ zsv 3 M37 ` pDco Zm m I.ti r N < c) Z cn w z � o w m = ,, m W =• w m w cn w V - u' o a z F). n0 tri o n (1) Cr y W m m o o -9' < a) o0 0 0 wa)o w 0 co I„I » r 3 mo 9' m 5 QO m (2 m 3 V cn• c1 • cn ; a' 0 Q \cn - 3 m cno70 cnf, .co mmn0 co =' 0 * � - o -o vi a) 0 m ww mR. r+ (0 co co co ca • w ,n O D cn cD o A-. Co • . 0) moVm io No o V y O o m _ m 7 o m CD CD m I N w -n m Di OO 03 CD CD O _i Z CD () O O V Z CD I- C �, Omw CO) O tv cn m ino o w O O 0 m D O 0 2 z 01 (69 (n w C.) Z co v W �) (an (0i1 m K < Cr CD .00') o co CD O m m CD (VT, 1 N N O - r,..) cn cn -. N 01r O _ O z Pi 0 dmD r N C.3 n a) w rn z z I- C O O g m w 0 0 0 al > cn > cn N N V) Z V V Cn r-- m (COT co co m Z a) o O o z m Z I- C O O g -1 m w Clin O O b b ]] V) > cn D c 33 0'n m -1in -A "" -i to cozD Z n e w 0 C ° O C N) M C m v = zV 1Z01 1Z (n mZ M 5 OT. j OT. O OT. o Z D op H M w w cn r m 69 � m - m M o 64 69 m A N m < m 8 0 m w > CO n0, EA EA EA � --i D w (n .1 w 0) ((/) 0 m _ CW.) a) o C) Mr w -I a) p a) (n m (VTI O N (n —I N N N N N (/1 V V V V oI oI V 0V V V tri CA A 0 C) 0 Ti o co 5 a, 01 41. w N I O IIIO (0 Zcn O 0 O 0 O O 7 (1) (D (J) (D10 (1) CDD Q) CDK Cr) cnCOD cn (00o g? (8 C Z a ^) � 7" IN) ? rnr r, wi -' co CD w - s 2) co w C'3 — [17 o m o m � o mm A mm o mQ o m � o !nm o !n � z m ? m j• m m ? 7] m w o m co iv m w fo w = m w m a m m a a Q m a 8 m a < m a Sr) a m m a m m 0 M D K c c Zm z zm " zmm zmco ZcD < Zm .. za) z b r cri go CT CA 01 oi 0 VI (II -- 01 st m 01 CD Cr30 m O VC C.) V V V V V V = CD , co co CD co CD co CD C L-1 N CZ] O CD m o r m r m r m r m r m r m r m r Z Cro so n O iv O A) O cu O Cu 0 OCr) si, N O A) w 0 CD _ 0 _, 0 0 0 1 0 CD A m co m CD A ~m co A CD a)m A VD N CD m V) OO O � —i Z o O co O Z ( ti. ca OOW c„ b b b 0 17 a. b b 0 0 b 0 0 0 0 mD O DO cn w w w -1 ci) C1 in 01 cn m M < Cr w cw0 OOmm C N b N —i "'I Cr) 1.\) _ CD EA N N r 0) O N N N N N N O Cq Z w .:,4 w w w m N CP 01 cn 01ar N W Z w w w w w C.) CO —{ Z r C O 0 K mm o o o X > m 0 D � N ffl N CD Z V CD u) r m CDVV Z m V 70 V o -I z r C O 0 K 8 o oi Wm CD x_ m D EA w 03 Z D Z 0o -co w K r m 0 o 0 0V mZI 5 m a) m r m cn r m - m A A m xi O O O O cn E < m 0 00m D w G EA n to m EA EA EA EA EA EA m C —I D M CO D CD D Q) N N N N N CD 0 —1m0 --1rnCn --Im \3 V V V V :i w —I m o p m0 .0 m 0 cDD 3 =icn 7D � 0n 33 =1A n) vi �n mr N N CNn W W W CO C.) '-1 ✓ V V at I V V V V V M 0 2 2 2 2 2 02 2 2 () C/) N) 0 0 O O co co co - O NO O co co V I o I O O I O I M4 > r'i (ni (n (n (Dr -0N37 CI) -• Cf) (n -' 37 G7o0 (lC > cn (WK < Z a- W S S N W -, O - S W 7" 0" N O 0- N 0 7- W ZT D- 2 W co W W W N a O V W C.) W W Q) - W V W O W rn � � �c oma 0 r' 0 � � m A- (nm � m � �cm <_ p 0 o m r o 0 0 - 0 0 O o CD CD co 0 w x• CD CD CD - 0 CD m CD = O D y m m CD , 90 CD y 0 CD m o m F m Q Q m Q c � m y < m � 3 O Km a�Ki M (nm K � <_. KDWc- MD0 0 m r z � Zm ZW m Z � Z • Z uoi z z ''d r .. 0 s0 D CP Z (("n • lD (("n g < 37 cn m CP (("n ("'n (("n rn V Cr) v - 0. .4 C V V CO V CO 2 CD m N C co 2 CD co co CD 6 co QC...- z CD N CD ^ O mwr mr mCorma3mmr mwz mCC) r mr mwr Z 0- a) O Wo a) ;7- 0 ):03k-- x0 W - N W • O W o1 W _ O O 2ta a) .2. n <4 • z ca • N ci) /I . y r Cr) ul 03 N W A (D 0 po 07 W go (T N (T O Cn ¢o w .7,', 1 ` �.._. Q1 x N A- . . x A A A W x x O CD -r (A V -00 V �' -D V CM ' C 0 CD CD CD CD CD CD I N W TI m O w O O Z O 0 o O o Z ('D 0 o C. iv o iv o o N CO m O in o co in o 37 a. O O 0 W V 0 0 11D O o w Z C V 69 V 69 W 69 69 Z CI) OD W P (�D OD 0 m < Cr Co N2 2 2 N 0zm ti Cr) ..t\) EA 69 N W O(7) 69 CM r (n O 0) Z V V 0 co •(VD o r r N M - C) A Co O) 'co - Z (n co cn C) Z r C O 0 K - N - N --1 •' co b o 0 0 (n m o w o 0 0 37 D cocn D N W r cn N N( iii (n Z 122J O Cn K co O f- a) co ? m z m O (CDD Oy o o W _ m Z r C N O N _, N O O co CI)O W WV 0 0 0 70 (I) D f� D * D * D * D . D * D 1) V f 1 -1 .p m -i w m --1 (�,o IT -I W F 1 --1 V Z D D °' 33 30 <- nC ° 0CN 0Ccr K - m 0 (n = Zcn = Z � = Zn ' Zn = Zo mZ37 OTO 07OTO c-)c-) 7 •0 Ox ° zm Do � -i m 33 ww 3:)_r m N 69 � z < O O 0 N N m m 33 S o 0 0 0 Dw r 3)- N rn A ? Z < -I O N m M 0 0 0 o m � > -IM 69 � N m _1 33 0 W N V N Cn O V Cn O rn• - V pWp cocconco ((TI D mC m aD V O A co co co rn m r m 1 0 - a) coVA W (OD -I V N) V V V V V I of oI oI V M ril Wco V (NTl WI NI -I 0 O o O O O O O O O Ci 4 mm • N p co - -OD- Of a co O < cc." o = w o = 0 so O > �-+ • C. � � x- -, m � � C •� � m � Z � � o � � � m ►� - z IS m to -8 m Q, -8 m 3 p = a a, fze -0 1T7 n a m w Z tri z 0 co m �' m m °' K m °' F m m o m 3 aa)cg m o g m m N O � m- * � Dy Ka -• KD - co = ' Km a M - Mam O m ri a 0 ET Z < c� z < a Z < c cn -_4 w z cp a' Z(IT � '< Z < ¢° ''d r-i w w C) w 01 -. Z m w o w D w K cru (xi cn m 7 O AD CO CO CD �, co 3 � 0 CO "4z cn m m0 0 mcos0rmr mr mr mwr mr mr mr Z CD Or y Amo � o � o � o � � o sA o O - �' w ry N Cl) Ln w r = ONS = w = w = w = °7 � z- w Coco m- w co o �+ cu 7 w a' ?c a' 0 a' •• N x a" -c w VD m• ao m 0 m a) m 0 m a U' a U' m v' co m m m m m m m 1 N W m m O 3) -, O O Z c" 0 0 0 -I 0 Z cp O O m O - - N) 0 CD(n O O in O O O o O -n D 0 33 cn O 0 z OD w w CO Z D '�+ au in in in -' Ci) D w co cr CCOO COcoo m0 m m cc (.n b N N O .Z .{ Ai A� Co y,V co N N 69 O- N a) r (1) \V OBD .rni CTI 0 awo -.44 m r N w w o 'i Z I— C •-• •-• 0 0 K -I -n w b b Co m 0 0 37 > Cn 0D Co N N Cn 2 r CD CO m Z o 0 0 z m -i Z I. C O 0 K — — -I -n w b o b Co Do cn m CO D_ 37 -CC..w 69 CD -2 Z 0 w w r m 0 0 o mZ37 5 n' z D M Cn Jo m -t -• z < N N m 0— o b b m 0 0 m < D m m > C co Ht 69 tft 69 (f) EA < C� 69 C7 vt m -+ CO w ro a> w > ma) DwV Cn0 CO"CO is V V w in m 0 - m o 'CO N a V Yn' CO 37 -im 33 - cwn mr Vii ca ca oV N coOo 2 N N N N V V V v V V V V i I i i tri V) 8 o, 0 om CnA A A A A A N E-, Z V1 N.) CD CD CO V CO i CIS O a I 0 O O O O o 4 • -N+ C - co co C S -'' Co ? -, C W 7 -0 Co C 0 N O co a Q z 0-3 5:0A V < N N N ,r Z m 7C O O W O W p v' v' Z m Z $ p, 7 -pr € m ¢, '0m ¢° 0 •mm mmo g � � � A � Z mD m N m C7 m w o m G' = m c^' z 0 o Z o w O Km n Mao- MaQ Ky. = KD2 KD cnnco 3 0 � O m r Z at mZ 2 W Z N Z m 07 Z m Z m D m NCn ` Z pd r cn o CTI m t cn m o CA CD (11 C.71 rn m o mR° n • Q° iJoV V v 0 (D c/co v vn • 0 CD cd CD 0 CD 0 CD CD m to CD O n < m O 0-3 I— mr mr mr mr moor mws0o z Cr ro Q° _. co o in o w o co o 0 o y x o~, °'cn .'c cn r 0 ►'t CD 03 = w = w moo � co = co = 9.co m °> N � 0 CT A) w ,r m w ,r w �•c w x m N ,c o o ,� p O O N O N O co 1/40 1/40 IS0 m m m CD co- `D m 13 0 m CD m "-' co 1/40 co co CD CDW N m m OO � -.• O Z O O O Z . ., OO c„• -• _.• N n) PO O b O O 0 0 O O �C O O 0 o D O m Z m o n � mD tD 01 O CDVO K < 0 cD O in O z rn ti N N O Cn Fv co ..t\'') co Eft imp Eel CI) CD 69 � bo O Cn Z C::),p CT CO E T co CP co co co dmr- tv o o oo Z Vi N CND in CO CD CD v -I co co Z O O K -i m W m $ o CO JO D CD o main a E„ EftI" CO cnz M 14 - r m CD v zeta) =1w O ..i Z r C O O K mm 0 00 I c" D c/o K m D D po m w m w m Z •a z n C JD 70 N 0 C DO 1 -,r, m Z I � z � z � zm XO � T. o -1 JD Cn r mrn Z < N m n m m -- 0 0 cv z <➢ o n o m m S a D n69 uo m _I te m m Eft �' cn cn 0 co t� 01 co co co C'' M ?-*- o o A N co C01DD O O o RI in z Cv'D �D r O in in O CD N -I (n N Vv vN) - MV O j p p j ( up l+� N O iv N o ZIA cn co j o CA 0 0 0 4 _ > m cn -. 0 cn co m cn N 0 ci) — 0 < z S 51) N) c co = N w ?7 SD _ 7' 0 w n. ...'4,',.1. w ��--r�yy O 2 m p N (D OX- V)m. m cn d sl) `G rn CD 3 mom ` m3go D a min p M "' o Kam Kw C K3 "' Km '< O m r r Z f zD0 Z '< g Z , m Z � ol 3 m 0 01 A)A) a1 w ( w m Z m r = 0 C.) r- '� z a CE: m MI OC 8 � O H * o m -' moo "0 M90Z m » Z Cr D m oo 0 CCn a m 0 w w w O a A ^ 0 . O < N N (n t0 IZ'D . O .y. O N Cp r ►'S O W m 9 0 \ • — A 0 —• N = o = COW o = CO )—i. • • -I m D W — n O A- .Dm V NO N CO CO O ?C- Ocn m am. Re '1\-5- Z m m m CD m CD T D m CD m CD I N r Le.) m m O 3) 1 1 O Z 0 IV 0 0- f 0 Z () ""„, I- 0 CD m o H 1 — 37 Cl) CO w o o O -n ,,,> O E„ � cnZ Cy NCD v CO ZcnO O In m M < Q` N ao (L) Omm CD C„ N O z ti N -+ 1..,, C ,..t\) co N co cn O `�^ V N 0 CO CO OIV d D `,V` ? o CO O N m r N W N) 0 CCOO CT _-I Z r C O O K C.) — -i m co m w o o > o M n CO fo n fft N CD Z iv 70 V Co CO m Z 37 m co -1 w oV- Zi Z r C ca 1 O O K m m co 0 0 0 33 pi D H D 31 F» "I -1 (0 m -iw (mnZD D o 33 0c `° 33 33 OCN CD C O = z n 1201 mZ30 V OT. o OXo Z D -1 JO ry M o C69a N Z < 2 Ca co m n 1 c0 m b 0 0 t W CO o m n a O 00 m 0 > cn Eft cr, 69 C CD Nif) (s► (J) O "v co V 0 o 9) m r o p N Z _. A CCD A ? --I CrJ to 0 tmip 4 a � D r- Cl)0) 0 0 rCn -3 Ci)0 00 0 0 0 0 0 m — 1--1 cn cn cn z b r r 0 r O O O 00 0 m T Do o en g Di o Cr O cn o 0 co) CD a a o a 0-3 O W N (� N NalQ1 v Eft E I--+ 01 V 01 C.0 V ((0 0)) W W N W tx.) m m O 0 O z z C Ib z ( 0 0 m r_ mD z c o o z m � vN cn m0 m r NabN r C 0 0 g T CD cn m C D w Cr) z E m z Z m —1 z r C 0 0 g m Cl) m 7) mD < �° a K(j) Em v Z > Cl) (,) r m Z n r M z < ➢ m 0 r m cn D C cn 0 � r m z 1113 MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Brambilla SAC Charges DATE: October 20, 1992 INTRODUCTION: On October 14, 1992 , staff received a correspondence from Mr. Philip R. Krass, Krass & Monroe, Chtd. , in regard to the SAC charges proposed for the Brambilla commercial development project in Shakopee. (See attachment #1) Mr. Krass has requested City Council to review this issue. This item was originally scheduled for Council consideration on 11/3/92 . The item was subsequently tabled at the request of Mr. Krass. BACKGROUND: In April of 1992, staff presented to City Council a memo requesting guidance in the treatment of SAC credits (See Attachment #2) . At that time, Council unanimously endorsed the action set forth in the memorandum. Since April, staff has been utilizing the guidelines approved by City Council in determining SAC credits. The site presently occupied by Mr. Brambilla is within the Mini By-pass right-of-way. Prior to 1985 on this property, the City did not collect SAC charges. Between 1985 and 1988, Mr. Brambilla did pay seven (7) SAC unit charges for various building improvements on the property. (See attachment #3) Mr. Brambilla is requesting that the SAC charges paid on his present site be transferred to his new site adjacent to Valley Industrial Blvd. North. Mr. Brambilla's position is that since no building will ever be constructed on his existing site following completion of the Mini By-pass project that it would seem reasonable to have the credits transferred to his new parcel. The City' s policy in regard to Mr. Brambilla's project is that the SAC units stay with the property and refunds or transfer of credits is not permitted. The City must make an irrevocable determination on a case by case basis to either keep (left over) SAC units site specific for future use or to have the units which then become credits applied for City wide benefit. According to MWCC staff, the larger Cities that have gone through the SAC credit issue for development have elected to keep the (left over) credits for city wide benefit and have not refunded them to the owners. In order to effectuate the request made by Mr. Brambilla, the City could exercise one of the following options: 1. Refund Mr. Brambilla for the SAC units that he has paid on his existing site. ($2 ,720. 00) The refund would be paid from the Sanitary Sewer Fund. Under this scenario, Mr. Brambilla would be required to pay his new SAC charge ($4, 200.00) and the City would be able to keep the left over SAC credits on Mr. Brambilla's for the city wide benefit resulting in a $4, 900.00 cash infusion into the Sanitary Sewer Fund. (Net loss to City when compared to status quo - $2,720. 00. ) 2. Refund the SAC units paid by Mr. Brambilla on his existing site at today's SAC charge rate in an amount not to exceed what the SAC charges will be on his new site. (Under this scenario the City would have to use money from the Sanitary Sewer Fund to pay the MWCC the required SAC payment for Mr. Brambilla' s new site. - $4, 200. 00) The City could still obtain city wide benefit for SAC credits on the original Brambilla site at today's SAC rate. (Net loss to City when compared to status quo - $4,200. 00. ) Staff does not believe it would be appropriate to set precedence in the area of transferring, crediting and/or refunding SAC units. When Mr. Brambilla sold his current site to MnDOT he was duly compensated for the value of the property including all inherent property rights which included access to City sewer (SAC) and water (WAC) . Note that Mr. Krass's correspondence refers to a $6, 600. 00 SAC charge. The $6, 600. 00 figure is both SAC ($4, 200.00) and WAC ($2, 400. 00) combined. The City does not have the authority to waive/reduce and/or transfer WAC charges. This fee is controlled by SPUC. ALTERNATIVES: 1. Maintain the status quo in terms of the SAC credit policy. 2 . Amend the SAC credit policy to allow for the transfer of credits to a property owner who relocates from a site that will not experience further development to a new development site within the community. (Cost to City - loss in City wide benefit equal to $4, 200. 00. ) 3 . Amend the SAC credit policy to allow for a SAC unit refund to a property owner who relocates from a site that will not experience further development to a new development site within the community. The refund shall not exceed what has actually been paid on the initial site. (Cost to City 0 $2,720. 00. ) 4 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION REQUESTED: 1. Move to remove this item from the table. 2 . Move to reaffirm the guidelines set forth in the City's SAC Credit Policy. TAMI\ADMIN\SAC /—A-'c%c'Meti-= ass :..": :.,v ... p..n.,,,!. v..r,!: , Kiro RoE - . . .. 1. �,,. October 12 , 1992 _ Mr. Barry Stock Assistant Administrator City of Shakopee 129 East First Avenue Shakopee, MN 55379 Re: Brambilla SAC Charges Our File No. 1932-9 Dear Mr. Stock: Thank you for the information you sent me relative to the City' s position on the SAC charges previously paid by Mr. Brambilla on the parcel being acquired by the State of Minnesota. it appears to me as I reviewed the policy that it was clearly intended to deal with a parcel upon which construction or reconstruction of some building might be a possibility. Certainly that is not going to happen on the Brambilla piece and it seems unfair that Mr. Brambilla would be billed $6 , 600 SAC charge for his new facility while the City retains what is in effect a windfall from the SAC credit at the old Brambilla facility. I am requesting that the City Council consider the equities here and possibly modify its policy to provide for situations such as this, where the property owner pays twice, where there can never be a reconstruction on the first parcel, and where retaining such a SAC charge credit would simply he a windfall for the City. I will await your response and I thank you very much for your assistance and consideration. Very trul ours, KRASS ;& , OE ' TERED- �. ;/ it ip R. Kr ss /'/ Attorney at Law PRK/mlw cc: Jack Brambilla C:\WP50\LIT\COR\STOCK1jmlw TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director Barry Stock, Ass' t City Administrator RE: SAC Credits DATE: April 15, 1992 Introduction MWCC has revamped the Sewer Availability Charge (SAC) system in the area of credits for demolition or reduction of demand. Staff is seeking Council guidance for the treatment of SAC credits. Background MWCC has revamped and tightened up the handling of credits in the SAC system. Cities have treated credits in various ways and the result has been a potential large scale problem for MWCC in terms of managing the capacity for the sewer system and the financial impact of credits. Cities now have to identify and account for all credits. Staff has researched and is finalizing the list of credits on hand for Shakopee. MWCC will not refund cash to the City for credits. A couple examples at this point may best explain the situation; I. A house in the urban part of Shakopee is connected to the sewer system and has either paid a sac charge to connect to the system or is a pre-1973 house that is grand-fathered into the capacity of the sewer system. A house is one sac unit and the current rate is • $700.00 per sac unit. We are talking about the capacity of the sewer system, not the usage or the daily/monthly flow in the system. Assume that this house is demolished, resulting in that vacant site not being connected to the sewer system. There is now a sac credit pending. It is pending until a new use for the site is established. A) . A new house is built on the site and the pending credit is applied to the new use of the site. No payment is made to MWCC for the sac charge for the new house. 1) The city can either collect a sac charge from the developer of the new house and keep $700.00 for sewer improvements or 2) "apply the credit" and not collect $700.00 from the developer. B) . A paved parking lot is installed on the site. There is no sac charge for the parking lot and the pending sac credit is now available for the city to use. 1) The city can either keep the credit resulting in having $700.00 for sewer improvements or 2) attempt to refund the credit amount to the owner or 3) hold the credit for a subsequent future change in use of that fog mmil i - Jrurr•1t .� , R. t tin D "P..;. K RAss B.trrt k.\li r (2- . \iark,l.\Ii,v„•,•• N TitnuthF.\1iv‘r.i;;!. 1aIerie erness MOROE October 12, 1992 •-- Mr. Mr. Barry Stock Assistant Administrator City of Shakopee 129 East First Avenue Shakopee, MN 55379 Re: Brambilla SAC Charges Our File No. 1932-9 Dear Mr. Stock: Thank you for the information you sent me relative to the City' s position on the SAC charges previously paid by Mr. Brambilla on the parcel being acquired by the State of Minnesota. It appears to me as I reviewed the policy that it was clearly intended to deal with a parcel upon which construction or reconstruction of some building might be a possibility. Certainly that is not going to happen on the Brambilla piece and it seems unfair that Mr. Brambilla would be billed $6, 600 SAC charge for his new facility while the City retains what is in effect a windfall from the SAC credit at the old Brambilla facility. I am requesting that the City Council consider the equities here and possibly modify its policy to provide for situations such as this, where the property owner pays twice, where there can never be a reconstruction on the first parcel, and where retaining such a SAC charge credit would simply he a windfall for the City. I will await your response and I thank you very much for your assistance and consideration. Very trul ours, sk KRASS ,. $ OE TERED- j ip R. Kr ss Attorney at Law PRK/mlw cc: Jack Brambilla C:\WP5O\LIT\COR\STOCK1/mlw Alternatives 1. Refund unused sac credits to property owners. 2. Keep unused sac credits site specific. 3. Keep unused sac units for city benefit. 4. Combination of above. Recommendations The following criteria is suggested for guidelines to be used by staff in making SAC credit determinations. 1. City will not refund any dollars for SAC credits. 2. Multi use sites such as the mall or strip shops that are one site will have any credits kept site specific. 3. Total new use (demolition and new building) for residential and commercial will have any credits that are not used for the new application revert to city benefit and will pay sac charges for any increase in SAC units for the new use. 4. Industrial process change resulting in credits will be kept site specific. 5. Industrial physical facility change will be kept site specific. Action Move to set the following guidelines for staff to consider in making SAC credit determination. 1. City will not refund any dollars for SAC credits. 2. Multi use sites such as the mall or strip shops that are one site will have any credits kept site specific. 3. Total new use (demolition and new building) for residential and commercial will have any credits that are no: used for the new application revert to city benefit and will pay sac charges for any increase in SAC units for the new use. 4. Industrial process change resulting in credits will be kept site specific. 5. Industrial physical facility change will be kept site specific. Attachment #3 SAC and WAC fees paid on Brambilla' s existing site: 1. Aug. 1985 3 SAC and 3 WAC paid: 3 SAC @ $340. 00/ea. = $1020. 00 3 WAC @ $357 . 00/ea. = $1071. 00 2 . Oct. 1986 1 SAC and 1 WAC paid: 1 SAC = $380 . 00 1 WAC = $360. 00 3 . July 1988 3 SAC and 3 WAC paid: 3 SAC @ $440. 00/ea. = $1320. 00 3 WAC @ $381. 00/ea. = $1143 . 00 Total SAC Fees Collected = $2720. 00 WAC Fees Collected = $2574. 00 SAC and WAC Charges applied to new site (550 Valley Park Dr. ) 6 SAC @ $700. 00/ea. = $4200. 00 6 WAC @ $400. 00/ea. = $2400. 00 Alternatives 1. Refund unused sac credits to property owners. 2. Keep unused sac credits site specific. 3. Keep unused sac units for city benefit. 4. Combination of above. Recommendations The following criteria is suggested for guidelines to be used by staff in making SAC credit determinations. 1. City will not refund any dollars for SAC credits. 2. Multi use sites such as the mall or strip shops that are one site will have any credits kept site specific. 3. Total new use (demolition and new building) for residential and commercial will have any credits that are not used for the new application revert to city benefit and will pay sac charges for any increase in SAC units for the new use. 4. Industrial process change resulting in credits will be kept site specific. 5. Industrial physical facility change will be kept site specific. Action Move to set the following guidelines for staff to consider in making SAC credit determination. 1. City will not refund any dollars for SAC credits. 2. Multi use sites such as the mall or strip shops that are one site will have any credits kept site specific. 3. Total new use (demolition and new building) for residential and commercial will have any credits that are not used for the new application revert to city benefit and will pay sac charges for any increase in SAC units for the new use. 4. Industrial process change resulting in credits will be kept site specific. 5. Industrial physical facility change will be kept site specific. MEMO TO: Dennis Kraft, City Administrator }� FROM: Dave Hutton, Public Works Director /J�1 / SUBJECT: Traffic Signal County Road 17 and 10th Avenue DATE: November 13 , 1992 INTRODUCTION: Attached is Resolution No. 3710, which authorizes the appropriate City officials to execute a Cooperative Agreement with Scott County regarding the installation of traffic signals at County Road (C.R. ) 17 and 10th Avenue. BACKGROUND: The City Council previously requested that Scott County complete a traffic signal warrant study for the intersection of C.R. 17 and 10th Avenue. The results of that study indicated that traffic signals were warranted at this intersection. The County Engineer has now forwarded Cooperative Agreement No. TS- 92-17/10th regarding the funding for this signal to the City Council for approval. Basically, since two of the four legs of this intersection are City streets, the City will pay 50% of this signal per the Cooperative Agreement. Attached is a copy of the Cooperative Agreement for City Council consideration. This agreement is exactly the same as the one approved by the City Council in October, 1992 for the signal at C.R. 16 and C.R. 83 , which was reviewed and approved by the City Attorney. The only difference between the two agreements is the amount of funding. Staff recommends approval of this agreement. Attached is Resolution No. 3710, authorizing the execution of the Cooperative Agreement. ALTERNATIVES: 1. Adopt Resolution No. 3710. 2 . Deny Resolution No. 3710 . RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3710, A Resolution Authorizing the Execution of Cooperative Agreement No. TS 92-17/10th with Scott County for the Installation of Traffic Signals at the Intersection of County State Aid Highway 17 and 10th Avenue and move its adoption SCOTT COUNTY HIGHWAY DEPARTMENT 600 COUNTRY TRAIL EAST JORDAN, MN 55352-9339 (612) 496-8346 FAX (612) 496-8365 BRADLEY J.LARSON Highway Engineer DANIEL M.JOBE October 26 , 1992 Asst.Highway Engineer-Design DON D. PAULSON Asst.Highway Engineer-Construction Mr . Dave Hutton Director of Public Works City of Shakopee 129 East First Avenue Shakopee, MN 55379 Re : SAP 70-617-13 Traffic Signal System Dear Dave : Enclosed are the plans , specifications, and Cooperative Agreement for your review and approval for the above referenced project . Please sign the mylar cover sheet and both copies of the Cooperative Agreement . Upon County Board approval , one fully executed copy of the Agreement will be returned to you. If you have any questions or would like additional information, please contact this office . Sincerely, CSOXOt Scott M. Merkley Engineering Coordinator SMM/kmg Enc . cc : Brad Larson, Co . Hwy. Engr. An Equal Opportunity/Affirmative Action Employer RESOLUTION NO. 3710 A Resolution Authorizing The Execution Of Cooperative Agreement No. TS 92-17/10th With Scott County For The Installation Of Traffic Signals At The Intersection Of County State Aid Highway 17 And 10th Avenue WHEREAS, the City Council of Shakopee requested that Scott County perform a traffic signal warrant study for the intersection of County State Aid Highway 17 and 10th Avenue; and WHEREAS, the warrant study has been completed and a traffic signal is warranted at this intersection; and WHEREAS, the attached Cooperative Agreement No. TS 92-17/10th outlining the City ' s participation in the construction and operation of this traffic signal has been reviewed and approved by the City Council . NOW, THEREFORE BE IT RESOLVED that the appropriate City officials be hereby authorized to execute the attached agreement and forward it back to Scott County for their execution. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1992 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney Agreement No . TS 92-17/10th State Aid Project No . 70-517-13 CSAH 17 @ 10th Ave . City of Shakopee County of Scott AGREEMENT rnR PARTICIPATION IN THE CONSTRUCTION AND OPERATION OF TRAFFIC CONTROL SIGNAL SYSTEM AND INTEGRAL STREET LIGHT THIS AGREEMENT, Made and entered into this day of by and between the County of Scott , a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County" and the City of Shakopee, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City" . 1 WITNESSETH: WHEREAS, It is considered mutually desirable to install a full traffic actuated traffic control signal system with mast arms and integral street lights at the intersection of County State Aid Highway No. 17 and 10th Avenue within the City; and WHEREAS, The City has expressed its willingness to participate in the construction and operating cost of said signal system and integral street lights; and WHEREAS, Said work shall be carried out by the parties hereto under the provisions of Minn. Stat . Sec . 162 . 17 . -1- Agreement No . TS 92-17/10th NOW, THEREFORE, IT IS AGREED AS FOLLOWS : The County shall prepare the n..r•rcaa,-y plans , specifications, and proposals; shall perform the required engineering and inspection; and shall install , or cause the installation of a full-traffic actuated traffic control signal system with mast arms and integral street lights at the intersection of County State Aid Highway No . 17 and 10th Avenue . Such installation, as described immediately above, shall be identified and accomplished under State Aid Project No . 70-617-13 , hereinafter referred to as the "project" , all in accordance with said project plans and specifications which plans and specifications are by this reference made a part hereof. II The term specifications as used herein shall mean the 1988 Edition of the Minnesota Department of Transportation "Standard Specifications for Construction" and the project special provisions . III The City agrees that any City license required to perform electrical work within the City shall be issued to the Contractor or the County at no cost to the Contractor or the County. Electrical inspection fees shall be not more than those established by the State Board of Electricity in the most recently recorded Electrical Inspection Fee Schedule. Agreement No . TS 92-17/10th Tv The City shall install , or cause the installation of an adecuate three wire, 120/240 Volt, single phase, alternating current electrical power connection to the controller cabinet of the project at the sole cost and expense of the City. The City shall provide the electrical energy for the operation of the traffic control signal system and integral street lights to be installed under the project, all at the sole cost and expense of the City. The County shall advertise for bids for the construction of this project , receive and open bids pursuant to said advertisement and enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder, according to law in such case provided for counties . The contract is in form and includes the plans and specifications prepared by the County or its agents, which said plans and specifications are by reference made a part hereof . Vi The construction cost of the project shall be the contract cost . It is understood that the estimated construction cost stated hereinafter is for informational purposes only. -3- Agreement No. TS 92-17/10th The estimated construction. cost of this project is 578, 000 plus $12 , 000 for the traffic signal controller and cabinet purchased separately for a total cost of S90 , 000 . VII The City shall , as its share of the construction costs , pay the County fifty percent ( 50%) of the actual construction cost of the traffic control signal system with integral street lights, plus fifty percent ( 50%) of such share as payment for Engineering and Inspection of the State Aid Project No. 70-517-13 . VIII The City shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or timing of the aforesaid traffic control signal system; however, nothing herein shall be construed as restraint of prompt, prudent action by properly constituted authorities in situations where a part of such traffic control signal system may be directly involved in an emergency. IX Upon completion of the work, the County shall maintain and repair said traffic control signal system at the sole cost and expense of the County. Further, the County shall maintain the integral street lights for the City except for maintaining photoelectrical controls , relamping, glassware , and cleaning of the glassware thereof . -4- Agreement No. TS 92-17/10th X The construction of this project shall be under the supervision and direction of the County. However, the City Engineer shall cooperate with the County Engineer and his staff at their request to the extent necessary, but shall have no responsibility for the supervision of the work. XI Neither the County, its officers , agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the City for any claim, demand, action or cause of action of any kind or character arising out of , allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the City, or arising out of the negligence of any contractor under any contract let by the City for the performance of said work; and the City agrees to defend, save and keep said County, its officers, agents and employees ees harmless from all claims , demands , actions or causes of action arising out of negligent performance by the City, its officers , agents or employees . II It is further agreed that neither the City, its officers, agents or employees , either in their individual or official capacity, shall be responsible or liable in any manner to the County for any claim:, demand, -c- Agreement No. TS 92-17/10th action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the County, or arising out of the negligence of any contractor under any contract let by the County for the performance of said work; and the County agrees to defend, save and keep said City, its officers , agents and employees harmless from all claims , demands , actions or causes of action arising out of negligent performance by the County, its officers , agents or employees . XIII It is further agreed that each party to this agreement shall not be responsible or liable to the other or to any other person whomsoever for any claims, damages , actions, or causes of actions of any kind or character arising out of, allegedly arising out of or by reason of the performance; negligent performance or nonperformance of any work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in . connection with or by virtue of performance of its own work as provided herein . XIV It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or -6- Agreement No . TS 92-17/1Cth services required or provided herein to be performed by the City shall not be considered employees, agents or independent contractors of the County, and that any and all claims that may or might arise under the Workers ' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said City employees while so engaged any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the City shall in no way be the obligation or responsibility of the County. Any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees , agents or independent contractors of the City, and that any and all claims that may or might arise under the Workers ' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said County employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the County and shall in no way be the obligation or responsibility of the City. XV The provisions of Minn . Stat . Sec . 181 . 59 and of any applicable local ordinance relating to Civil Rights and discrimination and the affirmative -7- Agreement No . TS 92-17/10th State Aid Project No. 70-617-13 CSAH 17 @ 10th Ave . City of Shakopee County of Scott action policy statement of Scott County shall be considered a Tart of this agreement as though fully set forth herein. IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF SHAKOPEE By Mayor Date And Date COUNTY OF SCOTT ATTEST: By By County Administrator Chairman of Its County Board Date Date Upon proper execution, this agreement will be legally valid and binding. By County Attorney RECOMMENDED FOR APPROVAL : Date By County Engineer Date APPROVED AS TO EXECUTION : By County Attorney Date -8- C: R:\AGRMT\SIGNAL\R92753 10/06/1992 -14- 1 \ A Position : Accountant Department: Finance Accountable to: Finance Director Primary Objective of Position Assist the Finance Director in various phases of the operation of the department including maintaining required controls to assure sound accounting and reporting practices necessary for preparation of various financial reports. Also assists the City Administrator in the conduct of research and report preparation for the Administration Department. Examples of Work - Assist with the preparation of various financial reports and other reports and subsidiary schedules. - Assist with preparation of the annual budget. - Monitor monthly financial reports for completeness, accuracy and budget compliance and takes appropriate action including monthly input and reconciliations. - Keeps Finance Director informed of variations in accounting practices and other important observations as they are noted in the processing of accounting detail or otherwise. - Back up payroll processor in the absence of the primary processor. - Assist in the development and maintenance of departmental procedure and policy manuals. - Monitor and assist in utility billing processes, procedures and resolve complaints. - May provide work leadership to other accounting personnel. - Perform various research and reporting projects as assigned. - Assists in the preparation of grant applications. - Assists the City Administrator in the collective bargaining process. - Assists the City Administrator in the conduct of training for compliance with state and federally mandated programs. - Assists the City Administrator in surveys and performs comparative analysis of various local governmental operations. - Performs research and analysis in personnel related areas. - Attend meetings or training sessions in other locations on occasion. - Performs other duties, assumes other responsibilities as assigned or apparent. Knowledge, Skills and Ability Knowledge of governmental accounting, financing and record keeping procedures and practices. Ability to apply the principles, theories and concepts of accounting to the city's accounting system. Ability to establish and maintain effective working relationships and communications with employees, management and the general public. Ability to work independently and with initiative. Ability to conduct research, analyze facts, prepare and report conclusions, both orally and in writing. Ability to operate office machines and computers including Lotus 1-2-3, Word Perfect and other software with accuracy and reasonable speed. Training and Experience Bachelors degree in accounting. Experience in governmental accounting and financial operations desirable. Knowledge of local governmental operations desirable. It c-Th \ ic:ri i TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Filling New Position In The Finance Department DATE: October 30, 1992 Introduction When the 1992 Budget was adopted, it was planned to hire another employee in Finance towards the end of the year. One of the factors was in the planned timing was moving onto the new building. I am requesting authorization to begin the process of filling the position. Background When the 1992 budget was adopted, funding was included to hire another employee in finance later in the year. The 1993 proposed budget includes funding for the fourth position. The agreement with the county has been authorized by Council and the county board whereby the county will provide personnel services to the city at cost. Accordingly, I am requesting that Council authorization be given to have the county develop the posting, advertise and screen applications for this position. A proposed job description is attached. The Assistant City Administrator has contacted Labor Relations and the proposed position has tentatively been assigned a value of 75 points. The salary range for 75 points for an exempt position is $28,926 to $38,568. Staff will prepare an amendment to the pay plan to add the proposed position when a candidate is recommended to Council for hiring. Alternatives 1. Do not proceed to fill the position. 2. Modify the proposed job description. 3. Utilize the county personnel office to advertise and screen applications. 4. Proceed with filling the position without using the county services. Recommendation Proceed with filling the proposed position utilizing the county services. Action Requested Move to authorize advertising for the position of Accountant and utilize the services of the county Personnel Department for posting, advertising and screening of the applications. Position : Accountant Department: Finance Accountable to: Finance Director Primary Objective of Position Assist the Finance Director in various phases of the operation of the department including maintaining required controls to assure sound accounting and reporting practices necessary for preparation of various financial reports. Examples of Work - Assist with the preparation of various financial reports and other reports and subsidiary schedules. - Assist with preparation of the annual budget. - Monitor monthly financial reports for completeness, accuracy and budget compliance and takes appropriate action including monthly input and reconciliations. - Keeps Finance Director informed of variations in accounting practices and other important observations as they are noted in the processing of accounting detail or otherwise. - Back up payroll processor in the absence of the primary processor. - Assist in the development and maintenance of departmental procedure and policy manuals. - Monitor and assist in utility billing processes, procedures and resolve complaints. - Perform various research and reporting projects as assigned. - May provide work leadership to other accounting personnel. - Performs other duties, assumes other responsibilities as assigned or apparent. Knowledge, Skills and Ability Knowledge of governmental accounting, financing and record keeping procedures and practices. Ability to apply the principles, theories and concepts of accounting to the city's accounting system. Ability to establish and maintain effective working relationships and communications with employees, management and the general public. Ability to work independently and with initiative. Ability to analyze facts, prepare and report conclusions, both orally and in writing. Ability to operate office machines and computers including Lotus 1-2-3, Word Perfect and other software. Training and Experience Bachelors degree in accounting. Experience in governmental accounting and financial operations desirable. 44 e_ _ MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Hiring of Logo Design Consultant DATE: November 13 , 1992 INTRODUCTION: Earlier this year the City Council directed that Design Consultants be interviewed for the purpose of creating a new logo for the City of Shakopee. BACKGROUND: In response to the City Council's directive the City Administrator and Assistant City Administrator interviewed three design firms. The firms included: S. Mears Design of Prior Lake, Cottage Communications Public Relations and Advertising of Minnetonka and Marketing Arts, Inc. of Shakopee. There was some variation in the amount of experience that each firm had in the areas in which we were interested. There was some variation in the costs quoted. The least expensive firm, S. Mears Design, also had the least amount of experience in developing logos. The cost quoted by Steve Mears included an amount of $1200 for theme and concept development, logo design and letterhead and envelope layout and an additional $300 for the production of the logo, letterhead and envelope to camera ready art work. The second firm interviewed, Cottage Communications, has a more extensive background and has considerable experience in public relations and advertising. The cost estimate of Cottage Communications included an amount of $1500 to $2325 for a new theme and two color logo design, including a research meeting, two presentation meetings, initial concepting and design option preparation, along with the creation of a final logo and it's adaptation for a new letterhead, envelopes and camera ready art work, color break and printing specifications. This proposal also included an additional $244 in direct expenses for materials and supplies for a total estimated amount of $1744 to $2569. The third firm, Marketing Arts, is a local firm that has done an extensive amount of work for many corporate clients. This firm has the broadest capability in terms of being able to produce the logo design and art work that the City is interested in. All of the firms have done work for local businesses. The Marketing Arts process is as extensive in scope as the Cottage Communications proposal. RECOMMENDATION: It was the consensus of the interviewers that Marketing Arts would be able to do the best job for the City. Marketing Arts also is the most expensive at $2800 vs. a maximum of $2569 for Cottage Communications and $1500 for S. Mears Design. ACTION REQUESTED: Move to direct the appropriate City officials to enter into an agreement with Marketing Arts Inc. for design services and the creation of a logo for the City of Shakopee. MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Hiring of Logo Design Consultant DATE: November 13 , 1992 INTRODUCTION: Earlier this year the City Council directed that Design Consultants be interviewed for the purpose of creating a new logo for the City of Shakopee. BACKGROUND: In response to the City Council ' s directive the City Administrator and Assistant City Administrator interviewed three design firms. The firms included: S. Mears Design of Prior Lake, Cottage Communications Public Relations and Advertising of Minnetonka and Marketing Arts, Inc. of Shakopee. There was some variation in the amount of experience that each firm had in the areas in which we were interested. There was some variation in the costs quoted. The least expensive firm, S. Mears Design, also had the least amount of experience in developing logos. The cost quoted by Steve Mears included an amount of $1200 for theme and concept development, logo design and letterhead and envelope layout and an additional $300 for the production of the logo, letterhead and envelope to camera ready art work. The second firm interviewed, Cottage Communications, has a more extensive background and has considerable experience in public relations and advertising. The cost estimate of Cottage Communications included an amount of $1500 to $2325 for a new theme and two color logo design, including a research meeting, two presentation meetings, initial concepting and design option preparation, along with the creation of a final logo and it's adaptation for a new letterhead, envelopes and camera ready art work, color break and printing specifications. This proposal also included an additional $244 in direct expenses for materials and supplies for a total estimated amount of $1744 to $2569 . The third firm, Marketing Arts, is a local firm that has done an extensive amount of work for many corporate clients. This firm has the broadest capability in terms of being able to produce the logo design and art work that the City is interested in. All of the firms have done work for local businesses. The Marketing Arts process is as extensive in scope as the Cottage Communications proposal. RECOMMENDATION: It was the consensus of the interviewers that Marketing Arts would be able to do the best job for the City. Marketing Arts also is the most expensive at $2800 vs. a maximum of $2569 for Cottage Communications and $1500 for S. Mears Design. ACTION REQUESTED: Move to direct the appropriate City officials to enter into an agreement with Marketing Arts Inc. for design services and the creation of a logo for the City of Shakopee. �A Ili CO JSENT MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Bloomington Ferry Bridge DATE: November 13 , 1992 INTRODUCTION & BACKGROUND: Staff has received a request from the contractor working on the Bloomington Ferry Bridge to grant a variance on the City Noise Ordinance. The contractor is requesting permission to work from 6: 00 A.M. to 11: 00 P.M. in order to make use of double shifts for the pile driving. The current City noise ordinance allows construction to occur between 7 : 00 A.M. and 10: 00 P.M. , so the request would be for 1 additional hour in the morning and 1 additional hour at night. Mn/DOT and Scott County both support this request. The contractor has over 240, 000 feet (45 miles) of piling to drive for this project and it would be extremely advantageous to have full use of a double shift. Attached is a letter of support from Mn/DOT. The area of construction is not near any residential areas of Shakopee and to date staff has not received any noise complaints from Shakopee residents on this project. ACTION REQUESTED: Move to grant a waiver on the City of Shakopee Noise Ordinance to Lunda Construction, to allow construction to occur on the Bloomington Ferry Bridge between the hours of 6: 00 A.M. to 11: 00 P.M. DEH/pmp BRIDGE EDEN PRAIRIE RES '1TtL :01= 941-5451 Nov 13 ,92 Q :70Pln .001 P .02 �\Nht Sv.q Ms inesoia $' Depart Ment of Transportation Me,t opolitan District e 4.4 Coiistruction Resident Office rOF Igo° 7133 Bryant Lake Drive Filen PFairie, CMN 55344 �► :. .' i November 1 '5 , i4i2 Mr . L'?r.':` Hutton, Y . F.. P b 1 Wc.rks Director : City Enq, neer 12? cast. F'irt Avenue shakopec' , MN 55379 Re; S. F. 2T, -618-67 South Approach Spans Bloomington Ferry River Bridge Dear Dave, Lunda Construction Company has 240, 000 lineal feet (45+ miles; of pile to drive an the above referenced Contract . In order for Lunda to meet the fall 3994 project completion date it is necessary that they work extended hours. They would like to e,chedule two work shifts from 6: 00 a .m. to 11 : 00 p.m. As you are aware, the bridge site is in a non-residential setting. I believe it would be advantageous to grant Lunda Constructi:?r. Company the privilege of working the hours they requ . '.:ted. Sincerely , f Richard L. iWppen cath, . F. Resident L71gineer cc: File RLH:ac An Equal Opportunity Employer ll� BOX` 669/or BLACNS K`RIYER FALLS • • TELEPHONE`(715). 284-9491LUNDA FAX 8 (S 5284'9 46 54615 s • •i•-•---•-mIU BRIDGES • PILE DRIVING • DAMS November 13 , 1992 Twin Cities Office 15601 Clayton Ave . Rosemount , MN 55068 Dave Hutton, P.E. Public Works Director/City Engineer 129 East First Avenue Shakopee , MN 55379 RE: S . P . 27-618-62 South Approach Spans Bloomington Ferry River Bridge Dear Dave : The above referenced project has a Fall of 1994 completion date . In order to meet this deadline we will be working extended hours . We plan a double shift for our piling operation starting at 6 :00 AM to 11 :00 PM. We anticipate completing the piling operation by Fall of 1993 . We would like to request a variance to your noise ordinance in order to meet our goals . I can be reached at our Rosemount office . Very truly yours , LUNDA CONSTRUCTION COMPANY ` (f rte' Ronald M. Berg AN EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER a\NNESOT9 Minnesota r° "o Department of Transportation p r Metropolitan District Construction Resident Office �� OF TRP���O 7333 Bryant Lake Drive Eden Prairie, MN 55344 612-341-7427 November 13 , 1992 Mr. Dave Hutton, P.E. Public Works Director/City Engineer 129 East First Avenue Shakopee, MN 55379 Re: S.P. 27-618-62 South Approach Spans Bloomington Ferry River Bridge Dear Dave, Lunda Construction Company has 240, 000 lineal feet (45+ miles) of pile to drive on the above referenced Contract. In order for Lunda to meet the fall 1994 project completion date it is necessary that they work extended hours. They would like to schedule two work shifts from 6: 00 a.m. to 11: 00 p.m. As you are aware, the bridge site is in a non-residential setting. I believe it would be advantageous to grant Lunda Construction Company the privilege of working the hours they requested. Sincerely, r CLi X. tk.-rf =' Richard L. Hoppenrath, P.E. Resident Engineer cc: File RLH:ac An Equal Opportunity Employer 1/ 6 CONSENT There are no anticipated "budget versus actual expenditure" problems within division totals apparent at this point (10/30/92) . C) (') 2 0 F n F AL' AZ". AL.' AL.., AL.) 7i1 C 1F. r r * r -4• r ^''r r K r � r * r * •O •0 .o C0 Z F F F VF V F V F V F F V F V a^ V as V C' 7C H CO -, v V -4 V V CT ago N Z r 0 •O ao F w N O p C) H. ! rrr r r r r r C) 2 rrr I-, I-. r r '0 •0 2 Cil •0 •0 •0 •O •O 40 •0 •O '0 •O •O •O •O •0 •0 •0 NO •0 Cr1 C) •o •o •o •o •0 •O •o •0 •) •0 •O •c •) •0) •o N N N N N N N N N N N N N N N N N N C) 7C \\\ \\ \ \ \ \\ \\\ \ \ \ \ \ 74 rrr I-. t-. r r r 1--. p--. rrr r r r rrr r r r r r r r rrr r r r C) \ \\ \\ \ \ \ \\ \\\ \ \ \ \ 9 rrr r r r 0 0 0 0 0 0 0 o O O 0 O H H cn 0 0 0 0 0 0 v' v' v' co v' v' k" t" U' SO •o •O Cr7 H Cil <A N C) 70 r r = Cr, <A <A <A <A <A <A N N 7C "r1 <A <A r r •O r co r .(/) -co <A <A W W 7' F .r..- 0 0 40 0 Cb -4 aD •o w w (....) - H <AV)N <A- - <A <A in< <A W N r <A <A V V F F 0 (.../ C• V' W r 0 F F •O •o <) <A <A G) co ld = v' V W W N 0 -4 -4 F F as as -4 •O -4 -4 V co r C• Cm 0 O W W W W r r 0 V r F V CO •O V V •O •0 •O •0 0 v' V' •o as v' V v' v' N N V V 0 0 W W 2 0 H V 0` w 0 N.) 0 0 •0 •0 F F 0 0 0 v' a7 F w r--. I— -4 -4 F F V V 0 0 H C W F r N a, F V1 v N N F F 0 0 0 •0 F F r •0 •O C• ON W W Cr. C• ' v' * * * * * * * * * W C C C CCA v) 9 VC) 'v tzl C2:7 0 0 CN') xx '0 0 0 0 0 0 H = m 7, 7, A .0 � l) 0 '0 C0 C) Q" 70 0 0 Cil Cil Cr1 sl .3H CA C N Pi [r1 tml Cr1 l'21 = Z H r 9 E H H H C) 'i7 C) R' a Z Z Z 0 cl r V9) V) CHr1 CHr1 71 9 7A 0 Z C=1 a0 HH H H 71 7100 00 CO r C 9W 0 71 r r4 C-' r 0 C) Z 9 9 9 9 Cil C)) 7d 9 Z F 0 0 C) C) c) Z Z Z CA Z H 0 Z o O 0 7C 7C 74 "o C 71 7:SI 0 C C H '3 C9) H '3 CA CA CA x 0 CO roro "a 7' 70 2 H M 0 0 0 aaa 0 H 9 � •re � 00 Zr 000 74 0 0 '-3 C) C) 'o 'i1 'v 'b 0 0 Cil tr1 Ca C1 1 N C21 Si 71 71 71 71 Cr1 03 Cy H N -4 CA CD 2 'i) "r1 .0 .0 .O C C Cr1 w v' 9 C CT1 H H H CCC H H r r �+ C) 73 C C) H H H 1-4 t-, H r rCr1 0 a° C) Cir, CC)1-4 9 "0 z .o ZXX 0 2 0 2Z 9ro9 r-1 9 tt, C171 zz 0 0 9H 709 •C 9 PC o '3 '3ZZH pp 710C r9C C0090 to tri C/3 fil rzl .ernes 71 ct)0 7d H ZZZ HH = 090 "00 H H H 9 r 71 t=1 71 73 H 71 Z • a 9 71 Z ZZz Cl) C) C) C) SItTltil 0 0 0 0 o 0 •0 •0 0 0 •0 'o •O 0 •o •o `o •o w F F F r w ao 00 V V CO OD 0 F CO 0 0 a Z > N 1rN F. CO r r r I-. I-, rrr N r o 0 H 0 2 CI rrCs t-• 1-. r 0 O rr 0 0 0 V 0 r I I I I I I I rp p F F F F F F Na N W F N N Na F N W N N Cif C N N N N N w r r V w rrr N r 0' Na N 7o Z F F F w c..3 N V CO c.) ao ,.1 V V r V Na 0 0 H 0 0 o 0 O r ao w 0 t" F U) r v' N 0 0 O 0 0 0 r 1-+ 0 r r v' v' r r r 0 r 0 0 0 000 v.) L4 o w v 1— 1— '.a cam 0 w o 0 o i--' 00o Nr 0 0 0 -4 V 000 0 0 0 0 0 Z r r r 03 Co r 03 07 0 0 0 0 < vs v' U' r as kis r r O 0 0 0 0 0 0 0 r •r0 •r0 ao F V' ca n N N Cn z 0 z C Z ro co 0 til 70 V a) H H H H H M H H H H "3 H Z 00 x = S S = 0 b ro "0 ro ro b .0 "0 b %n 70 73 9 r r Q n n V r A4- A4- nV r A r - i- * r n r A r c0 0 r .- r V r V r r V r r r V r V 4" n 0 'o so Co V r V r V r 74 n Coao � P--' 0 .O OD V co co r co co Co 0 Z H 0 r rrr r r r r r rrr r n V0 � b ‘O `O NO NO NO NO NO NO '0 r C) x 1/40 10 '.O sQ 10 so so .p `O `O '.O 1O '.O x 0n N N N N N) N) .O N) N) N) C17 n \\\ \ N \\ 7C r r r r r r r \\\ \ \\ \ 7C r' r r r r 1--. r r r r I-. ;p \\\ \ r r r r r r r r r I—\ \ H \\\ \ \ \\ \ \\ 9 I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 H F.., 0 0 0 CA cn H C=9 n ;v x C=) N N n Pq "c1 <I) N N V) <n W W r r N N N) I- V) N <n <a N -co PO 0r <n </) ON CA r r W W v+ tv+ CA GD N Q. Vto r r '.0 NO r <0 <nQ' 0 -' '. Q` . .o 00" " r-' • , '. •uN •v• 'N • .0 •a• DNrC • • • • • • • • • • • • • Z- WDrW Q • zO ral CO 0 r r CO CO r r- 0 0 r ., '.D V 0 0 NO NO V r CVI 0 an rW 1--. r r r 0 0 r v+ r v+ W r 0 r ON" 00 00• r r• (sow* * * * r > a a 09 c on `) H C) s n 09 0 w so � cncn "Al 0 H aaa a 0 co to PC PZ/ a c c r gg ►< v� v3cn rn SI p 0o N zzz z x c 'v 0 X' Cncn Z nn - E H SI SI C el CI 09 09 X Cl)) Cl) 'H3 Z 'O rrr :U 0 0 sr C co Z 01f 0 Z 1-4 0 0 0 x 74 C17 r Si" pc Cl) Z 70 Po 1-1 09 n n n n r r z r � H � a 0 M 0 0 0 0 o m r r ►< •e 0 0 0 0 0 m 'til n Co ol c, Cl) "v00Pro1 '0 MI .0 70 0 000 0 .0 ' b H ^0otAl a 9 a ~ Z '=f r r t- o cin 0 Cjf ,rolTl C:f C HHH H H M �H-i 0 000 70 M 9 y 1-3 Z Cr) Z C=) Z Z Z H 09 H H '-C H Si 0Z0Z0ZZZZ \ ZcC) C) 'c Z 0 0H00 H H 0 Cn 017 b [Al H C C C "O c\n O Cil Ci) 0r Cl) = n ml b b "o ro Z H C) z Z z CZn r , C C C C � rrr r r H Cl) HHH \ z bb SI bz b H H H H H 0 b SI SI C=) SI CI Z z \ 09 Z H H Cr) H 01) H Ci) Cn Cn Cn Cl) n Z H H > al) v) Crnn 9 Z z z Cr) H H SI SI Z '-4 H 0 z z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0rU Q' 4> W W r rrr r r Wan r 4, 4,...) Za r r r N r VI r V CO CO N ON r N r N r r 0 n r r r N r r N Z n I I I I I I �-' r N .o r r r r � r N ' , 4' 4' I I I Cp 0 I-. r r C-) 4--. A VI U' N N)N r N N N W N N 09 z 0 0 0 0 0 0U U U W r r r 0 0 O O O O v+ O O O O O O H 0 0 0 r0 0 r O N N) N O r O O O O O 0 0 0 N 0 0 0 0 0 0 1 . O OD OD aD 0 V 0 0 0 0 0 Z H r r 0 r r O t.-.1V"44 0 W O O 0 0o Z V) V+ V+ Ca) VI V )"' V V '0 r N r r r r r < V V V VI VI sO '0 �G V' N V+ ND .lj.0- 0 0 0 � VI H H H W r W N r O O H n C=7 z 0 z w 0 siz b xxx 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 z w x x xxx x x x x x x x C m a r N C) C) /� x 0 r ^ r * r Ar �J r A r A r A r %C r n Z r V r • r V r V r V r V r V r pg n .O .O .O .O .O .O .O .O •O H • .O co v C` U' r w N r ZZ r c) rr. I- r r rrr rrrr-+ rrrrr r-. r rrrrr 0 •O •O •O •O •O .O .O .O .O .O .O •O .O .O .o •O .O .O .O •O •O •O .O .O x m .O .o •O •O •O •O .O .a •O .O .O .O .O •O .o .O .O .O •O •O .O •O .O •O m n N N N N N N N N N N N N N N N N N Na N N N N N N C) 7C \\ \ \ \ \\\ \\\\\\\\\ \ \ \\\\\ 7C I--. I-• r r r rr-rI rrrrrrrrr r f.• rr r r r r r r r r r r r r r r r r I-' Ir r h-' r C CO \\ \ \ \ \\\ \\\\\\\\\ \ \ \\\\\ 9 C) ✓ r r r r r r r f.. r r r r r r r r r r r r r r r H H O 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O 0 O O rn Cl) M C) 0% = m NN NN C) I-. h. CM cm 70 m r r 00 -4 -4 73 - - H N N N N N _ _ N D. _ ✓) •O .O N'Cl) N N r N r N N V) N N N HH CO0o r NN N Z N N r r r r C. C. N N r O C. -co r N V) <I) r -Cl) -J Co Na N r r Na N r r N Cm O ✓ C. .O .O N Na C. C• co r -J .O r -J N w .J V+ Na .O 0 Na .J .J V+ kJ, .J w .D C• w N Z z N -J .O .O Vt LA C. C. w C. 0 .J O r CO .O r r V+ O lJ w U' VI w w r -J CO r Co .J 3 C -J w r r O O r r r O r 0 Co C. co V+ V+ r C` V+ O V O O w w N h. Co Co N Na x' * * * * h.w ..... = x C) 7C) C) O O C) C) 0 0 C) C) C) C) G) '11 m MMMMMMMM r 0% 0 9 z 2 2 MMMMMMMMM 222222222 1-1 Z Hril CA CA CA rol .o el D. C) .-3 r3 .3 H .3 Na O O 0% my H H Ha Z 7C ZZ H H 70 ZZZ 'rl 'r1 .il .il "17 .r1 ,il .,h 'il C) CA - CA CA C Z CT/ m m m 'il 'i1 'i1 '11 'j1 ml 'il "71 ml m O 2 2 2 Z Z C C CA C 'V '0 ro n 4-4 n n C) C) C) C) CH) ft' Z C7 CV C7 C7 C7 Co CV d c. D. 9 D. m m m m m m m m m cl 74 m C) O C C C C C C=1 r z m m3 .3.33 'V .0 ro ro ro ro ro ro ►C1 0 2 C) C) G) C) C) 2 r C) tv O 00000000 N u,H C) CD C) C7 CV C7 C7 C C7 CV r7 CD PO MC O O O CA CA CA CA CA CA CA O CA Z Z C) C) C) C) C) C) C) c) C) CA C) . O O O O O O O O O a ro CM O Cil H '-v 7.703 Cn O C11 0 0 0 0 0 0 0 0 0 Cl) H M .0 m0 O O my Croi1 C x O 9 .0 .0C Cro11 [romy il M [roil m m Cil m Cil a) 'o C O O Cros1 Cr1 3! ..11 o M CM < CM b3! b 3! 3! 3! 3! 3! 3! 3! 3! 3! C o b � Cmy � � H Z C Cl) r Z .3Z HHHHH ►3HHr3 70 C ZCACAHH H m CT) C/) \ Cil 4-4 Cil H H H H H H H H H H ril ri1 C!) Cl) H H Z Z Z H Cr) ZZZ ZZZZZZZZZ ro Z Z H H Z Z 0 0 .3 Z 0 CH H O C) C) C) 0 C) C) C) C) C) H Z Z Z"3rn O O O Cl) CRH 9 v) cn CA a) a) O v) v) O N O p-49 9 CA CA C) Cl) r H C = = a = c = z C/) t- r-' CC 7d ro H CA H 'V H ro ro ro ro ro ro 'S7 'V 'V Cl) H My MI H M z Cl) ►3 2 'V z m 'o ro 'V 'V ro 'V MD .0 \ 2 Cn V) Po ro ro r4 .3 rig m .-3r ►3 rrrrrrrrr 'V ammrr .-3 H m m 2 Cil H Cil H H H H H H H H H C m 70 7d H H H m2 C C) zmz rilrilmmmmmmm ea z4Cmm O Cl) - H m 9 CA D. CA CA CA CA C/) CA C/) CA CA H Z n n CA CA Z � C C U5 ri1 A m m c-) � � H 0 z O O C. O O O O O 0 0 0 0 0 0 0 0 0 0 C. O O O O O CC. LA r w wrr h. 4, mD h. h. h. co CM co r V+ wwwrw Z 9 H N •O N w Na r r -J N r r -J w r r r C. co r r r -J w Z C) CON r r r rrr C. ). 1-+ 1Nrrwrr r .O NhNrr C) i i I i i i i i i i i i 1 I i I I i i CT! O r r r r r r r r r r r r r r r r r r r r r r r r m C N N U' w w N N N N N N N N N N N N r V+ N w w N N 70 2 ✓ r w r w r r r r r r r r r r r r w w r r r r r `-3 00 0 0 0 O O O O O O o O O 0 O 0 V+ O 0 0 0 0 0 O O O N O O O O O O O O O O O O O O O O O O O O O O 0 r O O O O O O O O O O O O O 0 0 0 0 0 0 0 H O O O 0 0 O O O O O O O O O O O O 0 O O O O O O 2 ✓ r r 0 r r r r r r r r r r r r r r r r r r r r C C. C. C. VA C. C. C. C. C. C. 0. T C. C. C. C\ C. VA LA to LA LA LA CP O U' VI -J co N r r r Co O O O O O O O O •O Co -4 -4 -4 -4 -4 n La m Z 0 z COgM O M 3 b w O O 0 O 0 O O O O O O O O O O O O O O O O O O O z 00 x CC 2 = 2 C C C = = = = = = = = = = C = = = = = 9 r w w o 0 V v+ ' t/' ' tr * tr V i-t.rv+ V v+ * I-' R. r I- ^ p'' A � C)A SI z I- r 0 O O O V v 0 0 v o v 1 f., ouo CO -4 ON O O 0 w 0 o z r 0 I- r r r I-. I-. r r r r c') to .0 .p '0 N0 '0 '0 NO r r C') t71 '0 %0 '.0 '.0 '0 ,p s0 '0 tC mO '0 '-0 %0 s 0 �O N) to N) N) N0 N) N) N) N N N N N N N N N N N N N N N 0 PCC r r r r r \\ \\ \ \ \ \\ 7C r r r r r r r r r PC r \ r r \ \\ \\ \ \\ 9 4 I-' rr r r r r r r r r r y H 0 0 0 0 0 0 O O O O 0 0 0 O O Cr1 Cl) H Cr1 C) ;U s N-CO Crl I-. I-. n w w DC N to N N > H NN '0 '0 NN w w <A </) -Cl) NN NN N N N4) {/) </) N N CO CO N N N N N -Cl) CM 0' r r <A A N N r r P. Jr N N r <A -Cl) w 0 VI U' -.0 -0 t 4, i, 1, ON 0' O' CD i, O 1, MO 0 %O 1� A 1, F V V A Co ON r C Z O O O O CM CM r r CO 00 O O 0 0 0 0 0 0 .J r Z 0 O0 o 0 .J v 1.-. I--. OD CO 0O rr0 OOo A 1 v.i c'-:; O OO 000 0 H C * * * * w Z Z m oo = m tics ,� c oz 0 z z Cr1 COCz z z 0 ►3 H z z z SI SI Cri SI Cr" ,-0 N Z N a c .�to a > CI C3 "' Cn x Cr1 x by 0 H .-4 Co o Cl) Cr) ty Za s �`' Cl) 0 0 0 z 4 z b z z Po cn cn z zz cn Cn z r SI s 0 P-3v o 7:1 c 7 M H '17 'y C7 H Cr1 H Cr1 b H '-3 = Cr1 Cl) Cr1 b Cr1 Si Cr1 b a a 0 ^S - a F, a O a C C/2 'A H C H 'r1 H H 0 z r z cn Sl SI 74 b M ro C) 'O PT) SI z ccnn z C) c\i) '=i z c� z v) rzn ezrl Cm y as H O a s � H 9 H 0 1-1 H H COr1 Cl)1-3 ' H H H r (43 0r1 Ca" g ."o H Cl) H I?' Z Cr1 Z z z Cr) CTI S1H Cl) H H z H Cl) z z .-,0 SI z m Po z z a 1-3 ►3 73 73 CTI ,I y a � a c o o w z a s a s z z z o cr1 hn 7o a C) C) SI 00 z cI zz aCr1 SI SISI z SI SI H Cl) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Vi O' A W r r A r .0- C` r A w N) I-' N) rF-' r w N .0 N O' N r z C7 I--. r 1,-- 1.-- N N r r r cm n3 C n W C 04, 1-* 4, r r r r r A I r r CM 4, N w W w N N V N (..3 N N 'O Z w A w A r w w N 1, N0 0 HV' 0 0 0 0 0 0 0 N 0 0 0 0 0 0 0 0 0 0 0 0 N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 co 0 0 0 0 0 0 r, 0 `o O O O O O O o 0 O O H I- r %0 r I--. I-.. I-. I-. OO z '0 V V .J to V V V CM ON � or+ CM 0' 0' 0 k" t'' N t-' r '0 '0 0 w co0%a 0' 0 H o Cr1 z 0 z 0 Z Pa Co O SI PC b al 0 0 z 0 0 o 0 0 0 0 0 0 0 0 o z 000 s s s s s s s s s s a m a r r n n ` x O / r I /s‘, r n r n r n r n r n r n r r Cr1 c r ; r %'r rH rrrV.titNAV vlV ulVV v+N r Hrrr r H rr NO CO V ON VI r W Nr r r r r r r r r r r r r r r r r H rVo sD to vO sO sD sO ,D vO VD sO vO t0 sO VD •D vD ‘O sOVO VD vD VD VO VD sO VO VO VO VD VD s.0 vO Vo VD VD vD VDN N N N N N N N N N N N N N N N N N N\ \\\\\\\\ \\\ \ \ \ \\ \ \r r r r r r r r r r r r r r r H r r rr rrrrrrrr rrr H r r rr r r\ \\\\\\\\ \\\ \ \ \ \\ \ \r r r r r r r r r r r r H r r r r r rO 00000000 0 0 0 O O O O O O O til ;11 n ai C rr7 C] 7C ml 70 <A N <A N N <A N N <A N 4) lA to 9 I-1 r r N N O% -CO rA r to I-. N r to to r r N V) to <A N N N N to <A x - Vo 'O r r VO N I- CT r W r 0 to ON r <A V) CP CT t.J U+J CO 03 V <A V U' L r r 0 CO CD W W 0 N V+ VI •O 'D W CT Co W V V V VI v+ 0 0 CO CO CO V - CO CO CO CO Z 0 UI V+ 0 0 O. 'D CO N N V+ 0 U' N NO 43 'D 'D V V 0 0 V V N 0 N VI to as as .03 c W W 0 0 r N W r V VI . r VI N r 'O 'D I- r 0 0 O+ O. r O r Co co W W W Z Z Z Z Z Z Z Z = = Z Z Z Z Z Z z g g Z H I-1 H I-I H H H H H H H H H Cr1 n r Z ZZZZZZZZ Z Z Z 0 o-'3 .0 PO PC 75 n `D C5 Z ZZZZZZZZ Z Z Z E 7d C H H hl .0 `o) O Crl Cr1 [r1 til SI Cr1 Cr1 Cr1 C71 SI 0 H ..0 ..< b C n Cn C) C) 0 C) C) 0 CI C) n c) n cn K1 r��c - - O rzl - oCiI til H H n C/) n C' N cn cn v) r Z H 9 n n n n n n n n El El i/ n ffZ 0 .. 00000000 c9 - Cm < `n tri Cmc .0 z Z z z o Cvr H 1, tr1 01 0 0 y 0 9 0 7C N Z t. z = H C/3 n Z CA 0 . C H Z 7d 'b r ' 'd r o-4 O O C C C c C C C c b b ro 0 n 1-3 n1 H OSICJ] Cr1 H I1 H H H H H H0 O 0 Cil Z I"J C' C rrrrrrrr '11 �r1 �1 c zc I-1 79� H H H H H H H H r+1 Cr1 Cr1 til [r1 H CC" H MS H H H H H H H R H 3 C/5C/5C/5 H PO r H H .4 ►C o-4 ►C ►4 .0 .4 o-C Cn Cn Cn H Cr1 \ Z\ H Cr1 H H H Z Z CA C) Ci) Z Z C,7 Z Z CA cn CA N CA N cn Cn O 0 O C) n C \ C O H N Cr1 tri Cr1 SI tri Cr1 Cr1 Cr1 Z Z Z C71 CO ..0tO CJI CA 7d PO 7d 7ZI7' 7d 7D 7d 9 9 9 Cl) \ Cn C to Cf) 3C n C C c c c c c c c C r r r C Cn I-1 to I-4 C > 7�1 .d IV 1-1 4-I H H H H H H b n Cn r CI) o-C H H 'ID .o nnnnnnnn CCnCn 'v x H HH .0 Z 'd ✓ r rr1 SI C' S CAI Cr1 C'<7 tri to Cil [r1 r 0 CC CO SI r 1-3 •3 H 1-I DO 71 :U 4-4 0 Z x Z I-1 Cr1 4-I C C C r r C) i-+ n C4 Z 0 y C H H H v) Crf Z Crf Cn Z Z n n n -3 n SI CI C'1 n Nay to H z H z 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 O 0 W r ON CA I--. ON W r W r W 1- r r r Orn r 1-- r r Z 9 r O` N I-. CO r N N r CO I- N N CO V r ON ON ON N C n N r CA I-. I-' r r P- r N r ON 4- r r r r r r CT 0 I I IIIIIIII I I I I I I I I r CO C ✓ r r r r r r r r r r r r r r r r r r N N W W W W W W W W W co W N W W W W N N 73 Z I-... r CO CO 00 C10 CO C10 CO C0 r r r r VD W VI W r r H o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O CO I'-I 0 O 0 0 0 0 0 0 0 0 O O 0 0 O O O 0 O N Z I-• r r r r r r r r r r r r r r r r r r N < V CO V V V V V V V V V V V 'D CO 00 CO 03 CO .D 0 'o %D CO CO CO CA CO CO CO CO V V V 0 O ON CO CO N H n Cr1 Z 0 Z R b W O C=1 73 g l 0 0 0 0 0 0 0 0 0 0 O 0 O O 0 0 O 0 0 0 Z o T = S s S x T s 2 S .T, x S 5 S C S = = = 9 r LJ' 0 0 .p. A 1' A 1" A •L`• A r r ' r V I-. V r * 4'' n r n 4' /* r /' r Com +) 0 vJ vi VI v+ V v+ V v+ V v' V vvi V .V PCC n vi W N N N N N N N N . r 0 .0 CO V as v+ W N z C. O r r r r r r r r r r 0 I-. r r r r r r r r r C) x .o .o .o .0 .o .o .0 .o .o .0 .o .0 .o .0 .o .o .o .0 .o .0 S SI .0 .0 .D .o .0 .0 .o .0 .0 .O .o .o .o .o .o .o .0 .0 .0 .0 Cr, C) N.) N.) N N N N N.) Na N N N N N N N N N N N N C7 74 N, � \ 74 r rr rrr r rr 1--. 1--. r rrrr r r rr f-. ;a r rrrrr I rr- r rrrr r r rr r p CI N, \ > C) r r r r r r 1-- r rr r r r r r r r r r r r H 1-1 0 00000 0 0 0 0 0 0000 0 0 0 0 0 Cr, 0 H SI C] ;O x to r <n to r <n v) <n 0 r r 0 ca w c.> N 7C '=1 N N . y y {A -CON {pNN N -CO N <1> <I) > N c..) W a, V V 0 r 0 v. N N V+ Na N <0 N l„J I- H j/) 0 O ao as N N x _ 0o 0o co N V 0 a. N C, .0 C, V+ •0 V+ Vi V+ CO a, W <o V V V V+ In A N vi 0. w 0 0, C. W A W r r N I- a, VI 0 V W 4, t v+ VI v+ CO r N N N N N a, V+ W (..3 0. 0. ...i. vi v+ a, NJ VI 0, r v+ CO 0 00 .o .0 0 •0 i, CO .0 -J 0% •- Cr,, 0 J v+ vJ Z C c.) t.) N 0 a, CO v+ w 0 0 0 0 0 0 r-' r aD r r w vi 0 0 0 O a) O co w w * * * * * * 1-- t...)w .12 O 0 0 0 0 0 Z z z Z z Z x x x z x Z x x 00 Cr, C' a 0000 0 Z ZZ Z r 'r1 Ci) C/) Cn Cn Cn C C E E H H H H H N n > >74 C nn r 0000 C/) 0-3 CV CV CI .'Oo 2, Q+ Sr Sin Si" .T1 .11 2 2 a ro 'v b b 'Tf rr HH x > aaa Cf HH > 0 Vii C� C//)) C� � 0 CI 72 '72 :� :� ^� :o > H O O .>C Co 7C 7C .0 •C VHf Cy C/HJ C/) z C C 0 0 0 0 0 Ch Cn 73 X H z A H C7 C7 C) C7 0 H H P-I H H ZO OZ k H 3k C C tri 00 x Z Z Z Z Z V) Ln0 N z z n o o n ° H H 0 C C Cr, CT, p .b .0 'A 0 C7 0 C7 CII tri Cil C=f O b C x x 0 C 0 0 0 0 0'72 0 0 0 0 C C C C Co�ri7 0 1-4Z H H Cd x c C C/1 V.0 rri LI1 SI /1 C2 C7 0 C) x x x x H C//I Z Off Crf ti Cn Cn 0 '^ x 5 C 03 td Cr] CM h1 ti H Z 1-1 I-1 f-1 F-1 1--1 H 00000 XX 73Xs H •z-3 - 0-3 CI 0 SI SISI Cl cn > > > > > CCT1CCd tOrJ � rrrrr > » > a Z ,� N � c z M 03 03 03 03 > > > > Z Z Z Z CA .>c a" �' .0 H L.2, SI Cr1 S/ LTJ .e .0 .0 •C H H H r S/H > L.-. '3 %n 73 73 73 73 > > 9 > SI SI SI Cn ,..., Pa CO COW COW z Z Z z C=f C C C J-1 0 C C C C C 1•-11-1 H H1-1 t-' r' r" r" > > > > N H 73 LT) � VI z C) C7 0 0 C7 C=f Crf Cr, SI Z Z Z Z C7 H H Cr, Cr, Crf CM Cif r./) r) V) C/J 0 tdrdSICI 0 CI � cn cn > > z z H H Cn Cn 0 a. a% a` C. O, .0 .0 ,0 d 0 0 0 0 0 0 c.) VI V+ VI VI VI CO Co co co w 0, .• w O� 0 r .o V r w z > r .o .O N CO CO 0. A t'. . r N 1, N A N W SI N N C 0 H V rr V1 .0 00 00 r v+ r r r vt 0 rr r x C) I S I I I I CO 0 l� 1, 1, 1' - A N N N N A A 1, F r 0, N 4, 4- 1, Cr, C V+ (..31...) ‘..341 (..3 N N) Na N N N N N N W r N N N Pa Z r r r r r r V N N r H O O O O O O O O O O o o o o O 0 0 0 0 0 v+ N n) 0 I-. 0 0 0 0 0 .D .0 .0 .o r 0 0 0 0 0 0 0 0 0 CO 0 0 0 0 0 C, as 0% 0` 0 0 0 0 0 0 0 0 0 0 H 0 00000 .4, 0, 4, a. N .0. r r r r r r r F.. C„ O 0 0 0 0 O C 0 0 O Z r r r r r r r r ,0 C.) .o .o .o .a .o ) .r Co 02 CO CO CO < COaD •o .o .o I-. V V V V V Cr, r r .0- r r V v+ v+ � OM CO Cl Cll z 0 z C x 'b Wo Cd Pab 03 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o Z 00 = x x x x x x x x x x = x x x z x x x x c al r rn 0 0 = 0 F F AF AF nF nF 4, AF /) Z, AF nF nF AF rC I--. r X r * r * r „ r .c r .c r Yc r r .. r ., r * r 0 Z V v+ v+ V v+ V v+ V v+ V v+ V v+ V v+ V v+ V v+ V v+ V v+ V v+ x C) F F F F F w w w to w to to w 1-1 F W N I— 0 .O 00 4.1 ON to F W N Z r 0 4-' r-' r r r r r r r r r r r r C) = %O ' 'O •c 'O ,O w 42 '0 'O •o '0 x m q:) ‘O '0 NO '0 'O ‘0 '0 sO vO 'O 'O sO rn C) N N N N.) N N N N N N N Na N N.) C) 7C \\ \ \ \ \ \ \ \ \ \ \ \ \ N r r r r r r r r r r r r r r 72 r r r r r r r r r r r r r r d a' \\ - \ \ \ \ \ \ \ \ \ \ \ > 0 r r r r r r r r r r r r r r 0-3 4-1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CTI rn o pz x SI N N 0 'Cl) V) -Cl) N W W 7C .23 7a-.1 ..1 r r 0 0 - to - <) 4) in-CO V)V) V) to V) -CA > 1-+ ON F r -CO V) 0 0 OO 07 w w 4- r V) <o w U' r r 'Cl) -co F . Z - F - %a �1 .1 V) N F F -.1 v tr U' V) l/) U' v1 N N a' a' 0 0 CO OO 0 0 0 0 0 'O as ON a+ ON tr v+ v' VI OO OO N N F F w w 0 0 r-' r .1 .1 NO NO ZC Z 0 ON NO -1 NO NO as a' to u' 0 0 0 0 r• r 0 O F F 0 0 0 0 a' O' r r-• 1.3 C r r 0 r r F F 0 0 0 0 w w ON ON NO sO v+ to 0 0 N N Orn 0+ F F * * * * * * * * * * * * * r w C/3 m � Pi / .13 SI Pi '0 0 1-1 m r SI SI .e = a 0 r Cn 0 z o C=I Cn NO z rr1 C') 0 1.1 r z H r7 Z so x x 0 '.b 7C pc 7O H CT) Z - :v 70 Cl) n) H r d - Cn C C. 70 Cn 0 9 v) Z Z Cn � 1-1 C/) rn Co 4-3 z rn 00 n n z v < � 1-, PO a Z v) < < Cif r-1 C Cr] 0-4 � rr"., 0 Z r CI z Pz o o a' 4-4 r W 0 9 0 4 -3 zv, 0 1-1 .v 73 ZZ Cn M C) 1-1z 0 .si Iv Pi Pi '0v ro = 77o 0 0 .0 SI C 0 0 C=1 Ell b '-3 0 Cr, CTI O C r CM Cx1C11Cn Cn '- r a a 1-1 Cn 0-3 C) Z v Cn V) r+ \ r CI > Cn 11 1-+ x CT1 Z N H Z C/) Z Z r H Z Z 9 Z 0 0 0 0 C) C C) C=1 Cl) O C) o CP) i-3 N ass cn n Cn - Cn Cl) 01C) r r C 1-1 C cn r C C )-' pv b C/) '0 '0 b .0 1.4 Z 1-1 Cn Cn ro 0-3 'c cn 'c ro 9 z .3 'd 73 m r Z 4-1 x H r 9 a' ~+ c c rn cm sl < C' rn 03 Z 0 1-4 H Cl) CTI Cn 1-1 n C/3 Cn t' Z z C)o CTI 411 C) C 3 C/3 Cr) CTI 0 at 0 0 0 a' 0 0 0 0 sO 0 0 0 v, F 1_.• F t/+ F w w r 03 F r r 2 9 1--• .O F v' N NO N r r N F N r CO C C) r 00 r t.7 -1 N -7 N GJ r 0 ON r r Z C) i I I I I I I I I I CA 0 F F F F F r F r F F N F F F CTI C W W N W N l/1 N W N.) N N) N r N PC Z r r r tJ r W r r r r r F N t+) '-3 0 0 0 0 0 0 v+ 0 0 0 0 0 r 0 0 0 0 0 -.4 0 0 0 0 0 'O 0 0 a' 0 0 0 0 No 0 0 0 0 0 w 0 0 'O 1-4 0 0 0 0 N 0 0 0 0 0 0' 0 0 F Z N N N N NO N r N N.) N.) 4- N r r < 0 0 0 0 0 0 so 0 0 0 0 so (� 0 OO CO t/' a" r so F N 0 (.) 03 1-1 C) CTI Z 0 Z C Z b CO O C11 72 w 0 0 0 0 0 0 0 0 0 0 0 0 0 0 z o0 x x = = = x = x x x x = = = C9 co r • 0 0 r A r n r A r A r A r A ' SI C Hr * r * * r0 VI VI V U' V VI V ~ r/v+ VVI V v' 74 Z V "' Un r r r r r H 1-' 0 `0 Co V rn Un Z r 0 rr0•-. ri•••. rrr � rrrrrrr r HHHHH •• I-. I-. r r r O •O .o .O .O .o .O .o .o .O .O .O .o .0 .O .o .o .o .o .O .o .o .O .o .o .O .O .o .p c� C .O .0 .O .0 .O .O .O .0 .O .O .O .a .0 .O .0 .O .a .O .O . O OO .p o .O . .O . . so sr, C cl N N 1V N N IV N.) IV (V N (V N N N N N N (V lv (V N N N N.) N N N N 0 7C \\\\\\\\\ \\\\\\\ \ \\\\\\\\ \ \ \ 7C rrr-• rrH I-. I-. rrrrrrr r rHI-. I-• rHrr r r r 73 H r r r H r r r r r r H H H H H r f--' H I-• H r r r r r r r CV C21 \\\\\\\\\ \\\\\\\ \ \\\\\\\\ \ \ \ > 0 rrrr-• I-• rrr-. r rrrrrrr r rrrrrrrr H r r y H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cil VI H Cn 0 70 = 21 to -0') -v.> < r r a. r x 'T1 72 V)Q) <I) V)• N - - - ) <) V) N V) CO N -CO V) -CO <o 9 H W W N H VI V) f-' 0 (..3 CO 1-•• V) V) V) -co 1-• Co Co . V) N N -CO N V) N <I) <0 </) VI VI O. a. Z c.- t-- H Co 0 •D r ca 0 vI 4, 0 v ON ON a. v' 1-- r .0 .% .A r H r . r vI vI 0 0 0 0 0 co .o .o vt V CO UI 0 0 .O n) 0 0 H I-- A .o t-- A V w w w w .O ut w w H H 0 0 ut vI C Z 1 i, 0 0 03 N VI 0 0 V .O 0 VI W CJ W W U VI 1' 0% a% rn a. r .O cm o. 0 0 0 0 0 0 H C 4, Iv 0 a. a. 1� N.) O 0 as I-r 0 0 0 0 V CO U) w 0 V -I V V 0 CO V V 0 0 0 0 0 0 * * r co Cn Cn Cn VI Cn In Cn Cn c Cn Cn Cn VI Cn Cn Cn Cn Cn cn cn cn Cn Cn Cn c Cn Cn Cn '1:1 b b b b b b b .0 0 0 0 0 0 0 0 = :C = CS = C S = C>: 0 0 0 H C C C C C C C C C CCCCCCC 9 9 9 9 9 9 9 9 9 0 0 x .O c-) 00000000 H H -3 H H H H 74 747C 7C 7C 7C 7C 7C x H H H .o 5 S = S C z0 0 0 0 0 0 0 0 0 H H E E £ E E b b b .0 'V b b b b N N Cil Si CTI Cil Si CT1 CTI CT/ CTI Cil Cil CT/ Cil CTI CTI Cil C) 0 Cn Cn Cr) Cn Cn Cn C!) CT7 Cn Ci7 CTI CT1 CTI Cil CTI CTl H 0 0 H H H H - - - t10-3 Z < •o0 CCCCCCC 7o pc 70 70 ;a ;opo Po ,'v go 0 H Z .c- co co co co co co to CTI C C C C C C C C CTI po p CCCCCCC N N N N N N N N C) 7370 70 7U A 73 7o R". 00000000 0 z ,'b Z to Co Co co Co Co co 21 21 CTI CTI CTI Cil Si SI 70 Z Z Z Z Z Z Z C N O N N C7 H Cr) O 7c C C C C C C C E b b b I'll 00 'a Pm CT) C C c C C C C C 'TI 'c1 H 0-30-30-3H0-30-3H99 72 72 70 ;o7c2222 .0 NNNNNNNN H 72 Z H H H H H H H H H )-i H H H H H H C H H H H H H H I--1 r-' H IV rrrrrrrCT1CTI ZZZZZZZ H rrrrrrrr H Z 72 H H H H H H H 70 72 y y y y y y y M N N N N N N N N HI H H H H H H H H H H H H H = H H H H H H H H C) 1H C '" .4 ►C ►C tC ►C ►C x 0 ZZZZZZZ Cil 'C ►C '•C 'C '•C '-C 'd 'C z CTI Cn N Cn In fn ti Cr) H Z \\\\\\\ Z N Cn Cn Cn Cn Cn (n Cn CO 0 mi SISIm CTI Si CTI Si CTI CV CT) CTI Z 'v 'u 'c 'v b .0 'v CTI IT/ CTl CTI CTI CTI CTl CT/ CTI 'c z v) 7, 715354717' 7' wrTI ccccccc 5455535i54737i7o Cn c H 0 C C C C C C C Cn 0 co co Co co Co co co C C C C C C C C Co Cn 7' N N N N N N N H r r r r r r r H H H H H H H H H C-' H 0000000 Cn N N N N N N N Z 'V CTI CTI CTI CT/ CTI CTI CTI Cn Cn Cn Cn Cn Cn Cn r3 CTI CTI CTI CTI Si CTI CTI CTI VI y xzsxxxs CiI C H H H H H H H H z 1-1 z z 0 0 0 0 CD CZ) CD Z 0 c) 21 0000000 •oso 00 as as as a. a. 0 00000000 0 0 a. w . IU) HHU) CO CO HU) VI VI VI VIN w rnw . H0% rrw r r vI Z 9 I--. N 03 N CO CO to W (..) W Na Oo Oo U) CO H H N r N CO N CO CO N ca V CO C 0 1-•• V N r r r r 0 0 I--. H VI ao 4, .O N N CO r r I-. N.) F N r r a. vI Z 0 I I I I I I I I I I I I I I I I I IIIIIIII I I Co 0 r r r r 4, 4, r N N r .' r r r r r r r r r r r r r r r r r CTI C W W tJ W W (•,) 4W 0 0 W CJ CJ W 4..3 W W N 4.../ c.) 4,34,..3 (.../ L WW W W VI 73 Z CO 00 00 03 CO CO OD V V VI VI VI vI VI VI VI .4, CO CO CO CO CO aJ CO CO r VI W I.j 0 0 0 0 0 0 0 w N 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 a. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 O O vI 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 O O 1. H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O v Z N N N.) N N N N N N N N N N N N..) N N N.) N N N N N.) 1V N N N VI < r r r r r r r r r r r r r r r r 0 r 0 N N N N N N N N N H r r r HH r 0 c„) c„) c„) c„) Cv c„) c,) Ca VI H 0 CTI z 0 Z gb al 0 Si 73 v 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Z Co x C C x x x x C S x S C S S x 2 S CL x x x S x 2 .'Y» x C S C (D 9 r Co n n x 0 r A r A r A r n r n r A r A r A r A r CII C r r r X. r .,- r r r 4. -. V � x Z LA V u+ V v+ V v+ V u+ V v+ V v+ V u' VVI ON V1 VI VI V7 VI VI VI V7 VI H 0 .D OD -4 C. V+ r W N r Z r (') rr r r r r rr rrrrr r I-. F. rrl--. 1 t-4 F.. n .D .D .D NO .D .D •D .O •D .O VD .D .D .D .D .D .D •D .D .D NO NO x 71 .D .D .D .O .D .O .D .D .D .D .D .D .D .D .D .D .D .D •o .D .D .D CII n N N N N N N N N N N N N N N N N N N N N N N n 7C \\ \ \ \ \ \\ \\\\\ \ \\ \\\\\\ 7C I-. I- r r r r I-. h r r r r r r r r r r r r r - PC I-. 1-.. r r r r 1.-I 1-• rrrrr r I-. 1.-. - rrrrr C7 SI \\ \ \ \ \ \\ \\\\\ \ \\ \\\\\\ > C) r r r r r r r r r r r r r r r r - r r r r r I3 H 00 0 0 0 0 00 00000 0 00 000000 SI Cl) "3 sl n 27 = sI N n r x m N 70 <A N V) V) V) N L) V) VI VI V) - N<1) V) V) V) > H r r �! �! <CD-CO W W <A <I) r V) V) V) V) <A I- r N to N r ca W r -co r V Z V)V) N N VI VI Vf vi N N r r V) W r r r W r 0 0 .D N C. r W r .O V V .O 0 r r 0% C. 0 0 r r V V 00 r r W .O .D W t.I �J N N ON V OD CO W CO V .O CO 00 C Z . . . . . . . . . . . . • . . . . . . . . . . . • Z 0 N 0 vi v+ 0 0 r r r I- v+ 0 v+ r r r r r .D 0 0 0 r .D .D .O N w N vl N '-3 C N V N N 0 0 W W C. C. CO 0 CO V+ •D V N r W 0 0 •D .D 0 N .O vt V CO vi r * X- * * r L.: C C H H H C/) CA C/) CA CA CA C/) C/) C/) cn c/) t/) c!I CA CA C/) C/) 70 O Z H H H H 3 H 0-3 P-3 '-3 H -I m: ro b ro "0 b r CA G) H ►3 Cl) 50 0 0 9 9 9 9 9 9 9 9 C CCC C .o 9 9 ro CII n n Pc 70 70 7' 70 70 r r n n n n n n .o 4 E 70 r 70 1.-+ 74 7C 7C 74 74 7c 74 x x N Cn SI n H n - - c/) CA CA c/) Cn pc Cn rn - N a) 0 x CII H H mg p...3 CI Cr] woo nnnnn r zz H 9 x 7' 99 r r r r r o Cu n n z 0-3 H C/) 7' 73 CnCnCnCIICn 9 C 00 C) •-3 707J 99999 C7 Cn Cil "C .-4 ZZZZZ H n n Z r 70 O H H H H H z x x C7 H n 0 C) 0 O G7 O H H 70 Z Z H Z Z n H Z n n z n n X = 0 b CII 0 ■3 ►3 w w CO w CO O 07 SI C=I CCC C C H H b W .O .0 C C C C C 't7 .0 .O .O H H 3 H H C/) V) CCCII0 C CS0 n mo 1-1 "�0II 9 9 H H H H H CII C C C H H H H CII CII 9 CI) b 9 Cil CII C7 C7 C7 O C7 9 'V b .0 H H H H H 9 r. 6.3 MZ 1-3 r r H H H H H H Z Z Z "3 H 1-3 13 H H SICT/ H \\ z z z Z Z H CrlZ Z Cil "C .-C ..0 ►C "C Z H Z Z C/) C/I G7 C) C) G) G) z Z Z Z C7 Z Z Cl 0 H C) C C C') H H H CA CA CA Cn CA Cn CII Cil Z CO CO Cn Cn CTI Cn Cil CA CC 9 � C C-' C H 1-4 C ,. C C C d C 70 CA CA b H .0 VI CA ZZZZZ '0 H H H H H H H H H b C/) Z b .-3 ►3 1-3 H 1-3 13 ►3 ro Z Z Z n n n n n "0 r CII H r rn rn r H .3 .3 Cn Cr/ CTI CII CI H H ',c CII 1-4 Z Z H Cn Cn CII H CM c Z CID n n CO Z Z Z o C/) I z C) ) m rn N z z z Z Cr, n nn n Cn rn co rn rn 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r r C. r r W 1-1 F4 W 0% I- 1 W .O. 4' r0. C. C. C. r Z 9 W V r N r r r V N N CO CO Co I- N r N N N N r N C n I-. r r r r r N C. r CO r N r r D. r V r CO N r r Z C) II i I I I I I I i i I I I I 1 Co 0 r . r r r r .4.", Z's rrrrr r .P.. .P. - rrrrr CIIC r r N W N N W W N N N N N N N N N W W W W vi s5 Z ww r r r I- cow viwwwva r .C•• .P. rCDCOCDCDCD H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 u+ 0 0 0 0 0 0 0 0 0 0 O O 0 0 0 0 0 0 0 0 0 r 0 0 O 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 H O 0 0 N 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Z N N N W N N N N N N N N N N N N N N N N N N < N) N r V N r I-. r r r r r r r 0 0 - r r r r r 0 r r .O 0 V CO CO r r r r r C. •D .D N N N N N) N H CD CII z 0 z C z "o w o Cri 70 x b d O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 z 00 z x = x = x x = x x = x x x = x x x = = x x C9 co r .D n n n n n A r A r A r 0 cr „- r r n Z v+ v+ V vv + V vl V + V vl V v+ V v+ V v+ 7C n V a% a. a% a. a% a% a. a. N F-• �l a% v r W N r 0 Z r 0 C.) r rrr r r r r r r rrrrrrr-- r - rrrIr• n = .o .G .a .o .o .a .a .o .a .o .o .o .a .o .o .o .a .a .o .0 .o .o .0 .o = Cr) .o 1/4° 1/4(3 %0 .o .o .o 1/40 1/40 .o .o .o .O .o .o .o ,0 .a .o .a .O .o .v .o Cl) n N N N N N N N N N N N N N N N N N N N N N N N N n X \ \\\ \ \ \ \ \ \. \\\\\\\\\\\\\\ N r rfr. r r r r r r r rrr . rrrrrrrrrr ,n I-. r I--. 1-' r r r r r r fr. i-. fr. P-. )-. fr.. ).-. )-. 1-. 1-• fr-. 1--. 1-. )-, o Cl) \\\ \ \ \ \ \ \ \\\\\\\\\\\\\\ a 0 r rrr r r 1 r r r rl--' rrrrrrrrr1--rrr H H N 000 0 O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) Cl) H Cz1 n ;h x r'l <n-cm n V) <A w W <A <A N N w r r coca 4, x- r y L) ti - - - - - - <A CO - N to co to <A to 9 r w <A <1) mm N N mm N N) tom r r -1 a. r r r r <A <A <A <A <A <A r <A <A 3 - a\ N) <A r <A mm N N 00 mm mm 00 r .o r .O N r w . r O. ao . r N) N O 0 r O. vl w mm ,.ova w w W w 00 00 W .a v+ V r V 0 w w r ao v a. V .0 C z r .o V r 0 v+ v+ 00 .o .o 00 --1 .-.1 0 0 .o ao a\ .o N N ' vl ao r 0 v+ w v w H C •a a. ao N a. mm mm -..1 -...1 0 0 00 00 r N O N u, ao .o w .o a. N N O ao .o * * * * * * * * r w 09 9 9 Cl) > C a C C C C C C C C C C C C C C ►d C C C H H M n r to 0 0 0 N CA 0 N 0 N CA CA CA 0 .a H CA CA CA C Cl) Cl) 9 Cl) E 444444 N Z MWMCl) Cl) Z Z - n 000 r H 0 CA CA o CA C/) CA CA CA CA CA cA CA m rn CA to CA M > Z CC" H O 1-3 r-3 H H H H H H H H H H R H x x x w a x z v n n n n n n n n n n n n n n < �' 0 0 o n n a o Cl) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ra r 0 0 0 Cl) Co m y z 001:10 a 0 0 0 z Z 1-4 sr z z Cl) Z 0 n b 000 Xr C .11 0 M 1-4 ,-31-31.-3 )-3 )-31-3 .-3q )-31-3041-31-4 M w W w X .- W 1 .0 MMMMMMMWSIMMMMM r C=1C=1Cl) H W r 0 C'7 C rrrrrrrrrrrrrr Z � � � pz 0 0 ro a� b rorororororororororororororo 1-1 HHH H C H Cl) H = = = = = = = = = = = = = = = Z 1-4F-41-1 a Cl) -c Cl) H Cl) 0 0 0 0 0 0 o o 0 0 0 0 0 0 0 ZZZ r Z 1--+ z Z z Z z z Z z z z z Z z z z z o 0 0 0 Cl) Cl) Cl) 0 0 H C=) C=) CT) C=) C19 C+7 C17 C=) C=f Czf t m CT) C=f Cl)oti z m Z 0 N CA CA H X > CA n cc CCC Cl) < r c g W 1-1 b H H r-4 b b b 0 Cl) "o z .d cn rrr rn m xH H H � N Cl)� � H manor 0 Z Cn CA CA 1C•1 C//)) Z Z n z Crn n Cl) Cl) 0 000 o a. 0 a. 0 0 00000000000000 .o ra. r r v+ r v+ w a. wwrra. a. rrrrwrrr Za r r N N N W ao .O r N r N N ao r N V r N r w vl w a. an r r r r V r r N r til r r r N r r r r r r r r r r = 0 I 1 I I 11 1 I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 w 0 r r r r r r r r r r r r r r r r r r r r r r r Cl) C W N N N N Vf W w N N w W W W w w w W W W W W W W W Z v+ 1.... 1-. 1-. r W aD r r r NNNNNNNNNNNNCV N) H 0 000 v+ 0 0 0 0 O r r r r r r r r r r r r r r O 000 o O O N O O 00000000000000 r o00 0 0 o a. o 0 00O00000000O0O 1-1 o. 000 0 0 0 0 0 0 00000000000000 z N N N N r N N V7 N N N N N N N N N N N N N N N N < vt N N N 0' N N) N N) N N N N N) N N N N N N N N N 0 1", a. 0% a. U' r U' N W r r I-. 1-% r r r r r r r r rr H .o n co C) z O z Co O Cl) w b g so H 000 O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 o o Z CD b x x x x x x x x = = = = = = = = = = = = = = C 9 1- r r o n n x o ✓ n r n r A r A r n r A r A r A r n r A a' C r r = :r r r ^ 1--r X r * r X r = r * n Z vi V v1 .." 1-•v+ V v+ v v' V v+ V v+ V v+ V vi V v V x n CO CO V V V V V V V V N N-4 0 vO CA V Os v+ r W N Z r O n t- 1- 1- 1- 1- 1- 1-- r r r r IN r r IN IN IN IN r r n x < < < < < < < < < < s0 'D 'O 'D 'O 'O %0 < 'O 'O = a .0 .40 < < < < < < sO '0 .0 'D .0 %0 < '0 '0 'D NO '0 C=1 n N N N N N N N N N Na N N N N N N N N N N n 7C \\\\\\\\ \\\ \ \\ \ \ \ \ \ \ w r rrr rrr IN r r r IN IN r IN r IN IN r r :h r r r r r r r r r r r r IN r r r IN r r r O a \\\\\\\\ \\\ \ \\ \ \ \ \ \ \ 9 C') rINN rrrrr rrr r IN IN r IN IN IN IN r .3 I-1 N N N N N N N N N N N N N N N N N N N N C=1 � a CI W x r n -co N {A {/) N N N 'Ti N r i .. ?.. r r ." {A - N N - - {/) . . N {J) N P. 1-1 N .0) .C.0 .<0 W 02 V O D N 00 r {/) L f N{n .M .M ...1 ....1 M V) 1--. 1-. {A V) W a' rNU+ r WN{n0 ....4L/1 .0.. ...1 rr Nra Nr...., CAO' -..1 ....1 W W 00 W W a' O a OB 'O O OD N '0 \O W V O vi WW 000 N fJ '.O YD WW r r O` O' -...1 ....1 O z O "D C' N V ut w w V a` v+ 0C) N O O 000 -4 -,..1 mm O O v+ v+ '0 '0 ......1 -4 r a c N) vIra` V rV C` -400r0o OO 000 C. C. 1- 1- NN OO rr 0' a' .D * * * * * * * * 1- (...›.w z x x z z z x x N r x n [T1 .4 .11-41-41-11-11-11.-4 0 0 0 Z MM Z M 7C r- CCOCCOOW G') o o n 9 9 H Z 0 "D 1-11-41--1 0 n '=1 a' C) Z N N as c' a1 rn a' a1 a1 CACn v)' N CC -3 M m C Z cnCAWxcnCI) C/) CA Z DCII - Z Z C) - - H H R H H H R H Cl) 00 O -3-3 Z C=1 NI r w wCaCaCrowww H "LI "11 a r r CO CCCCCCCC m z m1-1 z c mmmoC mmm C xz z Cl) Cl) n z O a Cl) Z Z N 9 N n w z 0" ro 'v "o "a m rob "a H Cl) "4 n r C=1 O ;vZMM ;vMMM nn C=1 Z Z ih O 9 00000000 rH "3 Cl) n o W "X OOOOOOOO 0 -3 .3 "C WWWWWMMM 0-40.4 00 C=1 b to M "Jd 0 O Cl) O 0000000 N no O O w a w 1-3 b ro PO 'v "o 'v 'v 'v 0 00 0 Z 00 'v 'v C .0 C rcr`��y m ' ' C1Itr(✓1IIt1I 'y zzz Cl) zZ fro 0 N C N 0-30-31-30-30-31-30-31-3 a y a y y a r r r 'M' M I-3 � I"1 Z N r N1-41-41-11-11N1-11-4 Cl) C/) U) Z MM N N Z a Z \ z Z Z Z Z Z Z Z n ZZ Z Z n Z C) Cl) O 00000000 a' nn C) C) Cl) H w a' Cl) V) CA CA C/) CA CA V) \\ C/3 Cl) a' N N C) aa C C C C C C CA C C21 ro b b b b b b b 00 b ro r Z Cl) 4-4 01:1 "0 "v M b M M 'v == "o N Z .-3 H 'v ✓ rrrrrrr oo r r "-3 an 1-3 1-41-11-11-11-1H1-41-1 0 0 N N C=1 Z 1"1 a' CII C=1 C:1 a' a' a' to r r a' a' z n o CACACACAC) C) CAv) Cl) Cl) Z C:1 Z a' 1-11-t ZZ NH ZZ 00000000 000 0 00 0 0 CA 0 0 0 wr %Or1--rrr W -...11--. 1-" r rr r r N r r r Z9 W W r C' V vi r r W v+ v+ 0B N r N Na IN N N V an 1- 1- 1- rrrrr r W N r r r r r N V VD r z n IIIIIIII 1 I I I I I I I I I I I w 0 rrrrrrrr rrr r rr r r r r r r MC N N N N N N N N r r r W W W W N V+ N N W NZ r r r O' .43 %0 W r N r W W .3 00000000 000 0 00 0 0 0 0 0 0 00000000 rrr w 00 0 w 0 0 ON 0 00000000 0 0 0 0 00 O v+ O 0 V O 1 00000000 '.D '.D '-D .0 O O O r v+ 0 W O Z 00000000 N N N N O O 0 C. vt 0 N 0 c r r r r r r r r NI-. r v1 r r IN �+ r IN OS IN 0 W W W W W W W W VVV W vt vt N v+ IN '.D O r n w C=1 z 0 z C z "0 to O C=1 72 'b g0CIO N 1--11-11-41-404.11-11-1 I-11-11-1 r I-11-1 r N N r r N Z CD b b b ro b "0 "o b "o b b "o MM "0 .0 "0 b b "0 9 IN r IN 0 0 4. A r n r A r A CCr1 0 x CO _CO CO CO H . r w N r Z r O C) I-. rrrr r rrr C) •O .O .O .O .O .O .O .O .O C CTf .O .O .O .O .O .O .O .O .O co C7 N N N N N N N N N C) 7C \ \\\\ \ \\\ N r r r r r r ? I--r r 73 r r r r- r r r 1-r P 0 Cr) \ \\\\ \ \\\ 9 C) ✓ rr1 r I- rrr .-3 1-I N N N N N N N N N CT1 V) H SI v) C) 7:1 F-• C Cr1 Co n .O to -co -co V) x z1 l./' r r N N PC - N N V) - - V> 9 I--I CO .O .O CA N N C. r . . V+ to {o {o .O Co Co V h7 w 4, CN 4, 4, (V r r r 0 .O w w 1, r V+ .O V CO CO V V 0 N C Z . OO r rnwrn v+ r .- v+ v+ c.) 0 H C N 0 0 .O V r .O N i, .C, Cr. V+ .O F * * * r I.....) > » > >"1 r Cr) PC POC PC "TI 0 0 0 .o m Vim) a) C%) a) C~) CC 1 Cr, C N H H H H Ci) V) V) C!) - LT1 CTI rzl tri RI 0-3 0-3 0-3 Z 7o CO CO Co Co CT1 1�i H H IZC -1 mi C COn VCi co[ r r ro Z ►ayya Cf)000 71 X 71 X H H H H r 0 0 0 ZZZZ V) V) V) C) C) C) C) H PO MI MI:v 70 PO .0 ro b b M H H R H C C=1 ryCj1 C=1 .-▪3 C 0-3 ZZZZ CTI I-3 M C/) \\\\ Z 0 C) C)) CC1 Cil .0 ro b .0 V) CI C t-' C C W C C C rrrr bbb 1-4 0 H 1-4 1-4 I-4 b Mo MI Mo Cr/ Cn V) V) V) r r r H S S S = H 1-I H H H H H 1-1 C+1 CM Cif 0 ZZZZ Cnv) v) Z 0 0 0 0 0 0 0 0 0 a. 0 0 0 4-r4.94, 4....) N 4, 14-. 4, Z 9 CO V r N w r N N r C n r rrrr N rrr Z C) I I I CIS 0 i, 4' 4" 4, 4" A .0 A 4" CM 0 I....) w w co w Vi N N N 70 Z CO v+ VI VI VI VI r r r 1-3 O 0 0 0 0 O 0 0 0 r 0 0 0 0 r 0 0 0 .o 0 0 0 0 Co 0 0 0 H CO 0 0 0 0 0 0 0 0 Z Co 0 0 0 0 gat 0 0 0 < •O rrrr a` 4 I- 4- 0 V1 r r 0% w w w 4-1 C) Co z 0 z g ro os O to pcb Xal ao H H H I1 H H H N H Z !D b b ro b 'T1 b .0 ro b C T. 1-- L'''' r n) "1 •' '1 tin 'TI tin MI Mn c) C C C C C C C C C C C C a O z z z z z z z z z z z z z C o v 0 0 v v v v V o V v v z 1 4 * * * * * * * * * % * r co co co CO - r r r r r r 0 Cl ON r w r w r w w N N r r 0 x 0 0 0 0 0 0 r w v+ r v+ r r A 74 •-3 Cil C b CA CA r r 0 C) x .3 G) I--I Cl) H > H > NO ,O a C+7 C/) z7 c) )-4 .e O Z NO NO 9 .0 Z a Pt r Ps PO 1-4 N r H z C=7 C .4 r v Ps 4-1 xi-o b > .3 Cr PO .3 - a 7) 0 .3 a C9 SI)) S 2 "0 .1174 til XS MI til b v 41 a z 73 •-3 0 z 0 c I-• w I-. '0 �O N < N r r - N to Co r t/) I- N N NO N N N W t/) N N V) t/) v CO v+ w 4-' a% r O O w v+ r - - - - - - - - <0 - - - 0-- co co w r r v r 4 J CO 0 v to v %O 4-' -3 W 0 CO0 U W 0 W N r N .O W N 0 h-' N LS W ON 4-' N r 1-' r 9 r 0 r 0 v 0 NO -J 4 rn t/+ 0 r r-• N In 0 0 r CD r 0 vi CO N 0 V+ r * .ti W 00 CD I-. COiSENT /1K TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Reclassification of Park Reserve Fund DATE: November 11, 1992 Introduction Council approval of reclassification of the Park Reserve Fund from the Special Revenue Fund Type to the Capital Projects Fund Type is requested. Background One of the concerns related to the issue of the State looking at fund balances of cities is that the state will look not only at the general fund but also the special revenue funds. This is similar to the school districts situation. The Park Reserve Fund is not used for operating purposes but only for improvements or capital expenditures. Accordingly, reclassifying this fund as a capital projects fund reduces the likelihood of the state taking some action which would adversely affect the city based on the fund balance in the Park Reserve Fund. Another factor is the nature of the expenditures out of this fund. Expenditures are for projects with controls placed on the project as opposed to annual expenditure controls. Projects can lap over several years. Council does not formally adopt appropriations for capital projects funds and therefore significant budget variations due to the timing of expenditures are not reported in the annual financial report. The annual financial report goes to the state and to Moody's. Alternatives 1. Keep the Park Reserve Fund classified as a Special Revenue Fund Type. 2. Reclassify the Park Reserve Fund as a Capital Projects Fund Type. Recommendation Alternative number two. The audit firm of Deloitte & Touche recommended that Council consider making the change. Action Move to approve of the reclassification of the Park Reserve Fund from the Special Revenue Fund Type to the Capital Projects Fund Type. • TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Interfund Transfers DATE: November 12, 1992 Introduction Council approval for various interfund transfers is requested. Backctround Several funds have served their purpose and Council action to transfer remaining balances is necessary in order to close the funds. The transfers are: 1) From South Bypass Capital Projects Fund to 1991 Improvement Capital Projects Fund $53,375.00 for TIF funding of Second Avenue rail road crossing per Council direction. From South Bypass Capital Projects Fund to 1987A TIF Debt Service Fund to reduce the balance in the fund - $36,735.50. Note: this leaves $20,000 in the fund to pay Mr. & Mrs. Schmitz for the sound impact agreement. 2) From 1986A Improvement Refunding Debt Service Fund to General Fund per Council direction in 1992 budget - $82,158.71 in cash. Interest earned by this fund in 1992 to accrue to the General Fund. Due to an over estimate of special assessments to be collected in 1992, the budget shows a transfer of $121,722. The remaining special assessments receivable to be transferred to the CIF. There is a substantial amount of green acre assessments in this fund. 3) From 1988 Improvement Capital Projects Fund to 1988A Improvement Debt Service Fund - $52,080.20 in order to close the project fund. 4) From 1989 Improvement Capital Projects Fund to 1990A Improvement Debt Service Fund - $218,667.97 in order to close the project fund. Transfers to move monies from the TIF Trust Fund to the various TIF debt service funds in order to have money on hand in the debt service funds for 1993 payments are: 5) From TIF Trust Fund to 1987A TIF Debt Service Fund - $341,300. 6) From TIF Trust Fund to 1988B TIF Debt Service Fund - $120,000. 7) From TIF Trust Fund to 1989A TIF Debt Service Fund - $415,000. 8) From TIF Trust Fund to 1986A TIF Ref. Debt Service Fund - $255,000. 9) From TIF Trust Fund to 1986B TIF Ref. Debt Service Fund - $190,000. Action Requested Move to approve the following transfers; 1) From South Bypass Capital Projects Fund to 1991 Improvement Capital Projects Fund $53,375.00 for TIF funding of Second Avenue rail road crossing. From South Bypass Capital Projects Fund to 1987A TIF Debt Service Fund - $36,735.50. 2) From 1986A Improvement Refunding Debt Service Fund to General Fund - $82,158.71. Interest earned by this fund in 1992 will accrue to the General Fund. 3) From 1988 Improvement Capital Projects Fund to 1988A Improvement Debt Service Fund - $52,080.20. 4) From 1989 Improvement Capital Projects Fund to 1990A Improvement Debt Service Fund - $218,667.97. 5) From TIF Trust Fund to 1987A TIF Debt Service Fund - $341,300. 6) From TIF Trust Fund to 1988B TIF Debt Service Fund - $120,000. 7) From TIF Trust Fund to 1989A TIF Debt Service Fund - $415,000. 8) From TIF Trust Fund to 1986A TIF Ref. Debt Service Fund - $255,000. 9) From TIF Trust Fund to 1986B TIF Ref. Debt Service Fund - $190,000. // MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner RE: Request for Authorization to Carryover an Additional Forty (40) Hours of Earned Vacation Time Into 1993 DATE: November 12 , 1992 INTRODUCTION: I am requesting authorization for a carryover of vacation time earned by 40 hours above the amount allowed by the Personnel Policy. The Personnel Policy requires authorization by City Council to extend the amount of vacation that can be accrued or carried over into the next year. BACKGROUND: The current Personnel Policy limits the amount of vacation time that can be accrued or carried over into a new payroll year by the amount earned in a year. The policy reads as follows: "No more than the amount of vacation leave earned in a payroll year can be carried into a new payroll year, unless specifically authorized by the City Administrator with approval of the City Council which approval shall be granted only for unusual circumstances. All accrued vacation in excess of this maximum shall be stricken from the accrual records and lost. " DISCUSSION: Due to the large workload undertaken by the Planning Department this year, it has been difficult for me to utilize earned vacation time. At the end of 1992, I will have earned 224.02 hours of vacation time. With the 120 hour carryover limit I will have 13 days (104. 02 hours) of vacation time for use in the rest of 1992 . With the present workload I feel that I can use 8 days (64 hours) in 1992 . I do not feel that I can use all 13 days this year without impacting the Planning Department functions. Therefore, I am requesting the carryover of 40 additional hours of vacation time earned into 1993 . I plan to build a house for myself next year. I am currently in the process of designing the house and planning the construction effort. It is my intent to construct as much of the house as possible within the time frame available to me considering my position with the City. I will be scheduling the use of my vacation time to minimize the impacts on the Planning Department workload. ALTERNATIVES: 1. Approve the request to allow 40 additional hours of vacation time earned to be carried over into 1993 . 2 . Do not approve the request. 3 . Approve a lesser amount of additional vacation time carryover. ACTION REQUESTED: Offer a motion to authorize the carryover of 40 additional hours of earned vacation time for Lindberg Ekola into 1993 and move its adoption. CITY .ADMINISTRATOR' S RECOMMENDATION: The City Administrator recommends approval with a provision that this be on a one time basis . // K TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Fiscal Disparities Option For TIF District #4 DATE: November 3, 1992 Introduction The attached resolution changes the fiscal disparities contribution from the city as a whole to TIF district number 4. Background Council has discussed several times the option of changing the fiscal disparities contribution from the city as a whole to having it come out of TIF district number 4. The change will decrease the amount of TIF revenue coming to the city, and will increase the tax base available to support the general tax levy (which will lower individual tax bills) . The option to change is a one time irrevocable option. It will impact pay 1993 and 1994 taxes. The decrease in the amount available to the city as TIF revenue will be about $66,000 per year after the reduction in value for the track. Action Requested Offer Resolution No. 3702 A Resolution Changing The Fiscal Disparities Contribution For Tax Increment District Number Four, and move its adoption. Resolution Number 3702 A Resolution Changing The Fiscal Disparities Contribution For Tax Increment District Number Four WHEREAS, the City of Shakopee has previously adopted Resolution No. 2344 which established Tax Increment District #4 and had the fiscal disparities contribution come from the city as a whole, and WHEREAS, the City Council now desires to have the fiscal disparities come from the district, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shakopee, Minnesota, that effective with taxes payable in 1993, the City elects to change the method of computation of tax increment applied to Tax Increment District #4 from the method described in Minnesota Statutes Section 469.177, Subd. 3(a) to the method described in Subd. 3(b) . Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1992. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney )J1-- TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: General Fund - Fund Balance DATE: November 4, 1992 Introduction Council has not reached a decision what the disposition of the General Fund - Fund Balance that is over the target set by Council. Background Council has set a target of 25% of expenditures for a fund balance level. Starting 1992 the City had a fund balance level of 37% or $592,417 over the target. Part of the amount over the target is due to the sale of the parking lots for the mini-bypass in 1991 for $260,000. The 1992 budget appears to be on track for the fund as a whole, depending on what happens to state aid in December and whether the contingency appropriation is used. Comparing the 1993 proposed budget to estimated fund balance, there is about $90,000 over the target excluding the $260,000 from the land sale. Alternatives 1A. Keep the $260,000 in the General Fund and exceed the target level. 1B. Transfer the $260,000 to the CIF for future improvements (parking?) . 1C. Transfer $260,000 to the equipment revolving fund. 1D. Transfer $260,000 to another fund. 2A. Leave the $90,000 in the General Fund and exceed the target. 2B. Transfer the $90,000 to the CIF for future improvements. 2C. Transfer $90,000 to the equipment revolving fund. 2D. Transfer $90,000 to another fund. 2E. Use $90,000 to support the 1993 General Fund budget and reduce the tax levy. Recommendation Alternatives 1B and 2E. An alternate recommendation would be 1B and 2B. The city still appears to be facing a large tax increase and alternative 2E could provide some transition relief for a year. Action Requested 1) Move to direct staff to prepare the appropriate budget amendment and to authorize the transfer of $260,000 from the General Fund to the Capital Improvement Fund. 2) Move to direct staff to prepare the 1993 General Fund Budget with a projected $90,000 draw down on fund balance and reduce the projected tax levy by $90,000. OR Move to direct staff to prepare the appropriate budget amendment and to authorize the transfer of $90,000 from the General Fund to the Capital Equipment Fund. budget\other93\gffb //7m, TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Volunteer Accident Coverage DATE: October 30, 1992 Introduction The attached memo from the League explains the volunteer accident coverage available. Background The City recently dropped work comp coverage for boards and commissions. There is no coverage for volunteers unless a liability claim is submitted against the city and the city is liable for negligence. This program provides some coverage for volunteers (clean-up day, recreation programs, park improvements, etc. ) The cost will run about $1,200 plus $540 for the medical coverage. Construction\demolition projects to be covered under the policy would cost $300 - $435 per project. Note that members of a private organization participating as a group are not covered. Alternatives 1. Obtain coverage. 2. Status quo - no coverage. Recommendation The City Attorney recommends acquiring the policy. The premium is small compared to any potential claim. Construction/demolition projects should probably be handled by qualified contractors and not volunteers due to the risk involved. I do not recall ever having a claim submitted by a volunteer. Action Requested Provide staff direction. 414. II] dmmiEll 183 University Ave.East St.Paul,MN 55101-2526 League of Minnesota Cities (612)227-5600(FAX:221-0986) April 19, 1991 To: Cities and agents - LMCIT workers compensation program From: LMCIT Board of Trustees Re: Accident coverage for city volunteers The LMCIT Board of Trustees is pleased to announce a new program to provide accident protection to city volunteers. This program provides a schedule of benefits to compensate city volunteers who are injured while performing volunteer services for the city. This optional coverage is available to member cities of the LMCIT workers compensation program. Whom will the new program cover? With only a few exceptions, all city volunteers working under the city's direction and control will be automatically covered on a blanket basis if the city chooses to add this coverage. This could include, for example, coaches and instructors in recreation programs, volunteers working on a city-sponsored festival or celebration, "clean-up day° volunteers, etc. The city will not need to list the individuals who are to be covered, either by name or by project; nor will the city need to keep track of the time the various volunteers put in. There are four classes of volunteers who would not be automatically covered: 1. Volunteers who are covered by workers compensation. Certain volunteers are defined to be "employees" for purposes of workers compensation, and are therefor eligible for workers compensation benefits if they are injured. These include volunteer firefighters, ambulance attendants, first responders, law enforcement assistance volunteers, and civil defense volunteers. Since these volunteers are already protected by workers compensation, they are not covered under this plan. 2 . City council, board, committee, and commission members. Other coverage options are already available for these people. The workers compensation law gives cities the option to extend workers compensation coverage to elected and appointed officials. LMCIT has also for several years offered an accident policy underwritten by CIGNA for members of city councils, boards, and committees. -1- 3 . Members of private organizations which provide services or participate in city-sponsored activities as a group. 4 . Volunteers working on construction or demolition projects. These volunteers will not be covered automatically. However, for an additional charge, the city can add coverage for volunteers on a specific construction or demolition project. What benefits would an injured volunteer receive? The plan will provide three basic benefits: 1. Disability benefit. A volunteer who is unable to engage in the activites of his/her normal occupation because of an injury suffered while performing volunteer services for the city will receive a disability benefit of $400/week for up to 26 weeks. 2 . Death benefit. If a volunteer dies as a result of an injury suffered while performing volunteer services for the city, a death benefit of $100, 000 will be paid to the volunteer's survivors or estate. 3 . Impairment benefit. If a volunteer suffers a permanent impairment or disability as a result of an injury suffered while performing volunteer services for the city, the volunteer will receive a lump sum payment as compensation for that impairment. Payments are based on the percentage of disability, ranging from $750 for a 1% disability to $100, 000 for 100% disability. The percentage of disability is determined in the same manner used for impairment compensation in the workers compensation system. For an additional charge the city can add coverage for up to $1000 of medical costs. This limited medical coverage is intended to pick up relatively minor first aid costs. On more serious injuries, it could also be applied to. costs which the individual would otherwise have to bear under his/her own health coverage's deductible or co-pay provisions. What does it cost? The cost is based on the city's population. The basic annual charge is $. 10 per capita, subject to a minimum premium of $150 and a maximum premium of $1500. The additional cost to add the optional medical coverage is 45% of the basic premium. Coverage for volunteers working on a construction or demolition project can be added for a charge of $300 per project, or $435 per project if the optional medical coverage is included. -2- The expiration date of this coverage will be coordinated with the city's LMCIT workers compensation coverage. For cities that add this coverage mid-term, the initial premium will be pro-rated. Why would the city want this coverage? Aren't injuries to volunteers already covered under the city's liability coverage? An injury to a volunteer would be covered by the LMCIT liability coverage only if the city was legally liable for that injury; that is, if the injury was caused by some negligence by the city or a city officer or employee or another city volunteer. However, just as with any other tort claim, the city would not be liable for an injury to a volunteer if the volunteer him/herself were more at fault than the city, or if the injury were simply an accident that really wasn't anyone's fault. A volunteer coach being hit in the head by a batted baseball might be an example of the latter situation. The volunteer accident coverage protects the volunteer on a "no-fault" basis. The benefits are automatically payable if the injury occurs while the volunteer is performing services for the city, regardless of whose fault it was. Besides protecting the volunteer whose injury isn't caused by the city's negligence, having these no-fault benefits available could also help avoid litigation in cases where the city (or a city officer, employee, or other volunteer) is or may be at fault. The injured volunteer can receive these benefits without getting into an adversary situation against the city. Of course, if the volunteer's injuries exceeded the benefits paid under this coverage, he/she would still be able to make a tort claim against the city for those excess damages, if the injury was caused by the city's negligence. Why did LMCIT create a whole new program? Why not just offer a "voluntary workers compensation endorsement" and provide workers compensation benefits to volunteers? The LMCIT Board chose this approach for several reasons. First, this approach is substantially less expensive to the city than providing workers compensation benefits would be. The basic premiums are roughly a fifth of the cost of workers compensation benefits, reflecting the more limited scope of benefits provided. Second, administration is simpler for the city, since the city doesn't have to keep records of how many hours were worked by how many volunteers, etc. Third, it eliminates the problem of determining what the appropriate indemnity rate is for an unpaid volunteer. (This is particularly problematic with volunteers who don't have other paying employment. ) -3- Fourth, providing voluntary workers compensation coverage would create a potentially unlimited risk for LMCIT, since the reinsurance LMCIT purchases from the state workers compensation reinsurance association wouldn't apply to this exposure. The LMCIT Board was very concerned about the danger of assuming an open-ended risk that conceivably could jeopardize the financial stability of the entire pool in a catastrophic situation. How do we enroll? To enroll, complete the attached form and return it to Berkley Administrators. (Don't worry, this isn't someone new. EBA has just changed its name. It's still the same company that has administered LMCIT's workers compensation program since 1980. ) They will bill the city for the premium. Further information Call Pete Tritz or Pat Deshler at the League office if you have any questions or need any additional information. -4- LEAGUE OF MINNESOTA CITIES INSURANCE TRUST ACCIDENT PLAN FOR CITY VOLUNTEERS Application for Coverage The City of hereby requests coverage under the League of Minnesota Cities Insurance Trust's Accident Plan for City Volunteers effective and agrees to pay the premium established by LMCIT for that coverage. Optional coverages to be included: $1000 medical coverage Yes No Construction or demolition project Yes No Please describe each construction or demolition project to be covered, including the nature and scope of the project, the dates, and the approximate number of volunteers who will be involved. Signature Position Date Return this form to: Berkeley Administrators P.O. Box 59143 Minneapolis, Mn. 55459-0143 COBENT CONSENT Memo To: Dennis R. Kraft, City Administrator From: Gregg Voxland, Finance Director Re: Farm Lease for 1993 Date: November 12, 1992 Introduction Gene Hauer has inquired about renewal of his farm lease for 1993. Background The Hauer family has farmed the land in the north part of Memorial Park for many years. Since the City acquired the land for a park, it has leased the north part to the Hauer family for continued farming. A few years ago, the City checked around for other interested farmers and found none. There are no current City plans to use the area being farmed. A lease form has been sent to Gene Hauer for his signature and it is to be returned for City official's signatures. Mr. Hauer pays the taxes on the land and $250-$500 in rent depending upon flooding conditions. Action Requested Move to authorize proper City officials to execute a farm lease with Gene Hauer for 1993 under the same terms as 1992. Gv:mmr FARM.LEZ CITY OF SHAKOPEE, MINNESOTA FARM LEASE THIS AGREEMENT is made and entered into by and between the City of Shakopee, Minnesota, and Gene Hauer Farms, 2088 Hauer Trail, Shakopee, Minnesota, hereinafter referred to as LESSEE. WITNESSETH: The City and LESSEE, In Consideration of the rents, covenants and agreements herein contained and reserved, do hereby agree each with the other as follows: 1. The City grants and the LESSEE accepts a Lease of the following described premises in Scott County, Minnesota, to wit; Government Lot 1 in Section 31, Township 116, Range 22 and Government Lot 1 Section 32, Township 116, Range 22. 2. The LESSEE agrees that it will not sublet, assign, or in any manner transfer any part of his interest in the premises without the prior written approval of the City. 3. Use of the premises: 3.1 It is agreed the LESSEE shall not use the premises for any purpose contrary to any Federal, State, or local law, rule or regulation. 3.2 The subject premises shall be used only for the purposes of: Agricultural cropping. 4. As rent, the LESSEE agrees to pay the sum of not less than $250.00, and not more than $500.00 prorated with crop loss due to flooding. The amount due payable on, or before November 15, 1993. 5. The LESSEE assumes by this agreement all risk of personal injury of, or death of himself, his employees, customers, invitees, licensees, family or guests while on or about the leased premises, and agrees to save harmless the City of Shakopee for all claims, suits, costs, losses, damages and expenses arising out of such injury or death. 6. The LESSEE assumes by this agreement all risk of injury on the property to himself, his employees, customers, invitees, licensees, family or guests while on or about the leased premises, and agrees to save harmless the City of Shakopee for all claims, suits, losses, cost, damages and expenses arising out of such injury. 7. The LESSEE agrees to maintain the premises, including the control of noxious weeds in the entire 63 acres as required by law or regulations at his expense, and to maintain any and all buildings and their appurtenances on the subject premises. 8. Payment of taxes levied upon the premises during the life of this agreement shall be the complete responsibility of the LESSEE and shall not be considered as a portion of the rental herein involved. LESSEE shall be responsible for taxes due and payable on January 2, 1993. 9. The LESSEE covenants that he will, at the expiration of this agreement, return the premises and any building and appurtenances thereon to the City in the same condition excepting normal use and damage by the elements, and agrees to assume all responsibility for damage to the leased premises which result either directly or indirectly from his occupancy or control. 10. If at any time during the life of this agreement the LESSEE violates any condition thereof, the City shall give written notice to the LESSEE setting forth the activity or omission by the LESSEE which is in violation of this agreement and further gives LESSEE thirty (30) days to remedy said breach. 10.1 In the event that the LESSEE fails to remedy said breach within thirty (30) days of notice by the City, the City may terminate this agreement and the LESSEE shall relinquish possession of the subject property immediately. 10.2 LESSEE shall remove its equipment and implements, but all crops on the subject property shall be the property of the City. 11. The City and the LESSEE agree that the City may sell the subject premises at any time, but the LESSEE shall be permitted to tend and harvest any and all crops on said land before relinquishing possession of the subject property. 12. This agreement shall take effect on January 31, 1993, or when all necessary signatures have been affixed, whichever occurs last, and shall remain in effect until December 31, 1993, or until terminated under Articles 9 or 10 under this agreement, whichever occurs first. 13. In the event that the crop land is leased out to a new tenant for the 1994 crop year, the new tenant shall have the right to fall plow, in 1993, any of the fields where the crops have been removed. In witness whereof said LESSOR and LESSEE have hereunto set their hands on this day of , 1992. In presence of: Gene Hauer Mayor City Administrator City Clerk COFJSENT /1 0 MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: City Hall - Panel Systems Furniture DATE: November 9, 1992 INTRODUCTION: On October 20, 1992 , Intra Design's presented their recommendation for the new City Hall furnishings bid package. It is the opinion of staff that the action taken by City Council regarding Furnishings Bid Package #1 did not clearly address the panel systems furniture. Therefore, staff is requesting City Council to provide clear direction in regard to acquisition of the panels systems furniture. BACKGROUND: Furnishings Bid Package #1 as presented by Intra Design on October 20, 1992 , included office furniture. Bid Package #1 did not include the panel systems furniture. The initial budget projection submitted by Intra Design for the panel systems furniture equated to $50, 000. 00. Intra Design's is recommending that the panel systems furniture be acquired through the State Government Contract. A final cost quotation has been received under the State Government Contract for the panel systems furniture in the amount of $40, 006.94 . This cost includes tax, installation and warehousing. Intra Design is recommending that the appropriate City officials be authorized to acquire the panel systems furniture in the amount of $40, 006.94 under the State Government Contract. ALTERNATIVES: 1. Authorize the appropriate City officials to acquire the panel systems furniture from Facility System, Inc. Office Pavilion (State Government Contract) in the amount of $40, 006.94 . 2 . Do not acquire the panel systems furniture under the State Government Contract. 3 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION REQUESTED: Move to authorize the appropriate City officials to acquire the panel systems furniture from Facility System, Inc. Office Pavilion (State Government Contract) in the amount of $40, 006.94. " P MEMO TO: Dennis R. Kraft, City Admi istrator FROM: Judith S. Cox, City Clerk a' RE: Amendment To Planned Unit I velopment Agreement for Stonebrooke First Addition DATE: November 10, 1992 INTRODUCTION: A request has been made by the owners of the Stonebrooke Golf Course to amend the Planned Unit Development Agreement for Stonebrooke First Addition. BACKGROUND: An attorney was recently examining the title on a lot in Stonebrooke for someone looking at purchasing the lot. While examining the title, the attorney raised a concern about a condition in the Planned Unit Development Agreement. He was concerned that the new property owner would have some liability as a result of this condition. The attorney has asked the developer if the condition could be released so that it would be clear that the property owner has no liability for the said condition. Stonebrooke Golf Course is asking the City to release all parcels not owned by them from the condition in question which is contained in the Planned Unit Development Agreement. When the Stonebrooke property was going through the planned unit development process and the platting process, a condition of approval required the golf course to carry liability insurance. The insurance was required because one of the fairways transcends over a public body of water. To insure insurance coverage, the agreement provides that " . . .should the developer and fee owners fail to maintain the insurance and pay the premiums thereon the same may be done by the City of Shakopee and said amount so advanced by the City shall become a lien upon all of the property in the Planned Unit Development and to be recovered. " At this time, the developer owned all of the property in the PUD and so the PUD agreement covered the entire Stonebrooke 1st Addition plat. Subsequent to the platting, lots have been sold and homes built. There are approximately 32 platted lots and 13 outlots not owned by Stonebrooke Golf Course. All of these parcels are part of the planned unit development and are thus potentially bound by this condition in the Planned Unit Development Agreement. (Some of the outlots will eventually be replatted into future additions. Three of the outlots belong to a resident. ) The insurance requirement was for the benefit of the golf course. Most likely, it was not intended that the homeowners would have to pay for insurance, should the golf course not carry it. (And it is highly unlikely that the golf course would not carry the insurance. ) It would seem reasonable to release all parcels within the Planned Unit Development, not owned by the golf course, from the insurance clause within the Planned Unit Development Agreement. Amendment to Planned Unit Development Agreement November 10, 1992 Page -2- Exhibit "A" shows property owned by the golf course. ) ALTERNATIVES: 1) Approve request for release of parcels from the condition requiring insurance coverage in the PUD agreement. 2) Deny request for the release. RECOMMENDATION: Staff recommends alternative number 1. RECOMMENDED ACTION: Authorize the appropriate city officials to release all parcels not owned by Stonebrooke Golf Course from the condition requiring insurance coverage contained in the Addendum To Planned Unit Development Agreement for Stonebrooke First Addition (recorded as documents 46491 and 261545) . / ADDENDUM TO PLANNED UNIT DEVELOPMENT AGREEMENT WHEREAS, the City of Shakopee and Laurent Builders Inc. together with the fee owners of the property involved in the Planned Unit Development have heretofore entered into a Planned Unit Development Agreement and because of subsequent occurrences it becomes necessary to amend the said Planned Unit Development Agreement to cover the recent occurrences. WHEREFORE, this addendum to the Planned Unit Development Agreement is made and entered into this f'7 day of a tfro t , 1989 by and between the City of Shakopee , a municipal corporation organized under and pursuant to the Laws of the State of Minnesota and located in the county of Scott and State of Minnesota, hereinafter called "the City" and Laurent Builders Inc. hereinafter called "the owner" and the following current fee owners of said property in addition to Laurent Builders Inc. , to-wit: Gary L. Laurent and Sara L. Laurent, his wife, IT IS AGREED that the Homeowners Association for the property involved herein shall be responsible for the annual inspection of all on-site sewage treatment system within the development. The association shall provide a performance bond or letter of credit to the City which can be drawn upon to insure compliance with this requirement. Annual inspection of the report for each on-site system within the development shall be provided to and filed with the City of Shakopee by July 1st of each year starting with July 1, 1990. IT IS FURTHER AGREED, that the golf course to be built upon the premises covered by the aforementioned agreement shall be insured in an amount sufficient to protect and save the various owners from any and all liability resulting from the playing of golf over public land and water and the policy shall name the City as co- insured and a copy thereof shall be filed with the City of Shakopee at all times I and should the developer and fee owners fail to maintain the insurance and pay the premiums thereon the same may be done by the City of Shakopee and said amount so . 4 advanced by the City shall become a lien upon all of the property in the Planned Unit Development and to be recovered. • • further requirement is that the developer and association shall maintain 16 foot emergency access roadway the year around including snow removal running from the cul-de-sac at the end of Lakeview Drive to County Road 17. The emergency access shall be closed year around but with breakaway barriers at one or both ends that can be broken open in case of an emergency. IT IS MUTUALLY AGREED that this agreement shall bind both parties hereto, the successors and assigns of the parties,and IN WITNESS WHEREOF, the City, the owner and other fee owners other than the developer, have caused this Addendum to be duly executed on the day and year first above written. CITY OF SHAKOPEE By � - 4-i.0 Mayor By /611610 )(4220 City Ad inistrator II , By �I,n. .( : . ;, City Clerk LAURENT.BUILDERS,INC. , DEVELOPER, By _c�-�" Its Pr en By01 ,-. C...-(..4..4-1,..-1-. Its . Drafted by: Julius A. Coller II City Attorney 211 West 1st Avenue Shakopee, Mn. 55379 EXHIBIT "A" orrr- r • 0000 w R R R R R K t--, C) O t— INC' (D rn Cf) C7 b C:7br—, r-, 0 L, r-' r-, O O £ • 0000 (') C) X T () C-1 r X X' G- -------- . — :. i---s N.) t -- r F "i N Q' _——___ -.!CDYMT7 ROAD NO. 79 r J M r .............. :::: rr 7. rIw r• , :: ox o I li w � „ i -- r,a a s a . -: NC (1), rK r •• 1... r.' O n r t: Y WO ♦ 'Sr . M " •j% Y m •'•j •M L J C) G V r.:< EI. L �r2 [/`, ✓ i b V• S r, 1• .v. r� _ �e. [7 • tet. �h to O r r: •. � v:::•::�:i::::':�i:`.':::i:'.:::is::�:�:::: :•.. 2 vs:, ::: ::::: f ff :r - i w• .rte a Z r � n .r F W' w to r: i .. er 1 a`t 0 G a e • C Y. ••'fir.: ♦ R .s v Q +,.-,.::.:�::•::: : :�:<� iii%�:. Iii -- rr ice b.- •:: _ = QG 1 IF :✓::' `tom ;4r• t ^ T ( O S:c CI) •t: !kn B t+ r •somas– p '`,..i. ,_.eii_�`�� +� »�Z»—"�"' �1 is r-� .... "s+ i --•:."1..,.:.-.• . j.. it (� L7 ..t.r.Iiii..i :•:::::•.:%; :4...4! iiiiiitttttt.....,��. •1` _ r w t 9 S �.1 4 - • 4 4 v L _ a i.:rt _, . •. r••.. • :._Ki. » F 1 �> - s5 •IgVr Z�• . 1 tpf •A .''. •.Z. •.ham ..L _ -;.. 1k) , MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: League of Minnesota Cities Proposed 1993 City Policies and Priorities DATE: November 13 , 1992 INTRODUCTION: The League of Minnesota Cities policy meeting will be held on Thursday, November 19th. Council members in attendance will need to be apprised of the will of the entire Council so that they can accurately represent the Council. BACKGROUND: Annually, the League adopts policies for the upcoming legislative session. The membership meeting is scheduled for November 19th, and at that time the policies will be voted on. Attached are the Proposed 1993 City Policies and Priorities. ACTION REQUESTED: Discuss the policies and direct the Council ' s representatives to vote for those policies. ri! I g 3490 Lexington Avenue North St. Paul,MN 55126 League of Minnesota Cities (612)490-5600 October 28, 1992 To: Managers or Clerks (Please distribute a copy of these materials to your mayor and councilmembers) From: Cam Andre, Executive Director ,/a' Subject: 1993 Policy Adoption Conference and Legislative Policies During the past few months there has been a great deal of attention focused on national, state and local elections As a member of the League of Minnesota Cities, your city is entitled to vote on the enclosed Proposed 1993 City Policies and Priorities. The policies address significant city issues such as local government aid, other property tax relief programs, tax increment financing, transportation funding, pay equity, solid waste, and wetlands protection. We will also discuss the League's city aid formula proposal. The League membership will vote on these policies as part of the LMC Policy Adoption Conference, which will be held on Thursday, November 19, 1992, at the Decathlon Club, 7800 Cedar Avenue South, Bloomington. The club is located on the south frontage road along I-494. Take the 12th Ave. exit to reach the site. The phone number is (612) 854-7777. In addition to the consideration of the proposed policies, city officials will have an opportunity to hear from a variety of speakers on municipal issues. A description of the program and a registration form is provided on the reverse side of this letter. In order for League staff to plan properly for the meeting we urge our to members register early. OVER League of Minnesota Cities _- 1992 Policy Adoption Program Thursday, November 19, 1992 The Decathlon Club The Decathlon Club 7800 Cedar Avenue South Bloomington,MN 55425 Schedule (612) 8547777 9:30 a.m. President's message—Larry Bakken, LMC President and Mayor, Golden Valley 9:45 a.m. Session preview—Legislative perspectives on major issues affecting cities: State budget and city aid Mandates Solid waste 10:45 a.m. Break 11:00 a.m. Report and recommendations on the League of Minnesota Cities city aid formula proposal. 12:00 noon Lunch 1:00 p.m. Adoption of Proposed Policies Federal Legislative Mandates Development Strategies Elections and Ethics General Legislation and Personnel Land Use, Energy, Environment and Transportation Revenue Sources Ash, I 3490 Lexington Avenue North St. Paul,MN 55126 League of Minnesota Cities (612)490-5600 LEAGUE OF MINNESOTA CITIES POLICY ADOPTION MEETING RULES 1. Registration Registration shall remain open from the previously announced opening of conference registration until completion of policy adoption. 2. Voting Privileges Only one delegate per city shall be permitted to vote on policy proposals, priorities, or motions. Each current LMC member city shall designate one official as delegate (and may select another city official as an alternate) for voting purposes. Only those officials with voting cards for their cities shall be eligible to vote. Possession of the voting card of the city and the signed voting card register shall be evidence that the holder of the voting car is the city's delegate for purposes of voting. 3. Committee Reports The chair or vice chair of each committee shall present the committee report and move adoption of the policy statements. After adoption of policy language, the chair or vice chair shall move adoption of priority rankings. Upon a motion by at least 10 delegates, the chair shall place on the agenda for discussion: 1) a proposal to make a substantive change in the language of a proposed policy, 2) change a priority, 3) a request to divide a proposed policy statement, or 4) to take a position which the appropriate policy committee chair or representative states was not considered by the committee. The text of nonprocedural motions and amendments, other than changes in policy priorities and motions to divide a policy statement, must be submitted in writing to the chair prior to debate. = OVER = 4. Majority Required A) Amendments to language or division of proposed policy statements require a majority vote of the City delegates voting on the motion. B) Final passage of any policy or amended policy or change in priority requires a favorable vote of 2/3 of the City delegates voting on the policy. S. Disputes Disputes regarding eligibility to vote shall be referred to the LMC General Counsel and may be appealed to the conference. Such reports or appeals shall be a special order of business and may be taken up at any time a new question (main motion) is in order. 6. Limits on Debate Each speaker shall be limited to three minutes on any debatable question. The chair may extend the debate limits in order to consider an issue if numerous delegates request to be heard on the issue. The chair may reduce the time allotted for debate in order to complete policy adoption, but in no case shall the length of time be reduced to less than three minutes per side. 7. Parliamentary Procedure Precedence. The policy adoption process shall be governed by the LMC Constitution, these rules, and Roberts Rules of Order, Revised. The conference shall be its own judge of these rules and Roberts Rules of Order. Appeal of the Chair. Debate of the motion "appeal of the ruling of the chair," rule #6 notwithstanding, shall be limited to two minutes by the appealer and two minutes by the chair. Either may designate another eligible voting delegate (or LMC officer or board member) to speak in his/her place. Changes. Motions to "rescind" and "reconsider" shall require a two-thirds vote of delegates present and voting. 8. Number of "A" Priorities A motion to change a proposed policy's priority to an "A" priority must also propose another "A" proposed policy to be reduced below an "A" priority. The fmal number of "A" priority policies shall not exceed the number proposed to the conference by the Legislative Committee, but when a policy with a proposed "A" priority is divided, the number of "A" priorities shall not be considered to be increased. VL CD • 4-1 • c..) ct Proposed -4-.) 19930 r a) City Policies 0 0 and P • ,--, for legislative and I administrative action 0 CD bel cid a) 1--. 3490 Lexington Avenue North rr St. Paul, MN 55126-2977 (612)490-5600 FAX(612)490-0072 © 1992 League of Minnesota Cities All rights reserved Printed in the United States of America Legislative Policy Committee Members `-- Development Strategies Liz Witt,Dep.Clerk,Eagan Evelyn Woulfe,City Clerk Bloomington Craig Waldron,Economic Development Director,Roseville—Chair Robert Haarman, Administrator,Sauk Rapids—Vice Chair General Legislation and Personnel Duane D.Aden,City Administrator,Marshall Cynthia Albright,Councilmember,Duluth William Thompson,Mayor,Coon Rapids—Chair David R.Arvig,Mayor,Twin Valley Michael McCauley,City Manager,Waseca—Vice Chair Thomas Burman,Councilmember,Aitkin Richard Abraham,Administrator,Lake City Charmayne J.Cochran,Councilmember,Spring Valley Gary Bastian,Mayor,Maplewood Romeo Cyr,Mayor,Red Wing Lynn Boland,Personnel Director,Apple Valley Chuck Dillerud,Community Development Dir.,Plymouth Patrick Boley,Mayor's Office,St.Paul Brian Fritsinger,Community Development Dir.,Perham Lorraine Browne,Mayor,Atwater Larry D.Hansen,Administrator,Stewartville Thomas Burt,City Manager,St.Anthony Tem Heaton,Dep.Dir.of Admin.Serv.,Bloomington Mike Cmobrna,Personnel Director,Burnsville Jon Hohenstein,Asst.to Administrator,Eagan Steven Devich,Assistant Manager,Richfield Susan Hoyt,Administrator,Falcon Heights Holly Duffy,Asst.to Administrator,Eagan Liz Jensen,Councilmember,Mound Dick Engebretson,Mayor,Deephaven Ronald S.Johnson,Administrator,Zumbrota Bob Fragnito,Mayor,Nashwauk Steven Jones,Administrator,Mom Kelly P.Frawley,Asst to Admin./Personnel Offer.,Cottage Grove Andrea Hart Kajer,Legislative Liaison,Minneapolis Glenn Gabriel,Director Public Safety,Mankato Tom Kedrowski,Councilmember,Prior Lake Don Gadow,Councilmember,Annandale Mark D.Larson,Administrator,Glencoe Karl Glade,Councilmember,Alexandria Scott Larson,Administrator,Cambridge Todd Hagedorn,Councilmember,Oronoco Joan Lynch,Councilmember,Shakopee Ken Hartung,Administrator,Bayport Paula Maccabee,Councilmember,St.Paul Paul Hicks,Councilmember,Hastings John Moravec,Councilmember,Crystal Brian Holzer,Fire Chief,Burnsville Bruce Peterson,Community Development Dir,Willmar Jeffrey Jacobs,Councilmember,St.Louis Park Harold A.Rainey,Executive Dir.EDA,Mountain Lake Andrea Hart Kajer,Legislative Liaison,Minneapolis Ron Rogstad,Admin.Serv.Dir.,Oakdale John Kelley,Chief of Police,New Brighton Mary Saeger,Councilmember,Olivia Stephen King,Manager,Montevideo Larry Siegler,Councilmember,Fairmont Audrey Krebs,Councilmember,Breckenridge Ronald A.Stenstrom,Councilmember,Blaine Tom Krueger,Councilmember,Crystal Carol Tiedeman Zupetz,Mayor,Mountain Iron Anthony Mayer,General Mgr.—Crosslake Telephone Co.,Crosslake Judy Tschumper,Economic Development Dir,Burnsville Kathleen McBride,Finance Director,So.St.Paul Alf Wikstrom,Adminstrator,Young America Jean McConnell,Councilmember,Rochester Kent Michaelson,Dir.,Personnel/Labor Relations,Bloomington Election and Ethics Mancel Mitchell,Police Chief,St.Louis Park Mark Nagel,City Manager,Anoka Dianne Krogh,Assistant Manager/Clerk West St.Paul—Chair James Norman,Administrator,Renville Fran Clark,City Clerk,Mound—Vice Chair Samantha Orduno,Administrator,Mounds View Lucille E.Aurelius,Clerk,Maplewood Desyl Peterson,City Attorney,Minnetonka James Cosgrove,Admin.Serv.Dir.,So.St.Paul Marty Pinkney,Councilmember,Moorhead Judith Cox,City Clerk,Shakopee Miriam Porter,Administrator,Victoria Patricia Crawford,Clerk/Treas.,Motley Bryan Read,City Administrator,Kenyon Thomas P.Ferber,Clerk,Richfield Michael Reardon,President,MACTA,Eagan Darlene George,City Clerk,Crystal Thomas Reber,Administrator,Fairmont Carole Grimm,Clerk,Rochester Robert Roesler,Councilmember,Sherburn Barbara Heppelmann,Clerk/Treas.,Bellechester Howard Rowland,Personnel Director,Brooklyn Park Christine Koch,Councilmember,Mendota Heights Mark Sather,City Manager,White Bear Lake Barbara Lanum,Councilmember,Bass Brook Susan Schumacher,Assistant to Administrator,Maple Grove Scott Luse,Councilmember,Long Lake Dan Scott,Police Chief,Buffalo Myrna Maikkula,City Clerk,Brooklyn Park Jeanette Sobania,Personnel Coordinator,Plymouth Harry Mares,Mayor,White Bear Lake Jan Tubandt,Councilmember,Wadena Joyce Mercil,Director of Elections,Minneapolis Joyce Twistol,Clerk,Blaine Mary Mueller,City Clerk,Apple Valley David Unmacht,Manager,Prior Lake Doris Nivala,Adm./Clerk/Treas.,Ham Lake Betty Zachmann,Clerk/Treas.,Winsted Molly O'Rourke,City Clerk,St.Paul Susan Olesen,City Clerk,Burnsville Land Use,Energy,Environment,and Transportation Joan Russell,Councilmember,Golden Valley JoAnne Student,Deputy Clerk,Columbia Heights Chuck Siggerud,Public Works Director,Burnsville--Chair Maria Vasiliou,Councilmember,Plymouth Curtis Jacobsen,City Administrator,Howard Lake—Vice Chair Sue Walsh,City Clerk,Rosemount Bill Barnhart,State Liaison,Minneapolis 1993 City Policies and Priorities 1 Lynn Becklin,Councilmember,Cambridge Greg Isaackson,Clerk-Administrator,Cottonwood Robert Henke,Mayor,New Brighton John Jensvold,Asst.to Administrator,Faribault, Jerome Bohnsack,Clerk Administrator,New Prague Robert W.Johnson,City Administrator,Montgomery Lavonne Bowman,Councilmember,Fairmont Darrell Johnson,Treasurer/Fin.Officer,Winona --. Frank Boyles,Assistant City Manager,Plymouth Ferner`Skip"Johnson,Councilmember,Mound Gerald Breuer,City Administrator,Staples Jeffrey E.Karlson,Clerk/Treas.,Annandale Gary Brown,Engineer,Brooklyn Park David J.Kennedy,City Attorney,Crystal Bruce Bullert,Engineer,Savage Duane Knutson,Mayor,Fertile Don Christianson,Public Works Superintendent,Perham Lynn Lander,Administrator,Hermantown Scott Clark,Planning Director,Brooklyn Park Bob Long,Councilmember,St.Paul Bonnie Cumberland,Mayor,Brainerd Steven Mielke,City Manager,Hopkins Bob Derma,Administrator,Corcoran Kathleen Miller,Administrator,Lauderdale Jerry Dulgar,City Manager,Crystal Ron Moorse,Administrator,Orono Julian Empson,Public Works Dept.,St.Paul Doug Nakari,Admr/Clerk/Treas.,Cook L.A.Ewert,City Clerk,Waldorf Dennis Nelson,Clerk/Treas.,Windom Gloria Johnson,Councilmember,Golden Valley Lanelle Olsen,Councilmember,Northfield Vernon A.Johnson,Councilmember,Roseville Lyle R.Olson,Director of Admin.Serv.,Bloomington Marvin Johnson,Mayor, Independence Steven Perkins,City Administrator,Luveme, Laurence Jung,Planning Commission Chair,Mendota Dave Pokomey,Administrator,Chaska Mark Kamowski,Administrator,Lindstrom Craig Rapp,City Manager,Brooklyn Park Bill Klein,Councilmember,Inver Grove Heights Jon E.Raw,Councilmember,Rothsay Tony Knapp,Councilmember,Mankato Al Ringsmutb, Mayor,Waite Park Harry A.Lyon,Jr.,Councilmember,North St.Paul John Sandquist,Councilmember,Red Wing Dean Massett,Council Administrator,Red Wing Mark Sievert,City Administrator,St.James R.David Miller,Economic Development Director,Dodge Center Greg Sparks,City Administrator,Worthington Robert F.Morgan,Administrator,Branch Virginia Sterling,Councilmember,Apple Valley Larry Nicholson,Councilmember,Moorhead Bradley Swenson,Administrator,Wadena Bill Ottensmann,Director Public Works,Coon Rapids Kurt Ulrich,Administrator,Champlin Mary Petersson,Councilmember,Rochester Gene Vanoverbeke,Finance Dir/Clerk,Eagan Stanley Rensberger,Councilmember,Ortonville Daniel J.Vogt,Admr/Clerk/Treas.,Brainerd Pat Rickaby,Councilmember,Mounds View James Willis,City Manager,Plymouth Terry Schneider,Councilmember,Minnetonka John Young Jr.,Councilmember,Hawley Ryan Schroeder,Administrator,Ramsey Paul Zinnny,Councilmember,Royalton �' Betty Sindt,Councilmember,Lakeville Marsha Soucheray,Councilmember,Shoreview Federal Legislative Glenda Spiotta,City Administrator,Sunfish Lake Dean Swanson,Councilmember,Crosslake Yvonne Prettner,Councilmember,Duluth Chair Gene White,Councilmember,Prior Lake Karen Anderson,Councilmember,Minnetonka Larry Bakken,Mayor,Golden Valley Revenue Sources Janel Bush,Federal Liaison,Minneapolis David Childs,City Manager,New Brighton John Feda,Mayor,Marshall—Chair Stan T.Christ,Mayor,Mankato Karen Anderson,Councilmember,Minnetonka—Vice Chair Steve Cramer,Councilmember,Minneapolis Duke Addicks,State Legislative Liaison,Minneapolis Erick Engh,Councilmember,Brooklyn Park Kurt E.Anderson,Mayor,Crosslake Kevin Frazell,City Administrator,Cottage Grove Les Anderson,Finance Director,Burnsville Sue Hess,Councilmember,St.Cloud Ronald L.Anderson,Mayor,Blooming Prairie James Hurm,Administrator,Shorewood James W.Antonen,City Manager,Moorhead Greg Konat,Manager,Burnsville William Bassett,City Manager,Mankato Gail Lippert,Administrator/Clerk/Treas.,Greenfreld Michael Bisan7,Mayor,West St.Paul Bob Long,Councilmember,St. Paul Douglas Bunkers,City Administrator,Madison Millie MacLeod,Councilmember,Moorhead Edward Burrell,Finance Director,Roseville Elizabeth Martinson,Councilmember,Cook Dave Callister,Administrator,Tonka Bay Bruce Nawrocki,Council President,Columbia Heights Paul Ciemia,Councilmember,Falcon Heights Lanelle Olsen,Councilmember,Northfield Willard Clark,Council President,Two Harbors Doug Pearson,Councilmember,Brooklyn Park Ruth Crawford,Councilmember,Rochester Steven Perkins,City Administrator,Luveme Terry Dassault,Asst.to City Manager,Blaine Neil Peterson,Mayor,Bloomington Dan Elwood,Administrator,Spring Valley Mary Petersson,Councilmember,Rochester Dan Faust,Finance Director,Maplewood Clarence Ranallo,Mayor,St.Anthony Kathleen Gaylord,Councilmember,So.St.Paul David E.Runkel,Councilmember,Harmony Alvin J.Gruis,Councilmember,Rushmore Tony Scallon,Councilmember,Minneapolis Francis D.Hagen,Manager,Robbinsdale Peter Stolley,City Administrator,Northfield Lyle Hanks,Mayor,St.Louis Park Terence Stone,Mayor,Madelia Joel Hanson,Administrator,Little Canada Brenda Thomas,Councilmember,Roseville Blaine C.Hill,Clerk/Treas.,Breckenridge John Young Jr.,Councilmember,Hawley 2 League of Minnesota Cities General Policy Statement One of the most important purposes of the League of Minnesota Cities is to serve as a vehicle for cities to define common problems and develop policies and proposals to solve those problems. The League of Minnesota Cities represents 804 of Minnesota's 855 cities as well as 10 urban towns and 21 special districts. All sizes of communities are represented among the League's members (the largest non-member city has a population of 223) and each region of the state is represented. The policies that follow are directed at specific city issues. Two principles guide the development of all League policies: 1. Minnesota cities' need for a governmental system which allows flexibility and authority for cities to meet challenges for governing our cities and providing our citizens with services while at the same time protecting cities from unfunded or underfunded mandates,liability or other financial risk, and restrictions on local control; and 2. That the financial and technical requirements for governing and providing services necessitate a continuing and strengthened partnership with federal state, and local governments. This partnership particularly in the areas of finance, development, housing, environment, and transportation is critical for the successful operation of Minnesota's cities and the well-being of city residents. PRIORITY SETTING "A"priority indicates a major issue area to which the League would devote a large amount of time and resources, working actively with legislators and other groups to seek new laws or regulations, and when appropriate introduce legislation. "B"priority indicates issue areas that are important to cities but on which the League would probably spend less time unless the legislature or other groups mount a major effort to which the League would respond. "C"priority indicates issue areas to which the League would respond only when other groups raise the issue and to which the League would not commit a significant amount of staff time. 1993 City Policies and Priorities 3 Contents Legislative Policy Committee Members 1 ""\ General Policy Statement 3 Mandates Policy 6 Development Strategies DS-1. Development of Polluted Lands A 7 DS-2. Tax Increment Financing A 7 DS-3. Building Permit Surcharge Fees B 8 DS-4. Development Financing B 8 DS-5. Housing B 8 DS-6. Municipal Service Districts B 9 DS-7. Small Cities Community Development Block Grant Programs B 9 DS-8. State and Local Development Policy B 9 DS-9. Economic Development Authorities C 10 DS-10. Tax-Exempt Status of Land Cities Hold for Development C 10 Elections and Ethics • EE-1. Absentee Balloting A 11 EE-2. All Mail-in Ballot Elections A 11 EE-3. Authority to Fill Vacancies by Appointment B 11 EE-4. Automatic Recounts B 12 EE-5. Lobbyist Reporting Requirements B 12 EE-6. Precinct Boundaries B 12 EE-7. Reimbursement for State Elections B 13 EE-8. Reporting Votes for Write-In Candidates B 13 EE-9. Structure of City Government B 13 EE-10. Absentee Ballots for Hospitalized Voters C 13 EE-11. Limiting Local Campaign Contributions C 13 EE-12. Local Elections C 14 ...-..\ EE-13. Optional Poll Hours C 14 EE-14. Presidential Primary C 14 EE-15. Removal of Candidate Name from Ballot C 15 EE-16. Schedule for Redistricting C 15 EE-17. Voter Fraud C 16 General Legislation and Personnel GLP-1. Comparable Worth A 17 GLP-2. Minnesota Public Employment Labor Relations Act(PELRA)A 18 GLP-3. Tort Liability and Insurance A 18 GLP-4. Veterans' Preference B 19 GLP-5. Employee Benefits B 19 GLP-6. Employee Training and Education Requirements B 20 GLP-7. Local Police and Paid Fire Relief Associations B 20 GLP-8. Open Meetings and Data Practices B 21 GLP-9. Prevailing Wage B 22 GLP-10. Public Contracting B 22 GLP-11. Public Employees Retirement Association(PERA)Benefits,Financing,and Administration B 22 GLP-12. Recovery of State Program Administration Costs B 23 GLP-13. Stalking and Other Harassing Behavior B 23 GLP-14. Utility Service Territories B 23 GLP-15. Volunteer Firefighters B 23 GLP-16. Cable Communications C GLP-17. Gopher State One-Call C 23 GLP-18. Liquor Issues C 24 24 GLP-19. Military Leaves C 24 GLP-20. Presumptions for Workers'Compensation Benefits C 25 4 League of Minnesota Cities Land Use,Energy,Environment,and Transportation LUEET-1. Solid and Hazardous Waste Management A 26 LUEET-2. Transportation Systems Funding A 27 LUEET-3. Transportation Utility Fee A 28 `-- LUEET-4. Wetlands Conservation A 28 LUEET-5. Annexation A 29 LUEET-6. Municipal State Aid System B 29 LUEET-7. Railroad Right-of-Way Preservation B 30 LUEET-8. Transportation Services Fund B 30 LUEET-9. Wastewater Treatment B 30 LUEET-10. Water Conservation and Preservation B 31 LUEET-11. Zoning,Subdivision,and Planning Statutes B 32 LUEET-I2. Energy Conservation C 32 LUEET-13. Environmental Trust Fund C 32 LUEET-14. Road and Highway Jurisdiction and Funding C 33 Revenue Sources RS-l. Property Tax Reform and State Aid to Cities A 35 RS-2. City Fund Balances A 36 RS-3. Service Duplication Taxation Exclusion B 37 RS-4. City Financial Reporting Requirements B 37 RS-5. Cooperation,Collaboration,and Consolidation B 37 RS-6. Penalties and Interest on Delinquent Property Taxes B 37 RS-7. Service Fees for Government-Owned Property B 38 RS-8. State Administrative Costs B 38 RS-9. License Fees C 38 RS-10. Local Property Tax Authority C 39 RS-11. Referendum Levies C 39 RS-12. Sales Ratios C 39 RS-13. Taxation Hearing and Notification Law C 39 Federal Legislative \%--- FL-1. Single Family Mortgage Bonds 41 FL-2. Homelessness/Housing Issues 41 FL-3. HOME Investment Partnership 42 FL-4. HOPE-Home Ownership and Opportunity for People Everywhere 42 FL-5. Incentives to Preserve Affordable Rental Housing 42 FL-6. Removal of Regulatory Barriers 42 FL-7. Comprehensive Housing Assistance Strategy(CHAS) 43 FL-8. FHA Insurance Changes 43 FL-9. Portability of Section 8 Housing Certificates and Vouchers 43 FL-10. Siting of group Home Residential Facilities 44 FL-11. Mixed Populations 44 FL-12. Anti-Drug Abuse:Prevention and Assistance 44 FL-13. Federal/Local Fiscal Relations 45 FL-14. Federal Mandates 46 FL-15. Solid Waste Management 47 FL-16. Airport Noise Control 48 FL-17. Cable Television Regulation 48 FL-18. Economic Development 49 FL-19. Rural Development Issues 50 FL-20. Groundwater Protection 52 FL-21. Clean Water Act 52 FL-22. Lead Contamination 53 FL-23. Transportation 53 FL-24. Passenger Facility Charges and Airport Trust Fund Expenditures 54 FL-25. Refugee Assistance 55 FL-26. Social Security Deductions for Election Judges 56 FL-27. Government Accounting Reporting Requirements 56 1993 City Policies and Priorities 5 Mandates The League opposes any additional unfunded state Except under the following conditions,the noncompli- mandates and urges the governor,Legislature, and ance option for state mandates should be available to state agencies to adopt a policy of deliberate restraint local governments: against new mandates, through statute and rule, and the costs which are passed on to local governments. • The state pays for the full local costs of the man- The League supports legislation which would allow date from a source other than the Local Govern- local governments to not comply with unfunded ment Trust Fund (LGTF); mandates. The League also urges the Legislature to review, repeal, or revise current mandates. • A new non-property tax source of local revenue is authorized to pay for the mandate; One of the most serious problems facing cities is the growth in the number and cost of federal and state- • The mandate law is approved by a 2/3 vote of both mandated programs which substitute the judgments of the House and the Senate and the costs do not Congress and the Legislature for local budget priori- exceed the fiscal impacts which have been esti- ties. Recent examples of costly mandates include: mated through an improved state-local fiscal note comparable worth, binding arbitration,prevailing process; or wage, legal compliance audits, newspaper publications, and election requirements. • The mandate and the associated expenses are federal, not state, requirements. The League,therefore, supports legislation which allows noncompliance with new unfunded mandates. The League believes that a statement of compelling The League recommends that only under specific statewide interest and need for a new mandate should conditions should this noncompliance option not be be required both for new laws and for state agency available. rules. 6 League of Minnesota Cities Development Strategies -- DS-1. Development of Polluted Property (A) Polluted sites will continue to have a blighting influ- ence on our communities and pose a potential health The League supports legislation that would: threat to our state's citizens unless this problem is addressed. A. Eliminate state aid penalties for tax increment financing for hazardous substance subdistricts; DS-2. Tax Increment Financing (A) B. Provide a source of funding for a statewide The League supports changes to the tax increment revolving loan fund for the clean-up of contaminated financing (TIF) laws which will make this economic sites which have potential for development; development, redevelopment, and housing tool more usable, including general authority for pollution C. Make "no action letters"available to the private districts and elimination of the city aid penalty. sector as well as the public sector, with a requirement for certainty of closure; and The changes to TIF made during the 1988, 1989, and 1990 legislative sessions have restricted TIF,and,as a D. Create and enforce Pollution Control Agency result, have reduced the ability of cities to engage in development action response timelines. needed development and redevelopment. TIF should be modified to allow cities to address blight or pollu- Across the state, Minnesota cities are faced with tion, or for economic development and redevelopment tremendous obstacles to the development of polluted which can be addressed in a relatively short period of properties. The Legislature has taken encouraging time. Considering these priorities, cities should have action to address the liability exposure for development authority to create the redevelopment, renewal/renova- of polluted property. The extensive costs of clean-up tion, manufacturing, housing,underground space,and -- still present an obstacle to development of polluted soils condition districts. land. Clean-up costs often exceed the value of the land so there is no incentive for private sector intervention. Statewide authority should also be granted for all cities Public sector subsidies are therefore critical. to create pollution districts. TIF authorities should be strongly encouraged to clean up contaminated proper- In 1990, legislative changes to the tax increment law ties. Redevelopment and renewaLrenovation districts made hazardous substance subdistricts useless in should be able to be redesignated as pollution districts providing assistance with clean-up costs, and Super- if pollution requiring significant clean-up costs are fund dollars are not sufficient to address this need. In discovered in the district. addition,there is some question whether designation as a Superfund site may have negative ramifications for Durational limits on districts could be reduced,pro- later development. vided the TIF authority is statutorily permitted to determine the appropriate date on which to receive the The Minnesota Pollution Control Agency (MPCA) is first full increment. "Full increment" is the increment often unable to meet the necessary timelines for issuing collected from the market value of the improvements "no action letters." In collaboration with city officials, which are determined by the assessor to approximate the MPCA should immediately develop reasonable the market value that is identified in the plan or response timelines to improve their ability to facilitate development agreement. This process is current clean-up of polluted properties. Development opportu- practice for the administration of TIF in most counties. nities can be lost as a result of such delays. In addi- tion, while"no action letters"are readily available for Qualified districts should not be subject to the aid public entities,they are not available to the private penalty provisions contained in current law. A district sector. In addition, some certainty concerning"clo- whose tax capacity has a growth rate for the previous sure" is needed after a property has been cleaned up five years that is less than that of the school district in according to directions by the MPCA. which it is located would be"qualified." In addition, 1993 City Policies and Priorities 7 pi4 Ls; • , because of the job creation and positive economic Federal tax legislation has substantially changed the impacts,all manufacturing districts should be exempt applicability of tax-exempt development financing. As from the aid penalty. a result,the League recommends the following prin- ciples: In order to address certain blight,pollution,and urban problems,the League also urges the Legislature to • Municipal retention of maximum of Minnesota remove the pooling and five year restrictions on tax-exempt development allocation authority; renewal and renovation districts, redevelopment districts,pollution districts, and urban revitalization • Maintenance of local discretion and flexibility in action program(URAP)areas. development decisions;and Limited use of tax abatements, in coordination with • Minimizing state control of local development county officials, offers a new mechanism to address decisions. The League asks that the governor and problems which does not require the corrective actions the Legislature continue to involve the League in of a tax increment district. Abatements, however, do developing a method of allocating the authority to not serve as an adequate replacement for TIF; tempo- issue tax-exempt bonds. rarily shifting tax burdens to other properties can provide only limited solutions for specific problems or DS-5. Housing (B) properties. The League urges the Legislature to continue support for measures which enable cities to preserve afford- DS-3. Building Permit Surcharge Fees (B) able housing stock and to finance new construction The Legislature should reinstate the law which of single and multi family housing that meets local returns the amount of locally generated building needs. The League recommends these specific ac- permit surcharge fees which exceed the costs of the tions. state building code division to local units of govern- A. The state aid penalties should be repealed for tax ment. increment financing(TIF) housing districts. The tax increments available from low-and moderate-income Local units of government levy a one-half percent housing projects and scattered site projects are fre- surcharge on building permits which is paid to the state quently too low to create viable projects, and the needs to operate the State Building Codes and Standards for such housing are not being fully met. The city aid Division. Until the 1991 Legislature changed the law penalty adopted in 1990 makes this situation worse, at the request of the governor,any excess fees over and it should be repealed. actual operating costs were proportionately rebated to local units to help pay for training and continuing B. The share of market value in the TIF housing education costs for building officials who enforce the project that can be used for purposes other than low- state's building code. Local units of government are and moderate-income housing should be increased facing tough financial times and need every available from 20 percent to 35 percent. The opportunity for a resource, especially one which is locally generated and project to include a greater share of higher-income is not needed to fund the enforcing state agency. housing,commercial, or other properties in a TIF housing district can frequently make possible the DS-4. Development Financing(B) construction of low-and moderate-income housing which would otherwise not occur. The League supports the continued use of industrial development bonds (IDBS) and other tax-exempt C. The differences in property tax class rates between instruments as development tools. owner-occupied property and rental property should be reduced The first$72,000 of homestead property Tax-exempt financing allows cities to undertake a has a class rate of 1.0 percent of market value, com- diverse range of activities to prevent economic deterio- pared to 2.5 percent of market value(one-three units), ration,to attract new businesses and jobs,to retain and 3.4 percent for rental housing with four or more existing businesses and jobs,and to maintain and units. These large class rate differences discourage the strengthen the local tax base. construction and ownership of multifamily rental 8 League of Minnesota Cities housing,as well as the availability and upkeep of This interpretation has made it more difficult to assess single-family housing on a rental basis. all(or even part) of a capital improvement project to repair or replace,as opposed to newly built improve- -- D. Property tax relief for low-income rental housing ments. should be tied to agreements by developers and property owners to maintain affordable rates to In addition, cities' abilities to finance annual operating assure long-term availability of such units. and maintenance costs of some services to property through the use of special service charges is unclear E. The procedure for allocating low-income housing under current law. tax credits enacted by the 1990 Legislature should be continued. The only current financing alternative to special assessments or services charges,the general property F. The housing impact and replacement mandates tax, is not appropriate to finance some capital or enacted by the 1989 Legislature should not be tight- operating expenses. ened or extended to all cities. Cities and their devel- opment organizations follow extensive due process DS-7. Small Cities Community Development Block procedures,and are required to provide relocation Grant Programs (B) benefits and assistance. Measures that also require cities to replace low-income housing on a one-for-one The League supports state administration of the basis are unreasonably hindering public improvements small cities portion of the Community Development and efforts to improve the local economy and standard Block Grant(CDBG)program. The League also of living. The state's compliance requirements which supports the continuation of the set-aside of federal apply to Duluth, Minneapolis,and St. Paul should be funds for economic development grants and aug- changed to match the federal relocation guidelines. men ted state appropriations to supplement the federal funds set aside. DS-6. Municipal Service Districts (B) The small cities CDBG program should continue as a The League supports legislation allowing cities to source of funding which encourages cities to develop create municipal service districts. Cities should have viable communities by providing decent housing and authority to finance the types of improvements listed suitable living environments and expanding economic in Minn. Stat. 429.021 (relating to the construction, opportunities, principally for low-and moderate- replacement, and maintenance of such things as income people. The state should maintain the CDBG streets, sidewalks,gutters, storm and sanitary sewers, program balance between cities' economic develop- waterworks systems, street lights and public lights, ment needs and the needs of low-and moderate- and public malls,parks, or courtyards) without income people. Cities should retain maximum flexibil- having to obtain specific authorizing legislation. ity in determining how to carry out CDBG program Current law already includes the necessary safe- objectives. guards to ensure the local participation and support of affected taxpayers. Both service charges and ad The League suggests that an expanded program, valorem property taxes should be available to finance including a formula for matching, require state funds to services or capital improvements in the district. be used to match local funds. The program should be designed to encourage cities to recycle state funds and Court decisions concerning special assessments have the local match, and to leverage public funds and to fill made it even more difficult for cities to use special in financing gaps. These funds should not be used to assessments to finance public services and improve- provide financial incentives to new start-up or relocat- ments. The Minnesota Supreme Court has interpreted ing businesses within the state. the Minnesota Constitution to require not only that a special assessment project"specially benefit"affected DS-8. State and Local Development Policy(B) parcels or property,but also that the city be able to prove that the market value of a property will increase The League urges the Legislature to create a state in direct relation to the amount of the special assess- development policy that specifies the state's goals and ment applied to that property. work plan for economic development and redevelop- 1993 City Policies and Priorities 9 ment,acknowledges that cities are the primary agents • Authorize all cities to designate economic develop- to facilitate and coordinate development, and autho- ment areas anywhere within their jurisdiction, or in rizes the appropriate tools and revenue sources in a joint powers agreements with other cities to timely manner for cities to achieve those goals. designate area development authorities. Present law seriously restricts the use of these authorities Many communities throughout the state are threatened by requiring that economic development areas be by physical deterioration and a lack of economic contiguous and meet the tax increment finance opportunity. As neighborhoods deteriorate,so does a (TIF)redevelopment/blighted area test. city's ability to combat the problems of crime, homelessness,and unemployment that so often accom- • Authorize debt to be issued for project activities pany community decay. As tax bases dwindle,a city's within economic development districts without a ability to generate dollars to rehabilitate distressed referendum. areas decreases. Revitalization of Minnesota's cities is necessary for continued efficient use of existing local • Authorize the economic development authority to and state investments in infrastructure. build buildings or structures on land owned by the authority. Across the state,economic development programs and expenditures are occurring without established policies DS-10. Tax-Exempt Status of Land Cities Hold for and goals. Although cities support efforts by the Development(C) Department of Trade and Economic Development to create an"Economic Blueprint for Minnesota,"it The League supports granting unlimited tax-exempt provides no recognition of the primary role cities play status to property cities hold for later resale to pro- in improving the economic health of the state and mote economic development including removing the promoting development and redevelopment. The time limitation and the provisions which penalize Legislature should also acknowledge this role. partial improvements or leases to the private sector. The League continues to support state policies which Until recently,almost all property p rop rt7'a political subdivi- acknowledge the partnership between the state,cities, sion owned was granted tax-exempt status.Now,tax and community residents,and to allocate the necessary exempt status is allowed only for a period of eight resources and revenue options to cities. Cities urge years in most situations,or for an unlimited period of approval of new workable state enterprise zone or years if the property is held for housing programs or is manufacturing job opportunity zone incentive pro- classified as"blighted land"under state law. grams. The policy is intended to create an incentive for The League also encourages the Legislature to enact a political subdivisions to engage in economic develop- new version of the urban revitalization action program ment activities,as well as to promote returning prop- (URAP)to address specific characteristics and demo- erty to the tax rolls. Unfortunately, it does not fully graphics which contribute to blight and decay in the recognize that the process of developing industrial and central cities,suburban cities,regional outstate centers, economic growth, rehabilitating,or building housing and small cities. may extend over a long period of time. DS-9. Economic Development Authorities(C) Provisions penalizing improvements and provisions affecting leasing of the property discourage cities from The League supports legislation which would provide being active in establishing and maintaining local city economic development authorities with the same development corporations,controlling their economic power and authority as those given for port authori- development and planning processes,and from being ties. selective about the type of development which occurs in the city. The state needs to understand that cities The League believes that it is unfair and unreasonable have every incentive,and make concerted efforts,to to grant greater authority and power to some cities in get property back on the tax rolls as soon as possible. the economic development field and requests the following changes. 10 League of Minnesota Cities Elections and Ethics EE-1. Absentee Balloting(A) The League also maintains that it is not necessary for the county auditor to approve the city's decision to The League urges the Legislature to evaluate the conduct a local election by mail. results of the increased availability of absentee balloting on voter participation, the incidence of The Legislature should authorize the secretary of state spoiled ballots, and local election costs. to organize a special task force comprised of election administrators, local officials,citizens,representatives The secretary of state should have authority to organize of public interest organizations,and lawmakers to a task force comprised of local election officials; examine current rules and procedures for conducting representatives of voter rights, minority,civic,and elections by mail. Task force recommendations should public interest organizations,and legislators to exam- propose changes needed in state rules and procedures ire issues such as ballot secrecy;voter identification; to make it possible for cities to administer such elec- use of absentee ballots by political campaigns;alterna- tions efficiently while protecting the security of tive procedures for receiving,securing,and counting returned ballots and assure voter confidence in the ballots;and the impact on voter participation(includ- results. ing increased incidence of voters requesting to vote at the polls after having voted by absentee prior to Conducting elections by mail does not reduce local election day). costs to taxpayers when cities are required to spend more for postage,printing,personnel,and election The Legislature should refrain from making additional judge compensation to carry out requirements for changes in absentee election requirements during the administering this form of election. next two years if such changes will increase local administrative costs.Task force recommendations For that reason,the League strongly opposes legisla- should be formally presented to the Legislature for tion that would create an unfunded mandate to require consideration prior to the adoption of proposals to cities to conduct elections by mail. The League change current statutes on absentee balloting. supports retaining city authority to determine the method of balloting for elections conducted at the local New statutes making it possible for registered voters to level. use absentee ballots rather than to vote at the polls needs to be evaluated over the next two years to EE-3. Authority to Fill Vacancies by determine whether such measures have helped increase Appointment(B) voter participation. The League supports retaining authority for cities to Before counties adopt policies permitting voters to fill vacancies in local elective offices by appointment. apply for absentee ballots without restriction,cities should be queried about their views,and efforts should Legislation to prohibit cities from filling vacancies in be made to coordinate implementation of the expansion local elective offices is ill-advised,costly,and creates of this method of conducting elections. obstacles to local self-governance. Further,the League objects to measures that would pre-empt local deci- EE-2. All Mail-In Ballot Elections (A) sion-making for any home rule charter city in which the charter may provide authority to fill such vacancies The League recognizes mail-in balloting as a alterna- by appointment. five method of election that should be available to all cities,at their option. The Legislature should care- Such restrictions undermine cities' authority to conduct fully evaluate all procedures and state requirements regular governmental activities and to carry out statu- for conducting this method of election to alleviate tory responsibilities. Vacancies in the offices of difficulties with conducting elections by mail. mayor,city council,and/or elected city clerk must be filled promptly to assure that a quorum is maintained to permit the city to conduct official business. 1993 City Policies and Priorities 11 There are more than 130 standard-plan cities in which reporting of city expenses not directly related to the position of city clerk is elective. It would be lobbying activities is not required irresponsible and unworkable to require such cities to wait until the date of the next regular city election to The League also urges elimination of requirements fill vacancies in that office. In addition, for the nearly for cities to submit separate annual reports to both 700 cities that hold regular city elections in November the state auditor and the State Ethical Practices of even-numbered years, such a requirement could Board force the city to hold an extra election in the odd- numbered year,thereby substantially increasing local Since the Legislature has enacted comprehensive election costs. lobbying reporting requirements for lobbyists and local units of government, it is clearly unnecessary to retain Statutory cities have authority to hold special elections this additional report. Current lobbyist reporting and to fill vacancies for the portion of the term remaining registration requirements took effect in 1991. It is to permit the rest of the term to be carried out until the therefore reasonable for the Legislature to eliminate next city election. If the vacancy occurs during the first the additional reporting of estimated lobbying expendi- two years of a four-year term,the appointee serves tures to the state auditor, which was instituted in 1989. until the next city election when a special election is held to fill the remaining two years of a term, the EE-6. Precinct Boundaries (B) appointee serves for the remainder of the term. The League urges the Legislature to support changes EE-4. Automatic Recounts(B) in the design of the national census in 2000 to require that the U.S. Census Bureau follow election The League supports returning to 100 votes as the precinct boundaries or clearly recognizable physical threshold which will determine whether a recount features to establish census blocks and tracts. must be conducted following an election. The Legislature should reinstitute the requirement for In addition, cities in rural areas and cities with exten- automatic recounts to be conducted in contests in sive areas of undeveloped land have additional con- which the difference of votes cast for candidates is cern. In such circumstances it is important for census 100 votes or less. blocks to be split along physical features or precinct boundaries in order to make it less difficult for cities to Currently,the law requires that recounts be conducted redraw precinct and ward boundaries when implement- when the difference in votes cast is 200 or less. That ing local redistricting plans. has resulted in increased local costs and delay in determining the final outcome of election contests. It Cities must continue to have full authority to determine is now well documented that such recounts have not precinct and ward boundaries which reflect neighbor- revealed errors in counting and have not resulted in a hood,community,and geographic factors that impact reversal of the outcome of the election in question. voters and representation at the local level. Neighbor- hoods are particularly important in the building of Other election requirements sufficiently protect the community and participation in government. The rights of voters and candidates and assure that balloting Legislature should not interfere with or weaken city will be conducted in a fair and responsible manner. authority to determine how such political and election Difficulties which previously prevented mismarked boundaries should be established. ballots from being counted have been overcome. Automatic recount requirements now are time-consum- In 1992, inconsistency in designating physical features ing and unproductive since examination of returns only for census block units resulted in difficulty at the local serves to demonstrate that the initial election results level in conforming new precinct and/or ward bound- were correct. aries to such federal population units. In some circum- stances, cities were precluded from changing local EE-5. Lobbyist Reporting Requirements (B) election boundaries to correspond to census blocks since state law requires that precinct and ward bound- The League urges the Legislature to simplify lobbyist aries follow physical, definable features. reporting requirements for cities and clarify that 12 League of Minnesota Cities Recent interest in authorizing cities to set precinct to file notice of intent until 12 noon the day before the boundaries along census blocks lines presents opportu- election. In smaller cities in which local residents nities for some cities,but it is also important for traditionally run as write-in candidates,election changes to be made in the method of designating officials should continue to count votes cast for write- official census block units to assure that in the future, in candidates who receive at least 10 percent of total features such as streets,shorelines,railroad rights-of- votes cast in that election. way,or other boundaries and lines clearly visible from the ground are used to establish units within which EE-9. Structure of City Government(B) population counts will be taken. The League supports city authority to adopt a single- Such changes in the method of assigning census blocks member ward system for city council elections as an will also facilitate the ability to assign geographic option for organizing local representation. The information to voter registration information and make League also supports city authority to determine local it possible to reassign election district and polling place government structure,including the form and identification automatically by computer when redis- method of election of city offices. tricting has been accomplished. The statutory city code permits cities to select one of EE-7. Reimbursement for State Elections(B) several methods of organizing and allows voters to request or the council to make changes. If a statutory The League urges the Legislature to fund the full city encounters problems that cannot be solved locally, cost of conducting state primary,special and general officials can request the Legislature to adopt special elections at the local level. authority or determine to adopt a home rule form of government. The legislative reimbursement of expenses associated with conducting the 1992 presidential primary demon- When voters in a home rule charter city have authority strates that cities can easily document and account for to determine the form of government at the local level, �.... such costs to the state. It is no longer adequate for the the Legislature should not pre-empt the capacity to Legislature to provide only a minor portion of the make such decisions at the local level. funds to cover the actual cost of administering such elections. EE-10. Absentee Ballots for Hospitalized Voters(C) It is reasonable for the state to pay a portion of the costs associated with state election contests held in LMC supports authority for cities to provide absentee conjunction with local elections. ballots for hospitalized eligible voters, on a limited basis,for people admitted to the hospital after 7 p.m. Such costs also include expenses incurred for printing the night before an election. and supplying of posters,manuals,advertising, legal publications,and any other materials associated with Such authority should be granted on an experimental conducting state elections. basis to determine whether the use of facsimile trans- mission of ballots or other methods devised to aid such EE-8. Reporting Votes for Write-In Candidates(B) voters are workable and can assure that the integrity of the balloting process can be maintained. The League urges the Legislature not to require cities to compile a list of the names of write-in candidates EE-11. Limiting Local Campaign prior to the official canvass of election results if the Contribution(C) number of votes for any such candidate is less than 10 percent of the total votes cast for that office. The League supports city regulation of contributions to local candidates for election. Attempts by the The Legislature should also allow cities over 2,500 Legislature to establish uniform limits for local `_- population not to list the name of a candidate who does campaign contributions are not necessary or desir- not submit notice of intent to be a write-in candidate able. prior to the election. Such persons should be allowed 1993 City Policies and Priorities 13 Attempts by the Legislature to establish contribution Cities resist proposals to designate a single local limits for local candidates is neither necessary or government election day because of the potential for desirable. Cities should continue to maintain full voter confusion and the need to maintain a public authority to regulate in this area. Decisions about how perception of fairness in the election process. to limit contributions and total campaign spending should be a local matter. Legislators should consult cities when considering requirements to alter school district boundaries. At a Current state law already requires local candidates to minimum, school districts should designate official disclose contributions and campaign expenses of more boundaries along recognizable,physical features. than$750 in any year. In growing communities, new school district lines EE-12. Local Elections (C) should, wherever possible, relate to corporate city boundaries. Changes in school district lines should be The League seeks to maintain city authority to done in cooperation with local officials from the cities conduct local elections,particularly when other local affected by such changes. units of government also conduct elections on the same date as regular city elections. EE-13. Optional Poll Hours (C) The League also supports measures to encourage The League supports modifying state election laws to greater voter participation and to strengthen voter permit cities with populations of less than 500 outside confidence in the election process. the metropolitan area to fix hours of polling to begin no later than 10 a.m.for state primary, special, and Continued legislative interest in limiting the number of general elections. local elections must be tempered with a realistic concern for difficulties presented as well as for the Allowing smaller cities to shorten hours of polling added city expense for conducting multiple elections. corresponds with authority for townships with popula- tions of less than 500 to set a later time for voting to The Legislature must refrain from intruding on city begin for such elections. authority to set the date for city elections. There are nearly 400 cities with populations of less Legislative proposals to consolidate all local elections than 500, according to the 1990 census. Flexibility in on a single date and year raise serious concerns for hours of polling would permit local election officials to cities. Problems associated with overlapping election adjust hours in which polling places are open to suit districts, multiple election issues, voter confusion, the needs of local voters. ballot secrecy, and the need to establish cost-sharing responsibilities must be overcome before such a plan Smaller townships are now authorized to set a time for would benefit voters. opening the polls no later than 10 a.m. for state elec- tions. Cities would be required to post the change in City officials support measures to reduce the conflict hours and notify the county auditor 30 days prior to the between incongruent school and county election election. This would provide sufficient notice to voters districts and the corporate city limits and precinct lines. prior to election day. Lack of conformity of school district boundaries with those of cities is a serious deficiency in conducting EE-14. Presidential Primary(C) combined local elections. The League urges the Legislature to continue state Cities must retain authority to schedule special elec- reimbursement for costs of conducting the presiden- tions on ballot questions, bond referenda,and home tial primary. rule charter amendments and to fill vacancies in city elective offices. The League supports cost-saving measures for conduct- ing the primary at the local level,and urges the Legis- 14 League of Minnesota Cities lature to modify state election law to authorize changes Under present circumstances,cities must seek court in requirements for conducting the presidential pri- intervention while facing the approaching deadline for maty, including: printing ballots. Since it has been clearly established by statute and state constitutional provisions that such • Placement of all political party presidential candi- circumstances prevent such individuals from holding dates on a single ballot; elective office,cities must be in a position to expedite • Nonrotation of candidate names; the decision to keep the name of such ineligible • Consolidation of precinct polling place locations; candidates from appearing on the ballot. • Reduction in hours of polling; • State payment of costs of publishing the sample Failure of the court to act in a timely manner results in ballot. the appearance on the ballot of an ineligible candidate, a matter which would then require costly reprinting of State revenues should be used to pay for local govern- ballots prior to election. ment expenses, including: Reliance on a certified copy of official court records, • Preparation of ballots and election equipment; final orders or judgments should be sufficient to • Supplies and personnel(including election judge provide the local filing officer with the authority to compensation and election administrative and determine that a person who has filed an affidavit of technical staff pay), including overtime; candidacy or nomination petition is an ineligible voter • Advertising,newspaper notices,and postage; and therefore his/her name should not to appear on the • Polling place rentals and transportation related to ballot. election activities;and • Costs for maintenance of political party preference EE-16. Schedule for Redistricting(C) identification on voter records and updating of the voter file. The League urges the Legislature to adopt a schedule for congressional, legislative, and local redistricting If the Legislature does not provide funds from state that permits cities sufficient time to update voter revenues to cover such costs,the League supports records,supply absentee ballots to voters and make it repeal of the law establishing the presidential primary. possible to conduct other elections held during and after the time in which redistricting must be imple- In the event that the Legislature adopts a statewide mented. mail ballot for the primary,the state should administer and fully fund all local costs of conducting balloting, In the event the court becomes involved in legislative recording results,and adjusting voter files. redistricting,the League urges the court to suspend the timeline for local redistricting until the dispute has EE-15. Removal of Candidate Name From Ballot been resolved. (C) Counties,cities,townships,and school districts must LMC supports measures that would allow city offi- also hold elections during the period of redistricting, cials to remove the name of a candidate from the necessitating additional voter registration and adminis- ballot if it can be demonstrated that the individual is trative changes that must be accomplished simulta- ineligible for election to office because of conviction neously with the redrawing of precinct and ward for a felony without restoration of civil rights, or boundaries. Intervening election schedules underscore because he/she is under guardianship or has been the need to complete redistricting at the state level as found to be incompetent. soon as possible following the receipt of official census results. Cities should be granted such authority up until ballots are printed. 1993 City Policies and Priorities 15 Decisions on legislative redistricting must be made in a EE-17. Voter Fraud (C) more timely manner because such changes have a substantial impact on other levels of government. The League urges the Legislature to make it more Local governments are responsible for accurately likely that violators of voter registration and election recording and correcting voter registration records and laws will be prosecuted the informing of voters and candidates of changes that have taken place. • Make those who fraudulently vouch for persons registering at the polls subject to the same penalties The state anticipates receiving census data the year that apply to those found guilty of fraudulent voter prior to the deadline for redistricting. Cities have 60 registration. days to redraw precinct and ward boundaries following adoption of a legislative redistricting plan. The state • Modify penalties for violation of state voter should provide cities with prompt notice of the effect registration requirements to increase the likelihood and duration of the court order affecting the deadline of prosecution of offenders,particularly for viola- for local redistricting. In addition, cities need to have tions of election day registration provisions. access to census data to redraw local precincts and wards. Incorrect legal descriptions and/or inaccurate • Make clear that prosecution will result if candi- assignment of population counts cause serious prob- dates interfere with voters on election day. lems. It should be clear which state agency or level of government is responsible for determining the census data and descriptions of newly redistricted jurisdic- tions. 16 League of Minnesota Cities General Legislation and Personnel GLP-1. Comparable Worth (A) definitions of employees and employers covered by the act. The League supports efforts to eliminate any sex- based differences in compensation of public employ- For the definition of employees,the rules propose ees but asks the Legislature to revise the pay equity using the same definition as in the public employees statute to allow local governments sufficient time to labor relations act(PELRA). Use of this definition comply with newly proposed(adopted) administrative causes two significant problems. First,because local rules regarding compliance determinations. Addi- governments use a great number of part-time and tionally, the League urges the Legislature to amend seasonal employees in order to effectively and effi- the statute to limit the law's applicability to only full- ciently provide important services,many more jobs time employees and to clarify that separately estab- will have to be included in compensation systems than lished governmental entities must file separate is the current practice. This will require much more compliance reports. To be considered separately administrative work in establishing job descriptions established, the governmental entities may have and ranking jobs which by their very nature are often separate personnel systems,separate facilities, impossible to accurately describe or value. Second, separate bookkeeping and payroll systems, and no because benefits,including health insurance programs, interrelationships other than budget approval and/or are often limited to full-time employees,cities run the financial assistance. In addition,these existing risk of being found out of compliance with the pay governmental entities must be separately established equity act not because of gender-based discrimination, prior to 1984. but rather because of valid distinctions between full- time and part-time employment. The League proposes The local government pay equity act,first adopted in adopting a definition of employee which would not 1984,has been frequently amended by the Legislature. include any employee working less than 20 hours per Significant amendments were adopted in 1990,and in week on average or who is employed in a position 1991 the Legislature authorized the Department of which is filled less than six months in any year. Employee Relations to promulgate rules to assist the department in determining local government compli- For the definition of employers covered by the act,the ance with the statute. problem is slightly different. The law clearly requires all cities and other political subdivisions of the state to These rules, which include several new tests,necessi- comply. The problem is determining who is the tate many changes to local government compliance employing agency for a particular group of employees. efforts,will take effect almost a full year after cities Historically,employees of certain enterprises such as and other public employers were required by the statute public utilities,hospitals,nursing homes,and libraries to submit compliance reports. Cities must be granted have been considered as separate and distinct from additional time to comply with these new standards employees of the city. Often,the only connection is prior to facing imposition of state sanctions which that the city council acts somewhat pro forma to ratify include five percent reductions in financial assistance the annual budget proposed by the separate entity prior and$100 per day penalties. Though the rules and the to certification of the tax levy. Unfortunately, it is this current statute contemplate an automatic extension,the feature of formal budget adoption on which the rules League supports legislative action to delay the imple- focus,regardless of separate payroll systems,personnel mentation deadline to December 1994. rules,salary and benefit systems,etc. The League supports statutory clarification that other aspects of the At the very least,the Legislature should act to delay government structure be considered when making a imposition of new statistical tests of health insurance determination of which governing body is the em- contributions,salary range differences,and exceptional ployer of a group of employees. service pay programs until December 1994. Finally,because the tests proposed for initial compli- The rules address other significant issues not previ- ance determinations do not take into account factors ously dealt with by the legislation, including the which the statute specifies as justifying compensation 1993 City Policies and Priorities 17 difference, it is improper for public statements of initiatives at the local level could be substantially noncompliance to be released by the Department of promoted by a statutory amendment to enable local Employee Relations prior to final compliance determi- governments to effectively use seasonal employees. nations. The statute should be amended to allow local governments to present all information justifying GLP-3. Tort Liability and Insurance (A) departures from the mathematically prescribed standard prior to public statements from a state agency that a The League supports legislation reducing the expo- jurisdiction is"not in compliance"with the law. sure of cities to civil lawsuits without unduly restrict- ing an injured party from recovering compensation GLP-2. Minnesota Public Employment Labor from negligent individuals. The League also sup- Relations Act(PELRA) (A) ports actions ensuring the availability and affordability of insurance coverage for cities. A. The League supports legislation which modifies the existing interest arbitration process to require The growth of tort litigation over the past several years arbitrators to give primary consideration to internal has resulted in increasing liability for governmental equity comparisons and the impact that any arbitra- entities,private businesses, and individual citizens. tion award might have on the personnel compensa- Additionally, business practices of insurance compa- tion systems of the city involved in the arbitration. vies have played a significant role in insurance pricing. Further, the League opposes considering any addi- The League supports reasonable reforms addressing tional employee groups as essential employees. both sides of the liability/insurance issue. City and other governmental experience with the The municipal tort liability act was enacted in 1963 to arbitration process has shown that arbitrated awards protect the public treasury, while giving citizens relief generally exceed negotiated settlements. Unlike the from the arbitrary,confusing, and administratively state, local governments do not have the authority to expensive prior doctrine of sovereign immunity. The reject these arbitrated awards. The Legislature should act has served that purpose well in the past. However, re-examine binding arbitration as a means of determin- courts frequently forget or ignore the positive benefits ing pay and benefit issues. The goal of any modifica- secured to citizens as a result of the act, which includes tion to the process should be to ensure that arbitrations liability exceptions and limitations. do not interfere with other state programs such as pay equity. There should not be any additional employee The special vulnerability of far-flung government groups placed in the category of"essential employees." operations to debilitating tort suits continues to require the existence of a tort claims act,applicable to local B. The League recommends that the Legislature governments as well as the state. The League recom- reinstate the previous definition of employees covered mends the following. by PELRA to people employed for more than 100 working days in a calendar year. • Our system of clearly defining and limiting the scope of public liability should continue. The The 1983 Legislature reduced the time period that part- League strongly supports retention of the dollar time employees must be employed before they are limitations on governmental liability. The current considered employees covered by PELRA. This has limits of$200,000/$600,000 seem sufficient at this resulted in higher wages for some part-time employees, time but should be reviewed periodically to ensure and more significantly, has resulted in cities hiring that those injured are not unfairly compensated and fewer part-time employees. Legislative action in 1991 that the limits remain constitutional. The limits caused further confusion, which may also result in a should be set at an amount that allows all levels of lessening of job opportunities,particularly for students government to economically procure coverage,and and the disadvantaged. Additionally, many employees provide sufficient lead time to avoid to the extent who view their work as temporary or transitory in possible budgetary problems. Additionally,the nature, have been asked to pay their fair share of union limits should conform to the extent possible with dues, even though they receive no benefit from union coverage limits available from insurers. membership. Recent legislative interest in cost-saving 18 League of Minnesota Cities • Liability for particular city operations, such as Current statutes entitle a veteran to at least two differ- firefighting and park and recreation facilities, ent hearing procedures to challenge any disciplinary should only arise if there is a showing of gross action.This is inefficient and may be unworkable, misconduct or gross negligence. since the standards for court review of the decisions of veterans' preference boards and grievance arbitrators • The League favors eliminating joint and several vary significantly. liability except in limited circumstances.The fault- based system of damage awards has apparently The Minnesota Supreme Court,has indicated that these eroded. In order to facilitate the return to a fault- statutes need to be amended.The law should provide based system,joint liability should be abolished in for a selection of a single hearing procedure and cases where defendants have not acted in concert, eliminate any requirement for salary payment pending and a modified comparative fault system should be the hearing when the veteran does not request a hearing used to evaluate the actions of other individuals within 10 days or when an impartial hearing body involved with the injury and assess damages only determines that the dismissal was for just cause. in proportion to the amount of each person's fault. At the very least,the Legislature should modify B. The League supports legislation providing specific recent amendments to the comparative fault statute time lines to be followed by employers and employees and eliminate joint liability for governmental and in the veterans'preference discipline or dismissal private defendants when they are less than 30 process,so that an employee must provide notice of percent at fault. their intent to appeal within 10 days and the hearing process must be completed no later than 90 days • Recent court cases have indicated potential em- following a proposed disciplinary or dismissal action. ployer liability exposure to defamation claims arising out of providing references on past employ- Currently an employee has 60 days from the date of the ees to prospective employers. The result is that employer's notice of discipline or dismissal to request many employers have stopped providing informa- a hearing. If a hearing is requested,there are no time tion on a past employee except information specifi- lines for holding hearings or rendering decisions. cally classified as public under the law which must be disseminated upon request. Employers which Under this system,a termination decision can,and has, give information about the job performance of taken more than a year,during which the employee former employees should be presumed to be acting receives full pay and benefits. The result is extremely in good faith and,unless lack of good faith is costly to cities,particularly small cities,which often shown by clear and convincing evidence,there must hire replacement workers for this period.The should be no liability for making the disclosure. League's proposal to provide a more expedited process This provision would not protect knowingly false would not infringe on the employee's right to a hear- or deliberately misleading information,but would ing,but would ensure a more efficient and cost- promote more effective hiring practices and could effective procedure. Additionally,a public employer potentially limit the public's exposure to negligent which has its termination or discipline decision upheld hiring cases or less than high-quality public should not be responsible for paying any of the employees. employee's costs of challenging the action and should be reimbursed for any salary paid to the employee GLP-4.Veterans' Preference(B) pending the hearing. A. The League supports amending the veterans' GLP-5.Employee Benefits(B) preference act to provide that a veteran must select one and only one hearing procedure rather than be The League supports legislation promoting the able to request both a veterans'preference hearing efficient and economical provision of employee and a grievance procedure under a collective bar- benefits including life,health, and dental care for gaining agreement. city officers and employees and specifically opposes legislation which authorizes employees or groups of 1993 City Policies and Priorities 19 employees to unilaterally select particular care grams,but supports the availability of technical and providers. financial assistance from the state for local or regional training and education programs. The League further asks the Legislature to not mandate or grant additional benefits to public employees. The Legislature has recently considered proposals to require state certification for firefighters and dispatch- The Legislature has frequently granted or mandated ers,and four-year college degrees for police officers. additional benefits and workplace regulations appli- There have been other related proposals,all which cable to public and private employers. While many of seem to ignore the significant impact on local recruit- these actions have worthwhile purposes,they have a merit and retention and cost containment efforts. significant impact on local finances and on the collec- tive bargaining process. The Legislature must bear in Rather than respond with additional state requirements, mind that to the extent that certain benefits are given the League supports efforts by the state to make away unilaterally there is no need to bargain for them, training programs more readily available for local thus allowing public employees to demand other employees as well as financial assistance by the state to benefits through negotiation. Additionally, while some encourage local governments to provide additional benefit increases seem to have a minor impact when training and educational opportunities for their employ- first considered,they may inflate rapidly in the future ees. or combine with other provisions of law to cause significant expense. While it is unrealistic perhaps for Further,alternative methods should be provided for the Legislature to refrain totally from mandating entry into these positions. certain benefits,they should consider the ramifications of their actions and understand their substantial role in GLP-7. Local Police and Paid Fire Relief increasing the personnel costs of local governments. Associations(B) Cities, like all employers,are alarmed at the rapidly Local police and fire relief associations,with city rising cost of health care in Minnesota. Further,health consent,should be encouraged to merge into the PERA care availability is a critical issue in many parts of the police and fire funds under the uniform policy enacted state. The League supports efforts to ensure the during the 1987 legislative session. Any amendments availability of quality health care at affordable costs. to the policy should lower city consolidation costs Employers who currently provide health care benefits while fully protecting the solvency of the PERA police for their employees,however,should not have to pay and fire fund. twice. If the Legislature determines that"escalation"(pen- Some past legislative actions have limited cities sions adjusted by the percentage increase of wages of flexibility in selecting health care providers. Specifi- active members)presently in effect does not offer cally,as an element of the creation of a statewide adequate inflation protection,that mechanism should health plan for public employees the Legislature be adjusted or abolished. However,no new mecha- provided that exclusive representatives may unilater- nism such as that authorized for Minneapolis police or ally determine whether their employees will participate firefighters in Laws 1988,Chapter 319,should be in the state plan, leaving only the proportion of pre- authorized while"escalation"remains in effect. mium paid by the public employer subject to bargain- ing. The result may be additional administrative or The League supports changes in actuarial assumptions personnel costs to the public employer. The Legisla- relating to salaries and investment return to more truly ture should eliminate the unilateral selection authority reflect experiences. The LMC opposes payment of any it has granted exclusive representatives. type of bonus to active or retired members (13th check) as a part of actuarial assumption changes. GLP-6. Employee Training and Education Requirements(B) The League opposes legislation that provides for reductions of state amortization aid to local police and The League opposes any additional state-imposed fire relief associations. employee training, education,or certification pro- 20 League of Minnesota Cities If, despite city objections,the Legislature authorizes private or other classified information must be dis- another benefit increase for local police and paid fire cussed by a public body subject to the open meeting members,all costs of the benefit increase should be law,as inevitably it must in many situations,the _ _ borne by the state. government is forced to attempt to meet two conflict- ing statutes. The establishment of multiple mechanisms to make post retirement adjustments to protect retirees in local The Legislature has attempted to identify likely areas police and paid firefighter pension plans is illogical, of conflict and to provide clear rules for local govern- confusing,unnecessary,disruptive,and expensive. ments to follow. Unfortunately, not all circumstances can be anticipated nor remaining ambiguities ad- GLP-8.Open Meetings and Data Practices(B) dressed. The League supports amendments addressing the following issues: The League supports legislation creating a procedure for local governments to obtain from the state fast • Do veterans preference hearings and civil service and reliable review of dissemination requests and proceedings qualify as arbitrations which extend receive protection from any claim brought following the period during which supporting documentation release or nonrelease based on the state review remains private or confidential? Further,the League supports additional amendments to clarify the procedures cities should follow when • If these proceedings also qualify as arbitration, the open meeting law conflicts with the data practices how do local governments deal with the different act. appeal periods and processes; is the data private until all administrative appeal periods lapse? The Legislature should modify the data practices act in two areas. • Do individuals have to be notified of their right to have an open hearing,thus in effect waiving their First,the Legislature should create a process at the right to privacy? state which would allow cities to forward dissemina- tion requests from the public to an individual or board • What reasonable efforts must a local government at the state for an opinion on the proper response. The make to keep private data which must be discussed League would support this process only if any local publicly? government receiving the opinion would also receive protection from any claims brought as a result of • What are the rules when data or meetings involve actions taken in reliance on the opinion. both private and public data? Second,the Legislature should either preclude the City officials are making good faith efforts to comply private,commercial use of governmental data or allow with both laws. Without additional clarification, local units of government to charge the actual costs of however,the Legislature must realize that city officials compiling data or separating public from private data owe it to their constituents to limit the city's exposure when the dissemination request necessitates significant to liability. Consequently,cities will continue to be staff work. conservative in releasing data where there might be potential liability. Further, it seems absurd to continue The Legislature also needs to reexamine the interrela- data classification as private if governing bodies must tionship between the open meeting law and the data discuss it publicly. The logic of the Annandale deci- practices act in light of statutory amendments made in sion is sound and the League urges the Legislature to 1991.The intent of the open meeting law is to ensure, return to the rule that if private data is discussed it within practical limits,the access of persons to the must be discussed privately or alternatively that the actions and motivations of government. The data current data classification system should be replaced by practices act is intended to ensure,within practical a more flexible system dealing with government limits,the privacy of persons who willingly or unwill- information practices. ingly become involved with their government. When 1993 City Policies and Priorities 21 GLP-9. Prevailing Wage(B) GLP-10. Public Contracting(B) The League believes that wages paid on public The League supports legislative action to clarify and contracts should be consistent with wages earned by modernize state laws regulating city contracting for people working at similar jobs in the community. improvements,services, and materials. Any change The League urges the Legislature and the Depart- should maintain cities'flexibility in contracting. mens of Labor and Industry to work together to modify the prevailing wage system to make it more As governmental bodies, cities have an obligation to equitable and to help control the costs to local engage in fair public contracting practices. State laws governments. have attempted to provide guidance to local govern- ments in their contracting practices. The League The League supports reasonable administration of supports legislation updating these statutes to reflect prevailing wages for projects that receive assistance inflation and to modify provisions to meet current from local governments or from the state, including needs. grants, loans,tax-exempt bonds, and all other forms of assistance provided by the government agencies. This The League supports amending Minn. Stat. 574.26 to control should not unduly limit truly local revenues. allow the use of letters of credit or other securities acceptable to cities as alternatives to expensive to The present administration of determining wages uses obtain and difficult to collect on performance bonds. the"mode"calculation. It designates the wage earned Cities are in the best position to determine which form by the greatest number of people in a job class as the of security best protects public funds. prevailing wage. This calculation is flawed,and can either under estimate or over estimate representative GLP-11. Public Employees Retirement Association wages in a community. A "weighted average"of the (PERA) Benefits, Financing, and Administration wages paid for the job class during the year is a more (B) accurate reflection of wages paid. Requiring prevailing wages,calculated under the existing method, often The following principles should govern any changes overpays for public projects. This results in more the Legislature makes in the Public Employees costly public projects, higher local taxes or limits on Retirement Association (PERA) and the other state- other city services,and limits the size of projects or wide pension plans. makes them too costly to do. A. The League opposes any change in the PERA rule Current administration of the prevailing wage system of 90 or the current early-retirement reduction factor imports wages from neighboring counties, resulting in for current employees, especially vested employees. metro-area wages being paid across the state. If a Members have provided substantial service in reliance particular job class does not have sample wage to on these beneficial and supposed permanent fund determine subsequent wages for that job class, the features. current system may force the local government to use the wage rates paid for the closest area wage for the B. The League opposes modification of the "high category--often the higher wage rates which are paid in five"formula. The adoption in 1973 of the"high five the metro area. yea?'benefit formula for PERA has provided very adequate pension benefits for career municipal employ- The League commends the analysis of these problems, ees. Further shortening of the averaging period would and the recommendations for modifications and create windfalls for some PERA members and multiply corrections to the prevailing wage system which was opportunities for man-ipulation of service and salaries prepared by the Department of Administration(April to maximize pension benefits without proportional 1991). contributions to the fund. 22 League of Minnesota Cities C. The 1989 Legislature made major benefit improve- GLP-14. Utility Service Territories (B) ments, and changed statutory assumptions and the time table for full funding. Substantial experience The League supports legislation confirming the with the new law should be gained before any signifi- power of Minnesota cities: 1) to require franchises of cant changes are authorized by the Legislature. Any all non-municipal electric,gas, telecommunication, reductions permitted by excess reserves or excessive steam, and hot water utilities as a precondition to current contributions or combinations of the two service within municipal boundaries;and 2) if a city should be of such amounts as to benefit the employer has or starts a municipal utility, to serve all territory and employee equally as a percentage of overall within city boundaries upon payment of two times the employee salary or in the case of police and fire, in current annual gross revenues plus the depreciated the same percentages as contributions are made. value of physical property in the service territory acquired. GLP-12. Recovery of State Program Administration Costs (B) In order to plan in the most effective and economical way for city economic development and infrastructure The League supports removing limitations on the needs, including those not directly related to gas and ability of local governments to charge fees or other- electric or other services, cities need substantial wise raise revenues to pay for state programs. Addi- controls over the type, location, cost,and layout of tionally, the Legislature should adopt statewide electric, gas, and other utilities. They must also be processes which further local administration of state able to cause relocation of the same without great programs. public expense. Recent decisions of the Public Service Commission have called into question city powers to All levels of government are finding it difficult to franchise in or serve new areas of the city. Rigid finance governmental programs and law enforcement service territory boundaries established by the commis- activities. The League supports continuing efforts to sion must be subject to practical modification to best internalize program costs and to provide financing for serve the needs of city residents and the state as a law enforcement activities through forfeiture statutes whole. and other means. Specifically,the prohibition on collecting local handgun permit fees should be re- GLP-15. Volunteer Firefighters (B) pealed; license renewals and/or motor vehicle registra- tions should be used as a means of collecting unpaid The League of Minnesota Cities supports legislation fines,penalties, or other governmental fees;and that would increase the maximum lump sum volun- forfeiture assets should be left as a resource primarily leer firefighters pension over several years;would for local enforcement activities. validate present pension payments in excess of statutory limits; would clarify that limits set out in GLP-13. Stalking and Other Harassing statute are absolute maximums;and create a longev- Behavior(B) ity award system to encourage participation in volunteer public ambulance systems. The League supports legislation addressing the issue of stalking and other forms of harassment. GLP-16. Cable Communications (C) Existing state law is inadequate to prevent harassing The League supports strengthening the existing behavior such as regularly following or shadowing an Minnesota cable act. individual. This type of conduct has often been a precursor of violent conduct and should be addressed Minn. Stat. Chapter 238, in its present form, is very by state legislation since local boundaries make important to local governments because it protects effective regulations difficult to adopt and enforce. cities' rights to enforce local standards and cable Legitimate monitoring or tracking operations of operator commitments for technical,construction,and employers should not be impacted by state law in this programming performance. area. 1993 City Policies and Priorities 23 Any changes should strengthen the authority of local Although labeled as a one-call notification center,the governments to franchise and regulate cable communi- system has resulted in multiple contacts. For instance, cation systems in their communities. an excavator will apply to a city with an excavation permit system. The city will notify the excavator of —� Additionally,the state should reinstitute active moni- the state law requirements. The excavator then con- toring,administration,and enforcement of cable with tacts the state notification center which in turn will specific reference to the proper filing of initial and contact the city,among the operators, of an excavation modified franchise ordinances, franchise renewals,and the city already knows about and will charge them for transfers of ownership. the notification. This aspect of the system is absurd and should be modified to exclude notice to cities Relationships between local franchising authorities and when they have an excavation permit system which cable operators are defined at the federal level by the triggers the system. cable communications policy act of 1984,as well as the recently enacted 1992 cable television consumer The Legislature should conduct a review of the one- protection and cooperation act,at the state level by call system to determine if it is being operated effi- Minnesota Statutes Chapter 238, and at the local level ciently and to determine if its billing practices should by local cable franchise ordinances. be changed. In 1985,the Legislature abolished the Minnesota Cable GLP-18. Liquor Issues (C) Communications Board,an appointed body of the Department of Administration which promulgated and The League opposes the establishment of one class of enforced cable legislation and accompanying rules. beer and the off-sale of wine in other than liquor This legislation codified some previously existing stores. board rules into statutory form and reassigned respon- sibility for telecommunications from the board to the The establishment of one class of beer in Minnesota commissioner of commerce. However, in 1987 the would cause substantial problems in controlling the Legislature discontinued any state enforcement for sale of beer in filling stations, grocery stores, drug cable. stores, and elsewhere where 3.2 beer is sold. Also, with regard to a proposal for only one class of beer in GLP-17. Gopher State One-Call (C) Minnesota, current 3.2 on-sale establishments could be selling strong beer without the supervision and controls The League supports exempting cities and other local imposed upon on-sale liquor establishments and units of government from the Gopher State One-Call municipal liquor stores, or would be forced to meet excavation system. most, if not all the restrictions on intoxicating liquor establishments. The 1987 Legislature enacted a one-call excavation notice system. Among other requirements,the law Cities should be fully authorized to establish hours of requires local governments that issue permits for an sale and be expressly authorized to establish differing activity involving excavation to continuously display a license fees for establishments having different hours state prescribed excavator's and operator's notice,and of operation. to provide all permit applicants a copy of the state law (Minn. Stat. 216D.02). All excavators are then re- GLP-19. Military Leaves (C) quired to contact the state notification center at least 48 hours prior to excavation(except in emergencies). The The League recommends that the statutes be center is then to contact all operators of underground amended to provide that when an employee is tempo- facilities (cable television,phone, electrical, heat, gas, rarity absent because of short-term military service, oil, petroleum products, water including storm water, the employer pay only the difference between military steam,sewage, and other similar substances) in the pay and the public pay, rather than the full public area which in turn are required to mark their facilities salary. within 48 hours. 24 League of Minnesota Cities Under current law,a city employee,as well as any The law allows for the legal presumption that police other public employee, is entitled to leave with full pay officers, firefighters,paramedics,emergency medical and accrual of seniority status and other benefits for all technicians,and nurses contract certain diseases or the time the employee is engaged in short-term(15 illnesses due to their employment. Employers must days or less)military service while receiving full then rebut the presumption by introduction of evi- military pay. Cities,particularly those which must hire dence. This burden is difficult and increases the part-time replacement employees when others take chance that employees receive compensation for non- military leave,suffer a significant financial hardship work caused illnesses and diseases. not shared by private sector employers who are not required to provide short-term paid military leaves. Currently,the law provides the following presumptions for the following personnel: Public employees should only have to pay the differ- ence between the employee's military pay and their • Police and fire—myocarditis,coronary sclerosis, regular wage for this 15-day period. Any longer leave pneumonia or its sequel; period should be without pay and the accrual of • Police,fire,paramedic,emergency medical techni- seniority and other benefits should be suspended for clan,nurse—infectious or communicable disease military leaves beyond 30 days. Finally the law should (exposures outside of a hospital); be amended to limit its applicability only to annual • Fire—cancer. leaves with the 15 days being taken consecutively, which would eliminate the current ability of some All of the listed diseases or illnesses are common to the public employees to arrange their 15 days of paid leave entire population and an equal or greater correlation to be taken one or two days at a time throughout the may exist between the specific illness and the year. individual's personal risk factors such as smoking, diet,exercise,heredity,and lifestyle than the correla- GLP-20. Presumptions for Workers' Compensa- tion between the job and the illness. �... tion Benefits (C) For this reason,the League supports legislation limit- The League supports modifications to the workers' ing the presumption to cases where the employee can compensation statutes(Minn.Stat. 176.011,subd. 15) demonstrate limited personal risk factors,or alternately which would restrict presumptions of occupational the Legislature should clarify the right of a local diseases to apply only after an employee can establish government employer to prohibit smoking on or off- an absence of personal risk factors that could have duty and to require other measures to limit non-work caused the disease or illness. causes of these illnesses and diseases. 1993 City Policies and Priorities 25 Land Use, Energy, Environment, and Transportation LUEET-1. Solid and Hazardous Waste should be used to encourage environmentally Management(A) acceptable product generation and handling. The League supports state programs designed to • The League supports the prohibition of disposal of minimize or eliminate the need for landfilling solid unprocessed solid waste in landfills,as cost- and hazardous waste. efficient and environmentally safe alternatives are developed and funding is provided to cities to The problem of regulating, controlling, and disposing implement their responsibilities. Ash from waste of solid and hazardous waste will continue to be a to energy facilities should continue to be regulated major environmental issue both nationally and in as a special waste. Minnesota. Major state legislation addressing this issue has been enacted annually since 1980. These acts • Funding for recycling, reduction, and abatement responded to the concerns and issues raised by the efforts. The League supports alternatives to League, other local governments,and citizens and we general taxes as sources of financing conservation commend the Legislature for its actions. efforts. These alternatives can include specific taxes, additional fees on landfill or disposal facility The existing waste management and control system for users,and state or county grants and loans. Finan- handling and disposing of hazardous materials central- cial assistance programs need to be regularly izes responsibility at the state level, but requires the reviewed and continued if necessary to effectuate cooperation and support of all levels of government. waste reduction. Changes in financing should be The system established for solid waste is more diffuse, implemented in a manner which avoids budgetary relying on cities to control and regulate collection, disruption. The Legislature should continue to counties to regulate or operate existing resource fund educational and operational pilot program recovery or disposal facilities,and the state to coordi- efforts on the subject of solid and hazardous waste nate responsibilities and plan for future disposal needs. disposal, including alternatives for the disposal of Both systems should foster and encourage abatement, household hazardous waste, such as those pro- recycling,and resource recovery for as much of the moted by the household hazardous waste reduction waste stream as possible and then to assure environ- project. The League also supports legislation mentally sound disposal for the remaining waste. requiring that the six percent garbage sales tax (SCORE tax)be distributed directly to the local The system appears to be working,and therefore the unit of government that actually operates the League does not perceive a need for major changes to recycling program within that jurisdiction. existing legislation at the present time. But any future legislation that may be considered should enhance and • Siting process. The siting of solid waste facilities not diminish the emphasis on these concerns. has become extremely difficult. The Legislature should continue to consider siting issues and • The League supports efforts aimed at avoiding or provide additional incentives or mechanisms to reducing the creation of solid and hazardous waste. encourage siting of necessary facilities. These efforts should include disincentives for creating hard to dispose of items and notifying • Clean-up of hazardous substance locations. The consumers of the ease or difficulty of disposing of clean-up and decontamination of existing hazard- materials prior,to purchase. The League supports ous waste sites, including closed municipal land- efforts at the state and federal levels to institute fills and dumps, should continue before there is financial incentives to avoid single-use packaging further damage to public health and environment. materials. The state should not preempt local The League supports the continuation of the state regulatory authority in the absence of an effective, Superfund program, including its liability provi- statewide regulatory framework or program which sions, for most sites, but supports the creation of a is at least as strong as regulations already adopted separate landfill clean-up program financed out of by cities. Further, financial or other incentives a tax or fee on toxic materials. Regardless of the 26 League of Minnesota Cities clean-up program established, local governments increased role to assist the state in planning and should be protected from extreme clean-up costs, prioritizing the needs of Minnesota's transportation or costs which do not directly relate to their system. Cities encourage MnDOT to promote a contribution to the problem. process of local decisions being made by local govern- ments. Cities of all sizes across the state also recognize • Management of solid waste collection and dis- that they do not currently have adequate or diversified posal. Cities should retain their existing authority sources of revenue to meet their increasing demands to organize collection and regulate solid waste and the role they will play in maintaining the statewide facilities and should not be required by statute to transportation system. compensate parties for changes in regulations nor have their local authority to regulate land uses A modern,accessible transit system is a vital element unilaterally overridden by other levels of govern- of the state's transportation system and should be ment. provided statewide to meet local needs. Minnesota should pursue its commitment to public modes of LUEET-2. Transportation Systems Funding(A) transportation with goals of: meeting the mobility needs of our citizens,improving accessibility and The League urges the Legislature and the governor efficiency of current transit programs,and reducing to take action to provide adequate state revenues for automobile congestion and overall energy and environ- street,highway, and transit programs for city, county, mental concerns. township, and state roads, and to ensure the avail- ability of necessary matching funds for ISTEA The motor vehicle excise tax(MVET)is one of the funding for both transit and roads. The League most appropriate sources of funding to be dedicated for supports an increase in the gas tax to meet the transportation purposes. If the Legislature and the funding needs for roadways,and the dedication of a governor are unable to acknowledge this prior commit- new or existing revenue for transit programs state- ment of these funds,it is vital that they acknowledge wide. Meeting future needs will require integrated their responsibility to dedicate other revenues for road/ planning and implementation of these modes of highway and transit purposes. transportation. Requirements for the local match for transit programs Cities understand that an efficient transportation should not be increased,but the League supports system is a vital element in planning for fiscal,eco- authority for special local tax authority to be used to nomic,and social development at state,regional,and fund enhanced or specialized transit services which are local levels. The economy of the state and its cities are locally determined to be necessary. Imposition of local dependent on the effective movement of goods and taxes should not,however,affect the state responsibil- people,particularly for agriculture and tourism. It is ity of funding for these transit services. therefore necessary to establish and adequately fund long-range highway and transit needs to assure the Environmental concerns and the need to conserve vitality of the state's economy. The League urges the energy require the use of alternate modes of transporta- state to consider using multiple revenue sources which tion to meet the diverse needs which exist in various have adequate growth potential to meet increasing communities and regions of the state. Increased transportation needs, including: gas tax increases, support should be provided for innovative and sales tax on services,automobile registration fees, intermodal transportation programs and policies. All license fees,wheelage taxes,and other types of user levels of government in Minnesota should continue to fees. encourage increased energy conservation,travel- demand management,ride-share programs,alternative The League urges the Legislature and the governor to fuels,bicycle facilities,and research and education of acknowledge the immediate need for planning,coordi- such options. nation,and funding,particularly in light of the recent passage of the Intermodal Surface Transportation The state should also acknowledge the importance of Efficiency Act(ISTEA). Cities,counties,and metro- local bridges to the statewide transportation network. politan planning organizations (MPOs)recognize their The bonding program should be continued at an annual 1993 City Policies and Priorities 27 level of at least$30 million in order to provide the and maintenance projects. It would also limit the necessary funds for cities,towns,and counties to frequency of large special assessment charges on replace and repair local bridges. Additional bonding individual property owners. In addition,the transporta- authority should be made available for new bridge tion utility would allow funding of local transportation construction across the state. system needs with no additional state costs. LUEET-3. Transportation Utility Fee(A) Finally,authority for this utility will be enabling only. Cities will need to individually weigh the benefits of The League urges the Legislature to authorize cities such a tool for their long-term maintenance and to create, at their option, a transportation utility. reconstruction transportation needs and have their city Such authority would acknowledge: the effects of councils approve the use of the utility. limited local revenues and cuts to the state aid revenues;the benefit to all taxpayers of a properly LUEET-4. Wetlands Conservation (A) maintained local transportation system;and the severe limitations of existing special assessment The League, along with many other governmental authority. associations, supported passage of the 1991 wetlands conservation act. Experience gained by administra- A transportation utility, comparable to the statutory tion of the interim program and participation in the authority for cities to operate storm sewer utilities, rule-writing for the permanent program indicates a would provide a stable, long-term, dedicated funding need for additional legislative action. source for reconstruction and maintenance of city transportation facilities. Specifically,the League supports the following legisla- tive initiatives. Current transportation funding options available to cities are inadequate. Current special assessment law, • Remove the$75 limitation on replacement plan Chapter 429(Local Improvements, Special Assess- reviews. Since all proposals to alter, drain, or fill a ments)does not meet cities' financing needs because of wetland involve a substantial expenditure of local the benefit requirement. The law requires a minimum staff time, including, but not limited to,profes- of 20 percent of such a project to be specially assessed sional engineers or hydrologists, any limitation on against affected properties. In practice, however,proof cost recovery less than actual expenses means that of increased property value to this extent--benefit--can the general taxpayer is subsidizing the proponent rarely be proven for regular repair or replacement of of an activity which,by definition is potentially existing transportation infrastructure. Alternatives to adverse to the environment. financing through the use of Chapter 429 authority are nearly nonexistent. • Clarify that the technical review panel,contem- plated under the law, is advisory to the local The Legislature has given cities the authority to operate government unit administering the act and not the utilities for waterworks, sanitary sewers,and sole determinant of questions regarding typing, stormsewers. The stormsewer authority(1983), in delineation,public values,and the adequacy of particular, set the precedent for a process of charging a replacement plans. fee on a utility bill for a city service or infrastructure which is of value to the entire city without metering • Amend the governmental oversight process so and without proof of property value increases(benefit). landowners can clearly understand which govern- A transportation utility would use technical, well- ment unit needs to review a proposal,and refine founded measurements, based on traffic generated. It the system to ensure expedited reviews of propos- would equitably distribute the costs of providing local als consistent with the environmental goals of the transportation services, including properties which are program. exempt from the property tax. • Provide for state defense and indemnification of Authority for cities to operate a transportation utility local governments administering state laws for any would reduce the need for cities to incur the additional "taking"claims which property owners might costs of debt in order to finance major reconstruction allege. 28 League of Minnesota Cities • Make wetland replacement requirements equal In 1985 the state's annexation statutes were amended between urban and non-urban land at a 1:1 ratio. to allow an owner of land to petition the Municipal Board for concurrent detachment and annexation. LUEET-5. Annexation (A) Prior to 1985, only the affected cities could begin the process. Since the amendment, several instances have A. The League supports legislation restricting further arisen where owners have petitioned the board because urban growth outside city boundaries and facilitating they were dissatisfied with land use or development the annexation of urban land to cities. assistance decisions made by the host city. Public policies which encourage substantial develop- The Legislature should either repeal the property owner ment in non-urban areas and which extend public petition provision or provide the affected cities a right services beyond existing jurisdictions and service areas to veto the petition. At the very least,the Legislature are wasteful and counter-productive. Additionally, should provide a list of factors for the Municipal Board shoreland and prime agricultural land are major natural to analyze when considering requests for concurrent and economic resources and the state should include as detachment and annexation. a major objective their preservation and wise use. LUEET-6. Municipal State Aid System (B) Particular attention should be given to the issue of development and the delivery of governmental services A. In order to more adequately represent the current to urbanizing fringe areas. In the metropolitan area, eligible miles of city streets, the League supports the Legislature should not modify the existing frame- raising the municipal state aid system (MSAS) limit work for restricting or guiding development absent to 3,000 miles. This would be an administrative careful study and input from metropolitan cities and change and would not affect the actual distribution of their associations. MSA funding. State law should continue to encourage the preserva- Existing law limits the system to 2,500 miles and total ~— tion of shoreland and prime agricultural land and mileage currently in the system is approximately discourage the development of such land outside 2,300. This mileage increase for the system is neces- designated growth areas to be served by a city. The sary to accommodate cities reaching the eligible 5,000 League recommends the following. population threshold and mileage being added by currently eligible cities. • State statutes regulating annexation should make it easier for cities to annex developed or developing B. The population factor of the municipal state aid land within unincorporated areas which the annex- system should be changed to reflect annual popula- ing city has designated as a growth area. It is tion updates based on estimates from the state demog- unfair to city residents to have individuals avoid rapher or Metropolitan Council, rather than reliance paying their fair share for municipal services on federal or special census counts. provided by the city government by living in the fringe area around a city. C. In spite of the consolidation of the two metropoli- tan state construction districts, 5 and 9, in 1989-90, • Cities should be given the authority to extend their the League supports legislation which continues the zoning ordinance and subdivision controls up to previous metropolitan membership on MnDOT two miles outside the city's boundaries regardless committees to ensure that adequate statewide repre- of the existence of county or township controls, in sentation continues. By law the MSA Screening order to ensure conformance with city facilities and Committee consists of one member from each highway services. district and from each first class city. The unintended effect of combining the metropolitan districts reduces B. The League also supports legislation restricting metropolitan representation on this body. the ability of individual property owners to petition the Municipal Board to detach their land from one D. Modify the existing system for municipal comment city and to annex it to an adjoining city. on fund apportionment and design standards on 1993 City Policies and Priorities 29 county state aid roads. Representatives from cities, LUEET-9. Wastewater Treatment(B) counties,and the Department of Transportation Office of State Aid should review and make recommendations The League supports continued state and federal for a mechanism to mediate municipal approval of assistance, and alternative programs, which provide --� these county projects. financing for wastewater treatment construction LUEET-7. Railroad Right-of-Way Preservation (B) projects. Clean water is vitally of The League urges the Legislature to acknowledge the country and particularly too es dents and nt to thecitvis visitors of this importance of abandoned railroad grades, and to Minnesota. Minnesota's cities remain committed to work to preserve future abandonments for public use. improving water quality. Unfortunately,the costs involved in providing cleaner water are staggering. Over 50 percent of Minnesota's railroad grades (5,000 Because of the incredible cost, it is economically miles) have been abandoned in the last 60 years and an impractical to immediately eliminate wastewater additional 1,000 miles are projected to be abandoned in pollution. Therefore, all levels of government must the next decade. These grades have great public value, take a reasonably balanced approach to solving the for transportation,communication, recreation,and wastewater pollution problem. environmental purposes. Bicycle or hiking trails, snowmobile routes, light rail lines, utility corridors, The ability of cities to comply with any clean water transmission corridors,and pipeline corridors are just a program is contingent upon the availability of adequate few examples of important future uses of railroad funds for treatment facilities. Since 1978, federal grant grades. funding for the wastewater treatment construction grant program has been rapidly phased out. The same The public cost to acquire these rights-of-way increases budget constraints facing the federal government exist substantially once grades have been abandoned or sold at the state and local level but to a greater degree due to off in small parcels. Because future abandonments are limited revenue sources. unpredictable,the time for public acquisition can be relatively short,and numerous governments may be • The League supported creation of both the revolv- involved,the state needs to become involved to ensure ing loan fund and the state independent grants preservation of these corridors until such time as the program and continues to support state financial future public use can be determined. assistance which is based on the economic ability of each local government to finance its wastewater LUEET-8. Transportation Services Fund (B) treatment infrastructure. The programs should be The League encourages further clan cation and streamlined to minimize delays caused by state l agency reviews of economic and engineering separation of transportation-related spending of the matters. Funding priorities should be established highway user distribution fund and those non- based on the environmental sensitivity of the highway or non-transit purposes which should be based on the environmental sensitivity of the receiving waters and the quality of the effluent funded from the transportation services fund, discharged from the facility. Funding for local and state roads, for facilities,opera- • The League opposes efforts by either the state or tions,and maintenance should be clearly appropriated federal governments to institute enforcement from the highway user distribution fund. The League actions or impose increased fees or charges against opposes diversion of these funds for other state pro- communities for failure to meet effluent standards grams (such as the Department of Public Safety, while at the same time assigning these communi- Tourism, the Safety Council, river parkways, etc.) ties a low priority on the needs list for state and which do not directly benefit the transportation or federal funding. transit systems in the state. These operations should be funded directly through the state's general fund. The • The League supports recent PCA efforts to have League supports the establishment of a transportation agency staff available to communities as resources services fund by the 1991 Legislature as a positive first for operator assistance, evaluation of treatment step toward this policy, needs, educational or liaison efforts, and rate- 30 League of Minnesota Cities setting assistance. The League particularly sup- availability of adequate funding,including state ports the use of neighboring city staff as additional assistance. These principles should apply to both the advisors for communities.The League requests protection of our drinking water supplies and the that the Legislature provide additional staff and operation of municipal services. resources to the agency to continue and expand the community assistance program. The League supports the following groundwater and surface water protection initiatives. • Financial assistance programs should not penalize communities that have adjusted their local utility • Increasing the fee on gasoline for petrofund clean- rate system or reserve funds to meet facility ups in order to shorten the delays currently being financing needs. experienced by property owners. The Petrofund Board should be empowered to increase the fee as • The League supports restricting eligibility for on- needed to meet the requests for reimbursement in a site system financing to areas which are not readily timely fashion. Additionally,greater controls on able to connect to existing or programmed city the program may be necessary to eliminate fraud. sewage facilities. Finally,the League encourages greater standardiza- tion of clean-up actions to minimize delay and • The League opposes direct or indirect restrictions costs. on construction of new city facilities if these restrictions are inconsistent with other state or • Continuation of the state's safe drinking water act regional development controls. compliance program which undertakes federally mandated tests on behalf of cities. However,re- LUEET-10. Water Conservation and examination of the water connection fee imposed Preservation(B) by the Department of Health on connections to public water supplies should be undertaken. The The League supports state water conservation and fee should be modified to eliminate the inequity in N.,,, preservation programs that maintain a significant the current$5.21 per year fee being collected from role for cities and provide adequate financial assts- community supplies but not from non-community tance and flexibility. systems. Additionally,measures to ensure that testing is accomplished in a cost-effective manner In order to safeguard the public health and the environ- should be adopted, including the use of private ment it is necessary to conserve and preserve our water sector laboratories. resources. Many watershed districts,counties,cities, and towns have done a good job of dealing with • Local units of government should retain the basic surface and groundwater management issues and have responsibility for surface water management, the authority and ability to continue to do so in a cost- because they are closest to the problem. Efforts to effective manner. These existing mechanisms should minimize duplication in regulatory programs continue to be used to the greatest extent possible to should be continued. address surface and groundwater management prob- lems, instead of establishing a new system or creating • The League supports a full legislative review of all new organizations. water-related permit fees and opposes the imposi- tion of these fees on local units of government to The League supports,as a basic principle,that no one the extent that the actual costs to the state cannot has the right to pollute either ground or surface water be specifically justified and only serve as an resources. A reasonable relationship of economic and alternative means for the state to raise revenue. If social costs and benefits should be a precondition fees are determined to be properly imposed on toward achieving a goal of non-degradation or treat- governmental units,the fees should be based solely ment resulting in clean water. The ability of cities to on the cost of actually providing governmental meet goals must be recognized as contingent upon the services to the political subdivision,and private 1993 City Policies and Priorities 31 sector alternatives should be made available to sures, including building energy audits. This ensure minimal costs to local taxpayers. authority would supplement the current municipal energy loan program. The Legislature should also LUEET-11. Zoning, Subdivision, and Planning continue to encourage private sector conservation Statutes(B) through tax credits and other incentives and should explore the possibility of expanding incentives for The League supports the recodification of the exist- earth-sheltered,solar,super-insulated,and under- ing planning enabling statutes but opposes changes ground development. that would restrict cities'current substantive and procedural flexibility to address unique circum- • The League supports efforts to promote statewide stances. applications of district heating and cooling technol- ogy including: providing additional funds or the Minnesota's zoning,planning,and subdivision statutes ability to special levy for conducting district and regulations are essential to promoting economic heating and cooling feasibility studies at the development,preserving environmental resources,and community level; ensuring consideration of district ensuring the efficient delivery of public services. The heating and cooling potential in the power plant governor's advisory council on state-local relations siting process;and continuing use of the state conducted a thorough review of the state's planning district heating bond program for renovation of and zoning laws. The League participated in this existing district heating and cooling systems. study. A subcommittee of local elected officials was formed to review the recommendations developed by a • Rising energy costs will continue to place a burden technical committee composed of planning officials on the economic vitality of communities in Minne- from townships,cities, counties, regional development sota. The League recommends: commissions,and the state. Those recommendations have been collected in a report on land use legislation, continuation of the fuel assistance program for and draft legislation has been prepared, reviewed,and low-income households, with expanded services to modified by cities throughout Minnesota. The League train recipients in energy conservation practices supports passage of the legislation as currently pro- and with a requirement of recipient participation in posed. weatherization programs if the recipient is the owner; LUEET-12. Energy Conservation (C) support for weatherization programs operated The League supports legislation providing incentives through cities, counties,and community action for energy conservation in both the public and private program agencies; and sectors. continued support for the Minnesota Housing and Overall energy conservation strategies involving the Finance Agency's loan and grant program for public,private,commercial, and industrial sectors are home weatherization. being developed based on the rationale that conserva- tion efforts achieve the greatest energy savings at the • Local governments are in the best position to lowest cost. Many of these efforts are receiving assess local needs and regulate energy consump- valuable assistance from the state. tion within their communities. The League recommends giving any municipality the option to The League believes that a city's individual energy adopt and enforce standardized provisions or conservation strategy can be accomplished if the appendices regarding energy conservations that are Legislature permits or establishes some of the follow- more stringent than the state building code. ing measures. LUEET-13. Environmental Trust Fund (C) • The League recommends support of the use of bonding and special levies by local governments The voters have approved a constitutional amend- for implementation of energy conservation mea- ment for the creation of an environmental trust fund, 32 League of Minnesota Cities and the Legislature should act promptly to include as The legislation does provide that if the principal of the eligible programs wastewater treatment facilities, trust fund reaches or exceeds$200 million,up to five superfund cleanup actions, and solid waste disposal percent of the fund($10 million)may be used to �- facilities,except the siting of new incinerators. provide cities with below market rate interest loans for water system improvements. Every one of the environ- The 1988 Legislature concluded that all Minnesotans mental protection programs identified as ineligible to share the responsibility to ensure wise stewardship of receive trust funds have estimated needs of tens and the state's environment and natural resources for the hundreds of millions of dollars. The need to allocate benefit of current citizens and future generations,and governmental resources to ensure adequate and clean that the proper management of the state's environment water for drinking,recreation,and commercial use and natural resources requires foresight,planning,and should be one of Minnesota's highest priorities. The long-term activities that allow the state to preserve its efficient management of solid waste is also an immedi- high quality environment and provide for wise use of ate and demonstrated need,yet these programs are its natural resources. In order to provide a long-term, ineligible for trust fund financing. consistent,and stable source of funding,the Legisla- ture asked Minnesota's citizens to approve the creation A trust fund may indeed be needed,but the Legislature of a constitutionally dedicated environment and natural should act to ensure that an environment and natural resources trust fund financed by one-half of the state resources trust fund not ignore current serious and lottery(with voter approval)and other state appropria- expensive environmental problems. A balance be- tions. The ballot indicated that the environmental trust tween short-and long-term environment and natural fund"will be used for air,water, land, fish,wildlife, resources needs should and can be established. The and other natural resources" The voters approved the state should adequately finance current programs measure overwhelmingly. designed to provide this and future generations with a quality environment and abundant natural resources, Although the fund is constitutionally created,the and increasing the types of programs eligible for eligibility of programs and projects for funding is set funding from the trust fund is one way for the state to `-- by statute. Current law provides that the following meet its obligations. programs or projects are eligible for financing from the trust fund: LUEET-14. Road and Highway Jurisdiction and Funding(C) • RIM(Reinvest in Minnesota),a program encourag- ing the use of marginal agricultural land as wildlife Cities support,a process of planned and mutually habitat; agreeable jurisdictional changes of city,county, and • Research projects; state roads. Long-term funding for maintenance and • Data collection; improvements is needed, and authority for jurisdic- • Public education programs; tional changes should be allowed only where such • Capital projects preserving or protecting unique roads have first been brought to adequate mainte- resources;and nance and design standards. The government • Activities that preserve or enhance wildlife, fish, turning back the road should be required to continue and other natural resources that otherwise may be maintenance until the turnback to the city is com- substantially impaired or destroyed in any area of plete. the state. The increased cost for cities to assume responsibility Projects or programs specifically excluded from for general maintenance and life-cycle treatment for a eligibility include: substantial number of additional miles of road greatly exceeds the current financial capacities of cities. Even • Superfund cleanup actions; with the removal of levy limits,cities are constrained • Wastewater treatment projects;and by state pressures to limit property taxes,voter opposi- • Solid waste disposal facilities(incinerators, tion to increased costs,and demands for other city �-' landfills,etc.) services. At this time,the level of funding in the 1993 City Policies and Priorities 33 municipal turnback account is inadequate for the I Rules should be changed to allow counties to additional miles of road which are likely to be shifted upgrade county state aid highways using county from counties and the state in the near future. state aid highway funds prior to turnback when cities concur and without the penalty which is It is important to acknowledge that, rather than saving currently imposed;and money,turnbacks merely shift the cost from one group of taxpayers to another. For these reasons, no whole- • The League supports allowing cities to participate sale program of highway turnbacks should be instituted in the decisions which determine whether a at this time. turnback road will be designated as a state-aid road or as a local street. If the city chooses to designate The League also recommends the following changes to the road as a state-aid road, this designation should help facilitate individual turnbacks: not affect the standard designation process, so that developing cities will be able to continue to designate a percentage of new road growth as part of the state-aid system. 34 League of Minnesota Cities Revenue Sources RS-1. Property Tax Reform and State Aid to between taxing jurisdictions,affect cities'abilities to Cities (A) compete fairly for residents and economic develop- ment,and threaten the delivery of essential city ser- Over the past several years,changes in the state's vices. In addition,property tax revenues now exceed property tax and aid systems along with volatile state the personal income tax in the total mix of state/local tax revenues have resulted in increased instability and revenues. This heavy and increasing reliance on the uncertainty in local government finance. In each of the property tax,especially for cities,could affect the last three years,state aids originally certified to cities stability of the entire state revenue system. during their budget process have been retroactively cut leaving local officials with few options but to reduce Cities, like schools and counties,deliver basic, essen- essential city services and delay necessary maintenance tial services to the residents of Minnesota and similar programs. to schools and counties,they need financial assistance from the state to ensure adequate delivery of these The 1991 Legislature established the Local Govern- services at a reasonable cost to local taxpayers. ment Trust Fund to create a dedicated and stable source of revenue for necessary state property tax relief B. The LGA formula, or its replacement,should programs. However,since its inception,LGTF rev- reflect a city's essential needs and ability to raise enues have been the target of budget balancing efforts local property tax revenues. of both the Governor and the Legislature. Faced with spending commitments$569 million in excess of The League recognizes problems faced by cities as a available revenues,the 1992 Legislature shifted the result of low property tax capacity,as well as extraor- funding for the homeowner's refund($53 million dinary needs,and recommends that the LGA formula annually)and county community social services aid address both of these situations. The League supports \, ,,, ($52 million)to the LGTF while also funding the continued efforts to develop an accurate definition of newly created county corrections aid program($8 the various revenue needs of different cities for use million),thereby reducing resources for existing along with tax capacity in a new city aid formula. property tax relief programs. With the additional Only by addressing both sides of the revenue and prospect of a general fund imbalance for the 1994-95 expenditure equation—capacity and need—can a biennium of$837 million,the LGTF is beginning to balanced state aid formula be designed. resemble the unstable and undesirable system it was designed to replace. C. The League continues to support the 1991 cre- ation of the local government trust fund(LGTF). Recognizing the need to address these issues and This support, however, could be adversely affected by numerous criticisms of the current LGA formula,the continual tinkering with either the revenue source or League recommends the following policy guidelines the programs funded by the LGTF. Cities support when changes are made to the LGTF and state aid both an irrevocable dedication of 2 cents of the sales systems: tax and motor vehicle excise tax, and payment for a defined and stable set of property tax relief programs A. Local government aid(LGA), or an equivalent from the fund. Because experience has shown that program of sharing revenues collected on a statewide statutory dedication cannot be assured, the League basis with cities,should remain an essential compo- supports a constitutional amendment to dedicate two nent of the property tax system. cents of the sales and motor vehicle excise tax (MVE7) to a property taxpayers'trust fund that will The League acknowledges that the state is facing guarantee continuation of the property tax relief another large projected budget imbalance for fiscal year payments which are currently being distributed 1993. However,the League strongly opposes further through the LGTF. Specific language for the consti- ,._ cuts in LGA or HACA or further transfers of city aids tutional amendment is very important, and the to school districts or counties. Such aid cuts and League of Minnesota Cities, in conjunction with transfers would increase disparities in tax burdens their constituency groups, will develop the amend- 1993 City Policies and Priorities 35 meet in order to ensure that it is in the best interest There are many financially sound reasons for cities to of cities and continued funding of LGA and HACA. have adequate cash balances, including the following. The LGTF receives the revenues from 1 Y2 cents of the • The funds a city has on January 1 must finance state sales tax and motor vehicle excise tax(MVET) their expenditures for the first six months of the plus the '/2 cent local option sales tax and MVET. The year. A city's primary revenue sources of city total of 2 cents should be used only for the programs revenue,property taxes and state-shared revenues, currently listed in statute for payment from the fund or are not received until June and July--six to seven equivalent programs such as a new city aid formula. months into the city fiscal year.Just as the state The LGTF holds the promise of necessary stability for has asserted its need to maintain an adequate cash both property taxpayers and local governments and reserve account,a city must have a fund balance will only be successful if the integrity of the fund is for its operating expenditures to avoid interfund or maintained by keeping the 2 cent rate and not adding commercial borrowing. However,unlike the state new programs to be funded by the LGTF. government,cities do not receive monthly rev- enues from numerous sources(such as sales taxes, The 1992 legislature removed the income maintenance personal and corporate income taxes,and various payments from the LGTF and added the homeowner's fees and charges to other governments). The refund,community social services aid,and the new alternative is costly borrowing,which is not in the county corrections aid. The availability of sales tax/ interest of local taxpayers or the state. MVET revenue growth for local aids should not be eroded by significant or extraordinary expansions of • Some cities also use their fund balance for major current programs or the addition of new programs to be capital purchases or infrastructure. By gradually funded by the LGTF. As a result,city aid from the accumulating revenue over a period of years,a city LGTF should grow annually at the same rate as sales can save its taxpayers the expense of issuing debt tax/MVET revenues. and incurring a large expense in one year. Cities explain this process of"saving"for major pur- D. The League opposes payment of additional HACA chases,such as a fire engine,to their taxpayers and for property class rates reductions from the LGTF the state when cities"designate"their fund balance beyond those rate reductions already in law through for such a purpose. taxes payable in 1994. • Cities need to maintain some fund balance to meet Extensive use of HACA payments for additional class emergency or unanticipated expenditures created rate reductions could consume most of the growth of by situations such as natural disasters, lawsuits, the LGTF. This would leave little growth for basic and premature breakdown of vital equipment. city aids and cause instability for city finances and for Cities are not allowed other revenue raising property taxpayers. Cities would be forced to adopt authority to address these issues during their excessive percent increases in net levies to fund budget year. inflationary budget increases. If the Legislature wants to pay for additional class rate buydowns,then they • Bond rating firms require proof of financial should be paid through the general fund. liquidity and a demonstrated ability to service debt in order to receive a favorable bond rating. Ad- RS-2. City Fund Balances (A) equate city fund balances are required for preferen- tial bond ratings. Additional interest costs,and The Legislature should not attempt to control or higher taxpayer burdens, result when cities without restrict city fund balances. These funds are neces- adequate fund balances receive poor bond ratings. sary to maintain the fiscal stability of city govern- The better the bond rating of a city,the lower the ments,provide adequate cash flow, allow purchases interest costs of borrowing are to the taxpayer. of capital goods and infrastructure, and to maintain favorable bond ratings. 36 League of Minnesota Cities RS-3.Service Duplication Taxation Exclusion (B) Auditor has authority to audit any city. Cities also report financial data to the department of revenue, The League supports legislation which would enable pollution control agency,department of trade and city property taxpayers to become exempt from county economic development,and other state agencies. levies for services which are either not provided to The private accounting field has proven to be fully city residents or which duplicate services provided by competent to conduct city audits,and are likely to be the city. more economical than contracting with a public agency. Therefore,the League would be opposed to In many cities,residents are paying the costs of county giving the state auditor the authority to audit cities or provided services such as police protection,which their instrumentalities. For all audits,local govern- primarily benefit county residents outside the city. In ments should be allowed to take proposals and use a other cases,city residents may receive benefits from private auditor rather than the state auditor,if the the county spending,but the services duplicate services government chooses. In addition,cities with popula- which city governments are already providing. tions under 2,500 should continue to be exempt from the expense of an annual audit. In order to more fairly allocate the cost of services and to eliminate duplication,city taxpayers and city RS-5. Cooperation,Collaboration,and governments should be given authority to petition to be Consolidation (B) exempt from county taxes or fees for services that duplicate city service or for services that are not The League supports the extensive efforts which have provided by the county within the city limits. Cur- been made by cities across the state to provide ser- rently,the city taxpayers in some cities are not required vices through cooperative agreements, collaboration to contribute to the costs of a county library system if and, in some cases, consolidated programs or govern- they are already paying for a city library system. ments. We encourage the Legislature to offer incen- Legislation should be passed to allow this arrangement Lives to foster the creation of additional agreements, to be extended to other services. but not at the expense of funding for current aid programs, and to acknowledge that city officials are RS-4. City Financial Reporting Requirements(B) most qualified to determine where shared or consoli- dated services are most appropriate and will be most The League supports modernization and an increased. effective. level of comparability of financial data that cities report to state agencies. The League will continue to Many studies and surveys of cities in Minnesota have work with the FINREP study, IISAC, and the Legis- shown that cooperative agreements and shared services lative Commission on Planning and Fiscal Policy to are very common. Cities across the state continue to accomplish these efforts. The Legislature should, make efforts to increase the number and extent of however,fund the study and implementation of programs provided,and/or to reduce the costs of public changes through the general fund, rather than the services. Because city officials are most qualified to Local Government Trust Fund which is to be dedi- assess local needs,the Legislature should not mandate cated to property tax relief Local accounting prac- cooperative agreements or consolidation requirements tices and preferences should not be required to for any city services or the form of city government. change as a result of the study, nor should local costs increase. Finally, requirements for reporting addi- RS-6. Penalties and Interest on Delinquent tional information should be carefully weighed to Property Taxes (B) determine the validity of the state's need for local government data. Cities should receive their proportionate share of revenues from penalties and interest collected on Minnesota has one of the most modern and rigorous delinquent property taxes. systems of municipal finance oversight in the nation. The State Auditor currently receives and reviews Under existing law,one-half of penalty and interest annual financial reports from all cities. Cities over payments on delinquent property taxes are distributed 2,500 are required to have annual audits and the to counties and one-half to school districts. This 1993 City Policies and Priorities 37 inequitable policy does not correctly distribute the RS-8. State Administrative Costs (B) penalties and interest which accrue on taxes that are levied by cities. By law,cities are only entitled to The League opposes the policy of deducting state receive penalties and interest which accrue to their agency administrative costs from funds which are special assessments. appropriated for property tax relief If the state continues this inappropriate policy,the costs should When property taxes are delinquent,cities--just like be more equitably borne by the full local government counties and school districts--lose expected revenue, trust fund, rather than only from funding for local and the current value of tax revenues. Delayed tax government aid payments can cause a city to reduce services or spend down reserves as they wait for late payment of property The League believes that all state government expenses taxes. should be subject to the standard appropriation review process and be funded directly by specific state appro- Counties have always received such revenues without priation,not by blanket deductions from property tax deductions from levy limits or from state aid payments; relief programs and from state grants. Where a state it is treated as"other income." Cities should receive agency is required to recover costs through a state their appropriate share of penalties and interest on their charge-back for services to local units,the state should delinquent property taxes as an unlimited revenue be required to hold administrative hearings to justify source. the charges on the basis of the services provided to the individual local units of government. RS-7. Service Fees for Government-Owned Property(B) City local government aid(LGA)provides financing for administrative costs for: the office of the state The Legislature should establish a program for auditor,the department of administration(IISAC),the reimbursing municipalities for services to state and state demographer,and the department of employee regional facilities. The program should(1) ensure relations. For 1993 LGA,$487,549 was deducted for that state and regional agencies pay for services that these state agencies. benefit their property, and(2) allow cities to receive compensation for services that are funded through In addition, LGA funds, distributed primarily to cities, general revenue,such as police and fire, which are have been used to finance operations by the state valuable to state and regional agencies.Any such fee- auditor and department of administration,which are for-service program should not be funded through not caused by cities alone, but by all local govern- the local government trust fund ments, including counties,school districts,and town- ships. The State of Minnesota owns a significant amount of property within cities in the state. Cities provide a RS-9. License Fees (C) range of services that benefit these properties. How- ever, since the state is exempt from paying property The Legislature should repeal all maximum fee taxes, municipalities are not reimbursed for the cost of provisions relating to off-sale liquor, on-sale wine, these services. This places an unreasonable burden on bottle club, and Sunday liquor licenses, and allow cities. cities to decide locally the appropriate fee to charge for such licenses. The State of Wisconsin established a program called "Payment for Municipal Services"in 1973.The The statutes typically grant authority to issue licenses program provides a mechanism for municipalities to be or permits without specific maximum fees. Cities reimbursed by the state for services they provide to should have the discretion to set fees based on their state-owned properties.Through a formula based on own costs, needs,and standards. Case law provides the value of state-owned buildings within a city,the ample limitations on cities' power to set license fees by Wisconsin system reimburses cities for police, fire,and requiring that revenues produced must be related to the ..� solid waste services. cost of issuing the license and regulating the licensed 38 League of Minnesota Cities business. The statutory maximum fee has not in- for each jurisdiction by comparing actual selling prices creased in over 30 years. of properties to the estimated market value assigned by the assessor. These sales ratios are used to equalize �– RS-10. Local Property Tax Authority(C) assessed values so that all local governments are treated fairly and not rewarded or punished based on The League strongly supports the Legislature's their assessment practices. repeal of city levy limits and support of local deci- sions on city spending. Without levy limits, local Sales ratios are thus important determinants of the accountability are enhanced and cities are allowed to level of state aid received by a community. Yet,in plan for, and respond to,changing financial condi- small communities,there are often not enough sales in tions and the increasing costs of state and federal a given class of property to permit an accurate determi- mandates. Levy limits are inconsistent with the nation of a sales ratio. In these cases,a countywide principles of local self-government and accountabil- average is applied. The county average,however,may ity be overly influenced by sales in a larger regional center and thus may not accurately reflect the experience of RS-11. Referendum Levies (C) smaller cities. The League supports repeal of the requirement that RS-13. Taxation Hearing and Notification Law(C) city referendum levies, unlike general property tax levies, apply to property market value. In addition, it The League supports the improvements which have is inaccurate for a referendum ballot to state "By been made to the taxation hearing law, which is voting YES on this ballot question,you are voting for incorrectly referred to as "truth in taxation." The a property tax increase." title should be changed. "Truth in taxation"is a misleading title for these hearing requirements. The The state has deliberately designed a system of prop- process should be renamed the "taxation hearing and erty classes based on property use which creates notification law." The League believes that the state varying tax burdens. The method by which a property government should set an example and be required to tax is adopted should not influence this class rate follow similar requirements for public hearings and system. This law makes an inappropriate distinction notification processes on tax and budget issues. between capital expenditures and operating expendi- tures only for city governments. Both spending items The League urges the Legislature to make the follow- are components of total city spending and should ing changes. impact taxpayers comparably. If the Legislature wants to adjust tax burdens,changes should be made in the • Local governments should be allowed to amend the classification system,rather than through the tax base. levy that they preliminarily propose to the county auditor on September 15. Many cities have a In addition,the simple statement that taxes will rise as difficult time realistically assessing their budget a result of a referendum levy may be false. In cases needs to be able to certify a proposed levy and where the city has reduced their general levy, or a budget by September 15—far in advance of the previous debt is retired,a city's property tax levy will beginning of the next budget year. actually decline when compared to the previous year. This early date,combined with the restriction that RS-12. Sales Ratios (C) prevents the city's final levy from exceeding its preliminary estimate, works against responsible The League urges the Legislature to require that budgeting and forces cities to overestimate their appraisals be used, rather than a countywide average, budget needs to avoid potential revenue shortfalls. to determine the sales ratio in small communities where few property sales occur. • As a state mandate,the costs of this requirement should be fully funded by the state. The appropria- \." Various state formulas consider property tax base tion made for the process for Pay 1991 taxes has valuation in distributing aid. Sales ratios are calculated not been renewed. Local governments must now 1993 City Policies and Priorities 39 find additional funds to finance this state-mandated • The requirement for parcel-specific notices should process from their tight or shrinking local budgets. continue. Every effort should be made by the Legislature and the department of revenue to • The League commends the Legislature for its 1992 ensure that the notice accurately estimates pro- action to reduce the size requirement for newspaper posed property taxes. advertising and eliminating unnecessary data from the advertisement. The Legislature should con- • The title of the requirement should be changed to sider eliminating the newspaper advertisement the"taxation hearing and notification law." The requirement. Notices sent to each property owner current title infers that there was and would be a and posted in each apartment building effectively lack of accuracy and accountability without this notifies citizens of the hearings and proposed process. In addition,the calculations used in the levies. The costs of publishing advertisements process are frequently misleading and confusing, consumes tax dollars which could be better spent and challenge the"truthfulness"and accuracy of on city services for taxpayers. the information provided. • 40 League of Minnesota Cities Federal Legislative FL-1. Single Family Mortgage Bonds census tracts in which 50 percent or more of the families have incomes of 90 percent or less of median. The League urges Congress to extend cities'author- ity to issue single-family mortgage revenue bonds and This proposal would aid cities in meeting housing to oppose recapture restrictions. The League also needs in transitional neighborhoods and would be an supports proposals to enable cities to expand their important tool to encourage neighborhood stability efforts to provide below market-rate home mortgages where conditions suggest increased likelihood of for second and third-time homebuyers in inner city property conversion to rental use or abandonment. neighborhoods. FL-2. Homelessness/Housing Issues Cities' authority to issue mortgage revenue bonds (MRBs) should be extended to support redevelopment The League supports full funding of federal assis- and to provide affordable housing. The League tance programs for emergency, long-term assistance supports reasonable income eligibility requirements in and preventive measures to aid cities to meet the order to target MRBs to areas where 50 percent or needs of homeless families and individuals. The more of the families have incomes of 80 percent or less League also urges Congress to strengthen federal of the statewide median as well as to areas of severe local partnerships in providing affordable housing at economic distress. the local level to reduce risks of homelessness. Previous congressional proposals to restrict the avail- Reauthorization of the Steward B. McKinney homeless ability of MRBs have required recapture of a portion of assistance act in 1990 is encouraging in view of federal the interest subsidy received if the home is sold within action restoring previous budget cuts in homeless five years. Recapture provisions and effective dates of assistance programs. Restoration of funding levels for proposed restrictions would impose strict tax liability emergency shelter grants,and Section 8 and SRO on bond issuers and add unreasonable costs for quali- rehabilitation programs have been important in sup- fled homebuyers at a time when cities are struggling to porting local efforts to provide housing services. make affordable housing available. Effective dates for Demonstration supportive housing programs and recapture provisions and disclosure requirements for supplemental assistance,along with health care and bond issuers with outstanding MRBs would seriously mental health block grants,emergency food and hamper bond sales after the effective date for imposi- shelter,and emergency service grants should continue tion of restrictions,resulting in a loss of financing for to be funded. housing needs. Long-term federal assistance to the homeless should City officials view the program as a means to provide include a firm commitment to finance low-income homeownership opportunities to buyers with limited housing programs to permit new construction as well incomes while encouraging flexibility in housing as rehabilitation and access to loan financing through purchases as family conditions change. At the same the Farmers Home Administration housing loan time,the program gives families a means of building programs and other federal elderly and handicapped home equity and serves as a source of neighborhood housing assistance for those in poverty. and community strength and stability. Measures to promote maintenance and rehabilitation of Efforts should be made to permit greater flexibility in low-income housing for families and individuals are the use of allocations of mortgage revenue bonds for also important strategies to reduce homelessness. programs in targeted areas. Under existing law,the Programs are needed to make such housing available in first-time homebuyer requirement is waived in census rural areas as well. Tax incentives for construction and tracts where 70 percent or more of families have rehabilitation of low-income housing must be contin- incomes of 80 percent or less of the statewide median. ued and strengthened to make it possible for cities to This should be broadened to permit bond issuers to respond to such housing needs. elect to waive the first-time homebuyer requirements in 1993 City Policies and Priorities 41 The lack of adequate community mental health services More care must be exercised to assure that the needs of contributes to the number of persons who are home- such households are fully recognized so that they will less. The needs of vulnerable individuals remain a be able to afford mortgage payments and expenses and major concern for local officials. The federal govern- to increase the opportunity to improve their economic ment must work with states and cities to improve status. eligibility for health care, long-term transitional housing, food stamps,and other federally subsidized HOPE must not be used as a means of selling off benefits to assist such individuals. public housing units to reduce the inventory of proper- ties which the federal government has a direct respon- FL-3. HOME Investment Partnership sibility to maintain. The federal government must help cities assure that an adequate supply of public housing The League strongly supports full funding of the is available for low-income households. Public HOME investment partnership program to provide housing tenants able to afford a limited down payment housing block grants to cities and states to develop for affordable housing in the community can be aided and rehabilitate affordable housing units. to purchase such units without risking the loss of public housing needed for those who cannot afford City officials are eager to take advantage of increased housing available in the private market. flexibility to address local needs through this program. It is important for Congress to identify new funds for City officials support federal policy to encourage the this program and maintain funding for on-going federal development of homeownership programs for public housing assistance and community development housing residents. It is important that such legislation programs,particularly for community block grants and establish realistic income thresholds and provide the public housing operating assistance and modernization. funding necessary to help cities coordinate the neces- sary mortgage financing and access to services needed Congress needs to address remaining concerns over to make it possible for families to purchase and main- local match requirements. The League supports a tain market-rate housing. ,..-,\ relaxation of those requirements. In future years, efforts should be made to provide greater flexibility in FL-5. Incentives to Preserve Affordable any local match requirements. Congress should also Rental Housing make it clear that local tax-exempt financing may be used to meet match requirements. The League encourages Congress to maintain funding for programs that prevent mortgage prepay- Eligibility thresholds for direct entitlements limit the ments or expiring contracts to result in buyouts that number of cities that can benefit from allocation of reduce the availability of subsidized rental housing HOME funds in Minnesota. It is important to maintain for low-income households. at least a$2 billion level of funding for the program in order to provide more cities with direct assistance. Financing for building owners and tenant subsidies, Reducing the threshold allocation needed for additional along with incentives to owners to maintain affordable cities to qualify for direct funding would make such rental units,will allow low-income units to be retained assistance available to cities that currently receive in the community and provide a mix of housing for direct CDBG entitlements. city residents. Continued financial incentives will be necessary to encourage developers to help preserve FL-4. HOPE-Home Ownership and Opportunity federally subsidized affordable housing units. for People Everywhere FL-6. Removal of Regulatory Barriers The League does not support the proposed HOPE homeownership program because it is not well The League opposes federal pre-emption of local designed to help public housing tenants afford the housing and zoning ordinances and regulations and cost of purchasing and maintaining their own homes. the withholding of federal housing assistance from cities which fail to conform local housing codes to standards imposed at the federal level. 42 League of Minnesota Cities Local land use regulations,subdivision ordinances and FL-8. FHA Insurance Changes building codes are adopted to protect public health, safety and welfare. City officials are alarmed by The League supports easing limits on financing of �.. proposals that would preempt local authority to estab- closing costs required by FHA housing insurance lish building and zoning requirements and demand that programs. cities alter such local regulation under threat of the loss of federal housing assistance. City officials are concerned that limits on the amount of closing costs that may be financed will make When necessary,cities are in the best position to homeownership increasingly difficult,particularly for determine if such requirements can be modified to younger, first-time homebuyers. Cities have ample lower the costs of producing affordable housing. But supplies of affordable housing that must be maintained regulatory reform will not help cities increase the and made available on a continuing basis for those supply of affordable housing if federal funds for low- seeking a first mortgage. income subsidized housing are not available. FL-9. Portability of Section 8 Housing Certificates HUD has no direct experience in the review of local and Vouchers building code and zoning requirements. Imposing federal review on cities is an unacceptable intrusion The League urges Congress to modify Section 8 into the authority of local government to adopt land- tenant assistance requirements to relieve local use and community development policies which assure problems caused by the demand for Section 8 units. neighborhood stability and orderly growth. Modifications should also be made to help public housing authorities meet the needs of Section 8 FL-7. Comprehensive Housing Assistance certificate holders who have moved from another city. Strategy(CHAS) The League recommends the following changes in The League urges a reduction of the extensive federal rules to ease difficulties for housing agencies documentation cities are required to produce in order adversely affected by loss of income and tenant assis- to receive federal housing funds under the national tance as a result of portability: affordable housing act. • Require that certificates and vouchers be used in The comprehensive housing assistance strategy the jurisdiction in which they have been issued for (CHAS)reports to be submitted by cities to the U.S. a minimum 12-month period; Department of Housing and Urban Development have substantially increased the workload of local housing • Compensate agencies experiencing losses because agencies. In many cases, local agencies may not of housing adjustment payments (HAP)to agen- receive additional federal housing assistance despite cies in other cities for the added administrative and completion of this lengthy and difficult analysis and financial charges incurred; reporting requirement. • Make federal funding available to assist smaller Serious doubts have also been raised about the useful- local HRAs (outside MSMAs)to deal with ness of CHAS reports as a planning tool. Use of additional record-keeping and accounting required outdated census information, rapidly changing housing as a result of experience with portability; markets and lack of documentation on specific popula- tion groups limits the accuracy and reliability of some • Examine the feasibility of setting limits on the information. Cities are unlikely to propose ambitious number of portable certificates that will be avail- strategies when addressing such needs because of able from the originating PHA or make it possible concern that failure to achieve objectives will result in for agencies to adopt a more flexible method of the loss of federal housing assistance in the future. adjusting for the loss of Section 8 units. 1993 City Policies and Priorities 43 City officials recognize that mobility of low income FL-11. Mixed Populations persons seeking rental housing necessitates portability of Section 8 assistance,but the impact on communities The League urges Congress to relieve serious prob- ,..� and neighborhoods must also be addressed. Officials lems resulting from requirements to house people are duly alarmed by indications that Section 8 units with disabilities in public high-rises originally may become concentrated in certain localities,which, designed assenior citizen residences. in turn,contributes to a loss of a mix of housing and income levels within the neighborhood. Immediate action must be taken to overcome problems of security and unworkable living arrangements to FL-10. Siting of Group Home Residential Facilities protect the well-being of residents and prevent further deterioration of buildings and loss of housing units. The League urges Congress to modify the fair hous- ing act to permit cities to exercise reasonable dis- Seniors must be accorded the opportunity and the persal and spacing requirements for residential care assurance that they can enjoy a suitable environment facilities to prevent over-concentration and to provide and security as residents of public housing units. the benefit of normal residential surroundings to Elderly residents must not be subjected to increased people with mental illness, the homeless, battered stress and anxiety as a result of the assignment of women and children, those with developmental emotionally unstable younger people to the same disabilities buildings in which senior citizens reside. Cities must be authorized to establish appropriate It is important that cities be permitted to devise alterna- dispersal and spacing requirements while protecting the tive housing options to allow those with disabilities to rights of the disabled to assure that they are not denied have access to programs and services associated with access to housing in residential zones. It is also clear housing assignments that will more closely fit their that those who license and purchase services from needs and lifestyle. At the same time,such approaches residential providers must exercise responsibility to can provide more appropriate surroundings and secu- make available to disabled citizens the benefits of rity for the elderly. normal residential surroundings. Access must not be denied through improper application of local zoning FL-12. Anti-Drug Abuse: Prevention and codes. Assistance Cities must be clearly authorized to exercise local The League supports full funding of the anti-drug controls to prevent over-concentration of residences abuse act and urges the federal government, in within neighborhoods and to enhance the opportunity partnership with cities, to provide assistance to local for disabled residents to receive needed health and law enforcement agencies, courts,schools,commu- social services as well as access to public transporta- nity-based organizations, treatment facilities, and tion, education,and recreation, to help sustain a quality other local resources to combat the threat of drug of life for them, and for the community in which the abuse and related crime and violence. facilities are located. The failure of some states to pass grant allocations Efforts to mainstream individuals requiring special care through to cities threatens to undo valuable is of particular interest to cities. Such people must not interjurisdictional cooperation and implementation of be forced to reside in areas that threaten to become statewide drug control strategies. Congress must make defacto institutional zones. This not only defeats the it possible for cities to receive funding in a timely purpose of fair housing legislation designed to scatter manner by requiring states to guarantee that they will such uses in a variety of settings,but also pits social distribute funds efficiently and direct them to local service providers against neighborhood residents who units of government. Such agreements must assure become fearful and resentful about the influx of such allocation of at least 80 percent of federal drug control facilities into the local area. systems improvement grants to local law enforcement --�. 44 League of Minnesota Cities and drug control activities and demonstrate that smaller The trend toward increased alcohol abuse among youth non-metropolitan efforts are awarded a proportionate is equally alarming and difficult to eradicate. Direct share of funding. experience with this problem at the state and local levels has provided an understanding of substance Coordination and broad-based cooperation at state and abuse problems. For all these reasons, local officials local levels should be encouraged in order to increase must be granted the flexibility to design programs to the effectiveness of measures designed to deal with the address the special problems faced in their communi- grievous personal,social,and economic consequences ties. Serious economic problems and cultural differ- of drug abuse. City officials acknowledge the need for ences within city populations also create obstacles reasonable controls to assure accountability in the use which must be overcome to reduce the spread of drug of federal funds. It is also important that federal grant and alcohol abuse. Local officials are in the best requirements remain flexible and that complicated position to help individuals at highest risk of addiction grant application procedures be kept to a minimum. overcome distrust and lack of confidence in govern- ment-sponsored programs. The League supports efforts of the Minnesota Office of Drug Policy to seek waivers from the federal govern- FL-13. Federal/Local Fiscal Relations ment to assist local governments to provide the 25 percent local match required for receipt of such federal The League of Minnesota Cities urges Congress to funds.The League encourages other states to seek such uphold the authority of cities to issue tax-exempt waivers from the federal government to aid cities bonds and oppose further intrusion when restrictions which do not have sufficient resources to meet the result in higher issuance costs, loss of investor federal match. Increasing match requirements to 50 incentives for construction and preservation of percent would make cities with a smaller tax base affordable housing, or the loss of tax-exempt status ineligible for federal grants needed to aid local law for general obligation bonds. enforcement and drug control efforts. City officials oppose proposals to increase such local matching Cities face critical decisions in the investment of funds requirements. to meet costly infrastructure and public service needs. Cities need to be able to take advantage of the small The League urges Congress, in concert with state and issuer deductibility exemption for banks and pools local government,to support efforts to strengthen the which purchase or sell municipal bond issues. The capacity and improve the effectiveness of local law League urges Congress to enact legislation that will enforcement agencies,both urban and rural,to combat bring banks back into the tax-exempt market to accom- drug trafficking and other illegal activities that threaten plish these objectives and save local tax dollars. neighborhoods and the safety of city streets and homes. The following changes in federal fiscal policy will aid It is also necessary for the federal government to cities to make effective use of tax-exempt financing intensify U.S. and international efforts to reduce the for such purposes: agricultural and manufacturing sources of illicit drugs in other nations. • Increase smaller issuer arbitrage rebate exemp- tions; Strategies to reduce the supply and demand for drugs must be clearly defined with realistic objectives and • Make relief from arbitrage rebates retroactive to goals. It is essential that Congress provide a consis- 1986; tent,stable source of funding for federal grant pro- grams and permit sufficient flexibility at the local level • Raise small issuer bank deductibility; to allow cities to make use of funds in a timely and effective manner. Past experience demonstrates it is • Ease restrictions on the use of municipal bonds for difficult to implement effective local strategies when environmental facilities; restrictive and complicated grant application proce- dures are imposed and funding levels are inconsistent. • Allow cities to keep 10 percent of arbitrage earn- ings. 1993 City Policies and Priorities 45 Congress should provide cities relief from costly FL-14. Federal Mandates arbitrage rebate restrictions and allow local government to retain investment earnings to revitalize neighbor- Congress must provide direct financial support to hoods and strengthen the community. compensate local governments for the cost of imple- menting federal requirements and programs. Previ- City officials also urge Congress to study the state ous attempts to provide fiscal relief have failed volume cap on private activity bonds for financing because congress has not provided a dependable and environmental projects to determine whether activities stable source of funding for federal-local fiscal are being delayed because of such restrictions. The assistance. study should also examine the added cost to cities of meeting environmental mandates if taxable financing Congress must also make it less costly for cities to must be used or if delays lead to fines or penalties carry out federal requirements by permitting local imposed by federal law. flexibility in complying with mandates. Legislation which establishes new or additional responsibilities The League also supports investor incentives for and costs for local government must also indicate the construction and preservation of affordable housing, source of funding to pay for local programs and including the following: services required under provisions of the bill. Further, such requirements must also acknowledge local • Rehabilitation tax credits; responsibility for paying those costs in the absence of federal funding. • Low and moderate-income housing tax credits. It is important that federal legislation imposing in- Such tax policy should be made a permanent feature of creased responsibilities and duties on cities be required federal-local fiscal relations. In addition,the League to include funding to lessen the fiscal impact of supports low-income housing tax credit policies more complying with those requirements at the local level. workable by making full credit available for projects in which cities use tax-exempt financing or community The following federal mandates have direct and development block grant(CDBG) funds. substantial fiscal impact on cities: The League supports the following policies to broaden • Compliance with environmental regulations, the authority of cities to use tax-exempt financing: particularly wastewater treatment and safe drinking water standards,stormwater permit requirements, • Restore the private use test to 25 percent for bond as well as imposition of penalties for failure to issues of less than$25 million; attain standards; • Expand qualifications for exemption from bank • Regulation of landfills, incinerators,ash disposal, and arbitrage deductibility; and other solid waste management activities; • Maintain the current limit on the authority of • Local match requirements for new federal transpor- nonprofit corporations to issue tax-exempt bonds. tation and HOME block grants; Federal regulation of municipal bonds should not • Tax-exempt bond reporting,arbitrage restrictions, require unnecessary reporting. Failure to report bond and penalties. issues to federal regulatory agencies should not result in taxation of interest income to the city. The League urges Congress to assess current federal programs,regulations and policies to determine the Federal arbitrage restrictions should not apply to extent of impacts on cities. The League supports municipal bond reserves or sinking funds. Arbitrage federal legislation to require fiscal impact statements which results from fluctuating interest rates, issuance (fiscal notes)for all proposals, rules,and regulations procedures,prudent management of the bond issue,or prior to enactment or enforcement at the local level. refundings should not be subject to retroactive tax liability. 46 League of Minnesota Cities Traditionally,city officials have agreed to comply with • Amend the comprehensive environmental re- federal requirements associated with the distribution of sponse,compensation and liability act(CERCLA) federal aid to local government, federal housing to provide that municipal solid waste is not a �. assistance,community development block grants, hazardous substance in the same manner as pro- wastewater treatment construction grants,etc. In vided under the resource conservation and recovery recent years,however,federal policymaking has often act(RCRA); resulted in shifting new duties and responsibilities to the local level without a corresponding increase in • Define the degree of toxicity of municipal solid federal revenues to cities or the expansion of local waste in assessing liabilities for cities which authority to raise revenues to pay for those new man- arrange or license pick-up and hauling of munici- dates. pal waste within the city; FL-15. Solid Waste Management • Grant the federal government sole authority to sue local governments for clean-up cost-sharing costs The League strongly urges Congress to undertake a under the superfund statute if they have handled major effort to establish a national program of hazardous waste; resource recovery, recycling,source reduction, and environmentally safe disposal of solid waste as • Regulate resource recovery and ash emissions environmental priorities. through a permitting process that requires periodic monitoring and achievable emission controls; The following measures must be taken to protect the environment and to make it possible for cities to carry • Require retrofitting of existing incinerators only to out responsibility for disposal of municipal solid correct major pollution problems not recognized at waste: the time of construction or to install new cost- effective technologies; • Establish packaging standards for manufacturers, distributors,and retailers and require all new • Designate incinerator ash as a special waste and products and packaging to be non-toxic,recyclable, establish testing and treatment requirements along and/or biodegradable; with development of flexible methods of ash disposal for residue that has been tested or treated; • Authorize the U.S. Environmental Protection Agency to require industry to eliminate toxic, • Establish design criteria for ash monofills to be nonrecyclable,and/or nonbiodegradable products used for untreated or toxic ash; and packaging; • Further,the federal government must develop • Provide funding and other assistance to expand the options for solid waste disposal and assist local market for recyclables; governments in implementing cost-effective programs to reduce the chance of future environ- • Restore favorable tax treatment for financing of mental damage from waste disposal methods. resource recovery facilities, landfills,and recycling centers; Source reduction also plays a critical part in manage- ment of increasing costs of disposal. Congress must. • Develop national recycling goals and initiatives; establish packaging standards for manufacturers, distributors,and retailers to reduce the volume and • Provide funding for pilot recycling programs to pollution problems associated with toxic and non- assist cities to develop new recycling methods and biodegradable materials. Removal of toxic, programs; nonrecyclable, or nonbiodegradable packaging and products must be a major focus of a national solid • Develop siting criteria for waste disposal facilities; waste management policy. 1993 City Policies and Priorities 47 Local officials need to have assurance that required Cable Television Consumer Protection and Competi- standards and restrictions for solid waste disposal have tion Act provide protection for local cable subscrib- been determined in order to plan and construct waste ers. disposal facilities with adequate safeguards to protect the environment. Cities strongly support local regulation of rates charged for cable services. Under provisions of the new law, Development of integrated strategies that utilize source cities are authorized to apply for certification to enforce reduction,recycling,resource recovery,and landfilling FCC rate regulations of charges established by local is required. The League supports NLC development of cable operators for basic service,installation and leased a national solid waste management policy for cities to equipment. City officials object to this arrangement, provide management options that allow cities to meet particularly because local government can most local needs. effectively regulate rates charged to subscribers by the cable company with which the city has a franchise FL-16. Airport Noise Control agreement. The League strongly supports enactment of a na- Cable franchise regulation must also assure that cable tional noise policy which upholds local authority to operators are responsible for. regulate airport noise levels and aircraft operations to protect the health,safety, and well-being of the • Providing wide access to cable services; public. Congress must not preempt local zoning • Maintaining the quality of cable signals;and authority and policies aimed at reducing unaccept- • Assuring satisfaction with customer service able aircraft noise levels that affect nearby neighbor- standards. hoods and populations. Strengthening local regulation The federal government should establish firm deadlines for the phasing out of older,noisier aircraft used by The League strongly supports city authority to estab- —` commercial and air cargo carriers. Congress must also lish and enforce customer service standards more act to restrict use of Stage II aircraft by carriers when a stringent than those adopted by the FCC. Cities also ban on such airplanes goes into effect in Europe. welcome changes in federal law to create local author- ity to revoke a cable operator's franchise for cause and Communities adjacent to municipal or major hub the provision of damages immunity for local franchise airports must retain the authority to impose noise authorities in the regulation of cable systems. restrictions and to regulate airport capacity to provide for the health and safety of residents and those work- Leased Access Reforms ing in locations affected by airport operations. Cities must be free to protect public health and safety by Of equal importance are concerns for leased access to adopting land use and zoning regulations, licensing cable channels,particularly for public and educational requirements,and other measures designed to preserve (PEG)programming. The League has supported the character and quality of life of residential areas reforms which would require cable operators to provide affected by airport operations. a set-aside of channel capacity for such purposes. The new cable law requires the FCC to establish a maxi- The Federal Aviation Administration should also adopt mum reasonable rate which cable operators could "non-addition"rules to regulate the use of Stage II charge as well as establish the terms and conditions of aircraft by domestic air carriers following the ban on such leases. the use of such planes in Europe. Signal Quality Enforcement FL- 17. Cable Television Regulation The League supports strengthening FCC authority over The League urges Congress to ensure that rates minimum technical standards to require operators to ---� established for basic cable services by the Federal maintain or improve signal quality. Cities should also Communications Commission (FCC) under the 1992 be authorized to include enforcement provisions in 48 League of Minnesota Cities local franchise agreements. Recognition of the impor- Municipal Cable System Ownership tance of local enforcement is critical. Cities also insist that FCC approval of additional local authority to It is also essential that cities' authority to operate a ,�. institute more stringent standards be granted without cable television system be upheld and secured. Such delay to communities in which serious difficulties and efforts have previously been challenged by cable customer dissatisfaction is already documented. operators,resulting in costly litigation and actions by cable systems to undercut rates charged by municipal Enhancing Competition cable systems in an attempt to force the city to discon- tinue offering services at the local level. Cities also support prospects for encouraging competi- tion in the delivery of cable services. It is important DBS Regulations that competitors have reasonable opportunities to offer comparable services. But congress must see to it that Requirements for the FCC to adopt rules that would cities are in a better position in the immediate future to make direct broadcast satellite(DBS)services subject discourage attempts by the cable industry to eliminate to public interest requirements are also needed. Con- competition in the delivery of local cable and video sumers receiving such broadcast and video program- services. ming services must be assured of the opportunity to receive noncommercial public service programming. Programming Access Improvements Reserving channel capacity for noncommercial pur- poses is of fundamental importance to communities in Local franchising authorities have always insisted on which such DBS services are offered. the importance of access to programming in order to discourage monopolistic practices within the cable Cable System Sales/Transfers industry. The League supports measures to disallow video programmers affiliated with cable operators from Finally,there must be limits placed on the frequent sale discriminating against a multichannel video program- and transfer of cable system ownership. The League ming distributor. In addition,congress should assure supports measures which limit the frequency of those that exclusive programming contracts between a cable transactions and require cable operators to obtain local operator and programmers affiliated with the that approval of such sales or transfers within the cable operator are strictly limited and regulated. franchise agreement. Measures to restrain monopolistic practices in the cable FL-18. Economic Development industry are key to increasing opportunity for competi- tion. Therefore, it is essential that cable operators be The League urges Congress to take the following prevented from engaging in the following activities: actions to help cities encourage the development of the local economy: • Requiring video programmers to grant operator's financial interest in programming service in order A. Strengthen Small Business Administration (SBA) to guarantee channel placement; guaranteed loan programs in urban and rural areas; • Discriminating against unaffiliated video program- mers; B. Encourage banks to work with cities and SBA- • Extending multiple system operational control over certified community development corporations an unlimited number of subscribers; (CDCs) to develop revolving loan programs for • Allowing affiliated video programmers exclusive housing rehabilitation and new construction;and use of available channels; • Obtaining licenses for multichannel multipoint C. Provide financing for expansion and retention of distribution service(MMDS)or providing satellite businesses, as well as public works grants and master antenna tv(SMATV)service in areas the revolving loan programs to cities through the Eco- cable operator serves. nomic Development Agency(EDA). 1993 City Policies and Priorities 49 • Congress should coordinate federal assistance to cities in the community to obtain start-up loans or financing with existing state economic development and housing for improvements or expansion. It is essential that assistance and financing programs as well as those employers in such communities be able to obtain SBA initiated by local banks in response to Community micro loans,particularly for prospective business Reinvestment Act requirements.The efforts by cities to owners who do not have sufficient equity to qualify for work with local businesses,churches and community regular bank financing. organizations,foundations and private organizations must also be coordinated with federal action. In addition, federal tax policy must address the urgent need to encourage development of private sector Such an approach will establish a federal-local partner- initiatives to aid development of small businesses, ship with a strong interest in supporting the creation of particularly in non-metropolitan locations. Cities locally based initiatives and cooperation. Federal located at a distance from population centers and funding can make it possible to stimulate local invest- major urban areas have a vital interest in the availabil- ment in business development and rehabilitation ity of venture capital and financing for small business programs which will strengthen and improve employ- development. ment and business opportunities. Federal policy should also address the potential for Cities also utilize EDA programs for business expan- making use of the requirements of the Community sion and job retention. EDA provides valuable assis- Reinvestment Act(CRA)to encourage the creation of tance in the form of grants for infrastructure improve- locally-based consortia of non-profit development ments and upgrading of public utilities to support corporations and banking interests. Such activities economic development objectives. Therefore, it is could generate development of micro business loan vital for Congress to continue to fund EDA programs programs in distressed neighborhoods and lead to that make it possible for cities to support local business creation of community revolving loan programs for expansion and encourage development of a skilled housing rehabilitation and construction. workforce. FL-19. Rural Development Issues The League also supports efforts by cities to collabo- rate with other local educational,community develop- The League urges Congress to recognize and support ment, housing,and social service organizations in the the responsibility and authority of cities to provide development of local economic development strategies. water and sewer services and to refrain from autho- rizing the financing of rural utilities that would Regional development commissions(RDCs)also adversely affect orderly growth of unincorporated provide an important resource for cities. RDCs can areas,particularly those adjacent to corporate city assist in administering small city CDBG grants and limits. provide technical assistance in developing grant applications and strategies to address local economic The League also supports programs and increased and community development priorities. funding to strengthen rural economies and to aid cities It is particularly important that congress provide to provide services and public improvements that sufficient funding to make SBA guaranteed loans for stimulate economic development. businesses in cities located at a distance from major metropolitan areas and urban centers. Cities must also Such programs must uphold the authority of cities to have the financial resources to establish revolving loan provide public utility services and recognize the funds to aid business,encourage job development,and importance of orderly growth within a comprehensive improve the effectiveness of local economic develop- land use planning process which involves cooperation ment strategies. among local units of government. Smaller cities must be able to provide business start-up The federal government must increase the capacity of loans of$25,000 to$500,000. Cities in rural areas local units of government to deal with problems of have been adversely affected by the loss of locally groundwater contamination and water resource man- owned banks, making it more difficult for businesses agement;to comply with federal environmental 50 League of Minnesota Cities standards;and to make services that will increase and to strengthen the agricultural sector. The role of economic activity and planned development available rural electric cooperatives is to serve farmers and those to residents in surrounding rural areas. living outside urban centers with electric service,and should not be to provide additional water and sewer Congress must also assure that federal authorization for utility services in areas where cities are prepared to rural electric cooperatives(RECs)to finance the extend current services or expand facilities to provide construction of water and waste disposal facilities in needed capacity. unincorporated areas will include criteria for approval of grants or loans that take account of existing munici- Increased REC interest in competing with cities to pal utilities and service delivery and the impact of such provide such utility services in rural areas experienc- facilities on regional and/or local land-use planning ing residential growth and commercial/industrial and development. development has raised serious concerns at the local level. Cities are experiencing increased intrusion by Unplanned development in unincorporated areas(rural RECs in annexation proceedings and disputes,and in sprawl)creates serious problems in rural communities. the delivery of municipal services to subdivisions. It is Such development weakens,rather than strengthens evident that,on a national level,the REA,is encourag- local economies in agricultural areas. The federal ing local cooperatives to pursue authority to provide government must strengthen the role and capacity of utility services that cities have traditionally been cities in such locales to maintain a quality of life, authorized to deliver. encourage economic development, sustain a growing population,and efficiently use agricultural resources. If Congress enacts rural development legislation that establishes REC eligibility to borrow funds for devel- Proposed expansion of REC involvement in the opment of such systems,such financing should only be financing of rural water and sewer systems seeks to approved if the following criteria are satisfied by the take advantage of the capital resources of RECs to proposals submitted by local cooperatives: provide rural areas with improved water and waste �.. disposal. City officials are familiar with the serious • Demonstration that the proposal to serve rural environmental and economic problems faced in areas areas with water or sewer services will not result with local population densities and limited capacity to in, or encourage the loss of valuable agricultural finance major public improvements. Previous federal land and resources; legislation failed to acknowledge or include the role of cities in the delivery of such public services,and • Completion of an environmental impact statement overlooked the necessity for local government coopera- or other evaluation of the effect of such facilities tion to establish and maintain support for rational on water resources,population settlement patterns, patterns of development. development strategies,and availability of other federal grants or loans(EPA water and sewer loans It is unnecessary for the federal government to expand and grants); the role of RECs to accomplish the objectives of federal rural development legislation. It is essential • Compliance with local comprehensive land use and that city officials and utilities work in a coordinated water management policies; manner to meet shared public service objectives. The federal government has a continuing responsibility to • Demonstration that such rural utility systems will enact appropriate tax policy and to maintain funding not create obstacles to annexation and orderly for current EPA and Farmers Home Administration growth of cities. (FmHA)grant and loan programs to aid such areas. Further,such policies must incorporate the following The League opposes initiatives to make RECs eligible principles to assure that provision of utility services in for low-interest loans to provide water and sewer rural areas provide for the following: services in areas without such service delivery. Such �-- policies are not in keeping with the purpose or role of • Recognition of the role and capacity of cities to RECs to provide electricity to support family farms deliver water and sewer services; 1993 City Policies and Priorities 51 • Right of first refusal by cities with current or Background planned capacity to deliver water and sewer service to extend such utilities to properties requesting Efforts in Congress have led to the addition of ground- improvements; water provisions to the reauthorization of the federal insecticide,rodenticide and fungicide act(FIFRA). • Eligibility of cities for such financing to extend or Such requirements were also added to the safe drinking improve current municipal utilities to extend those water act, which called for the EPA to determine the services; potential for pesticides to leach into groundwater supplies;notification of detection of pesticides; estab- • Direct participation of cities in the review of REC lishment of groundwater monitoring and registration project proposals to serve locations adjacent to requirements based on detection of pesticides in wells cities. used for drinking water;and the creation of groundwa- ter pesticide standards. FL-20. Groundwater Protection Groundwater contamination issues have been difficult The League supports policies to protect groundwater to resolve. Among the issues on which Congress has resources and urges Congress to concentrate on focused are notification of contamination detection and measures designed to minimize the use and disposal establishment of groundwater action levels for pesti- of toxic chemicals and to assist local governments to cides detected in the groundwater as the result of protect groundwater supplies. Federal legislation "normal use"that exceeds the action level. should emphasize management of groundwater resources rather than elimination of all contamina- FL-21. Clean Water Act tion and the development of national programs to aid small and rural communities. The League urges Congress to fully fund the state revolving loan (SRL)program to aid cities totally Cities are concerned with preventing the transport of comply with toxic control and sewage treatment contaminants into city water supplies and public requirements. In addition, Congress must recognize drinking water systems. Since the aquifers where its responsibility to aid cities to comply with non- contamination may occur are not limited to city/county point source pollution and combined sewer-overflow boundaries, it is important that protection measures and controls. monitoring requirements reflect such circumstances and make federal assistance available to local govern- The League also supports measures that will assure a ments to help carry out appropriate groundwater moratorium on enforcement of EPA-mandatory protection strategies. stormwater permits for cities under 100,000 population through 1992 to provide sufficient time to rewrite Flexibility in implementing groundwater protection requirements. programs is needed to enable state and local govern- ments to address management problems using current Cities over 100,000 population are prepared to con- laws and intergovernmental cooperation already in tinue stormwater management planning and monitoring place,rather than instituting extensive changes. activities,but Congress must defer implementation of management requirements until completion of the Federal legislative proposals have included provisions reauthorization of the clean water act. for national groundwater quality standards. Cities are concerned that proposed requirements to assure that all Failure to fund the SRL program has reduced aid to subterranean pore space in area aquifers to contain local government by nearly$2 billion since 1987. drinkable water may be difficult and costly to achieve. Many smaller cities cannot participate in such loan The expense of monitoring is likely to cause cities programs in any case for lack of local fiscal capacity to difficulty in maintaining other necessary water man- repay the financing. For that reason,the League is agement programs. Solutions to the threat or existence encouraged by introduction of legislation that would of groundwater pollution should be based on the local provide federal aid to cities for construction of drinking conditions and adequate understanding of the cost- water systems as well as wastewater treatment and effectiveness of remedies preferred by local officials. solid waste facilities,and for costs associated with 52 League of Minnesota Cities replacement of underground storage tanks. Of particu- establishing MCL requirements at the customer's tap is lar importance are provisions that would allow cities misleading and prohibitively expensive. under 2,500 population to apply for low or no interest loans or grants,with an accompanying state 25 percent If such requirements are put in place,cities will be match,that could cover as much as 75 percent of such required to undertake both corrosion control measures, costs. as well as replacement of lead service lines at costs which will be extraordinarily high and prohibitive at There is also a need to identify new revenues for the local level. Insistence on the removal of such pipes meeting the cost of financing combined sewer overflow as a prime strategy for reducing lead in public drinking pollution control measures as well as regulations which water supplies is seriously flawed. EPA-proposed allow cities to use available technology,and which regulations announced in May 1991 place more recognize the necessity of weighing costs and benefits appropriate emphasis on corrosion control measures as in the development of pollution control guidelines. the key means to control lead contamination levels. FL-22. Lead Contamination Costs to city residents for drinking water service would rise to intolerable levels under terms of this legislation, The League supports federal programs to help cities especially in smaller cities. The League urges Con- reduce harmful levels of lead in public drinking grecs to support provisions that make allowances for water systems and urges Congress to work with local small and medium-sized systems. Small cities bear a officials to develop standards and operating require- disproportionate share of the cost of compliance with ments that are feasible and realistic. Congress must safe drinking water requirements because they lack also continue support and increase funding for larger and more broadly based rate structures. The Farmers Home Administration grant and loan EPA has estimated that smaller water systems will bear programs as major sources of financing for smaller more than 60 percent of the cost of meeting federal city water systems in rural areas. safe drinking water requirements. Capital costs required are estimated to be$14.6 billion. �.. Legislation requiring the EPA to impose more strin- gent lead contamination standards in drinking water In addition,provisions make cities subject to liability should be modified to allow a longer time period for that can result in fines of as much as$25,000 per day implementing and evaluating corrosion control mea- for failure to maintain low levels of lead in drinking sures and alternatives. Congress must also substan- water supplies. It is unreasonable to hold city-owned tially change requirements that would make cities and operated systems both responsible for violations of responsible for removing lead service lines in privately standards over which they have limited, or no control, owned homes if lead levels exceed new,more stringent as well as making them liable for monetary penalties maximum contamination levels (MCL). for failure to meet such requirements. Further, Congress must establish a program of special FL-23. Transportation grants and loans for special needs to help meet the costs for new or modified treatment facilities required The League supports redirection of national trans- for compliance with federal standards. Expanded portation priorities under the Intermodal Surface training and technical assistance is also needed,as well Transportation Efficiency Act(ISTEA), which as a limit on the development of new MCL standards underscores the importance of the increased role for for those substances which occur widely,and which cities in planning and prioritizing transportation cause adverse health effects. needs at the state level. City officials acknowledge the responsibility for taking The League urges Congress to examine difficulties steps to reduce the level of lead in drinking water and encountered by cities in efforts to get state transporta- to assure that such contamination is treated to reduce tion departments to include the views of local officials levels as low as technically possible. Establishing in determining the expenditure of ISTEA funds to meet standards with each water supply distribution system local transportation needs. This is particularly impor- and the monitoring of such levels is necessary,but tant in rural and less populated areas of the state where 1993 City Policies and Priorities 53 cities are not represented through metropolitan plan- The League also continues support for the draw down ping organizations(MPOs). of the balance and accumulated interest in federal highway and airport trust funds and the return of those Cities are aware of the immediate need for states to revenues to maintain highway,airport and transit implement effective methods for encouraging local systems. level decisions regarding transportation issues. Cities also underscore the importance of the increased role of Restrictions in the federal budget process have thus far MPOs in assisting states with transportation planning prevented congress from fully funding ISTEA highway and the use of ISTEA funding. and transit programs. Local officials are particularly concerned about the severely reduced spending levels The League strongly supports direct involvement of for public transportation programs from appropriation city officials in the development of the following key levels authorized by ISTEA. Such circumstances are elements of the ISTEA program: particularly worrisome because of the restrictions and potential reductions in funding for transit operating • Determination of levels of federal funding for all assistance. categories of federal highway programs 4R(inter- state repair,reconstruction,rehabilitation and The League continues to support the following national renovation); BBR(bridge replacement and repair); transportation priorities as states implement ISTEA rural and urban/suburban; programs: • Mandatory pass-through of funds for urban/ • Improve commuter mobility,traffic congestion,air suburban roads to cities or planning MPOs in areas quality and energy conservation; with a population of more than 200,000; • Increase investment in technologies that offer • Removal of barriers to intermodal, interagency and solutions to the problems resulting from depen- public/private cooperation in the development of a dence on movement of vehicles, including research prominent transit program; and development of transportation alternatives; • Flexible transfer of highway and transit funds to • Allocate federal funds to principal arterials to meet local needs and encourage innovative ap- relieve interstate highway congestion; proaches to emerging urban and suburban mobility problems; • Include metro and non-metro(primary)highway systems in the national highway classification • Incentives to increase transit ridership; system; • Integration of transportation modes for freight • Support regional decision-making for project linkages to railheads,ports,and markets; selection under the federal urban-aid highway program; • Increasing the importance of investments in rural and urban transportation programs that directly • Increase reliance on movement of people by benefit the development of agriculture,tourism, providing incentives to commuters to use highway and industry; transportation alternatives; • Separate authorization of transit programs includ- • Maintain federal investment in transportation on a ing designation of funds for discretionary uses; long-term basis. • Increased emphasis on management of transporta- FL-24. Passenger Facility Charges and Airport tion demand through the use of high occupancy Trust Fund Expenditures vehicle lanes (HOVs), ridesharing,traffic signal timing,ramp metering,staggered work hours,and The League supports authorization of local airports other traffic management techniques. to impose passenger facility charges(PFCs) to fund 54 League of Minnesota Cities airport capital development projects. The League While increasing competition among airlines,such also insists that the federal government spend down provisions must also provide sufficient safeguards for balances in the airport and airway trust funds as the consumers to strengthen regional passenger airservice. �.— principal mechanism for financing airport develop- It is also essential to assure that airline passengers from ment and improvements. smaller airports who rely on reasonable rates for connecting flights at hub airports are not required to Legislation authorizing airport operators to levy PFCs pay disproportionately higher fares as a result of on airline passenger tickets should be implemented imposition of PFCs by major airport operators. only if federal financial support for other local airport programs is maintained and airline passengers are Ticketing and travel schedules that require more protected from exorbitant price increases for connect- than two connecting flights should not be subject to ing flights to major airline routes at regional hub disproportionate rate increases as result of PFC airports. Another essential condition for implementa- charges. tion of the PFC is the spending down of the airport trust fund surplus over the next five years. City officials support restoration of funding to the essential air service program for small municipal Smaller airports and air travelers dependent on con- airports hurt by deregulation. Provisions that would necting flights must also be assured of proportionate prevent the U.S. Department of Transportation from revenues and equity in the imposition of PFCs on such reducing the number of cities in the program and tickets. authorize sufficient funds(at least$26.6 million for fiscal year 1991) from the federal aviation trust fund Congress must increase the rate of spending out of must be key components of federal policy and must be existing airport trust funds to meet pressing local included in legislation to authorize PFCs at larger capital needs and to increase grants to smaller airports. airports. Airports should also be granted flexibility in the use of PFC revenues for: FL-25. Refugee Assistance • Airport access road improvements; The League supports full funding of the refugee act of 1980 and urges Congress to improve coordination • Noise reduction and measures designed to aid between federal government agencies in the formula- nearby residential neighborhoods seriously im- tion of refugee policy. The League also urges the pacted by airport operations;and National League of Cities and the federal government to study refugee settlement concerns and to take • Airport operational costs. further action based on timely research. The transfer of a portion of aviation trust fund entitle- Resettlement is a national issue,and the League ment revenues from large and medium hub airports believes that more federal assistance is warranted. which decide to levy PFCs to smaller non-hub airports is a critical means by which small cities can also Funding levels for assistance programs to refugees benefit from PFCs paid by passengers using connecting need to be more representative of annual admission flights. levels. Further congressional action should establish greater cohesion among the refugee admissions policy It is estimated that PFCs will generate more than$1 of the U.S. Department of State,the level of appropria- billion per year to be used for construction, improved tions for assistance programs established by Congress, safety,and better air traffic control. In 1990,FAA and the administration of the refugee assistance act by estimated annual airport capital improvement at needs the office of refugee resettlement in the department of at$10 billion. The current PFC charge will cost health and human services. passengers a maximum of$3 per enplanement,with no more than two such levies per one way ticket,regard- Refugees who settle in the United States,particularly `�- less of the number of connections. Southeast Asians, face a number of serious problems. The educational system is generally ill-equipped to 1993 City Policies and Priorities 55 help young refugees and their children. Along with the This matter is urgent in view of many local elections obvious cultural and linguistic bathers to achieving scheduled each year. The impact of the Social Security self-sufficiency,educational problems promote a cycle tax on local election judges will make it especially of poverty and welfare dependence among refugees. In difficult to recruit and retain citizens willing to take addition,refugees experience social and psychological part in the important work of conducting election day problems that are uniquely related to their past experi- activities at the polls. ences and recent settlement in the United States. Their isolation from other Americans and the lack of federal City officials are also dismayed at the increased funding for specific education,social services,and job administrative workload needed to comply with these training for refugees compounds the problem. requirements and the reactions of those serving as election judges who will now have additional deduc- The continual arrival of new refugees,the significant tions made from the modest wages earned as polling numbers of settled refugees,and the cultural and place workers on election day. Senior citizens who linguistic barriers to serving these unique people,all serve as election judges have expressed anger and point to an ever-growing strain upon cities,counties, frustration over the recent tax changes and have and states across the nation. The League recommends indicated that they will refuse to serve in the future as a that the federal government study these concerns to result of the imposition of these coverage requirements. assist in the formation of a more comprehensive program to achieve the goals of self-sufficiency and FL-27. Government Accounting Reporting cultural assimilation for refugees. Requirements Increased federal funding to special programs for The League of Minnesota Cities urges the Govern- refugees has been encouraging. Restoration of funding ment Accounting Standards Board(GASB) to refine levels for AFDC,refugee cash assistance,state and the GASB 10 statement to allow for the recognition county administrative costs and the refugee of future revenues to offset the present value of risk unaccompanied minor program continue to be impor- liabilities and promises of future benefits for retirees. tant to cities coping with the strain of refugee settle- ment. However, municipalities do not have adequate The League supports accurate reporting of city finances resources to address refugee concerns. with full recognition of realistic revenue streams for future years to offset liabilities for obligations which FL-26. Social Security Deductions for require future payments. Election Judges The GASB 10 requires cities to report the present value The League urges Congress to provide a permanent and available assets to finance the following types of blanket exemption from Social Security coverage for liabilities for annual reports and operating statements: election judges. • Accident,health,dental,and other medical ben- Uniform exclusion of all election workers from provi- efits; sions of the new federal tax requirements that apply is necessary to eliminate this unnecessary requirement for • Post-retirement benefits; employees whose average age nationally is 54 and among whom are a large number of retirees. • Torts; It should also be noted that election judges earning less • Job-related illnesses or injury to employees; than$100 per year are already exempt from these provisions. • Theft or damage to or destruction of assets; The League is encouraged by efforts underway to raise • Acts of God;and the income threshold for election judges which will --..„ exempt most of them from these new requirements. • Errors or omissions. Congress should also consider exempting election judges from current Medicare payment requirements. 56 League of Minnesota Cities GASB 10 reporting requirements,as proposed,would tial negative fund balances. The proposed national fundamentally alter the way in which governments accounting standards,which take effect June 15, 1994, account for insurance costs as well as self-insured will adversely affect units of state and local govern- claims and have budgetary and management implica- ment as well as public employee systems,government tions in addition to impact on accounting and financial utilities, hospitals,and colleges and universities. reporting. Failure to devise remedies to reduce liabilities that If modifications in proposed financial accounting must be reported under GASB 10 will increase the standards for full disclosure of long-term liabilities are likelihood of the reduction in city bond ratings due to not made in GASB 10, many cities will show substan- the magnitude of unfunded long-term obligations. 1993 City Policies and Priorities 57 azo) MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director ' SUBJECT: Vierling Drive Between County Road 17 and County Road 79, Project No. 1992-3 DATE: November 10, 1992 INTRODUCTION: Staff is requesting that the City Council amend the assessments for the Vierling Drive Project. Attached is Resolution No. 3705, which adopts the new assessments for this project and repeals the previous resolution. BACKGROUND: On November 3 , 1992 the City Council held a public hearing to consider adopting the special assessments for the Vierling Drive Project. At the conclusion of the public hearing, the City Council adopted the assessments by Resolution No. 3695. At the public hearing, two of the main issues discussed were the proposed assessments for the sidewalks and the boulevard trees. These two items were not included as assessable costs in the original feasibility report, but staff recommended including these two items in the final assessed costs and the City Council concurred. One of the statements presented to the Council to aid them in their decision was the fact that previous segments of Vierling Drive that were assessed (i.e. between C.R. 17 and C.R. 16) included the costs for sidewalks and boulevard trees. Since the November 3rd public hearing, staff has had the opportunity to review the past assessment calculations for previously assessed segments of Vierling Drive located between C.R. 17 and C.R. 16 which was constructed in two projects. Staff has discovered that boulevard trees were not assessed as part of these two projects. In reviewing the files, staff has been unable to determine why the boulevard trees were not included as part of the total project costs. The east half of this project included some additional landscaping on the hill going down to C.R. 16 such as special pine trees, wildflower grasses, etc. Staff can only assume that the Council felt these items should not be assessed and therefore eliminated them from the assessments. When the west half of Vierling Drive was constructed in this area, staff reviewed the previous assessment, which did not include the boulevard trees, and inadvertently eliminated the boulevard trees from the assessments for this second project. Based on the fact that no boulevard trees were assessed for these previous two Vierling Drive Projects, staff felt that the City Council should be given the opportunity to eliminate them from this project. If that is the desire of City Council, attached is Resolution No. 3705, which adopts a new assessment roll for this project eliminating the boulevard trees and repeals the previous Resolution No. 3695. Per Minnesota Statutes 429. 071, another public hearing is required to change the assessments, unless 100% of the property owners sign a waiver. Staff has contacted both property owners affected and is hoping to have signed waivers by the November 17th Council meeting. Attachment No. 1 shows the impact on the assessments by eliminating the boulevard trees. ALTERNATIVES: 1. Adopt Resolution No. 3705. 2 . Deny Resolution No. 3705. RECOMMENDATION: Staff is of the opinion that boulevard trees should be included in the overall project costs of a street. But based on the past City Council 's action, the City Council may wish to eliminate the boulevard trees from the assessed costs. If the City Council elects to keep the boulevard trees as part of the assessed costs, no action is necessary as the assessments have already been adopted. ACTION REQUESTED: Offer Resolution No. 3705, A Resolution Adopting Assessments for Vierling Drive, Between County Road 17 and County Road 79 , Project No. 1992-3 and move its adoption. DEH/pmp MEM3705 ATTACHMENT NO. 1 Eliminating Boulevard Trees From The Assessed Costs Vierling Drive Project No. 1992-3 1. Total Cost of Boulevard Trees (Construction Costs and Administrative Costs) = $14, 099. 11 2 . Cost Split Between the Meadows and Prairies Estates (using frontage of street within each subdivision, which is the method the street assessments were divided up) The Meadows = 1808 Ft./3249 Ft. x $14, 099 . 11 = $7 , 845.86 Prairie Estates = 1441 Ft./3249 Ft. x $14 , 099 . 11 = $6, 253 .25 3 . Revised Assessments (Total) The Meadows Total Original Assessment $165, 920. 66 Minus Boulevard Trees 7 ,845.86 New Revised Assessment $158, 074 .80 Prairie Total Original Assessment $187,782 . 36 Estates Minus Boulevard Trees 6, 253 . 25 New Revised Assessment $181, 029 . 11 RESOLUTION NO. 3705 A Resolution Adopting Assessments For Vierling Drive, Between County Road 17 And County Road 79 Project No. 1992-3 WHEREAS, notice having been duly waived, the City Council of the City of Shakopee met and reviewed the proposed assessments of: Vierling Drive, between County Road 17 and County Road 79 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That such proposed assessments as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessments against the lands named herein and each tract therein included is hereby found to be benefitted by the proposed improvements in the amount of the assessments levied against it. 2 . Such assessments shall be payable in equal annual installments extending over a period of ten years, the first installment to be payable on or before the first Monday in January, 1993 , and shall bear interest at the rate of 6 . 5 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31, 1993 and to each subsequent installment when due shall be added the interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; the owner may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list, and may pay the remaining principal balance of the assessment to the City Treasurer. 4. The Clerk shall file the assessment rolls pertaining to this assessment in her office and shall certify annually to the County Auditor on or before November 30th of each year the total amount of installments and interest on assessments on each parcel of land which are to become due in the following year. 5. Resolution No. 3695 which was adopted by the City Council on November 3 , 1992 , is hereby repealed. 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: City Attorney VIERLING DRIVE ASSESSMENTS PROJECT 1992-3 P.I.D. NO. PROPERTY OWNER LEGAL TOTALDESCRIPTION ASSESSMENT 27-169001-0 GOLD NUGGET DEV. LOT 1 BLOCK 1 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION 27-169002-0 GOLD NUGGET DEV. LOT 2 BLOCK 1 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION 27-169003-0 GOLD NUGGET DEV. LOT 3 BLOCK 1 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION 27-169004-0 GOLD NUGGET DEV. LOT 4 BLOCK 1 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION 27-169005-0 GOLD NUGGET DEV. LOT 5 BLOCK 1 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION 27-169006-0 GOLD NUGGET DEV. LOT 6 BLOCK 1 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION 27-169007-0 GOLD NUGGET DEV. LOT 7 BLOCK 1 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION 27-169008-0 GOLD NUGGET DEV. LOT 8 BLOCK 1 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION 27-169009-0 GOLD NUGGET DEV. LOT 9 BLOCK 1 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION 27-169010-0 GOLD NUGGET DEV. LOT 10 BLOCK 1 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION 27-169011-0 GOLD NUGGET DEV. LOT 11 BLOCK 1 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION VIERLING DRIVE ASSESSMENTS PROJECT 1992-3 P.I.D. NO. PROPERTY OWNER LEGAL TOTAL DESCRIPTION ASSESSMENT 27-169012-0 GOLD NUGGET DEV. LOT 12 BLOCK 1 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION 27-169013-0 GOLD NUGGET DEV. LOT 13 BLOCK 1 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION 27-169014-0 GOLD NUGGET DEV. LOT 1 BLOCK 2 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION 27-169015-0 GOLD NUGGET DEV. LOT 2 BLOCK 2 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION 27-169016-0 GOLD NUGGET DEV. LOT 3 BLOCK 2 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION 27-169017-0 GOLD NUGGET DEV. LOT 4 BLOCK 2 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION 27-169018-0 GOLD NUGGET DEV. LOT 5 BLOCK 2 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION 27-169019-0 GOLD NUGGET DEV. LOT 6 BLOCK 2 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION GOLD NUGGET DEV. LOT 7 BLOCK 2 $752.15 27-169020-0 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION 27-169021-0 GOLD NUGGET DEV. LOT 1 BLOCK 3 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION VIERLING DRIVE ASSESSMENTS PROJECT 1992-3 P.I.D. NO. PROPERTY OWNER LEGAL TOTALDESCRIPTION ASSESSMENT 27-169022-0 GOLD NUGGET DEV. LOT 2 BLOCK 3 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION 27-169023-0 GOLD NUGGET DEV. LOT 3 BLOCK 3 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION 27-169024-0 GOLD NUGGET DEV. LOT 4 BLOCK 3 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION 27-169025-0 GOLD NUGGET DEV. LOT 5 BLOCK 3 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION 27-169026-0 GOLD NUGGET DEV. LOT 6 BLOCK 3 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION 27-169027-0 GOLD NUGGET DEV. LOT 7 BLOCK 3 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION 27-169028-0 GOLD NUGGET DEV. LOT 8 BLOCK 3 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION 27-169029-0 GOLD NUGGET DEV. LOT 9 BLOCK 3 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION 27-169030-0 GOLD NUGGET DEV. LOT 10 BLOCK 3 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION 27-169031-0 GOLD NUGGET DEV. LOT 1 BLOCK 4 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION 27-169032-0 GOLD NUGGET DEV. LOT 2 BLOCK 4 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION VIERLING DRIVE ASSESSMENTS PROJECT 1992-3 P.I.D. NO. PROPERTY OWNER LEGAL TOTAL DESCRIPTION ASSESSMENT 27-169033-0 GOLD NUGGET DEV. LOT 3 BLOCK 4 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION 27-169034-0 GOLD NUGGET DEV. LOT 4 BLOCK 4 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION 27-169035-0 GOLD NUGGET DEV. LOT 5 BLOCK 4 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION 27-169036-0 GOLD NUGGET DEV. LOT 1 BLOCK 5 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION 27-169037-0 GOLD NUGGET DEV. LOT 2 BLOCK 5 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION 27-169038-0 GOLD NUGGET DEV. LOT 3 BLOCK 5 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION 27-169039-0 GOLD NUGGET DEV. LOT 4 BLOCK 5 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION 27-169040-0 GOLD NUGGET DEV. LOT 5 BLOCK 5 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION 27-169041-0 GOLD NUGGET DEV. LOT 6 BLOCK 5 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION 27-169042-0 GOLD NUGGET DEV. LOT 7 BLOCK 5 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION 27-169044-0* GOLD NUGGET DEV. L 1 &2 BLOCK 6 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION VIERLING DRIVE ASSESSMENTS PROJECT 1992-3 P.I.D. NO. PROPERTY OWNER LEGAL TOTAL DESCRIPTION ASSESSMENT 27-169046-0' GOLD NUGGET DEV. L 3 &4 BLOCK 6 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION 27-169047-0 GOLD NUGGET DEV. LOT 5 BLOCK 6 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION 27-169048-0 GOLD NUGGET DEV. LOT 6 BLOCK 6 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION 27-169049-0 GOLD NUGGET DEV. LOT 7 BLOCK 6 $752.15 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION 27-169050-0 GOLD NUGGET DEV. OUTLOT A $120,712.37 8857 ZEALAND AVE. N. MEADOWS 7TH BRKLYN PARK, MN. 55445 ADDITION 27-169051-0 CITY OF SHAKOPEE OUTLOT B $2,011.23 129 E. 1ST AVE. MEADOWS 7TH SHAKOPEE, MN. 55379 ADDITION 27-138037-0 VIERLING PARTNERSHIP OUTLOT C $72,411.64 1461 CO. RD. 79 PRAIRIE ESTATES SHAKOPEE, MN. 55379 1ST ADDITION 27-138038-0 VIERLING PARTNERSHIP OUTLOT D $108,617.47 1461 CO. RD. 79 PRAIRIE ESTATES SHAKOPEE, MN. 55379 1ST ADDITION TOTAL = $339,103.91 riff44 " " ‘-Th T MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Initiating Vacation of the East 30 feet of the North 150 feet of the Utility Easement Reserved within Vacated Clay Street between 3rd Avenue and 4th Avenue DATE: October 30 , 1992 INTRODUCTION: The attached Resolution No. 3700 sets a public hearing date to consider the vacation of the east 30 feet of the north 150 feet of the utility easement reserved within the vacated portion of Clay Street between 3rd Avenue and 4th Avenue. DISCUSSION: The City has received a petition for the vacation of the east 30 feet of the north 150 feet of the utility easement reserved within the vacated portion of Clay Street between 3rd Avenue and 4th Avenue. The attached resolution sets a public hearing for December 15 , 1992 . On that date, comments from staff members and utilities, as well as a recommendation from the Planning Commission, will be presented to City Council for their consideration. ACTION REQUESTED: Offer Resolution No. 3700 , A Resolution Setting the Public Hearing Date to Consider the Vacation of the East 30 feet of the North 150 feet of the Utility Easement Reserved within the Vacated Portion of Clay Street between 3rd Avenue and 4th Avenue, and move its adoption. RESOLUTION NO. 3700 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF THE EAST 30 FEET OF THE NORTH 150 FEET OF THE UTILITY EASEMENT RESERVED WITHIN THE VACATED PORTION OF CLAY STREET BETWEEN 3RD AVENUE AND 4TH AVENUE WHEREAS, it has been made to appear to the Shakopee City Council that the East 30 feet of the North 150 feet of the Utility Easement Reserved within the Vacated Portion of Clay Street between 3rd Avenue and 4th Avenue, between Block 41 and Block 42 , Shakopee Plat serves no public use or interest; and WHEREAS, a public hearing must be held before an action to vacate can be taken and two weeks published and posted notice thereof must be given. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that a hearing be held in the Council Chambers on the 15th day of December, 1992 , at 7 : 00 P.M. or thereafter, on the matter of vacating that portion of the East 30 feet of the North 150 feet of the Utility Easement Reserved within the Vacated Portion of Clay Street between 3rd Avenue and 4th Avenue, between the northern 150 feet of Block 41 and Block 42 , Shakopee Plat. WHEREAS, two weeks published notice will be given in the SHAKOPEE VALLEY NEWS and posted notice will be given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U. S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of 1992 . Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney COi\ SEI1T MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Initiating Vacation of the Alley in Block 42, Shakopee Plat DATE: November 13, 1992 INTRODUCTION: The attached Resolution No. 3704 sets a public hearing date to consider the vacation of the remaining portion of the alley within Block 42 , Shakopee Plat. DISCUSSION: The City has received a petition for the vacation of the alley from Nancy Lee and Patrick Blood. The attached resolution sets a public hearing for December 4, 1992 at 8: 00 A.M. . On that date, comments from staff members and utilities, as well as a recommendation from the Planning Commission, will be presented to City Council for their consideration. ACTION REQUESTED: Offer Resolution No. 3704, A Resolution Setting the Public Hearing Date to Consider the Vacation of the Alley within Block 42 , Shakopee Plat, and move its adoption. Ir k.)• ; RESOLUTION NO. 3704 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF THE ALLEY WITHIN BLOCK 42, SHAKOPEE PLAT WHEREAS, it has been made to appear to the Shakopee City Council that the remaining portion of the alley within Block 42 , Shakopee Plat serves no public use or interest; and WHEREAS, a public hearing must be held before an action to vacate can be taken and two weeks published and posted notice thereof must be given. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that a hearing be held in the Council Chambers on the 4th day of December, 1992 , at 8 : 00 A.M. or thereafter, on the matter of vacating that portion of the alley within Block 42 , Shakopee Plat. WHEREAS, two weeks published notice will be given in the SHAKOPEE VALLEY NEWS and posted notice will be given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U. S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1992 . Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CONSENT (-) MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S . Cox, City Clerk RE: Resolution No. 3707 , Apportioning Special Assessments Against Lots Within Heritage Place 4th Addition DATE: November 13 , 1992 INTRODUCTION & BACKGROUND: The final plat of Heritage Place 4th Addition has been filed with the Scott County Recorder. There are special assessments existing against the original parcels from which this plat originated. It is appropriate at this time to apportion the special assessments against the original parcel, Outlot A, Heritage Place 3rd Addition, against the newly created parcels within Heritage Place 4th Addition. The apportionment of the special assessments as contained in the attached resolution have been agreed to by the Developer in the Subdivision Agreement for Heritage Place 4th Addition. RECOMMENDED ACTION: Offer Resolution No. 3707 , A Resolution Apportioning Assessments Among New Parcels Created as a Result of the Platting of Heritage Place 4th Addition, and moved its adoption. JSC/tiv RESOLUTION NO. 3707 A RESOLUTION APPORTIONING ASSESSMENTS AMONG NEW PARCELS CREATED AS A RESULT OF THE PLATTING OF HERITAGE PLACE 4TH ADDITION WHEREAS, on August 1, 1989, Resolution No. 3091 adopted by the City Council levied assessments against properties benefitted by construction of Vierling Drive from County Road 17 easterly for +/- 3200 feet, Project #1988-1; and WHEREAS, on February 6, 1990, Resolution No. 3169 adopted by the City Council apportioned the installments remaining unpaid against the parcels created because of the platting of Heritage Place 2nd Addition; and WHEREAS, on September 1, 1992, Resolution No. 3659 adopted by the City Council apportioned the installments remaining unpaid against the platting of Heritage Place 3rd Addition; and WHEREAS, it is the desire of the City Council to apportion the installments remaining unpaid against Outlot A, Heritage Place 3rd Addition because of the platting of Heritage Place 4th Addition; and WHEREAS, the property owners have agreed to the apportionment through the execution of a Developer's Agreement for Heritage Place 4th Addition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE: 1. That the 1992 payable remaining balance of assessments to parcel 27-170027-0 is $23 , 383.53 for the 1988-1 Vierling Drive Improvement Project and are hereby apportioned as outlined in Exhibit "A", attached hereto and made a part hereof. 2 . That all other parts of Resolution No 's. , 1891, 3169, and 3659 shall continue in effect. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota, held this 17th day of November, 1992 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney Page 1 of 3 EXHIBIT "A" TO RESOLUTION NO. 3707 HERITAGE PLACE 4TH ADDITION ASSESSMENT REAPPORTIONMENT TABLE PROPERTY LEGAL P.I.D. NO. OWNER DESCRIPTION 1988-1(66) 27-172001-0 Lyman Development Co. LOT 1 BLK 1 $866.06 300 Morse Ave. P.O. Box 40 HERITAGE PLACE Excelsior, Mn. 55331 4TH ADDITION 27-172002-0 Lyman Development Co. LOT 2 BLK 1 $866.06 300 Morse Ave. P.O. Box 40 HERITAGE PLACE Excelsior, Mn. 55331 4TH ADDITION 27-172003-0 Lyman Development Co. LOT 3 BLK 1 $866.06 300 Morse Ave. P.O. Box 40 HERITAGE PLACE Excelsior, Mn. 55331 4TH ADDITION 27-172004-0 Lyman Development Co. LOT 4 BLK 1 $866.06 300 Morse Ave. P.O. Box 40 HERITAGE PLACE Excelsior, Mn. 55331 4TH ADDITION 27-172005-0 Lyman Development Co. LOT 5 BLK 1 $866.06 300 Morse Ave. P.O. Box 40 HERITAGE PLACE Excelsior, Mn. 55331 4TH ADDITION 27-172006-0 Lyman Development Co. LOT 6 BLK 1 $866.06 300 Morse Ave. P.O. Box 40 HERITAGE PLACE Excelsior, Mn. 55331 4TH ADDITION 27-172007-0 Lyman Development Co. LOT 7 BLK 1 $866.06 300 Morse Ave. P.O. Box 40 HERITAGE PLACE Excelsior, Mn. 55331 4TH ADDITION 27-172008-0 Lyman Development Co. LOT 8 BLK 1 $866.06 300 Morse Ave. P.O. Box 40 HERITAGE PLACE Excelsior, Mn. 55331 4TH ADDITION 27-172009-0 Lyman Development Co. LOT 9 BLK 1 $866.06 300 Morse Ave. P.O. Box 40 HERITAGE PLACE Excelsior, Mn. 55331 4TH ADDITION 27-172010-0 Lyman Development Co. LOT 1 BLK 2 $866.06 300 Morse Ave. P.O. Box 40 HERITAGE PLACE Excelsior, Mn. 55331 4TH ADDITION 27-172011-0 Lyman Development Co. LOT 2 BLK 2 $866.06 300 Morse Ave. P.O. Box 40 HERITAGE PLACE Excelsior, Mn. 55331 4TH ADDITION Page 2 o; 3 HERITAGE PLACE 4TH ADDITION ASSESSMENT REAPPORTIONMENT TABLE PROPERTY LEGAL P.I.D. NO. OWNER DESCRIPTION 1988-1(66) 27-172012-0 Lyman Development Co. LOT 3 BLK 2 $866.06 300 Morse Ave. P.O. Box 40 HERITAGE PLACE Excelsior, Mn. 55331 4TH ADDITION 27-172013-0 Lyman Development Co. LOT 4 BLK 2 $866.06 300 Morse Ave. P.O. Box 40 HERITAGE PLACE Excelsior, Mn. 55331 4TH ADDITION 27-172014-0 Lyman Development Co. LOT 5 BLK 2 $866.06 300 Morse Ave. P.O. Box 40 HERITAGE PLACE Excelsior, Mn. 55331 4TH ADDITION 27-172015-0 Lyman Development Co. LOT 6 BLK 2 $866.06 300 Morse Ave. P.O. Box 40 HERITAGE PLACE Excelsior, Mn. 55331 4TH ADDITION 27-172016-0 Lyman Development Co. LOT 7 BLK 2 $866.06 300 Morse Ave. P.O. Box 40 HERITAGE PLACE Excelsior, Mn. 55331 4TH ADDITION 27-172017-0 Lyman Development Co. LOT 8 BLK 2 $866.06 300 Morse Ave. P.O. Box 40 HERITAGE PLACE Excelsior, Mn. 55331 4TH ADDITION 27-172018-0 Lyman Development Co. LOT 9 BLK 2 $866.06 300 Morse Ave. P.O. Box 40 HERITAGE PLACE Excelsior, Mn. 55331 4TH ADDITION 27-172019-0 Lyman Development Co. LOT 10 BLK 2 $866.06 300 Morse Ave. P.O. Box 40 HERITAGE PLACE Excelsior, Mn. 55331 4TH ADDITION 27-172020-0 Lyman Development Co. LOT 11 BLK 2 $866.06 300 Morse Ave. P.O. Box 40 HERITAGE PLACE Excelsior, Mn. 55331 4TH ADDITION 27-172021-0 Lyman Development Co. LOT 12 BLK 2 $866.06 300 Morse Ave. P.O. Box 40 HERITAGE PLACE Excelsior, Mn. 55331 4TH ADDITION 27-172022-0 Lyman Development Co. LOT 13 BLK 2 $866.06 300 Morse Ave. P.O. Box 40 HERITAGE PLACE Excelsior, Mn. 55331 4TH ADDITION Page 3 of 3 HER/TAGE PLACE 4TH ADDITION ASSESSMENT REAPPORTIONMENT TABLE PROPERTY LEGAL P.I.D. NO. OWNER DESCRIPTION 1988-1(66) 27-172023-0 Lyman Development Co. LOT 14 BLK 2 $866.06 300 Morse Ave. P.O. Box 40 HERITAGE PLACE Excelsior, Mn. 55331 4TH ADDITION 27-172024-0 Lyman Development Co. LOT 15 BLK 2 $866.06 300 Morse Ave. P.O. Box 40 HERITAGE PLACE Excelsior, Mn. 55331 4TH ADDITION 27-172025-0 Lyman Development Co. LOT 16 BLK 2 $866.06 300 Morse Ave. P.O. Box 40 HERITAGE PLACE Excelsior, Mn. 55331 4TH ADDITION 27-172026-0 Lyman Development Co. LOT 17 BLK 2 $866.06 300 Morse Ave. P.O. Box 40 HERITAGE PLACE Excelsior, Mn. 55331 4TH ADDITION 27-172027-0 Lyman Development Co. LOT 18 BLK 2 $866.06 300 Morse Ave. P.O. Box 40 HERITAGE PLACE Excelsior, Mn. 55331 4TH ADDITION TOTAL= $23,383.53 COiISENT TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Canceling Debt Service Levies For 1992 DATE: November 2, 1992 Introduction Resolution No. 3701 cancels debt service levies as per Council discussion. Background Attached is Resolution No. 3701 canceling service levies for payable in 1993 and making an irrevocable transfer from the General Fund to various debt service funds in 1992 in lieu of the 1992/93 levy. This is according to Council discussions on the budget. The actual tax levy for the transferred amount would be made as a General Fund tax levy for pay 1993 to replace the funds transferred out of the general fund in 1992. Alternatives 1. Adopt Resolution No. 3701. 2. Levy as debt service tax for 1992/92. Recommendation Alternative number 1. Action Offer Resolution No. 3701 A Resolution Canceling Debt Service Levies For 1993, and move its adoption. RESOLUTION NO. 3701 A RESOLUTION CANCELING DEBT SERVICE LEVIES FOR 1993 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, COUNTY OF SCOTT, MINNESOTA, that the following debt service levies are canceled: 1985A Improvement Bonds $ 5,239 1986A Improvement Bonds 32,646 1986E Improvement Bonds 29,877 1987A Improvement Bonds 5,281 1988A Improvement Bonds 15,920 1990A Improvement Bonds 134,872 BE IT FURTHER RESOLVED, that the following irrevocable transfers are made from the General Fund to the respective debt service funds in 1992: 1986A Improvement Bonds $ 32,646 1986B Improvement Bonds 29,877 1987A Improvement Bonds 5,281 1990A Improvement Bonds 134,872 BE IT FURTHER RESOLVED, that the City Clerk is hereby instructed to transmit a certified copy to 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 1992. Mayor of the City of Shakopee ATTEST: Approved as to form City Clerk City Attorney \' ' y"T / 2 TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: 1992 Budget Amendment Resolution No. 3706 DATE: November 11, 1992 Introduction Due to discussion, previous Council action and other items, an amendment to the 1992 Budget is in order. Background The first set of budget changes is to increase both revenue and expense accounts for police service contracts. The second set is for previous Council action to use contingency for the replacement of the heating unit for Public Works and the pool chlorinator. This is reducing the appropriation for contingency and increasing the appropriation in the respective division where the expenditure is charged. Alternatives 1. Approve resolution as presented. 2. Amend resolution and approve. 3. Do not approve resolution. Action Offer Resolution No. 3706 A Resolution amending Resolution No. 3496 Adopting the 1992 Budget and move its adoption. RESOLUTION 3706 A RESOLUTION AMENDING RESOLUTION 3496 ADOPTING THE 1992 BUDGET WHEREAS, the City Council has adopted a budget for the fiscal year, and WHEREAS, changing conditions and circumstances warrant amending the budget, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the accounts are changed as follows: Fund Division Account Amount General Revenue Police Serv. 0317.3420 3,400 General Revenue Police Serv. 0312.3420 41,500 General Police 0317.4102 3,000 General Police 0317.4121 360 General Police 0317.4125 40 General Police 0312.4101 27,000 General Police 0312.4121 3,240 General Police 0312.4131 3,180 General Police 0312.4151 7,790 General Street 0421.4230 6,000 General Pool 0611.4240 1,300 General Contingency 0911.4490 (7,300) Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1991. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form City Attorney COISET MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Transit Budget Amendment - Resolution No. 3708 DATE: November 12, 1992 INTRODUCTION: For the past three months the Shakopee Transit Program has experienced increased ridership demand in the Van Pool and Dial-A- Ride Programs. Additional service has been implemented in response to the demand. It would be appropriate at this time to amendment the 1992 Transit Budget accordingly to offset costs associated with the additional service. BACKGROUND: Last year the Regional Transit Board approved $236, 360. 00 for transit operating assistance for the City of Shakopee in 1992 . The 1992 Budget included funding for seven van pools at a cost of $700. 00 per month. In 1992 the average leasing cost since forOca van pool ool has been $750. 00 per month. Additionally, additional van pool vehicles have been added to our fleet. With the winter season rapidly approaching, we have also noticed a significant increase in dial-a-ride ridership demand. Our normal and customary seasonal ridership increase has been exacerbated by the fact that we are now receiving increased request for handicapped service. These increases are a result of discontinued Metro Mobility Services in our area. The 1993 Transit Budget did include the addition of a fourth dial-a-ride vehicle that will be handicapped accessible. The Energy and Transportation Committee is recommending that the fourth dial-a-ride handicapped accessible vehicle be placed in to service on November 16, 1992 rather than January 1, 1993 . The Energy and Transportation Committee is also recommending that additional funds be allocated to market the Dial-A-Ride Program and the new handicapped accessible service. Shown in attachment #1 is a summary of the various service components mentioned herein and the additional cost associated with each element. Staff has submitted a budget amendment request in the amount of $17, 015. 00 to the Regional Transit Board for their review and approval. The Regional Transit Board' s Administration and Finance Committee approved the additional funding request on November 9, 1992 . At that time, the Administration and Finance Committee also approved the City of Shakopee's 1993 Transit Service Budget request. Shown in attachment #2 is Resolution No. 3708, A Resolution Amending the 1992 Budget Increasing the Transit Division by $17, 015. 00. Note that State Aid Revenues (RTB Financial Assistance) are being increased by a corresponding amount. ALTERNATIVES: 1. Offer Resolution No. 3708 , A Resolution Amending Resolution No. 3496 Adopting the 1992 Budget. 2 . Amend the Resolution as drafted and move it' s adoption. 3 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: Offer Resolution No. 3708 , A Resolution Amending Resolution No. 3496 Adopting the 1992 Budget, and move it' s adoption. Attachment #1 City of Shakopee 1993 Budget Amendment Cost Allocation 1. Vanpool Program - Addition of eighth vehicle to the fleet. 4 months @ $800. 00 per mo. = $3200. 00 Less Revenue Generation (25%) = ($800. 00) Additional Funding Request = $2400. 00 2. Vanpool Program - Monthly ydlease costs higher than originally budgeted. 7 vehicles @ 12 mo. @ $50. 00 per/mo. = $4200 . 00 Additional Funding Request = $4200. 00 3 . Dial-A-Ride Program - Addition of fourth Dial-A-Ride vehicle to the fleet. (Handicapped Accessible 11/15/92 - 12/31/92) 33 days @ 12 hrs/day @ $25. 00 per/hr. = $9 , 900. 00. Less Revenue Generation (15%) = ($1485 . 00) Additional Funding Request = $8415. 00 4 . Dial-A-Ride Program - Marketing and Promotions To inform Shakopee residents that a handicapped accessible Dial-A-Ride vehicle will now be available without a 24 hour notice requirement, produce a direct mail piece that can be distributed to all Shakopee residents. Additional Funding Request = $2000. 00 Total 1992 Budget Amendment Funding Request = $17, 015 RESOLUTION NO. 3708 A RESOLUTION AMENDING RESOLUTION 3496 ADOPTING THE 1992 BUDGET WHEREAS, the City Council has adopted a budget for the fiscal year, and WHEREAS, changing conditions and circumstances warrant amending the budget, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the accounts are changed as follows: Amount Fund Division Account 15,015.00 Transit - Purchase of Service $ Transit - Promotions $2,000.00 Transit State Aid (Revenue) $17,015.00 Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1992. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form City Attorney / .,k. COiikT. , , ;,_ November 13 , 1992 Mr. Cliff McCann Acting Scott County City Administrator Scott County Courthouse 428 South Holmes Street, Room 110 Shakopee, MN 55379 Dear Mr. McCann: This letter is in reference to a building that is owned by Scott County located at 8700 Highway 101, in the City of Shakopee. This building is scheduled for demolition in order to make room for additional road work. The Shakopee Police Department would like to use this building for training purposes. The training would consist of: Stealth Entry Dynamic Entry Room Searches Officer Down Rescues General Team Movement We would like to begin training at this property at your earliest convenience. Thank you very much for your consideration in this matter. Sincerely, Dennis R. Kraft City Administrator DRK:bjm [BURNING RES] RESOLUTION NO. / ,z k- A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, REQU USE OF A SCOTT COUNTY BUILDING FOR POLICE TRAINING. WHEREAS, the Scott County Highway Department has taken possession of the building located at the following address: 8700 Highway 101, in the City of Shakopee; and WHEREAS, this building is scheduled for demolition in order to make room for additional road construction; and WHEREAS, the Shakopee Police Department would like to use this building for police training purposes including stealth entry, dynamic entry, room searches, officer down rescues, and general team movement; and WHEREAS, the City of Shakopee would assume all liability for all claims for damage, actions or causes of action arising out of negligent acts of the Police Department, its agents and employees, hold the County of Scott harmless from any such claims; and WHEREAS, the County of Scott has tentatively agreed to the use of this building for police training purposes subject to the passage of this resolution. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Shakopee that the Shakopee Police Department is authorized to arrange with the Scott County Highway Department for the use of the premises at 8700 Highway 101, in Shakopee, Minnesota, for training purposes. Dated this day of , 1992 . Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney [BURNING.RES]